AmendmentA002.doc

PAGE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

PAGE OF PAGES

2. AMENDMENT/MODIFICATION NO.

A002

3. EFFECTIVE DATE

October 21, 2008

4. REQUISITION/PURCHASE REQ. NO.

5. PROJECT NO. (If applicable)

6.

ISSUED BY

CODE

7. ADMINISTERED BY (If other than Item 6) CODE

American Embassy

Avenida Andres Bello 2800, Las Condes

Santiago, Chile

56-2-330-3000 General Services Officer

8.

NAME AND ADDRESS OF CONTRACTOR (NO., street,city,county,State,and ZIP Code)

9a. AMENDMENT OF SOLICITATION NO.

S-CI-800-08-R-0002

9b. DATED (SEE ITEM 11)

July 15, 2008

10a. MODIFICATION OF CONTRACT/ORDER NO.

10b. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

[ X ] The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

[ ] is extended, [ X] 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 __2__ 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 APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

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

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.

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

The purpose of this amendment is to incorporate the Questions and Answers and provide updated Sections B, L, and I, along with Exhibits A and B. The completely conformed solicitation is attached.

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

16A. NAME OF CONTRACTING OFFICER

Therman Campbell

15B. NAME OF CONTRACTOR/OFFEROR

BY

(Signature of person authorized to sign)

BY

(Signature of Contracting Officer)

16C.DATE SIGNED

SF30

Questions and Answers

1.

Q – We are a Chilean company, can we choose to budget in Chilean Currency?

A –Yes

2.

Q – The Severance pay for the employees must be 100% guarantee if they are fired for any cause?

A –Please see the following clause.

H.7.3 EMPLOYEE SALARY BENEFITS. The Government shall have no responsibility or liability for payment of any wages or benefits to Contractor's employees, including those associated with severance pay as defined by local law. The Government, its agencies, agents, and employees shall not be part of any legal action or obligation regarding these benefits, which may subsequently arise. Where local law requires bonuses, specific minimum wage levels, and premium pay for holidays, payments for social security, pensions, severance pay, sick or health benefits, childcare or any other benefit, the Contractor is responsible for these payments. The rates/prices in Section B shall include all such costs.

3.

Q – The prices that you actually pay are without the VAT?

A – VAT is a separate line item in the Section B., to be paid by the U.S. Government. The contractor will include the VAT amount on the invoice as a percentage of the total price invoiced.

4.

Q – B.3.2. The emergency service rates will be asked with a minimal post duration of 7.5 hour per post. In the eventually that they have to work overtime the maximum amount of hours will be two hours?

A – The contractor needs to be prepared to provide services for the hours annotated on the Exhibit A while adhering to local labor laws. Additional and Emergency (A&E) services are used to cover increased workload or temporary needs. These A&E hours are limited to the maximum amount noted over the course of the period of performance, at the discretion of the Contracting Officers’ Representative.

5.

Q – We must assume that the column Hours Number is for a 12 month period?

A – If this question refers to section B, pricing, then YES, the Number of Hours is over a 12-month period either during the base or option years.

6.

Q – B.3.3. You mention that the drivers has to be free of infraction on the last 5 years, is respect any infraction or only the serious one?

A – Change the last sentence to read “All operators shall have maintained an operating record with out significant traffic violations or accidents during the preceding 5 years.”

7.

Q – H 7.5 The insurance are 500.000 U.S. dollars or Chilean $?

A – U.S. Dollars.

8.

Q – H.13 What is the maximum year of olderness that the vehicles are allowed?

A – The contractor is expected to procure new vehicles in support of the contract upon award and when the COR determines that the vehicle(s) are mechanically in unsound condition.

9.

Q – C1.1. The Project Manager has to be full dedicated to this contract?

A – Refer to C.1.1.1 “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….”

10.

Q – Is there any possibility to hire the current personal that Works with the contractor?

A – Refer to I.3.3 The Right of First Refusal that was incorporated into the newly updated Employment Section I.

11.

Q – Who provides the equipment to check vehicles like the under mirrors?

A –The USG will provide security mirrors to check under vehicles. Refer to Exhibit E.

12.

Q – C.1.5.1 Who takes care of the maintenance of the CCTV equipment?

A – Refer to C.1.5.10., CCTV is not currently included in this contract. In the event that this is added at a later date, all CCTV equipment would be Government Furnished Equipment. The USG would maintain all said equipment.

13.

Q – C.1.5.3 With what additional resources must the escort services shall be done?

A –None. Occasional escort services would be provided under the emergency/additional services clause of this contract.

14.

Q – C.1.5.5 For the patrol services, we have to considered match your equipment?

A – Please refer to Exhibits D and E as they outline what equipment is to be provided by the contractor and what equipment is provided by the U.S. Government.

15.

Q – C.1.5.7 What is the frequency of the vehicle patrol, for the checking of the facilities like warehouses and others?

A – On average the current mobile patrol travels 300 KL per 24 hour period. Requirements have been updated, refer to Amendment A002.

16.

Q – The address of the checking tour will be delivery to us in this period so we can budget well all the cost of fuel and maintenance?

A – For budget purposes refer to question 15’s answer. Address of USG facilities will be delivered upon award of contract.

17.

Q – How many patrols must be considered?

A – One (1) 24/7.

18.

Q – How many people must be in each patrol, the driver and a guard?

A – The mobile patrol consists of one person. That person is a guard with the responsibility of driving the vehicle.

19.

Q – The radio frequency that the radio of the embassy Works is VHF or UHF?

A – VHF

20.

Q – C.1.5.9.3 Can you give us the details of the x-ray and explosive detection machines?

A – Explosives Detection: Itemiser ION Track Instruments; X-Ray: SMITHS, model Hi-Scan 6040i

21.

Q – This equipment must be provided by the contractor or only take care of the maintenance?

A – The USG provides all maintenance for the x-ray and explosive detection equipment. The contractor conducts all daily, weekly and monthly checks on the equipment.

22.

Q – On the vehicles is there a special brand or details of them to help the budget?

A – Three (3) new 4 door, 4x4 vehicles.

23.

Q – On B.3.5 is mention that the material or equipment for emergencies shall not exceed USD 1000, that amount is per month? Per year? For all the facilities?

A – Not to exceed $1,000, USD per period of performance, i.e., base and/or option years.

24.

Q – For well understanding the option years that goes from 1 to 4 is to budget if the contract last for 1 or 2 or 3 or 4 years?

A – The contract consists of a base year and four option years for a total of 5 years.

25.

Q – If the answer to the last question was no, the option year means that you can give different prices to each year?

A – Refer to B.2.2. Standard Services which states what should be included in the hourly rates.

26.

Q – For example if the minimum salary is increased by the government in a higher % that the inflation, that difference could be adjusted to the cost of wage?

A – No. Refer to B.2.2 Standard Services which states what should be included in the hourly rates.

27.

Q – Please confirm that the radio dispatcher is a required position, as it is not included on the Exhibit A.

A – There is no separate radio dispatcher position as referenced in C.1.5.8. The senior guard at post C-7, will perform the duties of maintaining radio communications from the base station at that post.

28.

Q – What is the minimum English language proficiency level (L-2 or L-3) required for Surveillance Detection Supervisors in accordance with this solicitation?

A – L-2.

29.

Q – The cover letter provides in relevant part, “Section M.2 – the compensation plan required in L.1.3.4(b) shall be a factor in determining technical acceptability of a proposal.” However, there is no section L.1.3.4(b) in the solicitation nor a request for the submission of the compensation plan. Please clarify.

A – The requirements have been updated, refer to the A002.

30.

Q – The computation of annual hours does not follow the conventions listed on the bottom of Exhibit A. Please clarify what posts are not required to be manned on holidays.

A – C-1, C-2, C-3, C-4, C-5, C-8, C-9, C-11, C-12, C-13, C-14, W-1 and R-2 do not work on holidays.

31.

Q – Please identify the posts that are required to use GEMS scanners.

A – M-1, C-12, C-13, R-1, R-2, B-1 all use the GEMS scanners.

32.

Q – Exhibit A entitled “Guard Posts and Schedule of Guard Coverage” provides that the hours of coverage for Post C-6 are Monday-Friday 1730-0730 and Post C-7 Saturday & Sunday 0001-2400, yet Exhibit B entitled “American Embassy Santiago Guard Instructions General Orders and Post Orders” provides this same staffing and an additional staffing of Monday-Friday 0001-2400, an apparent conflict between Exhibits A & B with regards to the staffing. There also appear to conflicting directives indicating that this post performs certain responsibilities when not manned. Please clarify.

A – Requirements have been updated, refer to Amendment A002.

33.

Q – Exhibit B entitled “American Embassy Santiago Guard Instructions General Orders and Post Orders” provides for post C-13 (4) “Explosive Detection Equipment and X-ray machinery are government furnished and may include:”. Please clarify required Government-furnished equipment.

A – The equipment itself, and all required logs and maintenance daily, weekly and monthly operator maintenance sheets are provided by the USG.

34.

Q – Exhibit B entitled “American Embassy Santiago Guard Instructions General Orders and Post Orders” provides that post P-1(3).q. “The Mobile Patrol Supervisor upon notification from the guard at C4 will immediately respond to all residences where the CAMS (Central Alarm Monitoring System) show activation. Upon arrival at the scene, the Mobile Patrol Supervisor will provide full details to guard position C-4”. Exhibit B for posts C-4 and C-6/C-7 appear to indicate that CAMS monitoring is done by C-6/C-7. Please clarify.

A – Exhibit B has been changed to reflect the following information: The Mobile Patrol Supervisor upon notification from the guard at Post 4 will immediately respond to all residences where the CAMS (Central Alarm Monitoring System) show activation. Upon arrival at the scene, the Mobile Patrol Supervisor will provide full details to guard position Post 4.

Requirements have been updated, refer to Amendment A002.

35.

Q – Exhibit B entitled “American Embassy Santiago Guard Instructions General Orders and Post Orders” provides for post P-1 indicates staffing is Mon-Sun 1200-2400/Mon-Sun 2000-0800. Exhibit A shows this post as being 0001-2400. While the total hours remain the same, the actual hours of coverage differ (in Exhibit B this post is not covered from 0800-1200 and has double coverage from 2000-2400). Please correct and/or clarify the discrepancies in Exhibit A and Exhibit B.

A – Requirements have been updated, refer to Amendment A002.

36.

Q – Exhibit B entitled “American Embassy Santiago Guard Instructions General Orders and Post Orders” provides for post M-2 “Guard Force Commander”, yet several of the Specific Duties use the title Chief of Guards, including Specific Duties (e) which states that the Chief of Guards will maintain radio contact with the Local Guard Commander. Later on in Specific Duties (h), the orders state that the Chief of Guards reports infractions to the Shift Supervisor. Please clarify.

A –Requirements have been updated, refer to Amendment A002.

37.

Q – Recognizing that the Contractor cannot subcontract services; can the Contractor subcontractor subcontract services, i.e. vehicles maintenance, uniforms, training, etc?

A – U.S. Embassy Santiago expects a level of service and the means by which a contracting company achieves that end state is a business decision on the part of the contracting company. All subcontractors should be clearly stated in the solicitation response. That said, there will be no subcontracting of primary services.

38.

Q – Will Contractor be required to have a license to do business in Chile for this specific contract?

A – The contractor will have to be licensed to do business in Chile but not specifically for this contract.

39.

Q – Is the scope of services for the current contract (Inter Con) the same as the services anticipated under the new contract?

A – Yes, in general. There are only minor changes in the scope of work such as an increase of one vehicle and reprogramming of one post. Refer to Section C of the solicitation.

40.

Q – Can Government confirm that 3 4x4 vehicles will be required under the new contract?

A – Requirements have been updated, refer to Amendment A002.

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.2.3 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);

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

· Profit.

B.2.4 VEHICLES. The monthly rate shall include all operating costs (see Section H), including, but not limited to fuel, lubricants, oil, routine and special maintenance, care and cleaning, and insurance.

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.

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 VALUE ADDED TAX. Value Added Tax (VAT) is not included in the rates for Standard Services, Additional or Emergency Services, Vehicles, communications equipment, or the estimated amount for Materials. Rather, the Contractor shall include VAT as a separate charge in the monthly invoice. The amount of VAT to be charged is 19%. Local law dictates the portion of the contract price that is subject to VAT; this percentage is multiplied only against that portion. It is reflected for each performance period. The portions of the solicitation subject to VAT are: Standard Services, Additional or Emergency Services, Vehicles, Vehicles – Surveillance Detection, Radio Network Equipment, Surveillance Detection Equipment, and Reimbursable Materials and Equipment.

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

56,968

Senior guard

22,440

SD Specialist

14,000

SD Supervisor

2,000

Supervisor

11,216

Subtotal

106,624

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** Price Guard

2,848

1,122

4,530

B.3.3 VEHICLES. The firm fixed‑price for all vehicles (excluding Surveillance Detection vehicles) necessary for performance of this contract, as described in B.2.4. is:

Monthly

Total rate of months Price

B.3.3.1 VEHICLES – SURVEILLANCE DETECTION. The firm fixed‑price for all SD vehicles necessary for performance of this contract, as described in B.2.4, is:

of months

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:

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): USD $1,000 or its Chilean equivalent.

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: $__________

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.3.2 ADDITIONAL OR EMERGENCY SERVICES

B.3.3 VEHICLES

B.3.3.1 SD VEHICLES

B.3.4 RADIO NETWORK EQUIPMENT

B.3.4.1 SD EQUIPMENT

B.3.5 REIMBURSABLE MATERIALS/EQUIPMENT

$1,000.00_

B.3.6 DEFENSE BASE ACT INSURANCE

SUBTOTAL

VAT*

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* Price Guard

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** Price Guard

1,112

B.4.1.3

VEHICLES. The firm fixed‑price for all vehicles (excluding Surveillance Detection vehicles) necessary for performance of this contract, as described in B.2.4, is:

of months

B.4.1.3.1 VEHICLES – SURVEILLANCE DETECTION. The firm fixed‑price for all SD vehicles necessary for performance of this contract, as described in B.2.4, is:

of months

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): USD $1,000 or its Chilean equivalent.

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: $__________

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 VEHICLES

B.4.1.3.1 SD VEHICLES

B.4.1.4 RADIO NETWORK EQUIPMENT

B.4.1.4 SD EQUIPMENT

B.4.1.5 REIMBURSABLE MATERIALS/EQUIPMENT

B.4.1.6 DEFENSE BASE ACT INSURANCE

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* Price Guard

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** Price Guard

560__

B.4.2.3

VEHICLES. The firm fixed‑price for all vehicles (excluding Surveillance Detection vehicles) necessary for performance of this contract, as described in B.2.4, is:

of months

B.4.2.3.1 VEHICLES – SURVEILLANCE DETECTION. The firm fixed‑price for all SD vehicles necessary for performance of this contract, as described in B.2.4, is:

of months

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): USD $1,000 or its Chilean equivalent.

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 VEHICLES

B.4.2.3.1 SD VEHICLES

B.4.2.4 RADIO NETWORK EQUIPMENT

B.4.2.4 SD EQUIPMENT

B.4.2.5 REIMBURSABLE MATERIALS/EQUIPMENT

B.4.2.6 DEFENSE BASE ACT INSURANCE

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* Price Guard

2,000_

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** Price Guard

B.4.3.3

VEHICLES. The firm fixed‑price for all vehicles (excluding Surveillance Detection vehicles) necessary for performance of this contract, as described in B.2.4., is:

of months

B.4.3.3.1 VEHICLES – SURVEILLANCE DETECTION. The firm fixed‑price for all SD vehicles necessary for performance of this contract, as described in B.2.4, is:

of months

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): USD $1,000 or its Chilean equivalent.

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: $__________

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 VEHICLES

B.4.3.3.1 SD VEHICLES

B.4.3.4 RADIO NETWORK EQUIPMENT

B.4.3.4 SD EQUIPMENT

B.4.3.5 REIMBURSABLE MATERIALS/EQUIPMENT

B.4.3.6 DEFENSE BASE ACT INSURANCE

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* Price Guard

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** Price Guard

B.4.4.3

VEHICLES. The firm fixed‑price for all vehicles (excluding Surveillance Detection vehicles) necessary for performance of this contract, as described in B.2.4, is:

of months

B.4.4.3.1 VEHICLES – SURVEILLANCE DETECTION. The firm fixed‑price for all SD vehicles necessary for performance of this contract, as described in B.2.4, is:

of months

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): USD $1,000 or its Chilean equivalent.

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: $__________

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 VEHICLES

B.4.4.3.1 SD VEHICLES

B.4.4.4 RADIO NETWORK EQUIPMENT

B.4.4.4 SD EQUIPMENT

B.4.4.5 REIMBURSABLE MATERIALS/EQUIPMENT

B.4.4.6 DEFENSE BASE ACT INSURANCE

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 VAT 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 Chilean 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 Chilean 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 Embassy/Consulate in Santiago – Chile 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 has one or more shift supervisors reporting to him/her. The scope and size of the guard services will determine the number of Shift Supervisor positions required. Normally shift supervisor positions are manned 24 hours a day, 7 days a week. The Shift Supervisor’s function shall be to supervise all guard personnel assigned during the shift.

The Guard Force Commander and Shift Supervisors positions are 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;

· Disseminating 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;

· Overseeing guard program logistics including, e.g., explosive detection, x-ray and Guard Electronic Monitoring System (GEMS) equipment;

· Acting as a point of contact with the Regional Security Office (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 Surveillance Detection (SD) Specialists.

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

· Changes to the guard orders

· Supervising Surveillance Detections shifts, reporting to the Foreign Service National (FSN) SD Coordinator and/or Assistant Regional Security Officer (A/RSO),

· Deployment of Specialists and weekly scheduling, ensuring SD team operates discreetly,

· Conducting inspections, investigating irregularities, transmitting reports,

· 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.

DEFINITION - Person who performs guard duties requiring special skills, such as detector operations, including routine operator maintenance, or supervises other guard personnel.

MAJOR DUTIES AND RESPONSIBILITIES – The Senior Guard may be responsible for:

· Supervision of one to three guards at separate sites,

· Supervision of special function teams such as mobile patrol units,

· On-the-job training of subordinates,

· Performing as the Explosive Detector (ED) Operator and may implement ED alarm resolution procedures.

· May also perform duties requiring special skills or increased responsibilities other than supervision.

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 have a valid driver’s license, and be able to operate all special equipment after relevant training. SD Specialist duties may be that of:

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

· Operations clerk performing administrative operations for the SD unit,

· Performing surveillance detection functions at/near United States Government (USG) installations in Santiago and other facilities/events/activities designated by the RSO,

· Reporting suspicious activity as required.

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.

DEFINITION - Person who performs driver and guard duties as part of a mobile patrol unit.

MAJOR DUTIES AND RESPONSIBILITIES. The Guard-Driver may be responsible for:

· Observation in a specific area for suspicious persons, vehicles, and activities,

· Recording and reporting observations,

· Questioning persons,

· Calls for police support,

· Response to calls for assistance,

· Demonstrates competent driving skills under normal and high stress circumstances.

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” 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 is responsible for having the General and Post Orders translated into Spanish. The Contractor shall maintain a copy of both the English and translated General Orders and Post orders at each post. The Contractor shall insure that all updates and revisions to the General and Post Orders are translated and 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.

C.1.5.1.1 The Contractor shall use a Guard Electronic Monitoring System (GEMS) for monitoring and quality control of guard services.

The system will have the following general characteristics:

· Utilize a portable hand-held data collection device that scans designated data points, the scanner may use a variety of technologies including bar code strips, electronic data strips, touch tags or electronic buttons;

· The ability to transfer collected data from the portable device to a computer; and

· Creating and printing computer-generated reports designed to document guard activities and supervisor oversight.

The system shall have an archival capability allowing access to historical information by computer. The integrity of the system shall ensure that information, once collected, cannot be altered or modified. Separate codes will be assigned to individual guards, supervisors, guard posts, and certain defined incidents or events to be contained on an incident card.

Posts with scanner responsibilities are annotated in Exhibit A and the duties described in the Post Orders in Exhibit B. Designated posts will receive a hand-held data collection device at the beginning of a shift. Posts that are assigned scanners shall be responsible for scanning checkpoints at each post along the designated route and completing the required number of visits to each post throughout the daily/nightly tour. During rounds, the user shall report all incidents using the Incident Card and follow up with written reports as necessary.

The Contractor is responsible for:

· Ensuring the correct use of the hand-held data collection device;

· Maintaining the integrity of the system;

· Ensuring that designated individuals scan all check points for the route; and

· Ensuring that data is properly entered into the computer.

The Contractor must obtain COR approval before making software changes/revisions.

C.1.5.1.2 The Contractor shall use data collected in the system to generate reports for use by the COR. At a minimum the Contractor shall prepare and furnish to the COR daily, weekly and monthly reports. The daily report shall include as a minimum:

(1) Incident reports – including the date, time location and type of incident;

(2) Patrol summary - verification of supervisor rounds by checkpoint, time and date;

(3) Exception reports that display, for example, the failure to log checkpoint or complete the route in the allotted time;

The system shall have additional reporting capabilities to include summarizing the daily reports on weekly, monthly or annual basis. The software system shall have flexibility to develop custom reports and modify standard report formats.

C.1.5.1.3 The Contractor shall provide a…