SAQMMA16R0396_A003.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE RATING

2. AMENDMENT/MODIFICATION NO.

A003

3. EFFECTIVE DATE

01/29/2018

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

LMAQMCODE

OFFICE OF ACQUISITION MANAGEMENT

(A/LM/AQM)

PO BOX 9115, ROSSLYN STATION

US DEPARTMENT OF STATE

ARLINGTON, VA 22219

William Schaeffer

NAME

571-226-9619

TEL.

schaefferwt@state.gov

EMAIL

6. ISSUED BY LMAQMCODE

OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)

PO BOX 9115, ROSSLYN STATION

US DEPARTMENT OF STATE

ARLINGTON, VA 22219

7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NO.

SAQMMA16R0396

CONTACT DUNS

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

01/15/2018

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended, Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning ____copies of the amendment;(b)By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.X

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

LOCAL GUARD SOLICITATION - BAMAKO, MALI

The purpose of this amendment is to do the following;

1) Remove the following language from Section M.2, page 103

"However, as the price of an offerors proposal become equal to or more important than technical factors considered, technical merit may become the determining factor for award. Or, as the technical evaluation becomes equal to or greater of importance on price, then price may become the determining factor for award."

2) Change language regarding the "Evaluation Approach" in Section M.2

3) Add Section M.2.3.9 Subfactor 9 Licenses and Permits to Section M.2

All other terms and conditions remain unchanged

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

William Schaeffer

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

01/29/2018

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

SAQMMA16R0396

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs

B.1 PRICE SCHEDULE

B.2 TYPE OF CONTRACT

B.3 OFFERS AND PAYMENT IN LOCAL CURRENCY

B.4 VALUE ADDED/TAX/GOODS AND SERVICES TAX

B.5 PAYMENT, CEILING, AND WITHHOLDING

B.6 EMPLOYEE SALARY BENEFITS

B.7 LABOR CATEGORIES

B.8 OTHER DIRECT COSTS

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/FUNCTIONS

C.6 CONTRACT CHANGES

C.7 RIGHT OF FIRST REFUSAL OF EMPLOYMENT

C.8 GUARD SERVICES AND EQUIPMENT

C.9 POST HOURS AND SCHEDULE

C.10 ORGANIZATION CHART AND EMPLOYEE LISTING

C.11 SURVEILLANCE DETECTION (SD) OPERATIONS

C.12 CONTINGENCY PLAN

C.13 TRANSITION PLAN

C.14 DEFINITIONS

D Packaging and Marking E Inspection and Acceptance

E.1 ACCEPTABLE LEVELS OF PERFORMANCE

F Deliveries or Performance

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

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 RESERVED

H.9 AUTHORITY AND JURISDICTION

H.10 LICENSES, BONDS AND PERMITS

H.11 PERSONAL INJURY, PROPERTY LOSS OR DAMAGE (Liability)

H.12 VARIATION IN QUANTITY

H.13 GOVERNMENT FURNISHED PROPERTY

H.14 KEY CONTROL

H.15 PUBLIC RELEASE OF INFORMATION

H.16 POST AWARD CONFERENCE

H.17 LOCAL GUARD FORCE-MARINE SECURITY GUARD RELATIONSHIP

H.18 STANDARDS OF CONDUCT

H.19 CRIMINAL ACTIONS

I Contract Clauses

52.217-7 Option for Increased Quantity--Separately Priced Line Item (Mar 1989)

I.1 TRAVEL AND SUBSISTENCE COSTS

I.2 RIGHT OF FIRST REFUSAL OF EMPLOYMENT

I.3 CONTRACT CHANGES

J List of Attachments

J.1 LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

K Representations, Certifications, and Other Statements of Offerors or Respondents 52.203-2 Certificate Of Independent Price Determination (Apr 1985) 52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions (Sept 2007) 52.204-8 Annual Representations and Certifications (Jan 2017) 52.209-5 Certification Regarding Responsibility Matters (Oct 2015) 52.209-7 Information Regarding Responsibility Matters (Jul 2013)

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

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

2004)

K.1 AUTHROIZED CONTRACT ADMINISTRATOR

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

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 2017) 52.237-1 Site Visit (Apr 1984)

652.206-70 ADVOCATE FOR COMPETITION/OMBUDSMAN (FEB 2015)

652.219-70 DEPARTMENT OF STATE SUBCONTRACTING GOALS (APR 2004)

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 LIMITATIONS OF SUBCONTRACTING

L.11 PROPOSAL INSTRUCTIONS

L.11.1 VOLUME 1: PRICE PROPOSAL

L.11.2 VOLUME 2: TECHNICAL PROPOSAL

L.11.3 Cross-Reference Matrix

L.12 OBTAINING LICENSES AND PERMITS

L.13 USE OF NON-GOVERNMENT EVALUATORS (05/95)

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

M.1 GENERAL

M.2 EVALUATION FACTORS FOR AWARD

M.3 SOLICITATION AMENDMENT

M.4 USE OF NON-GOVERNMENTAL EVALUATORS

M.5 BASIS FOR AWARD

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

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0.00 LT

Doc Ref No:

Delivery Date FOB:

B.1 PRICE SCHEDULE

SEE EXHIBIT S - PRICING SCHEDULE

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 LOCAL CURRENCY

All pricing is in U.S. Dollars. The Contractor shall invoice in and payment will be made in U.S. Dollars.

B.4 VALUE ADDED/TAX/GOODS AND SERVICES TAX

Value Added Tax (VAT)/Goods and Services Tax (GST) is not applicable to this contract and shall not be in-cluded in the rates for Standard Services, Additional or Emergency Services, Vehicles, communications Equip-ment, the estimated amount for materials or DBA Insurance.

B.5 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 per-formance 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 obliga-tion regarding these benefits, which may subsequently arise. Where local law requires bonuses, specific minim-um wage levels, and premium pay for holidays, payments for social security, pensions, severance, sick or health

SAQMMA16R0396

Line Item Summary

Solicitation Number:

SAQMMA16R0396

Contract Number: Title: LOCAL GUARD SERVICES - Bamako

Date of Solicitation:

01/29/2018

Line Item No. Description Quantity Unit Unit Price Total Cost 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 Sec-tion B and Section J, Exhibit S shall include all such costs.

If, under the law of any jurisdiction, the Government is considered directly or subsidiarily liable for the pay-ment of any amount to any party on the basis of Contractor’s breach of labor or employment laws, or in the event an employee of the Contractor names the Government in such an action, the Government will be entitled to reimbursement from the Contractor of all expenses incurred in any legal action initiated regarding any wages, benefits, allowances, premiums, or any other labor claims, as well as the indirect costs entailed by the legal ac-tion – including, but not limited to, attorney’s fees, court costs, and employee time. The Contractor is obliged to reimburse the Government of all such expenses within thirty days of receipt of notification of expenses in-curred.

B.6.1 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 compensation program. Employee health benefits must be maintained at the level approved throughout the term of the contract at no additional cost to the Gov-ernment. 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 LABOR CATEGORIES

Section C, Performance Work Statement, contains the specific tasks, and Section H contains personnel require-ments the Contractor shall be required to provide and/or adhere to in the performance of this contract. All per-sonnel requirements pertain to the labor categories contained under both Standard and Additional or Emergency (A&E) Services.

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 host country Government. This includes other fringe benefits such as annual leave, sick leave and severance pay.

The Contract Line Item Numbers (CLINs) prices in Section B shall include 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 premi-um pay for holidays, payments for social security, pensions, severance pay, sick or health benefits, childcare or any other benefit, the Contractor is responsible for these payments. The rates/prices in Section B shall include the applicable costs necessary to comply with local labor laws.

In consideration of satisfactory performance, the Government will pay the Contractor each month for the Stand-ard and/or A&E Services rendered.

B.7.1 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 be-nefits, severance costs, general and administrative expenses and profit for each category of labor. The fixed hourly rate shall also include costs for personal equipment required for each individual employee (e.g. uniforms, body armor, etc.). Overhead costs may include administrative personnel, transition costs, materials and sup-plies, training, or housing for example. Labor categories for Standard Services are outlined below:

• CLINs 0001, 1001, 2001, 3001 and 4001: Guard Force Commander.

• CLINs 0002, 1002, 2002, 3002 and 4002: Shift Supervisor

• CLINs 0003, 1003, 2003, 3003 and 4003: Supervisor

• CLINs 0004, 1004, 2004, 3004 and 4004: Senior Guard

• CLINs 0005, 1005, 2005, 3005 and 4005: Guard/Driver

• CLINs 0006, 1006, 2006, 3006 and 4006: Guard

• CLINs 0007, 1007, 2007, 3007 and 4007: Surveillance Detection Specialist

• CLINs 0008, 1008, 2008, 3008 and 4008: Surveillance Detection Supervisor

B.7.2 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. The Government is not obligated to order A&E Services and does not represent that any minimum will be ordered. The total hours and rates established for A&E Services are not subject to adjustment under the clause entitled Variation in Quantity (H.12). The Government will not be liable for any costs related to A&E Services that are not ordered.

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 be-nefits, severance, general and administrative expenses and profit for each category of labor. Materials shall be reimbursed at cost in accordance with FAR 16.601 (except as provided for in FAR 31.205-26(e) and (f)). Labor categories for A&E Services are outlined below:

• CLINs 0009, 1009, 2009, 3009 and 4009: Shift Supervisor

• CLINs 0010, 1010, 2010, 3010 and 4010: Supervisor

• CLINs 0011, 1011, 2011, 3011 and 4011: Senior Guard

• CLINs 0012, 1012, 2012, 3012 and 4012: Guard

B.8 OTHER DIRECT COSTS

This section includes non-labor costs required by this contract. All costs, with the exception of Reimbursable Materials, DBA Insurance and VAT, are firm-fixed priced monthly rate. The firm-fixed price ODC CLINs are not subject to a price adjustment unless the threshold in the Variation in Quantity clause is exceeded.

B.8.1 Mobile Patrol Vehicles

CLINs 0013, 1013, 2013, 3013 and 4013 - Mobile Patrol Vehicles: The Contractor shall furnish sufficient vehicles to provide Mobile Patrol operations during the days and hours specified in Section J, Exhibit A. The mobile patrol units shall operate 24-hours per day, seven days per week.

The Contractor shall have sufficient spare vehicles to ensure no lapses in coverage due to mechanical failure, regular maintenance or other unforeseen reasons. (Section J, Exhibit D). In the event a replacement is required, the COR shall approve any vehicle that differs from the existing models.

The monthly rate for Mobile Patrol vehicles shall include all operating costs including, but not limited to fuel, lubricants, oil, routine and special maintenance, cleaning, tolls, parking and insurance. The Contractor shall take into account the residual value and only charge the Government for the prorated cost applicable to this con-tract. The titles to all vehicles supplied by the Contractor shall remain with the Contractor. Mobile Patrol Vehicles shall be used only for Mobile Patrol purposes and shall display a COR-approved logo on the driver’s side and passenger side doors.

B.8.2 Local Guard Force Equipment

CLINs 0014, 1014, 2014, 3014 and 4014 - Guard Force Equipment: The monthly rate shall include all costs in-cluding procurement of, taxes, duties, fees, maintenance, repair upgrades, licenses, permits, and usage fees asso-ciated with the contractor-furnished equipment required to perform this contract. This equipment includes, but is not limited to:

• Radio network and hardware;

• Cell Phones;

• Guard Electronic Monitoring System (GEMS);

• Firearms and Ammunition (if applicable);

• Log books; and

• Post-specific equipment.

See Section J, Exhibit D, Contractor Furnished Equipment, for specific equipment details.

Radio Network and Hardware: The Contractor shall acquire and pay for radios, all dedicated frequencies, us-age fees, licenses and permits that may be required for the operation of the communications network throughout the life of the contract. The Contractor is responsible for all maintenance and repair costs associated with all communications equipment included in the communications network.

Cell Phones: The monthly rate shall also include all costs associated with providing smart phones as required in Section J, Exhibit D, including maintenance and replacement costs. The Contractor shall provide one fully-enabled smart phone device with camera and email capabilities for the Project Manager, Guard Force Com-mander, Shift Supervisor, and one per Mobile Patrol. All cellular phones must provide full in and out of net-work coverage.

GEMS: The monthly rate shall include all costs associated with providing GEMS equipment as required in Section J, Exhibit D, including maintenance and replacement costs.

Firearms and Ammunition (if applicable): If there are armed guards identified in Section J, Exhibit A, the Contractor shall provide all firearms and ammunition required under this contract. The monthly rate shall in-clude all costs associated with providing firearms equipment as required in Section J, Exhibit D, including maintenance, cleaning and replacement costs.

Log Books: The monthly rate shall also include all costs for providing hard-bound log books.

Post-Specific Equipment: The monthly rate shall include all costs associated with providing post-specific equipment as required in Section J, Exhibit D, including maintenance and replacement costs.

B.8.3 Reimbursable Materials and Incidental Services

CLINs 0015, 1015, 2015, 3015 and 4015 - Reimbursable Materials: In the event the Government requests the Contractor to purchase reimbursable materials or incidental services, the Contractor shall provide two competit-ive 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. The Contractor shall receive COR written approval before procuring any reimbursable materials or incidental ser-vices.

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 $3,200.00 per contract year. Contractor shall receive COR written approval before procuring any reimbursable materials.

B.8.4 Surveillance Detection (SD) Equipment and Command Post

CLINs 0016, 1016, 2016, 3016 and 4016

Vehicles: The Contractor shall provide a minimum of one unmarked vehicles for the SD teams. The vehicles shall be rotated at least once every two months to ensure that the SD team is not easily identified as an element of the U.S. Embassy. The monthly rate shall include all operating costs including, but not limited to fuel, lub-ricants, oil, routine and special maintenance, care, cleaning, tolls, parking, and insurance.

Other SD Equipment: Surveillance Detection Equipment (monthly rate): The monthly rate shall include all equipment costs associated with Surveillance Detection operations (see Section C.11), including repair and maintenance cost.

SD Command Post: The Contractor shall provide an SD Command Post in accordance with Section J, Exhibit D.

B.8.5 Defense Base Act Insurance (DBA)

CLINs 0017, 1017, 2017, 3017 and 4017 - 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 U.S. Department of Labor approved insur-ance provider.

B.8.6 Value Added Tax (VAT)/Goods and Services Tax

CLINs 0018, 1018, 2018, 3018 and 4018 - Value Added Tax (VAT) is not applicable to this contract and shall not be included in the rates for Standard Services, Additional or Emergency Services, Vehicles, Communica-tions Equipment, the estimated amount for materials for DBA Insurance.

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 Mali. Direct service labor costs include only the costs of wages and direct benefits (such as social security, health insurance, unem-ployment 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 categor-ies of Section B, or for overhead, profit, general and administrative (G&A) costs, taxes or any other costs what-soever.

(b) For the Contracting Officer to consider any request for adjustment, the Contractor shall demonstrate in writ-ing:

(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 sub-mitted no later than 90 calendar days after the changes in the law have been made public. This data shall in-clude, 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 adjust-ment 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 in-crease 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 con-sidered 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 pay-ment has been made under this contract.

(i) This clause shall only apply to laws enacted by the Government of Mali 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 with paragraph (c), may result in the Gov-ernment 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/Consulate Bamako The Embassy requires a secure environment to conduct its mission. The Contractor shall provide the organizational structure, management, and qualified staff at levels 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 objectives are accomplished in a safe and secure environment. DS accomplishes this by making the protection of people, information, and property its top priority. DS develops and implements effective security programs to safe-guard DOS personnel as they implement foreign policy and promote U.S. interests around the world. The pro-tection of life is the most critical element of the DS mission, and is an absolute requirement for the global con-duct of foreign affairs.

DS Special Agents that are assigned to U.S. diplomatic missions overseas serve as the Regional Security Of-ficers (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 DS 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 comple-ments 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 protect life; prevent unauthorized access; maintain order; deter criminal attacks against employees, dependents, and property prevent terrorist acts against all U.S. assets; and damage to Government property. The Contractor loc-al guard services shall act as an early warning signal to the Embassy and RSO.

C.4 LOCAL GUARD SERVICES

The Contractor shall provide local guard services in accordance with this Section C, Performance Work State-ment, Section H, and all Exhibits. The Contractor shall provide two types of services: (1) Standard and (2) Ad-ditional or Emergency (A&E) services. The Contractor shall not subcontract or lease the Standard or A&E Ser-vices.

The Contractor shall maintain a sufficient number of trained and qualified personnel in order to meet the re-quired hours of operation for each post. The Standard Services are set forth in Section J, Exhibit A. The re-quirement 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, change in threat environment, construction projects on the compound, or temporary changes to compound entry/egress.

The Contractor shall ensure that the local guard service personnel comply fully with the General and Post Or-ders contained in Section J, Exhibit B

C.4.1 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 request A&E Services to meet increased workload or temporary needs for services arising from visitors to post or special events. The COR shall confirm any oral request for A&E Services in writing within 48 hours of the oral request. The Contractor shall document requests for A&E services as specified in section G of this contract. A&E 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 include in its next regular nvoice details of the A&E Services and any ma-terials provided. The Contractor shall also include a copy of the COR's written confirmation for providing such services.

C.4.2 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 comply with these orders. These orders shall not be modified or revised without the writ-ten authority of the Contracting Officer (CO).

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) proposed changes to the orders.

The General and Post Orders shall only be provided to the Contractor in English. The Contractor shall translate 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.5 SPECIFIC TASKS/FUNCTIONS

In performing these services the Contractor shall be required to protect human life; control access to the facilit-ies; maintain order, and resist attacks against mission personnel, visitors, and families under Chief of Mission authority. The Contractor shall provide roving foot patrols of U.S Government facilities in accordance with Section J, Exhibits A and B. The Contractor shall respond to intruder alerts, notifying the COR, and follow in-structions in Section J, Exhibit B.

The Contractor shall utilize vehicles, Guard Electronic Monitoring System (GEMS), radio network and equip-ment, 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 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. The guards shall screen visitors and their possessions using the access control equipment to detect the presence of weapons or other prohibited items. The Contractor shall provide the building entry control in accordance with Section J, Exhibits A and B.

Residential Entry: For entry control at residences, the Contractor shall identify and maintain a log of visitors entering the residences. Guards shall screen vehicles. Guards shall deny visitors whose arrival is not expected at the entrance until cleared by authorized personnel inside the residence or the RSO Duty Officer (See Section J, Exhibit B). The Contractor shall provide residential entry control in accordance with Section J, Exhibits A and B.

Vehicle Entry and Access Control: For vehicle entry and access control, the Contractor shall examine all Government, commercial, and visitor vehicles entering an official facility. Guards shall check vehicle passen-gers for proper identification and screen the vehicle for explosives and suspect packages, following the proced-ures described in Section J, Exhibit B. Guards shall admit only authorized vehicles.

Inspection of Packages and Mail: 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 pack-ages or mail. The Contractor shall maintain a log of all screened packages or mail in accordance with Exhibits B.

C.5.2 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).

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 Contractor shall operate explosive detection, x-ray inspection, and metal detection equipment in accordance with Section J, Exhibits A and B.

C.5.3 Patrols

The Contractor shall provide both roving, foot patrols, and when applicable Mobile Patrols in accordance with Section J, Exhibits A and B.

Perimeter Patrol: The Contractor shall make rounds within designated areas as directed by the COR. Guards shall change their course, pace, and timing of patrols while patrolling grounds to avoid establishing a set time and pattern of perimeter rounds. In accordance with Exhibit B, the foot patrols may have GEMS responsibilit-ies.

Mobile Patrol: The Contractor shall provide Mobile Patrol services for residential and official facilities in ac-cordance with Section J, Exhibits A and B. There are approximately 3 buildings and 82 residences located in 3 Zones patrolled by the mobile units. A minimum of 3 mobile patrol units are required. The distance covered by the 3 mobile patrol units will total approximately 4220 kilometers per month. Scheduling for the patrol shall vary to prohibit anticipating its route.

Response to Alarm Activation: The Mobile Patrol on duty shall respond to activated alarms. The Mobile Patrol shall arrive at the location within 10-15 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 residence or a residential or facility compound unless directed by the COR. If the resident is present and gives permission, the Mobile Patrol may enter the residence or the resident’s compound to look for possible intruders. The Mobile Patrol shall not depart the residence without authorization of the COR or GTM.

C.5.4 Escort Services

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

C.5.5 Logs and Records

Administrative Records. The Contractor shall maintain administrative files, which shall at a minimum include personnel records, investigation records (see H.2) and training records (see H.7) on all employees working un-der the contract. The COR is authorized to examine the Contractor’s administrative files at any time. The Con-tractor shall maintain daily time and attendance records, which may be reviewed by the COR as required. The Contractor shall be responsible for the translation into English of all records that are requested by the COR.

The Contractor shall maintain all logs and records of all U.S. owned/controlled properties secured by the Con-tractor and make them available to the COR for immediate inspection upon request. The Contractor shall submit all logs and records in a format agreed to by the COR. The Contractor shall keep any additional logs as instruc-ted by the COR for deliverable reports (See Section F.4). All log books when full/complete or at the end of the contract shall be submitted to the RSO office for retention.

The Contractor shall provide a log for each 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 ink.

An entry shall be made into each post logbook when:

• A guard assumes the post and conducts a radio check;

• When a guard is relieved;

• When post equipment is missing, broken, or malfunctioning;

• When post equipment is tested or calibrated;

• Whenever an incident occurs that requires a separate incident report;

• The RSO, COR, or Guard Force Coordinator conducts a post inspection; and

• A supervisor (including PM, GFC, Shift Supervisor) conducts a post inspection.

Operational Reports: 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, as defined by the RSO, 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 within 10 days after contract award. 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.

Corrective Action Plans and Deficiency Notices: The COR may issue a request for a Corrective Action Plan (CAP) when the Contractor’s performance is consistently deficient, substandard, or if a significant incident oc-curs that compromises the safety and security of mission facilities or personnel. The Contractor, including the Contractor’s corporate management personnel, shall be involved in the preparation of the CAP response as well as implementing and monitoring corrective actions to resolve the deficient contract performance.

If implementation of the CAP does not correct the deficient contract performance, the CO may issue a Defi-ciency Notice to the Contractor.

Explosive, X-Ray Inspection and Metal Detection Equipment Records: The Contractor shall ensure that the explosive detection, x-ray inspection, and metal detection equipment is operating properly. Inspection and cal-ibration shall be conducted by the Contractor, as a minimum, at the beginning of each shift (or as otherwise re-quired) and documented in the post log books in accordance with Exhibit B. If the equipment is not properly operating, the Contractor shall note the deficiencies in the log book and immediately notify the COR.

C.6 CONTRACT CHANGES

C.6.1 Temporary Changes

The COR may orally request changes on a temporary basis to meet revised security needs. Unless otherwise authorized by the CO, temporary changes shall not exceed 30 calendar days or the ceiling price in the contract for Additional or Emergency (A&E) Services. The Government will pay for these temporary changes at the rates stated in Section B for A&E Services. The COR shall confirm each oral request in writing within 48 hours of the oral request. If the Contractor has not received this written confirmation within 48 hours, the Contractor shall immediately notify the CO.

C.6.2 Other Changes

The changes in Section C.6.1 shall not result in changes to Section J, Exhibit A, because they are only tempor-ary services. The Government will modify the contract (Exhibit A) for any non-temporary need for location changes. If the Contractor has reason to believe that it has been directed by the COR to perform work that is not temporary in nature, the Contractor shall immediately notify the CO in writing.

C.7 RIGHT OF FIRST REFUSAL OF EMPLOYMENT

COR-approved guards, who were working on the previous local guard contract, shall be provided the right of first refusal for employment openings under this contract. This applies to opportunities for which the guards are qualified under this contract.

C.8 GUARD SERVICES AND EQUIPMENT

C.8.1 Supervision

The Contractor shall provide adequate on#site supervision of all employees and inspection of employees in ac-cordance with Section J, Exhibit B. The Contractor shall inspect each post during daylight hours at least twice and three times during night hours. The COR may, by written notice, reduce the inspection frequency for short periods not to exceed 30 days. This inspection shall assure that:

• The post is properly manned and equipped;

• All guard and security equipment is operational;

• The assigned guard is fully familiar with the General Orders and Post Orders; and

• The post log is properly maintained.

The Contractor shall conduct a muster of guards going on duty for purposes of attendance, inspection for proper uniform, review of current security concerns, and special instructions, and training. Training provided during the muster is not to be construed as the annual refresher training. The guard muster may be temporarily waived in writing by the COR for periods not to exceed seven calendar days. The time required for this muster is in ad-dition to that required to provide a timely relief for guards on post. The Contractor shall provide this muster at no additional charge.

The organizational structure of guard services consists of staff led by a Project Manager (PM). The PM shall manage the Contractor's workforce and be the Contractor's liaison with the Government. The PM shall be available 24-hours per day, seven days per week to receive and implement orders or special instructions from the CO or COR concerning the operation, protection, and security of assigned areas. The PM position is a key position and is staffed in accordance with the requirements described in Section H.5.1. The PM shall routinely report for duty to the embassy/consulate during operational hours and meet with the COR and/or the Guard Force Coordinator.

The uniformed guard force is led by the Guard Force Commander (GFC) during hours indicated in Exhibit A.

The GFC’s work hours are considered flexible and the COR may adjust the GFC’s daily work schedule to in-clude assignment to evening, weekend and holiday periods without a further equitable adjustment in the terms and conditions of the contract. Cumulative adjustments to the daily work schedule shall not exceed the total weekly hours described on Exhibit A for this post. The COR shall provide reasonable prior notification in writ-ing of all schedule changes. The Guard Force Commander position is a key position and is staffed in accord-ance with the requirements described in Section H.5.2. After the GFC ends his daily duties, the supervision of the uniformed guard force is transferred to the Supervisors.

The GFC may have one or more supervisors reporting to him/her. The scope and size of the guard services will determine the number of Supervisor positions required. Normally, Supervisor positions are manned 24 hours a day, seven days a week. A supervisor’s function shall be to supervise all guard personnel assigned during the shift. The GFC shall routinely meet with the COR and/or the Guard Force Coordinator.

The GFC and Supervisor positions are set forth in Section J, Exhibit A.

C.8.2 Alarm Monitoring/Dispatcher Services

The Contractor shall provide alarm monitoring/dispatcher services in accordance with Section J, Exhibits A and B. The Contractor shall note any malfunctioning or broken alarms and associated equipment in the Post Log and immediately report to the COR. The Contractor shall ensure all personnel assigned to the alarm monitor-ing/dispatcher post are properly trained and have the appropriate English language skills before assigning to the post.

The security dispatcher shall provide a report of individual alarm activations and malfunctions to include the location (by code), the date and time of activation. In addition, the security dispatchers shall be responsible for obtaining information as to the resolution of the alarm from the responding Mobile Patrol unit, and shall provide the COR a typed incident report explaining the resolution. The Contractor shall provide these reports to the COR within 24 hours after an alarm activation/malfunction (See Section J, Exhibit B).

The Contractor shall provide the COR monthly statistics showing all incidents involving the Mission properties, including but not limited to false alarms, trespassing, attempted burglaries, and assaults.

C.8.3 Closed Circuit Television (CCTV)

The Contractor Guards shall operate the CCTV monitoring equipment where applicable following the guidance contained in Section J, 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 COR immediately. The Contractor shall ensure all personnel assigned to a CCTV post are properly trained before being assigned to the post (Section H.7.3).

C.8.4 Guard Electronic Monitoring System (GEMS)

In order to ensure the Embassy is receiving the highest level of security services, the Contractor shall complete a required number of security checks during each shift. In order to ensure that inspections are maintained at the proper levels, the Contractor shall employ a Guard Electronic Monitoring System (GEMS). The Contractor shall use GEMS for monitoring the quality control of these inspection services. Posts with scanner responsibil-ities are annotated in Section J, Exhibit A and the duties described in the Post Orders in Section J, Exhibit B.

During supervisory rounds, the supervisor shall document and report all incidents and follow up with written re-ports as identified in Exhibit B. The Contractor shall:

• Ensure responsible employees are properly trained and understand the function of the equipment;

• Ensure correct use of the hand-held data collection device;

• Maintain integrity of the system;

• Ensure designated individuals scan all checkpoints in the route;

• Ensure data is properly entered into the computer; and,

• Ensure information collected is computer-generated into reports designed to capture guard activities and su-pervisor oversight.

The Contractor shall provide training to the employees who will be using the system. The Contractor shall maintain employee-training records to document the GEMS training in the individual’s administrative records.

The Contractor shall be responsible for the maintenance, replacement and support of the system to ensure con-tinuous 24 hour operation.

GEMS Components: A complete GEMS includes the system and reporting software, hand-held data collec-tion devices, data points such as bar code labels, data strips, touch tags or electronic buttons, batteries or rechar-ging stations, computer and printer.

The GEMS shall be capable of collecting and downloading data to a computer in order to create computer gen-erated reports. The reports shall serve to document guard activities and supervisor oversight.