LGPRFP2008.doc

American Embassy Santiago, Chile

July 15, 2008 Solicitation Number S-CI-800-08-R-0002 for Local Guard Services 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 not 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 Embassy in Santiago on August 29, 2008. If you are interested in attending, please notify us after you read the solicitation. Please note than 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.

· Section M.2 – the compensation plan required in L.1.3.4(b) shall be a factor in determining technical acceptability of a proposal.

For your information, the current contractor is Inter-Con Security Systems Inc.

Current hourly rates are as follows:

Guard $2.23;

Senior Guard $2.35;

Surveillance Detection (SD) Specialist $4.60;

Surveillance Detection (SD) Supervisor $5.03;

Supervisor (includes Guard Force Commander) $3.69.

Any questions must be sent to me in writing. Questions may be faxed to 56 (2) 330-3020. The Embassy appreciates your interest in this solicitation.

Sincerely, \\S\\ Therman Campbell Contracting Officer Signature

UNDER DPAS (15 CFR 350)

1 |

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

3. SOLICITATION NO.

S-CI800-08-R-0002

4. TYPE OF SOLICITATION

[ ] SEALED BID (IFB)

[x] NEGOTIATED (RFP)

5. DATE ISSUED

July 15, 2008

6. REQUISITION/PURCHASE NO.

7. ISSUED BY CODE

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

American Embassy

Avenida Andres Bello 2800

Santiago Chile Phone: 56 (2) 330-3451 Fax: 56 (2) 330-3020

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

SOLICITATION

9. Sealed offers in original and (See Section L.1.2) copies for furnishing the supplies or services in the Schedule will be received by the Receptionist at the American Embassy Santiago until 3:00 PM, local time, on September 30, 2008.

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

Therman Campbell

B. TELEPHONE (NO COLLECT CALLS) AREA CODE NUMBER EXT

56 (2) 330-3451

C. E-MAIL ADDRESS

CampbellTC2@state.gov

11. TABLE OF CONTENTS

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACH.

PART IV - REPRESENTATIONS AND INSTRUCTIONS

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.2.3 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

50,840

Senior guard

26,112

SD Specialist

14,000

SD Supervisor

2,000

Supervisor

11,216

Subtotal

104,168

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

2,500

1,300

4,375

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

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

575__

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 complete GEMS which shall include the system and reporting software, hand-held data collection devices, data points, batteries or recharging stations, computer, printer. The Contractor shall provide training to the employees who will be using the system, see H.5.4.4. The Contractor shall be responsible for the maintenance, replacement and support of the system to ensure continuous operation.

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

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 suspected packages, following Exhibit B. Guards shall admit only those authorized vehicles. The Contractor shall keep logs on vehicles permitted access to secure premises.

C.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. Guards shall inspect residence perimeters. Guards shall endeavor to detect and prevent fires in residences. In the event of fire, guards shall summon the Fire Department and assist in evacuation of residents. Guards shall report to the local police and the RSO any suspicious vehicles or persons near the residence.

C.1.5.7 VEHICLE MOBILE PATROL

C.1.5.7.1 The Contractor shall provide vehicle mobile patrol services for residential and warehouse facilities. Approximately 77 USG residences in Santiago are a mix of single family homes and apartments which receive mobile patrol services, as does the Embassy Compound, the Ambassador’s residence in central Santiago, the Marine residence, the Deputy Chief of Mission (DCM) residence, and the General Security Officer (GSO) warehouse. Buildings located in sectors utilized by the Embassy are to be patrolled by the mobile units. Mobile patrol units are needed in accordance with government needs as reflected in Exhibit A. Scheduling for the patrol shall be varied constantly to prohibit anticipating its route. (See Exhibit B for a list of the specific tasks of each mobile, roving patrol unit, including record keeping, at each checkpoint. See Exhibit A for identification of members of the vehicle mobile patrol.)

C.1.5.7.2. The Contractor shall provide and maintain vehicles and equipment for the mobile patrol (see Section H). The Contractor shall provide a sufficient number of vehicles to assure continued availability of vehicles (see Exhibit D).

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 communication system shall include a base station and dedicated radio dispatcher. The base stations shall be located in a Government furnished facility (see Exhibit E).

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. 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 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). Note: At this time there are no CCTV posts, however, it is under consideration as a future requirement.

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 RSO.

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