MBABANE SOLICIT.DOC

SOLIC # S-WZ600-08-R-0504- 03/27/2008

UNDER DPAS (15 CFR 350)

1 | 130

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

3. SOLICITATION NO.

S-WZ600-08-R-0504

4. TYPE OF SOLICITATION

[ ] SEALED BID (IFB)

[x] NEGOTIATED (RFP)

5. DATE ISSUED

April 11, 2008

6. REQUISITION/PURCHASE NO.

7. ISSUED BY CODE

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

American Embassy

P.O. BOX 199

MBABANE

Phone: (268) 404-3177 Fax: (268) 404-3323

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

SOLICITATION

9. Sealed offers in original and (see L.1.2) copies for furnishing the supplies or services in the Schedule will be received at the place specified, in the depository located in (see block 7) until 12:00 noon local time on June 16, 2008.

(hour)

(date)

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

loha@state.gov

11. TABLE OF CONTENTS

OTHER STATEMENTS OF OFFERORS

OFFER (Must be fully completed by offeror)

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

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (120 calendar days unless a different period is inserted 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 PRICESB.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 Emalangeni.

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 applicable to this contract and shall not be included in the rates for Standard Services, Additional or Emergency Services, Vehicles, or in the estimated amount for Materials.

B.2.10 CENTRAL ALARM MONITORING SYSTEM (CAMS)The contractor shall provide the Central Monitoring Station (see C.1.8.2). The monthly fixed rate shall include all costs associated with CAMS equipment operations, including but not limited to the monitoring of alarms installed at all residences/USG facilities leased or owned by Post, all alarm monitoring station equipment, routine maintenance, service calls, system programming training and routine consultation services including all tools and transportation required for installation and maintenance of CAMS, complete system start up to include activation, and required testing system operability of all system components under the performance of this contract . (See Section C.1.8, Exhibits D and E.) The Government will provide the alarms, components and hardware (see C.1.8.3) to install the alarms.

B.2.11 ADDITIONAL INSTALLATION OF NEW CAMS/ALARMS: Costs for new CAMS installations shall be reflected as a separate line item under B.3.4.3, B.4.1.4.3, B.4.2.4.3, B.4.3.4.3, and B.4.4.4.4. Individual delivery orders shall be issued for the period of performance of new CAMS installation services. The alarm hardware is Government Furnished Property (GFP) see Exhibit E. Installation time period is within 48 hours of written notification.

B.2.12 ALARM REMOVAL

Cost for removal of a residential/USG facility alarm shall be reflected as a separate line item under B.3.4.4, B.4.1.4.4, B.4.2.4.4, B.4.3.4.4, and B.4.4.4.4. Individual delivery orders shall be issued for the removal of CAMS residential/USG facility alarms. Upon completion of the removal of the alarm, if the alarm is serviceable, it shall be included in the Government’s inventory as a serviceable unit and/or components. If the alarm and/or components are deemed unserviceable, they shall be disposed of with CO approval and according to Section I. Exhibit E shall be modified accordingly. The removal time period is within 48 hours of written notification. 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

212,641

Guard Driver

4,380

Senior Guard

43,915

SD Specialist

12,140

SD Supervisor

3,038

LG Supervisor

8,760

TOTAL

284,874

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**

10,630

Guard/Driver

Senior guard

1,930

Subtotal

13,220

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 x of months

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:

rate of months

B.3.4.1 SURVEILLANCE DETECTION EQUIPMENT. The firm fixed-price for all Surveillance Detection equipment necessary for performance of this contract, as described in C.1.6 is:

of months

B.3.4.2 CENTRAL ALARM MONITORING SYSTEM (CAMS): The firm fixed-price for all Base Station Monitoring equipment and maintenance necessary for the performance of this contract, as described in C.1.8.

Number of Months

Total Price

___ 12___

Item Item Description

Estimated

No.

Quantity

Transmitter installation, start-up, testing, and maintenance of the estimated quantity of existing contractor-provided

CAMS transmitters

Installation of transmitters, activation and start-up and testing of existing/used transmitters

Installation of contractor-provided transmitters, activation and start-up and testing of new transmitters

Removal of transmitters

Estimated Sub-total for Base Year

B.3.5 Materials or equipment reimbursed for additional or emergency services shall not exceed (see B.2.6): E7,000.00

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

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.3.4.2 CAMS EQUIPMENT

B.3.5 REIMBURSABLE MATERIALS/EQUIPMENT

B.3.6 DEFENSE BASE ACT INSURANCE

SUBTOTAL

TOTAL CEILING PRICE FOR BASE PERIOD:

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

B.4

OPTION YEARS: LEVELS OF EFFORT AND PRICING.

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

B.4.1.1 STANDARD SERVICES. (See Section C and Exhibit A.) The Contractor shall provide the guard service shown below for the first option year of the contract. The fixed hourly rate, estimated number of hours, and ceiling for each category are:

Labor Categories Hourly of Hours*

B.4.1.2

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

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

Labor Categories Hourly of Hours**

B.4.1.3

VEHICLES. 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.4.1.4.2 CENTRAL ALARM MONITORING SYSTEM (CAMS): The firm fixed-price for all Base Station Monitoring equipment and maintenance necessary for the performance of this contract, as described in C.1.8.

Installation of contractor-provided

B.4.1.5

Materials or equipment reimbursed for additional or emergency services shall not exceed (see B.2.6): E7,000.00 B.4.1.6

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

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.4.1.4.1 SD EQUIPMENT

B.4.1.4.2 CAMS 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*

B.4.2.2

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

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

Labor Categories Hourly of Hours**

B.4.2.3

VEHICLES. 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.4.2.4.2 CENTRAL ALARM MONITORING SYSTEM (CAMS): The firm fixed-price for all Base Station Monitoring equipment and maintenance necessary for the performance of this contract, as described in C.1.8.

Installation of contractor-provided

B.4.2.5

Materials or equipment reimbursed for additional or emergency services shall not exceed (see B.2.6): E7,000.00 B.4.2.6 DEFENSE BASE ACT (DBA) INSURANCE. The Government will reimburse the Contractor for DBA insurance. The total estimated cost of this insurance is:

B.4.2.7 CONTRACT PRICE. The total ceiling price for the second option year of this contract is:

B.4.2.1 STANDARD SERVICES

B.4.2.2 ADDITIONAL OR EMERGENCY SERVICES

B.4.2.3 VEHICLES

B.4.2.3.1 SD VEHICLES

B.4.2.4 RADIO NETWORK EQUIPMENT

B.4.2.4.1 SD EQUIPMENT

B.4.2.4.2 CAMS 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*

B.4.3.2

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

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

Labor Categories Hourly of Hours**

B.4.3.3

VEHICLES. 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.4.3.4.2 CENTRAL ALARM MONITORING SYSTEM (CAMS): The firm fixed-price for all Base Station Monitoring equipment and maintenance necessary for the performance of this contract, as described in C.1.8.

Installation of contractor-provided

B.4.3.5

Materials or equipment reimbursed for additional or emergency services shall not exceed (see B.2.6): E7,000.00 B.4.3.6

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

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.4.3.4.1 SD EQUIPMENT

B.4.3.4.2 CAMS 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*

B.4.4.2

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

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

Labor Categories Hourly of Hours**

B.4.4.3

VEHICLES. 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.4.4.4.2 CENTRAL ALARM MONITORING SYSTEM (CAMS): The firm fixed-price for all Base Station Monitoring equipment and maintenance necessary for the performance of this contract, as described in C.1.8.

Installation of contractor-provided

B.4.4.5

Materials or equipment reimbursed for additional or emergency services shall not exceed (see B.2.6): E7,000.00

B.4.4.6

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

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.4.4.4.1 SD EQUIPMENT

B.4.4.4.2 CAMS 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: __________.

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 Swaziland. 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:

(1) The calculation of the amount of adjustment requested; and,

(2) Documentation that identifies and provides the appropriate portions of the text of the particular law from which the request is derived.

(d) In order to establish the change between the requested adjusted rate and the original rate, the contractor shall support the appropriate data and composition of the original rate and the requested adjusted rate. This shall include details regarding specific hourly rates paid to individual employees. For contracts paid in U.S. dollars, the contractor's request for price adjustment shall present data reflecting:

(1) The exchange rate in effect on the date of the contractor's proposal that was accepted for the basic contract; and

(2) The current exchange rate and its effect on payment of workers in local currency.

The allowable adjustment shall be limited to the extent to which increases in direct service labor costs due to host country law changes are not offset by exchange rate gains.

(e) Only direct cost changes mandated by enacted laws shall be considered for adjustment under this contract. Changes for purposes of maintaining parity of pay between employees at the minimum mandated levels and employees already paid at levels above the newly mandated minimums shall not be considered. Therefore, if the contractor elects to increase payments to employees who are already being paid at or above the mandated amounts, such increased costs shall be borne solely by the contractor and shall not be justification for an increase in the hourly and monthly rates under this contract.

(f) Any request for adjustment shall be presented by signature of an officer or general partner of the contractor having overall responsibility for the conduct of the contractor's affairs.

(g) No adjustment shall be made to the contract price that relates to any indirect, overhead, or fixed costs, profit or fee. Only the changes in direct service labor wages (and any benefits based directly on wages) shall be considered by the U.S. Government as basis for contract price changes.

(h) No request by the contractor for an adjustment under this clause shall be allowed if asserted after final payment has been made under this contract.

(i) This clause shall only apply to laws enacted by the Swaziland 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 Mbabane needs a secure environment to conduct its mission. The Embassy 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, terrorist acts against all U.S. assets, and to 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.

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.

The contractor shall designate a PROJECT MANAGER that will the primary point of contact between the COR and the contractor. The Project Manager will be required to work closing with the COR to receive specific instructions on guard duties or any change orders. At a minimum, the Project Manager will have the following qualifications.

· Fluency in English and Siswati

· Completion of secondary school (or equivalent).

· A minimum of five years police, similar military, or local guard force management experience. Desirable qualifications include university, police academy, or technical specialist training, prior guard-force management, with at least half of guard work experience being at senior supervisory or command levels.

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) Local Guard Supervisor; (4) Shift Supervisor; and (5) their deputies.

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

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

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

· Conducting inspections of guards and guard posts;

· Investigating irregularities;

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

· Overseeing the training program to insure effectiveness;

· Overseeing guard program logistics including, e.g., explosive detection, x-ray and GEMS equipment;

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

C.1.2.1.1

SURVEILLANCE DETECTION (SD)SUPERVISOR

DEFINITION - A contractor’s employee whose duty is to command and supervise the SD Specialists. The SD supervisor and specialist will be located in an embassy provided office separate from the Embassy compound.

MAJOR DUTIES AND RESPONSIBILITIES - The SD Supervisor will possess an English language proficiency at a level 3 (good working knowledge). The Surveillance Detection Supervisor may be responsible for:

· Supervising a shift of SD Specialists.

· Reviewing reports from SD Specialists for completeness and accuracy.

· Conducting advance security surveillance operations as delegated by the RSO or his/her designee.

· Deployment of SD Specialists and weekly scheduling.

· Conducting inspections, investigates irregularities.

· Making recommendations regarding discipline and termination actions.

· The SD Supervisor must be computer literate and be able to properly use electronic equipment such as digital and video cameras.

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, or bodyguard details.

· 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 (i.e. operation of a Walk Thru Metal Detector or other security related equipment) 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 possess an English language proficiency at no less than a level 2 (limited knowledge), valid driver’s license, and be able to operate all special equipment after relevant training. The SD Specialist will be able to write in English (see Section H and Exhibit A). SD Specialist duties may be that of:

· Maintaining a communication link between SD Supervisors and other SD team members.

· Conducting surveillance detection operations within an assigned area as directed by supervisory security personnel.

· Identifying suspicious activity or possible surveillance and gathering information in order to make a preliminary analysis of its significance.

· Reporting findings to the responsible supervisory security personnel.

· Initiating emergency responses as necessary to protect life and property.

· The SD Specialist must be computer literate and be able to properly use electronic equipment such as digital and video cameras.

The SD Specialist will be able to write in English (see Section H and Exhibit A) 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,

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

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

· Operating 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:

· Observing a specific area for suspicious persons, vehicles, and activities.

· Recording and reporting observations.

· Questioning persons.

· Calling for police support.

· Responding to calls for assistance.

· Demonstrating 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.

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 a 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 Siswati. 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, put on Post within 72 hours 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.1.5.1.1The 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

· The ability to create and print 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.

Guard 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. Guards that are assigned to posts with 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.

· 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, a 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 a weekly, monthly or annual basis. The software system shall have the flexibility to develop custom reports and modify standard report formats.

C.1.5.1.3 The Contractor shall provide a complete GEMS report weekly which shall include the system and reporting software, hand-held data collection devices, data points such as bar code labels, data strips, touch tags or electronic buttons, 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 persons or vehicular entry into areas designated by the Security Office as controlled areas. The Contractor shall report all serious or unexpected incidents to the RSO.

C.1.5.2.1 ENTRY CONTROL AT OFFICE BUILDINGS. The Guards 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 RSO, PSO or FSNI,, 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 Guards 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 Guards shall examine all Government, commercial, and visitor vehicles entering a secured office premises. Guards shall check vehicle passengers for proper identification and the vehicle for suspected bombs and suspicious packages, following Exhibit B. Guards shall admit only authorized vehicles. The Guards 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 Guards 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 COR 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 United States Government (USG) facilities. Approximately 15 buildings, located around Mbabane, are to be patrolled by the mobile unit. A minimum of one mobile patrol unit is required. The mobile patrol shall operate 12 hours per day, 7 days per week from the hours of 1800-0600. Scheduling for the patrol shall be varied constantly to prohibit anticipation of 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 continuous 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 radio dispatcher. The base stations shall be located in a contractor furnished facility.

The contractor shall be responsible for obtaining the necessary radio frequency for operation of its radio equipment. Due to the laws of the Government of the Kingdom of Swaziland, the contractor is responsible for obtaining any operable UHF or VHF frequency. 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. (See Note # 2) The Contractor shall verify through the COR that the proposed equipment for the Local Guard Force Radio Network will not interfere with the communications equipment and operations of the Embassy.

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

The requirement for interoperability between the LGF radio network and the Emergency Action Plan (EAP) network shall be determined by the RSO and coordinated with the Contractor. The contractor shall authorize the Regional Security Officer (RSO) and the Foreign Service National Investigator (FSNI) to monitor and transmit on the Local Guard Frequency. The frequency used must comply with standard UHF / VHF frequencies. Radios for the COR and FSNI shall be supplied by the USG.

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). RESERVED

C.1.6

SURVEILLANCE DETECTION (SD) OPERATIONS

The contractor shall provide SD operations as part of this contract, consisting of the following requirements. SD Operations are overt and are not to be considered as a replacement for ongoing efforts; they will only supplement activities already in place. SD operations are intended to be an early warning mechanism to detect rather than protect.