Vancouver LGP RFP.doc

American Consulate General

Vancouver, Canada

December 11, 2008

Solicitation Number S-CA770-09-R-0001 for local guard service

Dear Sir or Madam:

Attached is a Request for Proposals (RFP) for guard service. If you are interested in submitting a proposal, please read the entire RFP carefully, especially the following sections:

· Section B.2.2 – the contractor is liable for any severance pay to employees. Include severance pay as part of the hourly rate.

· Section G.2 – note recent changes for invoice format.

· Section H.7.7 – the Government will be able to assist in the duty-free importation of equipment for this contract.

· Section L – instructions for preparing a proposal are found in L.1. Also, there will be a site visit and pre-proposal conference held at the Consulate General on December January 7, 2009. If you are interested in attending, please notify us after you read the solicitation. Please note that any required visas, hotel reservations, and transportation are your responsibility.

· Section L.1.3.3(b). Please note the requirement to provide details regarding any terminations, show cause notices, cure notices or deductions received on any contracts during the last 3 years.

For your information, the current contractor is St. Moritz Security Services, Inc.

Current hourly rates are as follows in USD:

Guard $11.79;

Guard Force Commander $13.29.

Surveillance Detection Specialist $28.04;

Surveillance Detection Supervisor $29.18;

Any questions must be sent to me in writing. Questions may be faxed to (604) 685-5285 attention Kevin Crisp. The Embassy appreciates your interest in this solicitation.

Kevin Crisp, Contracting Officer.

UNDER DPAS (15 CFR 350)

1 | 88

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

3. SOLICITATION NO.

S-CA770-09-R-0001

4. TYPE OF SOLICITATION

[ ] SEALED BID (IFB)

[x] NEGOTIATED (RFP)

5. DATE ISSUED

12/11/2008

6. REQUISITION/PURCHASE NO.

7. ISSUED BY CODE

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

American Consulate General Vancouver

Phone: (604) 685-4311 Fax: (604) 685-5285 United States Consulate General 1095 West Pender Street

Vancouver, BC, Canada V6Z 3E5

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

SOLICITATION

9. Sealed offers in original and four copies for furnishing the supplies or services in the Schedule will be received at the place specified, in the depository located in the waiting room of the Management Office, on the 19th floor until 4:00 pm local time Feb 12, 2009 .

(hour)

(date)

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

10. FOR INFORMATION

CALL:

A. NAME

Kevin Crisp

B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXT

(604) 694-7708

C. E-MAIL ADDRESS

crispkb@state.gov

11. TABLE OF CONTENTS

OTHER STATEMENTS OF OFFERORS

OFFER (Must be fully completed by offeror)

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

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (120 calendar days unless a different period is inseted by the offer) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

SEE 14

(See section I, Clause No 52.232-8)

10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS

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

15A.

NAME

CODE

FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED

AND

ADDRESS

OF

OFFEROR

TO SIGN OFFER (Type or print)

15B. TELEPHONE NO. (Include area code)

15C. CHECK IF REMITTANCE ADDRESS [ ]

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEM NUMBERED

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

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

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

25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print)

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

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

NSN 7540-01-152-8064

STANDARD FORM 33 (REV 9-97)

PREVIOUS EDITION NOT USABLE

Prescribed

SECTION B

SERVICES AND PRICES

B.1.

SERVICES. The Contractor shall provide guard services in accordance with Section C – PERFORMANCE WORK STATEMENT (PWS) and the Exhibits attached to this contract. As described in Section C, two types of services are required: Standard Services and Additional or Emergency Services. For the Additional or Emergency Services, the Government may require the Contractor to supply additional materials or equipment, the costs for which shall be reimbursed under and in accordance with the terms and conditions of this contract.

B.1.1.

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 U.S. Firm for payment purposes should not be confused with the definition of U.S. Person for purpose 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.2

PRICING

B.2.1 GENERAL. In consideration of satisfactory performance, the Government will pay the Contractor each month for Standard Services and Additional or Emergency services on a time and materials basis, and a fixed monthly rate for vehicles and other equipment, if provided by the Contractor. If Defense Base Act Insurance is required under this contract, the Government shall reimburse the Contractor at cost.

B.2.2 STANDARD SERVICES. The hourly rates for Standard Services are fully loaded rates, including:

· All direct and indirect labor costs (including any premiums relating to overtime, holidays or night shifts, etc., and materials, excluding separately priced vehicles and communications equipment);

· All direct and indirect material costs (except for separately priced vehicles and communications equipment);

· Insurance (see FAR 52.228-4 and 52.228-5 in Section I; except for separately reimbursed DBA insurance);

· Severance pay;

· All overhead and indirect costs, including general and administrative expenses (G&A); and

· Profit.

B.2.2.1 OPTIONAL SERVICES. The Government reserves the option to request Contractor to provide an additional two guards for coverage at the Olympics Coordination Office located at 1133 Melville Street, Vancouver, BC, Canada. Optional Services would begin after November 1, 2009 and end before March 21, 2010.

The hourly rates for Optional Services are fully loaded rates, including:

· All direct and indirect labor costs (including any premiums relating to overtime, holidays or night shifts, etc., and materials, excluding separately priced vehicles and communications equipment);

· All direct and indirect material costs (except for separately priced vehicles and communications equipment);

· Insurance (see FAR 52.228-4 and 52.228-5 in Section I; except for separately reimbursed DBA insurance);

· Severance pay;

B.2.3 ADDITIONAL OR EMERGENCY SERVICES. The hourly rates for Additional or Emergency Services, as defined in Section C, are fully loaded rates, including:

· All direct and indirect labor costs (including any premiums relating to overtime, holidays or night shifts, etc., and materials, excluding separately priced vehicles and communications equipment);

· All direct and indirect material costs (except for separately priced vehicles and communications equipment);

· Insurance (see FAR 52.228-4 and 52.228-5 in Section I; except for separately reimbursed DBA insurance);

B.2.4 VEHICLES. Reserved.

B.2.5 LOCAL GUARD FORCE RADIO NETWORK EQUIPMENT. The monthly rate shall include all costs associated with radio/communications equipment (see Section C), including maintenance costs.

B.2.6 MATERIALS OR EQUIPMENT. These are items for which the contractor shall be reimbursed at cost (see C.2.2.1.) for all non-expendable equipment and expendable supplies, related to performance of Additional or Emergency Services. Receipts must be kept and presented for reimbursement.

B.2.7 DEFENSE BASE ACT INSURANCE. The hourly rates and prices in the contract shall not include Defense Base Act (DBA) Insurance. The Government will reimburse the Contractor directly for DBA Insurance that is required and obtained in accordance with Section I, DOSAR 652.228-71, "Worker's Compensation Insurance (Defense Base Act) – Services" and FAR 52.228-3, "Worker's Compensation Insurance (Defense Base Act)".

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 submit the certification of coverage from the carrier and a voucher for payment to the Contracting Officer. A paid invoice must support the voucher. The Contractor shall submit the certification to the Contracting Officer before the Notice to Proceed (see Section F).

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

B.2.8 DESCRIPTIONS OF LABOR CATEGORIES. See Section C for definitions and major duties/ responsibilities of the labor categories for Standard Services and Additional or Emergency Services. All other personnel that may be required in the performance of this contract are not separately priced. For example, the Project Manager (see Section H) and any administrative staff are not separately priced, but are included as part of overhead reflected in the hourly rates.

B.2.9 General Services Tax. General Services Tax (GST) is not included in the rates for Standard Services, Additional or Emergency Services, Vehicles, communications equipment, or the estimated amount for Materials. Rather, the Contractor shall include GST as a separate charge in the monthly invoice. The amount of GST to be charged is 5%. Local law dictates the portion of the contract price that is subject to GST; this percentage is multiplied only against that portion. It is reflected for each performance period. The portions of the solicitation subject to GST are:

Standard Services, Vehicles, Equipment, and Materials.

B.3

PRICES

B.3.1 STANDARD SERVICES. (See Section C and Exhibit A.) The Contractor shall provide the guard service shown below for the base period of the contract, starting on the date stated in the Notice to Proceed and continuing for a period of 12 months. The fixed hourly rate, estimated number of hours, and ceiling for each category are:

Labor Categories

Hourly

Number

Ceiling

Rate x of Hours Price Guard

21,204

Guard Force Commander

2,074

SD Specialist

6,096

SD Supervisor

1,952

Subtotal

31,326

B.3.1.1 OPTIONAL SERVICES. (See Section C, Exhibits A and B.) The Contractor shall provide the guard service shown below for the period stated in Section B.2.2.1, starting on the date stated in the Option Notice to Proceed. The fixed hourly rate, estimated number of hours, and ceiling for each category are:

Labor Categories

Hourly of Hours

1,700

1,700

B.3.2 ADDITIONAL OR EMERGENCY SERVICES. (See Subsection C.1.2 and C.2.2., Additional or Emergency Services.) The following estimated services for the base period of the contract are as follows:

The fixed hourly rate, estimated number of hours, and ceiling for each category are:

Labor Categories

Hourly of Hours

1,060

1,164

B.3.3 VEHICLES. Reserved.

B.3.3.1

VEHICLES – SURVEILLANCE DETECTION. Reserved.

B.3.4 RADIO NETWORK EQUIPMENT The firm fixed-price for all communications equipment necessary for performance of this contract, as described in B.2.5, is:

Monthly

Total rate of months

B.3.4.1

SURVEILLANCE DETECTION EQUIPMENT. The firm fixed-price for all Surveillance Detection equipment necessary for performance of this contract, as described in C.1.6, is:

of months

B.3.5 Materials or equipment reimbursed for additional or emergency services shall not exceed (see B.2.6): $1040.00

B.3.6 DEFENSE BASE ACT (DBA) INSURANCE. The Government will reimburse the Contractor for DBA insurance. The total estimated cost of this insurance is: $0.00

B.3.7 CONTRACT PRICE. The total ceiling price for the base period of this contract is:

CEILING

PRICE

B.3.1 STANDARD SERVICES

B.3.1.1 OPTIONAL SERVICES

B.3.2 ADDITIONAL OR EMERGENCY SERVICES

B.3.3 RESERVED

B.3.3.1 RESERVED

B.3.4 RADIO NETWORK EQUIPMENT

B.3.4.1 SD EQUIPMENT

B.3.5 REIMBURSABLE MATERIALS/EQUIPMENT

__1040.00_

B.3.6 DEFENSE BASE ACT INSURANCE

____ 0.00_

SUBTOTAL

GST

TOTAL CEILING PRICE FOR BASE PERIOD:

B.3.8 The Contractor shall notify the Contracting Officer in writing 60 days before the Contractor expects the total costs incurred to exceed 75% of any ceiling price/not to exceed amount listed above.

B.4

OPTION YEARS: LEVELS OF EFFORT AND PRICING.

B.4.1 FIRST OPTION YEAR - starting one year after the start date shown in the Notice to Proceed and continuing for a period of twelve months.

B.4.1.1

STANDARD SERVICES. (See Section C and Exhibit A.) The Contractor shall provide the guard service shown below for the first option year of the contract. The fixed hourly rate, estimated number of hours, and ceiling for each category are:

Labor Categories

Hourly of Hours

B.4.1.2

ADDITIONAL OR EMERGENCY SERVICES. (See Subsection C.1.2 and C.2.2, Additional or Emergency Services.) The following estimated services for the first option year of the contract are as follows:

The fixed hourly rate, estimated number of hours, and ceiling for each category are:

Labor Categories

Hourly of Hours

B.4.1.3

VEHICLES. Reserved

B.4.1.3.1 VEHICLES – SURVEILLANCE DETECTION. Reserved

B.4.1.4

RADIO NETWORK EQUIPMENT. The firm fixed-price for all communications equipment necessary for performance of this contract, as described in B.2.5., is:

of months

B.4.1.4.1 SURVEILLANCE DETECTION EQUIPMENT. The firm fixed-price for all Surveillance Detection equipment necessary for performance of this contract, as described in C.1.6, is:

of months

B.4.1.5

Materials or equipment reimbursed for additional or emergency services shall not exceed (see B.2.6): $1040.00 B.4.1.6

DEFENSE BASE ACT (DBA) INSURANCE. The Government will reimburse the Contractor for DBA insurance. The total estimated cost of this insurance is: $___0.00____

B.4.1.7

CONTRACT PRICE. The total ceiling price for the first option year of this contract is:

B.4.1.1 STANDARD SERVICES

B.4.1.2 ADDITIONAL OR EMERGENCY SERVICES

B.4.1.3 RESERVED

B.4.1.3.1 RESERVED

B.4.1.4 RADIO NETWORK EQUIPMENT

B.4.1.4 SD EQUIPMENT

B.4.1.5 REIMBURSABLE MATERIALS/EQUIPMENT

___1040.00_

B.4.1.6 DEFENSE BASE ACT INSURANCE

___ 0.00_

TOTAL CEILING PRICE FOR FIRST OPTION YEAR:

B.4.1.8

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

B.4.2 SECOND OPTION YEAR – starting two years after the start date shown in the Notice to Proceed and continuing for a period of twelve months.

B.4.2.1 STANDARD SERVICES. (See Section C and Exhibit A.) The Contractor shall provide the guard service shown below for the second option year of the contract. The fixed hourly rate, estimated number of hours, and ceiling for each category are:

Labor Categories

Hourly of Hours

B.4.2.2

ADDITIONAL OR EMERGENCY SERVICES. (See Subsection C.1.2 and C.2.2, Additional or Emergency Services.) The following estimated services for the second option year of the contract are as follows:

The fixed hourly rate, estimated number of hours, and ceiling for each category are:

Labor Categories

Hourly of Hours

B.4.2.3

VEHICLES. Reserved

B.4.2.3.1 VEHICLES – SURVEILLANCE DETECTION. Reserved

B.4.2.4

RADIO NETWORK EQUIPMENT. The firm fixed-price for all communications equipment necessary for performance of this contract, as described in B.2.5., is:

of months

B.4.2.4.1 SURVEILLANCE DETECTION EQUIPMENT. The firm fixed-price for all Surveillance Detection equipment necessary for performance of this contract, as described in C.1.6., is:

of months

B.4.2.5

Materials or equipment reimbursed for additional or emergency services shall not exceed (see B.2.6): $1040.00 B.4.2.6

DEFENSE BASE ACT (DBA) INSURANCE. The Government will reimburse the Contractor for DBA insurance. The total estimated cost of this insurance is: $__________

B.4.2.7

CONTRACT PRICE. The total ceiling price for the second option year of this contract is:

B.4.2.1 STANDARD SERVICES

B.4.2.2 ADDITIONAL OR EMERGENCY SERVICES

B.4.2.3 RESERVED

B.4.2.3.1 RESERVED

B.4.2.4 RADIO NETWORK EQUIPMENT

B.4.2.4 SD EQUIPMENT

B.4.2.5 REIMBURSABLE MATERIALS/EQUIPMENT

_ 1040.00_

B.4.2.6 DEFENSE BASE ACT INSURANCE

_____0.00_

TOTAL CEILING PRICE FOR SECOND OPTION YEAR:

B.4.2.8

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

B.4.3.

THIRD OPTION YEAR – starting three years after the start date shown in the Notice to Proceed and continuing for a period of twelve months.

B.4.3.1

STANDARD SERVICES. (See Section C and Exhibit A.) The Contractor shall provide the guard service shown below for the third option year of the contract. The fixed hourly rate, estimated number of hours, and ceiling for each category are:

Labor Categories

Hourly of Hours

B.4.3.2

ADDITIONAL OR EMERGENCY SERVICES. (See Subsection C.1.2 and C.2.2, Additional or Emergency Services.) The following estimated services for the third option year of the contract are as follows:

The fixed hourly rate, estimated number of hours, and ceiling for each category are:

Labor Categories

Hourly of Hours

B.4.3.3

VEHICLES. Reserved

B.4.3.3.1 VEHICLES – SURVEILLANCE DETECTION. Reserved

B.4.3.4

RADIO NETWORK EQUIPMENT. The firm fixed-price for all communications equipment necessary for performance of this contract, as described in B.2.5, is:

of months

B.4.3.4.1 SURVEILLANCE DETECTION EQUIPMENT. The firm fixed-price for all Surveillance Detection equipment necessary for performance of this contract, as described in C.1.6, is:

of months

B.4.3.5

Materials or equipment reimbursed for additional or emergency services shall not exceed (see B.2.6): $1040.00 B.4.3.6

DEFENSE BASE ACT (DBA) INSURANCE. The Government will reimburse the Contractor for DBA insurance. The total estimated cost of this insurance is: $___0.00_____

B.4.3.7

CONTRACT PRICE. The total ceiling price for the third option year of this contract is the sum of:

B.4.3.1 STANDARD SERVICES

B.4.3.2 ADDITIONAL OR EMERGENCY SERVICES

B.4.3.3 RESERVED

B.4.3.3.1 RESERVED

B.4.3.4 RADIO NETWORK EQUIPMENT

B.4.3.4 SD EQUIPMENT

B.4.3.5 REIMBURSABLE MATERIALS/EQUIPMENT

__1040.00_

B.4.3.6 DEFENSE BASE ACT INSURANCE

_____0.00_

TOTAL CEILING PRICE FOR THIRD OPTION YEAR:

B.4.3.8

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

B.4.4 FOURTH OPTION YEAR – starting four years after the start date shown in the Notice to Proceed and continuing for a period of twelve months.

B.4.4.1

STANDARD SERVICES. (See Section C and Exhibit A.) The Contractor shall provide the guard service shown below for the fourth option year of the contract. The fixed hourly rate, estimated number of hours, and ceiling for each category are:

Labor Categories

Hourly of Hours

B.4.4.2

ADDITIONAL OR EMERGENCY SERVICES. (See Subsection C.1.2 and C.2.2, Additional or Emergency Services.) The following estimated services for the fourth option year of the contract are as follows:

The fixed hourly rate, estimated number of hours, and ceiling for each category are:

Labor Categories

Hourly of Hours

B.4.4.3

VEHICLES. Reserved

B.4.4.3.1 VEHICLES – SURVEILLANCE DETECTION. Reserved

B.4.4.4

RADIO NETWORK EQUIPMENT. The firm fixed-price for all communications equipment necessary for performance of this contract, as described in B.2.5., is:

of months

B.4.4.4.1 SURVEILLANCE DETECTION EQUIPMENT. The firm fixed-price for all Surveillance Detection equipment necessary for performance of this contract, as described in C.1.6, is:

of months

B.4.4.5

Materials or equipment reimbursed for additional or emergency services shall not exceed (see B.2.6): $1040.00

B.4.4.6

DEFENSE BASE ACT (DBA) INSURANCE. The Government will reimburse the Contractor for DBA insurance. The total estimated cost of this insurance is: $____0.00__

B.4.4.7

CONTRACT PRICE. The total ceiling price for the fourth option year of this contract is:

B.4.4.1 STANDARD SERVICES

B.4.4.2 ADDITIONAL OR EMERGENCY SERVICES

B.4.4.3 RESERVED

B.4.4.3.1 RESERVED

B.4.4.4 RADIO NETWORK EQUIPMENT

B.4.4.4 SD EQUIPMENT

B.4.4.5 REIMBURSABLE MATERIALS/EQUIPMENT

___1040.00

B.4.4.6 DEFENSE BASE ACT INSURANCE

_____ 0.00

TOTAL CEILING PRICE FOR FOURTH OPTION YEAR:

B.4.4.8

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

B.4.5 GRAND TOTAL PRICE: The total ceiling price for the base period and all option years is: __________.

For purposes of evaluation only, the total price for the base period and all option years excluding GST is _____________.

B.5

652.216-71 PRICE ADJUSTMENT (AUG 1999)

(a) The contract price may be increased or decreased in actual costs of direct service labor which result directly from laws enacted and effective during the term of this contract by the Canadian Government. 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 the law. No adjustment will be made under this clause with respect to labor costs of personnel not performing direct service labor under the categories of Section B, or for overhead, profit, general and administrative (G&A) costs, taxes or any other costs whatsoever.

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

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

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

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

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

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:

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 Canadian Government meeting the criterion set forth above in paragraph (b). No adjustments shall be made due to currency fluctuations in exchange rates.

B.6

PAYMENT, CEILING, AND WITHHOLDING.

B.6.1 The Government will pay the Contractor for the number of hours worked, following the procedures in FAR clause 52.232-7 in Section I of this contract.

B.6.2 The Contractor shall not exceed the ceiling prices shown above either in total or for any category, unless the Contracting Officer signs a written contract modification to increase the ceiling.

B.6.3 The Government will make no withholding/retainage under FAR 52.232-7, paragraph (a)(2), "Payments Under Time-and-Materials and Labor-Hour Contracts," in Section I of this contract.

SECTION C

PERFORMANCE WORK STATEMENT (PWS)

C.1

WORK REQUIREMENTS

C.1.1 GENERAL. The American Consulate General Vancouver [referred to as the "American Embassy/Consulate"] needs a secure environment to conduct its mission. The Embassy/Consulate under this performance-based contract requires the operation and management of guard services in order to 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. The Contractor shall furnish managerial, administrative and direct labor personnel to accomplish all work required by this contract. The Contractor's employees shall be on‑site only for contractual duties and not for any other business or purposes.

C.1.1.1

MANAGEMENT. The organizational structure of guard services consists of staff led by a Project Manager. The Project Manager shall manage the Contractor's workforce and be the Contractor's liaison with the American Embassy (see Section H). The Project Manager shall be available at all times to receive and implement orders or special instructions from the Contracting Officer or Contracting Officer's Representative (COR; see Section G) concerning the operation, protection, and security of assigned areas. The Project Manger position is a key position and is staffed in accordance with the requirements described in H.5.

The uniformed guard force is led by the Guard Force Commander (GFC). The Guard Force Commander’s work hours are considered flexible and the COR may adjust the Guard Force Commander’s daily work schedule to include 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 writing of all schedule changes. The Guard Force Commander position is a key position and is staffed in accordance with the requirements described in H.5.

The Guard Force Commander position is set forth in Section J, Exhibit A. The Project Manager position is excluded from Exhibit A and may be included in the overhead rate.

C.1.2 PERSONNEL. The Contractor shall provide trained guard personnel for posts designated and for the hours indicated in Exhibit A. See also Section H. Listed below are the labor categories set forth under Standard and Additional or Emergency Services.

C.1.2.1

SUPERVISOR.

DEFINITION - A generic term for all supervisory levels in a local guard force. Positions may include the following job categories depending upon the size and scope of the guard program:

(1) Guard Force Commander; (2) Chief of Guards; (3) Captain of the Guards; (4) Shift Supervisor; and (5) their deputies.

MAJOR DUTIES AND RESPONSIBILITIES – May include all or part of the responsibilities set forth below:

· Supervision of the guard force that provides protection to all U.S. mission facilities, residences, and to the Chief of Mission;

· Dissemination of guard orders, deployment of guards and weekly scheduling;

· Conducting inspections of guards and guard posts;

· Investigating irregularities;

· Preparing reports and making recommendations regarding discipline and termination actions;

· Overseeing the training program to insure effectiveness;

· Acting as a point of contact with the RSO on operational guard force matters.

C.1.2.1.1

SURVEILLANCE DETECTION SUPERVISOR

DEFINITION - A contractor’s employee whose duty is to command and supervise the SD Specialists.

MAJOR DUTIES AND RESPONSIBILITIES - The SD Supervisor may be responsible for:

· Deployment of Specialists and weekly scheduling,

· Conducting inspections, investigates irregularities,

· Making recommendations regarding discipline and termination actions,

· Overseeing logistical aspects, and acts as point of contact with the RSO on operational SD Specialist matters.

C.1.2.2

SENIOR GUARD.

· Reserved.

C.1.2.2.1

SURVEILLANCE DETECTION (SD) SPECIALIST.

DEFINITION - A contractor’s employee whose duty is to observe and report unusual or suspicious activities directed toward the American Embassy or its personnel.

MAJOR DUTIES AND RESPONSIBILITIES - The SD Specialist will be able to write in English (see Section H and Exhibit A), have a valid driver’s license, and be able to operate all special equipment after relevant training. SD Specialist duties may be that of:

· Cellular telephone operation providing the communication link between SD unit supervisors and SD team members,

· Operations clerk performing administrative operations for the SD unit.

C.1.2.3

GUARD.

DEFINITION - Person who performs routine guard services for the protection of U.S. Mission facilities and personnel and their dependents.

MAJOR DUTIES AND RESPONSIBILITIES – The guard may be responsible for:

· Security duties at fixed, walking, or vehicle mobile patrol posts,

· Provide assistance to local authorities in thwarting criminal and terrorist acts,

· Performs access control duties to limit entry to authorized personnel or visitors,

· Operation of walk-through metal detectors, hand-held metal detectors, electronic and hydraulic barriers, and special monitoring devices.

C.1.2.4

GUARD-DRIVER.

· Reserved.

C.1.3

GENERAL ORDERS AND POST ORDERS.

C.1.3.1

DEFINITIONS.

"General Orders" means those instructions, directives and guidelines that apply to all guard personnel.

"Guard Post" or "Post" means a site or location where a guard is assigned for a specific period of time to perform prescribed functions. One location may have more than one guard post. Thus, one site, such as an access point for the Embassy, could have several guards assigned during the same time. The number of guard posts, therefore, is not the same as the number of guards assigned.

"Post Orders" means detailed instructions to persons assigned to a specific guard post.

“Surveillance Detection” is the act of determining whether surveillance is being conducted against a particular target. Surveillance detection is a defensive security measure that can be conducted by an individual or as a specifically designed operation by a trained team.

“Surveillance Detection SD Program” The SD program is a defensive program designed to enhance the safety and security of U.S. personnel and resources assigned to or under the umbrella of the Department of State. Its mandate is narrowly defined as “the discreet observation and reporting of surveillance activities directed at U.S. diplomatic personnel and facilities”.

C.1.3.2

GENERAL ORDERS AND POST ORDERS. General Orders and Post Orders are included as Exhibit B. The Contractor shall use and follow these orders in the performance of this contract. The Contractor shall ensure that guard personnel are complying with these orders. The Government may make changes to the orders within the scope of the contract. All changes and revisions to the orders shall be accomplished by issuance of contract modification. The Contractor may submit to the COR any request for changes to the orders.

The Contractor shall maintain a copy of the General Orders and Post Orders in English at each post. The Contractor shall insure that all updates and revisions to the General and Post Orders are maintained at each post.

C.1.4 POSTS. A detailed listing of posts and hours of coverage required, by guard category, is provided in Exhibit A as a part of this contract.

C.1.5

DUTIES AND RESPONSIBILITIES.

C.1.5.1

GUARD ELECTRONIC MONITORING SYSTEM.

Reserved.

C.1.5.2

ENTRY CONTROL. The Contractor shall deter and report unauthorized personnel or vehicular entry into areas designated by the Security Office as a controlled area. The Contractor shall report all serious or unexpected incidents to the RSO.

C.1.5.2.1 ENTRY CONTROL AT OFFICE BUILDINGS. The Contractor shall intercept and identify visitors outside the secure premises. Guards shall screen visitor identification. At designated buildings, guards shall request specified identification cards and U.S. passports and shall permit only persons holding them to enter the premises. Guards shall physically examine visitors and their effects and possessions to detect the presence of firearms or other weapons. If anyone refuses to identify himself/herself and attempts to enter the building, the guard shall use necessary force (see Exhibit B) to detain the individual and shall immediately notify the RSO.

C.1.5.2.2

ENTRY CONTROL AT OFFICIAL RESIDENCES.

Reserved

C.1.5.3

PROVIDE ESCORT. Local guards do 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. The Contractor shall not commit additional resources to escort duties unless the Contracting Officer modifies the contract for this purpose.

C.1.5.4

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

C.1.5.5

PATROL PERIMETER. Guards assigned to positions requiring foot-patrol duties shall make rounds of their assigned areas at least twice each hour. Guards shall change their course and pace while patrolling grounds to avoid establishing a set time and pattern of perimeter rounds.

C.1.5.6

INSPECTION AND SURVEILLANCE. The Contractor shall physically examine all packages and mail carried by any person who seeks access to guarded premises or who seeks to leave or deliver such packages or mail.

C.1.5.7

VEHICLE MOBILE PATROL

C.1.5.7.1 Reserved.

C.1.5.8.

LOCAL GUARD FORCE RADIO NETWORK. The Contractor shall be responsible for furnishing communications equipment necessary to provide a reliable local guard force radio network that is fully functional and operable 24 hours per day. (see Exhibit D).

The communication system shall be designed so that all radios utilizing repeaters, if necessary, can receive and transmit to all sectors covered by the mobile patrol and to all facilities covered by this contract.

The contractor shall be responsible for obtaining the necessary radio frequency for operation of its radio equipment. The Contractor is solely responsible for acquiring and paying for all licenses and permits that may be required for frequencies and the operation of all communications equipment throughout the life of the contract

The radio equipment shall operate on both the local guard company frequency and the U.S. Embassy frequency. (See Note # 2) The Contractor shall verify through the COR that the proposed equipment for the Local Guard Force Radio Network will not interfere with the communications equipment and operations of the Embassy.

The Contractor is responsible for all maintenance and repair costs associated with all equipment included in the local guard force radio network.

C.1.5.9

MAINTAIN LOGS AND RECORDS.

C.1.5.9.1 OPERATIONAL RECORDS. The Contractor shall provide a log for each post, consisting of a bound ledger, with lined paper and numbered pages. Post Orders will provide instructions for the posting of each log. The Contractor shall provide incident report forms for recording information regarding any incident at a post. The Contractor shall submit the design of this form in draft for approval by the COR.

C.1.5.9.2 ADMINISTRATIVE RECORDS. The Contractor shall maintain administrative files, which shall at a minimum include personnel records, investigation records (see H.2.1) and training records (see H.5.4) on all employees working under the contract. The COR is authorized to examine the Contractor's administrative files. The Contractor shall maintain daily time and attendance records, which may be reviewed by the COR as required.

C.1.5.9.3 EXPLOSIVE DETECTORS AND/OR X-RAY INSPECTION RECORDS. The Contractor shall keep Explosive Detector maintenance logs on a daily, weekly, monthly basis following the Maintenance Log Book procedures provided by the manufacturer. X-ray repair maintenance records shall be maintained. The Contractor shall keep any additional logs as instructed by the COR.

C.1.5.10 CLOSED CIRCUIT TELEVISION (CCTV). Guards assigned to positions requiring the use of closed circuit TV displays shall operate the monitoring equipment following the guidance contained in the post orders (Exhibit B). Operators shall pay particular attention for suspicious activity. The contractor shall note in the Post Log and report to the RSO immediately any malfunctioning or broken equipment. The contractor shall ensure all personnel assigned to a CCTV post have been properly trained before being assigned to the post (see H.5.4.8).

C.1.6

SURVEILLANCE DETECTION (SD) OPERATIONS

The contractor shall provide surveillance detection 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 sensitivities that may arise. The Contractor shall be able to adapt the program to accomplish its objectives while easing any concerns by either the Mission or the host country.

C.1.6.1

SURVEILLANCE DETECTION OPERATIONS.

C.1.6.1.1 GENERAL. The contractor shall provide surveillance detection as described in this section. The objectives of the surveillance detection 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.1.6.1.2

DETAILS.

Zones of coverage: All official facilities of the United States Government and as directed by the Regional Security Officer (RSO) or the Royal Canadian Mounted Police (RCMP). The zones of coverage are to include the area near and around the high rise building in which the Consulate General is located, the area near and around the Consul General’s residence, and the routes and/or roadways utilized by the Consul General on his or her way to and from the Consulate General.

Command post: See Exhibit E.

Duration of operation: Operations will be conducted daily during shifts of varying duration, including staffing on U.S. observed holidays as directed.

Personnel: Employees shall work in civilian clothes. Specialists and their supervisors must have language levels of 3 as defined in H.5.1.1.

Equipment: See Exhibits D and E.

C.1.6.1.3

METHODS.

Surveillance specialists will conduct mobile surveillance using foot, or bicycle, and will also use fixed locations.

Specific methods shall be flexible, adapting to situational variables. If dedicated Surveillance Detection mobile patrols will be used, mobile patrols 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 patrol areas,

· Identify suspicious or unusual people, vehicles, activities, buildings, or containers to the COR or his designee.

C.1.6.1.4

TRAINING OF SD SPECIALISTS AND SUPERVISORS.

The Government will provide basic training in surveillance detection techniques for the surveillance detection specialists and supervisors. The Government and the Contractor shall arrange a mutually agreeable time for the training (see Section H). If, as a result of the training course, the Contractor determines that alternative approaches to surveillance detection would be advisable, the Contractor shall recommend such changes to the COR. No changes will be effective unless the Government modifies the contract.

C.1.7

EXPLOSIVE DETECTORS AND/OR X-RAY INSPECTION EQUIPMENT OPERATOR. The Contractor shall provide personnel to operate the Explosive Detectors and X-ray Inspection Equipment. The Contractor shall follow the instructions in post orders, see Exhibit B.

Explosive Detector Operators: The Government will provide a maximum of five hours of training annually. Training shall cover equipment operation, operator maintenance, logbook procedures, and alarm resolution guidance.

X-ray Equipment Operators: The Government will provide a maximum of two hours of training annually. Training for x-ray equipment operators will cover equipment operation and hazardous device recognition.

Specifically trained and designated guard posts shall operate and maintain this equipment as set forth on Exhibit A. The Contractor shall submit reports as directed by the COR (see Section F).

C.1.8

CENTRAL ALARM MONITORING SYSTEM (CAMS). RESERVED.

C.2

TYPES OF SERVICE.

C.2.1 STANDARD SERVICES. Exhibit A specifies the standard services. The Contractor shall not subcontract or lease for the standard services.

C.2.2 ADDITIONAL OR EMERGENCY SERVICES. Additional or emergency services are services within the scope of this contract but not specified in Exhibit A. The performance of duties listed in Exhibit A does not constitute additional or emergency services. The Contractor shall not subcontract or lease for the additional or emergency services.

C.2.2.1

The COR may orally request additional or emergency services to meet increased workload or temporary needs for services arising from visitors to post or special events. The Contractor shall obtain the COR’s approval for reimbursement of any non‑expendable equipment or expendable supplies to be supplied by the Contractor related to the additional or emergency services.

C.2.2.2

The COR shall confirm any oral request for additional or emergency services in writing within forty‑eight (48) hours of the oral request.

C.2.2.3 The Contractor shall include in its next regular invoice details of the additional or emergency services and any materials provided. The Contractor shall also include a copy of the COR's written confirmation to provide such services.

C.3

MANAGEMENT

C.3.1 SCHEDULES. The Contractor shall prepare and maintain a Weekly Guard Post Schedule for all guard posts that lists the name of each previously approved guard to be assigned to each post and for each shift. The Contractor shall provide the COR a copy of the Weekly Guard Post Schedule for all employees by 12:00 noon of the last day of the workweek for the upcoming work week. The Weekly Guard Post Schedule shall show the post number and location, the name of the guard assigned (approved by the COR), and the shift assigned in terms of hours of the day. The Contractor shall give a copy of this schedule to the COR and each Contractor employee affected. The Contractor shall provide updates to the schedule within 24 hours of any unanticipated changes made to the schedule and include the names of the relief guards on the schedule. The Contractor shall notify the COR three days before any change of a permanent guard (specific individual) to a post.

C.3.1.1

GUARD DUTY HOUR LIMITS. No Contractor personnel shall be on duty for more than 12 consecutive hours in a 24 hour period except under conditions of emergency, as authorized by the Contracting Officer or the COR.

C.3.1.2

RELIEF GUARDS. The Contractor shall provide the security personnel at the Exhibit A posts with COR approved, fully trained and qualified (See Section H), relief personnel to allow for comfort, personal needs, stress, meals, or other required or requested absences from the assigned post. Relief personnel shall be at the same category of labor as specified on Exhibit A. The Contractor shall provide this relief service to the Government at no additional charge. (See H.5.3.) Relief personnel are not required for: Guard Force Commander and Surveillance Detection guards and supervisor.

C.3.1.3

ORGANIZATION CHART. Within ten days after the effective date of this contract, the Contractor shall provide in writing to the COR an organizational chart to include the names of supervisors, shift organization for each post, and the number and names of guard force employees.

C.3.2

SUPERVISION.

The Contractor shall provide adequate on‑site supervision of employees at all times that a post is manned. A Contractor provided supervisor shall inspect each post during daylight hours at least twice and three times during night hours. This inspection shall assure that:

· The post is properly manned;

· 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 inspection for proper uniform, review of current security problems, special instructions, and training, unless waived by the COR. The time required for this muster is in addition to that required to provide a timely relief for guards on post. The Contractor shall provide this muster at no additional charge.

SECTION D

PACKAGING AND MARKING

RESERVED

SECTION E

INSPECTION AND ACCEPTANCE

E.1

52.252‑2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Go to the Internet at:

http://acquisition.gov/far/index.html or, http://farsite.hill.af.mil/search.htm

These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Dept. of State Acquisition Website at http://www.statebuy.state.gov/ to see the link to the FAR. You may also use an Internet “search engine” (e.g., Yahoo, Excite, Alta Vista, etc.) to obtain the latest location of the most current FAR.

FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)

E.2 The following clause applies for services provided at a fixed monthly rate (such as vehicles and communications equipment, if included in Section B) required to be provided by the Contractor.

52.246‑4

INS…