191T7018R0002.doc

SECTION A

SF-1442 – COVER PAGE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1

SCOPE OF SERVICES

The Contractor shall provide personnel, supplies and equipment for all make-ready services for US Government owned and leased properties for the US Tri-Mission in Rome, Italy as described in Sections B and C of this contract, and the exhibits in Section J.

B.2

TYPE OF CONTRACT

This is an indefinite-delivery, indefinite-quantity type contract for make-ready. The Contractor shall furnish services according to task orders issued by the Contracting Officer. Oral task orders may be necessary for emergencies, however, they shall be issued in writing within three days after issuance of the oral instructions. The task orders shall specify the location and type of work requested (see Section B.4) The contract will be for a one-year period from the date of the contract award, with 4 (four) one-year options. For each effective year of the contract, the U.S. Government guarantees a minimum order of Euro 500.00 worth of services. The maximum amount of services ordered under each year of the contract will not exceed Euro 80,000.00 worth of services.

B.3

PRICES/COSTS

The prices will include all work, including furnishing all labor, materials, equipment and services, unless otherwise specified in Section B. The prices listed below shall include all labor, materials, direct and indirect costs, insurance (see FAR 52.228-4 and 52.228-5), overhead, and profit.

B.3.1 VALUE ADDED TAX

The Government will not reimburse the Contractor for VAT under this contract. The Contractor shall not include a line for VAT on Invoices as the U.S. Embassy has a tax exemption certificate with the host government.

B.3.2

CURRENCY

All prices shall be in Euro.

B.3.3 BASE YEAR PRICES (starting on the date stated in the Notice to Proceed and continuing for a period of 12 months):

Euro

Base Year Total:

B.3.4

FIRST OPTION YEAR PRICES:

Euro

First Option Year Total:

B.3.5

SECOND OPTION YEAR PRICES:

Euro

Second Option Year Total:

B.3.6

THIRD OPTION YEAR PRICES:

Euro

Third Option Year Total:

B.3.7

FOURTH OPION YEAR PRICES:

Euro

Fourth Option Year Total:

B.3.8

GRAND TOTAL PRICE FOR BASE YEAR PLUS FOUR OPTION

YEARS

Base Year Total:

First Option Year Total:

Second Option Year Total:

Third Option Year Total:

Fourth Option Year Total:

Grand Total Price for all Years:

B.4 ORDERING - The Government shall issue task orders for ordering all services under this contract. Task orders may be issued from the effective date of the contract until the end of the "Period of Performance." All task orders are subject to the terms and conditions of this contract. This contract shall take precedence in the event of conflict with any task order.

B.4.1 ISSUANCE OF TASK ORDERS - The Contracting Officer may issue task orders orally but will be confirm them in writing within three days.

B.4.2 SURVEY OF PROPERTY - Before performing work, the Contractor shall survey the property and verify the work required against the task, to determine if any discrepancies exist. The Contractor shall be responsible for any errors that might have been avoided by such a survey/review. The Contractor shall immediately report any discrepancies to the COR or the Contracting Officer and shall not begin work until such matters are resolved.

B.4.3 CONTENTS OF TASK ORDERS - The Contracting Officer shall issue task orders for make-ready services on an as-needed basis. Task orders shall include:

(a) Date of order

(b) Contract number

(c) Order number

(d) Location of property

(e) Amount of work (square meters or linear meters)

(f) Point of contact for questions

B.4.4 COMPLETION DATE – The Contractor shall complete all services on individual housing units within fortheen (14) days of receipt of a task order, unless otherwise agreed by the COR and the Contractor. The time period specified above shall not begin until the Contractor is afforded reasonable access to the work site.

The time period specified above may be shortened if mutually agreed to by the contractor and the Government.

The completion date is fixed and may be extended only by a written modification signed by the Contracting Officer.

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1

INTRODUCTION

C.1.1 GENERAL - The American Embassy in Rome requires a make-ready service contractor to perform task orders on US Government owned and leased properties for the US Tri-Mission Rome. The Contractor shall furnish managerial, administrative and direct operational personnel to accomplish all work as required.

C.1.2 ENGLISH SPEAKING REPRESENTATIVE - The Contractor shall designate an English speaking representative who shall supervise the Contractor's workforce and be the Contractor's liaison with the Government.

C.1.3.

PERSONNEL - The Contractor shall be responsible for providing qualified technicians for each trade with relevant experience to perform make-ready services for task orders issued under this contract. Helper positions do not need to meet the experience requirement.

C.1.4 DEFINITIONS (see also FAR clause 52.202-1, Alt. 1 [APR 1994], cited in I.1)

Make-ready Services – Preparation of residential units for occupancy, including all items in this contract.

HVAC - Heating Ventilation and Air Conditioning.

C.2 PROPERTY SURVEY - The COR and the Contractor shall perform a survey to each property prior to assign it to any make-ready service. The survey shall consist on inspecting carpets, walls, furnishing and the general condition of the property. Any pointed out deficiency shall be reported by the COR into the Inspection Worksheet and submit it for approval to the Contractor.

At the completion of the survey, the Contractor shall submit for approval to the COR a cost proposal (see Section J, Exhibit 4) for each make ready tasks needed to be performed in each apartment. The COR shall review and submit it for approval to the Contracting Officer, followed by the issue of a task order. Once approved, copy of T.O. shall be provided to the Contractor.

The Contractor shall under no circumstances begin any make-ready operations in any property until the survey is completed and a task order issued and received.

At the completion of work, and before acceptance, the COR shall perform a final inspection to the property. The Contractor shall be responsible of any damage to the property which was not included in the Inspection Worksheet.

C.2.1

TILES AND WOODEN FLOOR INSTALLATION

C. 2.1.1 DEMOLITION - The Contractor shall be responsible for the move in other adjacent room of any furniture, appliances and any other items present in the rooms/areas that will be affected by the work. All furniture should be covered and protected to avoid damages and prevent dust.

The Contractor shall remove the baseboard and the existing floor, including the mortar bed underneath for a thickness of approximately 5 cm.

Any debris shall be transported and disposed to the public dump.

C. 2.1.2 FLOOR PREPARATION - After the removal is completed, the Contractor shall proceed with the preparation of the floor surface to allow the installation of ceramic or wooden tiles.

The floor preparation shall consist in the preparation of a mortar bed of a thickness of maximum 80 mm., in order to have a uniform appearance throughout the entire floor.

A pre-mixed material shall be used for the preparation of the mortar bed.

C.2.1.3 CERAMIC TILE INSTALLATION -After the preparation of the floor surface, the Contractor shall proceed with the supply and the installation of ceramic tiles. Tiles should be of a maximum of 1 cm thickness, and with a dimension of a size of 30x30cm, or alternatively of a size of 30x60 cm. Sampling shall be submitted prior the installation to the COR for approval.

The supply and installation ceramic baseboard shall be of the same tiles refinishing.

The installation of ceramic tiles shall be performed in a quality manner.

The tile surfaces shall be leveled among each other. Tile trimming shall be performed in such way that partial tile sections are to be installed at edge areas of the floor, while full tiles are to be used to the maximum extent possible.

The Contractor shall complete the installation by refinishing and touching-up the walls above the baseboard.

During final inspection, a poor quality installation, such as uneven surfaces, uneven mortar joint thickness, tile or mortar joint cracks resulting from settling, and any other faults found as consequence of inadequate work shall be at the Contractor responsibility to be fixed.

C.2.1.4 WOODEN FLOOR INSTALLATION - After the preparation of the floor surface, the Contractor shall proceed with the supply and the installation of wooden tiles. Tiles should be of a maximum of 15 mm thickness, and dimensions of 30x5cm. Sampling shall be submitted prior the installation to the COR for approval.

The supply and installation pre-finished wooden baseboard of 10cm high shall be of the same tiles refinishing.

The installation of wooden tiles shall be performed in a quality manner.

The Contractor shall complete the installation by sealing and polishing the floor with Polureitane warnish

C.2.1.5 WOODEN FLOOR REFINISHING – The Contractor shall smooth the wooden floors with a planning machine. The sanding and polishing shall be done with Polureritane warnish; the dusting and plastering with high resistance, classic putty; and varnishing with a bright polyurethane bi-component paint and three coats of synthetic resins.

C.2.2. MULTITRADE TASKS

C 2.2.1. GENERAL MAINTENANCE CHECK - In order to prepare the residential units for occupancy, the features and appliances installed in each apartment shall be inspected and checked for fully functionality, including plumbing, electrical and HAVC systems. A standard apartment of an average area of 140 sqmt. is usually furnished with the following features and appliances:

Kitchen:

1 Refrigerator

1 Stove with Oven

1 Hood

1 Sink

1 Dishwasher

Laundry

1 Washing machine

1 Dryer N. 3 Bathrooms

N. 3 Split Unit

C.2.2.2. PLUMBING SERVICES

The Contractor shall perform the following plumbing inspection and repairs and use the checklist in Section J, Exhibit 3.

a. Inspecting all plumbing features including:

· pipes, ducts, valves, dampers, fittings, waste water and sewer lines, traps, catch basins, hot water heaters, toilet fixtures, plugs, chains, hoses, down-spouts, and gutters for clogging and loose joints, restrictions, leaks, and other faulty conditions;

b.

Provide routine service such as:

· retightening, caulking, lubricating, and performing minor maintenance services to repair discrepancies noted in the above inspection. Minor maintenance is defined work that will not require more than 24 hours of labor work.

Plumbing services shall meet all industry standards, and shall be conducted in a proper, workman like manner. The Contractor shall use materials of high quality, and shall always submit in advance for approval by the COR all materials planned to be used for each service. The Contractor shall assure that all installed fixture and plumbing connections are water tight, and shall be responsible to replace any Government property damages, as result of Contractor’s negligence in performing the work.

The Contractor shall furnish all supplies and equipment needed for these repairs.

C.2.2.3 ELECTRICAL SERVICES

The Contractor shall perform the following electrical services and use the checklist in Section J, Exhibit 3.

a. Evaluate the operating condition and safety of all systems and equipment, including:

· electrical outlets, switches, wiring, installed appliances, doorbells, intercoms, ceiling fans, light fixtures, water heaters, circuit breakers, fuse boxes and feeder line connections.

b.

Make basic repairs, including:

· resetting circuit breakers or replacing fuses, fixing loose connections, replacing switches, and performing minor maintenance services to repair discrepancies noted in the above inspection. Minor maintenance is defined work that will not require more than 24 hours of labor work.

Electrical work shall meet all industry standards, and shall be conducted in a proper, workman like manner. The Contractor shall use materials of high quality, and shall always submit in advance for approval by the COR all materials planned to be used for each service. Contractor shall assure that all wiring meets proper ampacity limits, as noted in the latest version of the CEI (Comitato Elettrotecnico Italiano). Should the Contractor be unsure of these requirements, he shall inquire the COR for interpretation.

The Contractor shall furnish all supplies and equipment needed for these repairs

C.2.2.4 HVAC SERVICES

The Contractor shall perform the following HVAC services using the checklist in Section J, Exhibit 3.

a. Inspect all HVAC services including:

· Clean supply;

· air diffusers, and inside of duct within 1 linear foot of diffuser.

b.

provide routine services such as:

· retightening, caulking, lubricating, replacing and/or cleaning ducting and diffusers, and performing minor maintenance services to repair discrepancies noted in the above inspection. Minor maintenance is defined as work items which, individually, constitute the expenditure of under 16 man hours labor.

The Contractor shall furnish all supplies and equipment needed for the repairs.

C.2.2.5 CARPENTRY SERVICES

The Contractor shall perform the following carpentry services using the checklist in Section J, Exhibit 3.

a. The contractor shall inspect all:

· wood cabinets, closets, doors, moldings, panels, fixtures, furniture pieces, stairways, including railings, balustrades, treads, risers and nosings, along with all doors in the residence. Also, inspect all toilet paper holders, soap trays, towel racks, shower curtain rods, toilet seats, medicine cabinets, venetian blind brackets, clothing rails, curtain rods, and any other like items.

b.

All necessary minor repairs shall be made to all items listed above, including:

· repairing, adjusting and/or replacing hinges, door rollers, door tracks, latches, closet rods, shelves, moldings and wood panels, cracks and chips, bathroom fixtures, curtain rods and venetian blinds, and caulking and staining repaired areas to match the color of the original wood.

· Minor maintenance is defined work that will not require more than 32 hours of labor work.

· Contractor shall be required to rework doors, both entry or closet type, which do not close easily and smoothly, or possess “spring “ when closed.

Carpentry work shall meet all industry standards, and shall be conducted in a proper, workman like manner. The Contractor shall use materials of high quality, and shall always submit in advance for approval by the COR all materials planned to be used for each service. Contractor shall assure that fasteners used are of the proper for the type of service, and installed in such a way as to allow a minimum of painting preparation work.

C.2.2.6. SPARE PARTS AND MATERIAL

The Contractor shall supply all materials and spare parts necessary to perform make-ready tasks and be reimbursed for the costs upon submission of an invoice and issue of a task order by the Government.

All costs of materials/equipment shall be itemized on the invoice, such as purchase price of material/equipment, cost of transportation and cost of handing. If VAT charges are paid then they must be itemized in each task order. No profit shall be added to this material/equipment.

C.3 MAJOR REPAIRS

The Contractor shall immediately inform the COR or the Embassy Buildings Management Office of major safety problems and the need for major and/or specialized repairs to any part of the serviced area of the residential unit. The Contractor shall also inform the COR of a major problem in the residential unit in a system or area that is not being serviced as well. The Contractor shall be liable for the costs for any damage that occurs as a result of the Contractor’s negligence in its duty to inform the COR. The Contractor shall make efforts to minimize such trouble or damage in systems or areas being serviced until proper corrective action can be taken.

C.4 CONTRACTOR PERSONNEL

All personnel assigned by the Contractor for the performance of the respective services shall be regular employees of the contractor, and shall be supervised by the Contractor. There shall be no employer-employee relationship between the Government and the personnel. Subcontractors may only be employed with the express written consent of the Contracting Officer.

The Contractor's employees shall be on site only for contractual duties and not for any other business or purposes.

Contractor should comply with the directives in force on safety in the workplace by providing proper equipment and training to the workforce personnel involved in the work.

See Section J Exhibit 2 for personnel qualification requirements.

C.5 QUALITY ASSURANCE

The Contractor shall institute an appropriate inspection system including:

a. Develop and maintain checklists of duties to be carried out,

b. Ensure these duties are carried out by the supervisory staff and senior employees, and

c. Perform inspections at all work locations to determine whether the various services are being performed according to the contract requirements.

The Contractor shall provide copies of all inspection reports to the COR.

The Contractor shall promptly correct and improve any shortcomings and/or substandard conditions noted in such inspections. The Contractor shall report to the attention of the Contracting Officer or COR, for disposition, any conditions beyond the responsibility of the contractor.

Damages, which are attributable to the Contractor, shall be noted, and a bill sent to the Contractor for reimbursement of damages.

C.6

INSPECTION BY GOVERNMENT

The services performed and the supplies furnished for this contract will be inspected from time to time by the COR, or his/her authorized representatives, to determine that all work is being performed in a satisfactory manner, and that all supplies are of acceptable quality and standards.

The contractor shall be responsible for any corrective action, within the scope of this contract, which may be required by the Contracting Officer as a result of such inspection.

SECTION D - PACKAGING AND MARKING

RESERVED

SECTION E - INSPECTION AND ACCEPTANCE

E.1

52.252‑2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at: http://acquisition.gov/far/index.html or http://farsite.hill.af.mil/vffara.htm. Please note these addresses are subject to change.

If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Department of State Acquisition website at http://www.statebuy.state.gov/ to access the links to the FAR. You may also use an Internet “search engine” (for example, Google, Yahoo or Excite) to obtain the latest location of the most current FAR.

The following Federal Acquisition Regulation clause(s) is/are incorporated by reference:

CLAUSE

TITLE AND DATE

52.246-4

INSPECTION OF SERVICES - FIXED PRICE (AUG 1996)

52.246-12

INSPECTION OF CONSTRUCTION (AUG 1996)

SECTION F - DELIVERIES OR PERFORMANCE

F.1

52.252‑2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at: http://acquisition.gov/far/index.html or http://farsite.hill.af.mil/vffara.htm. Please note these addresses are subject to change.

If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Department of State Acquisition website at http://www.statebuy.state.gov/ to access the links to the FAR. You may also use an Internet “search engine” (for example, Google, Yahoo or Excite) to obtain the latest location of the most current FAR.

The following Federal Acquisition Regulation clause(s) is/are incorporated by reference:

CLAUSE

TITLE AND DATE

52.242-14

SUSPENSION OF WORK (APR 1984)

52.242-15

STOP-WORK ORDER (AUG 1989)

52.242-17

GOVERNMENT DELAY OF WORK (APR 1984)

52.211-12

LIQUIDATED DAMAGES – CONSTRUCTION (SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, or any extension, the Contractor shall pay liquidated damages to the Government in the amount of Euro 500.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause) F.2 Period of Performance. The performance period of this contract is from the Notice to Proceed and continuing for 12 months, with four, one-year options to renew. The initial period of performance includes any transition period authorized under the contract.

F.3.

DELIVERABLES

The Contractor shall deliver the following items:

F.4

CONTRACTOR'S SUBMISSION OF WORK SCHEDULE FOR TASK ORDERS FOR MAJOR REPAIRS

The time for submission of the schedules and General Instructions referenced in Section I, 52.236-15, "Schedules for Construction Contracts,” Paragraph (a) is modified to reflect the due date for submission as seven calendar days after receipt of an executed contract." The Contractor shall revise such schedules weekly:

(a) to account for the actual progress of the work,

(b) to reflect approved adjustments in the performance schedule, and

(c) as required by the Contracting Officer to achieve coordination with work by the Government and any separate contractors employed by the Government.

The Contractor shall submit a schedule that sequences work to minimize disruption at the job site.

All deliverables shall be in the English language and any system of dimensions (such as English or metric) shown shall be consistent with the contract. If the Contractor has failed to act promptly and responsively in submitting its deliverables, the Government in approving such deliverables shall allow no extension of time for delay. The Contractor shall identify each deliverable as required by the contract.

F.5

ACCEPTANCE OF SCHEDULE

When the Government has accepted any time schedule, it shall be binding on the Contractor. The completion date is fixed and may be extended only by a written modification to the task order signed by the Contracting Officer. Acceptance or approval of any schedule or revision thereof by the Government shall not:

(a) extend the completion date or obligate the Government to do so,

(b) constitute acceptance or approval of any delay, nor

(c) excuse the Contractor from or relieve the Contractor of its obligation to maintain the progress of the work and achieve final completion by the established completion date.

F.6

NOTICE OF DELAY

The Contractor shall notify the Government if the contractor receives a notice of any change in the work, or if any other conditions arise that may cause or are actually causing delays and the Contractor believes may result in completion of the project after the completion date. The notification shall state the effect, if any, of such change or other conditions upon the approved schedule, and shall state in what respects, if any, the relevant schedule or the completion date should be revised. The Contractor shall give such notice promptly, not more than three (3) days following the first occurrence of event giving rise to the delay or prospective delay. The Contractor shall obtain the approval of the Contracting Officer for any revisions to the approved time schedule.

F.7

NOTICE TO PROCEED

(a) Following receipt from the Contractor of acceptable bonds or evidence of insurance within the time specified in Section H of this contract, the Contracting Officer will provide to the Contractor a Notice to Proceed. The Contractor shall then begin work.

(b) It is possible that the Contracting Officer may elect to issue the Notice to Proceed before receipt and acceptance of any bonds or evidence of insurance. Issuance of a Notice to Proceed by the Government before receipt of the required bonds or insurance certificates or policies shall not be a waiver of the requirement to furnish these documents.

F.8

WORKING HOURS

The Contractor shall perform all work during regular working hours, which are defined as 8:00-8:30 to 16:30-17:00 Monday to Friday, except for the holidays identified in Sections I.15. The Contracting Officer may approve other hours. The Contractor shall give 24 hours advance notice to the Contracting Officer, who may consider any deviation from the hours identified above. Changes in work hours will not be a cause for a price increase if initiated by the Contractor.

F.9

EXCUSABLE DELAYS

The Contractor will be allowed time, not money, for excusable delays as defined in FAR 52.249-10, Default. Examples of such cases include:

(l) acts of God or of the public enemy,

(2) acts of the United States Government in either its sovereign or contractual capacity,

(3) acts of the government of the host country in its sovereign capacity,

(4) acts of another contractor in the performance of a contract with the

Government,

(5) fires,

(6) floods,

(7) epidemics,

(8) quarantine restrictions,

(9) strikes, (l0) freight embargoes,

(11) delays in delivery of Government furnished equipment and

(12) unusually severe weather.

In each instance, the failure to perform must be beyond the control and without the fault or negligence of the Contractor, and the failure to perform furthermore

(a) must be one that the Contractor could not have reasonably anticipated and taken adequate measures to protect against,

(b) cannot be overcome by reasonable efforts to reschedule the work, and

(c) directly and materially affects the date of final completion of the project.

F.10

POST AWARD CONFERENCE

The Government will hold a post award conference ten (10) days after contract award at Via Sallustiana, 49 Rome to discuss the location and type of residences to be serviced, submittals, personnel issues, procedures and other important matters concerning the contract.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1

652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)

(a) The Contracting Officer may designate in writing one or more Government employees, by name or position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer’s Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation.

The COR for this contract is the Facility Maintenance Representative of the US Tri-Mission Rome, Italy.

G.1.2 Duties The COR is responsible for inspection and acceptance of services. These duties include review of contractor invoices, including the supporting documentation required by the contract. The COR may provide technical advice, substantive guidance, inspections, invoice approval, and other purposes as deemed necessary under the contract.

G.2

PAYMENT

The Contractor shall address invoices to the following address:

American Embassy Attn: FMC

Via Veneto 119/a

00187 Roma

G.2.1

GENERAL

The Contractor shall follow Section I, 52.232-5, "Payments Under Fixed-Price Construction Contracts.” The following subsections elaborate upon the information contained in that clause.

G.2.2

DETAIL OF PAYMENT REQUESTS

The Contractor’s requests for payment, which shall be made no more frequently than monthly shall cover the value of labor and materials completed and in place, including a prorated portion of overhead and profit.

G.2.3

PAYMENTS TO SUBCONTRACTORS

The Contractor shall make timely payment from the proceeds of the progress or final payment to subcontractors and suppliers following the Contractor's contractual arrangements with them.

G.2.4

EVALUATION BY THE CONTRACTING OFFICER

The Contracting Officer shall make a determination as to the amount that is due after an inspection of the work. The Contracting Officer shall advise the Contractor if the Contracting Officer does not approve payment of the full amount applied for, less the retainage addressed in FAR 52.232-5.

G.2.5

ADDITIONAL WITHHOLDING

Independently of monies retained by the Government under FAR 52.232-5 the Government may withhold from payments due the Contractor any amounts necessary to cover:

(a) Wages or other amounts due the Contractor's employees on this project;

(b) Wages or other amounts due employees of subcontractors on this project;

(c) Amounts due suppliers of materials or equipment for this project; and

(d) Any other amounts that the Contractor may be held liable under this contract, including but not limited to the actual or prospective costs of correction of defective work and costs for failure to make adequate progress.

G.2.6.

PAYMENT

In accordance with 52.232-27(a), the 14-day period identified in FAR 52.232-27(a)(1)(i)(A) is changed to 30 days.

G.3

RECORDKEEPING REQUIREMENTS

The Contractor and the COR shall both maintain a complete and accurate management file. The file shall contain, as a minimum, the following items:

(a) The Government's copies of all task orders issued under this contract, and all inspection reports completed by the COR (OF-127). These forms will be supplied to advise the Contractor of service requests and to document the performance of all work.

Documentation of any complaints from post personnel or unusual incidents that may have taken place during the visit to the site.

G.4 VAT Exemption Procedure

The Government will not reimburse the Contractor for VAT (IVA) under this contract. The Contractor shall not include a line for VAT on Invoices as the U.S. Embassy has a tax exemption certificate with the host government.

VAT (IVA) exemption certificate shall be provided to the Contractor, as/if granted by the Italian Ministry of Foreign Affairs.

The contractor shall strictly follow the MFA instructions to obtain the VAT exemption certificate (Form 181).

The MFA will assign an Identification number to each approved VAT exemption request.

Only “proper” invoice shall be submitted by the Contractor for payment. A proper invoice must report the Identification Number assigned by the MFA, among all other required elements.

The Government reserves the right to reject invoices submitted without the above Identification Number as they will be considered “improper”.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1

ISSUANCE OF ORAL TASK ORDERS

The Contracting Officer may issue oral task orders, as stated in Section B.4.1. Any oral task orders issued shall be confirmed in writing within three days when the Mission is open for business. U.S. or local holidays observed by the Mission and natural disasters or other emergencies that result in a suspension of normal operations shall not be counted against the three-day period. In all cases, the Contractor must begin work after receipt of an oral order, without waiting for written confirmation.

H.2

ORDERING OFFICIAL

The designated ordering individual for this contract is the Contracting Officer.

H.3 Reserved H.4

INSURANCE

H.4.1

AMOUNT OF INSURANCE

The Contractor is required to provide whatever insurance is legally necessary under Section I, 52.228-5, "Insurance - Work on a Government Installation.” The Contractor shall, at its own expense, provide and maintain during the entire performance period the following insurance amounts:

General Liability (includes premises/operations, collapse hazard, products, completed operations, contractual, independent contractors, broad form property damage, personal injury)

General Liability

(1) Bodily injury on or off the site in Euro:

Per Occurrence €1,500,000.00

Cumulative €1,500,000.00

(2) Property damage on or off the site in Euro:

Per Occurrence €1,500,000.00

Cumulative €1,500,000.00

The types and amounts of insurance are the minimums required. The Contractor shall obtain any other types of insurance required by local law or that are ordinarily or customarily obtained in the location of the work. The limit of such insurance shall be as provided by law or sufficient to meet normal and customary claims.

The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to:

(a) any property of the Contractor,

(b) its officers,

(c) agents,

(d) servants,

(e) employees, or

(f) any other person, arising from and incident to the Contractor's performance of this contract.

The Contractor shall hold harmless and indemnify the Government from any and all claims arising, except in the instance of gross negligence on the part of the Government.

The Contractor shall obtain adequate insurance for damage to, or theft of, materials and equipment in insurance coverage for loose transit to the site or in storage on or off the site.

H.4.2

GOVERNMENT AS ADDITIONAL INSURED

The general liability policy required of the Contractor shall name "the United States of America, acting by and through the Department of State,” as an additional insured with respect to operations performed under this contract.

H.4.3

TIME FOR SUBMISSION OF EVIDENCE OF INSURANCE

The Contractor shall provide evidence of the insurance within ten (10) days after contract award. Failure to timely submit this evidence, in a form acceptable to the Contracting Officer, may result in rescinding or termination of the contract by the Government.

H.5

GOVERNING LAW

The laws of the United States shall govern the contract and the interpretation of the contract.

H.6

LANGUAGE PROFICIENCY

The manager, assigned by the Contractor to superintend the work on-site required by 52.236-6, "Superintendence by the Contractor” shall be fluent in written and spoken English.

H.7

LAWS AND REGULATIONS

H.7.1

COMPLIANCE REQUIRED

The Contractor shall, without additional expense to the Government, be responsible for complying with all host country laws, codes, ordinances, and regulations applicable to the performance of the work, and with the lawful orders of any governmental authority having jurisdiction. Host country authorities may not enter the construction site without the permission of the Contracting Officer. Unless directed by the Contracting Officer, the Contractor shall comply with the more stringent of:

(a) the requirements of such laws, regulations and orders; or

(b) the contract.

If a conflict between the contract and such laws, regulations and orders, the Contractor shall promptly advise the Contracting Officer of the conflict and recommend a proposed course of action for resolution by the Contracting Officer.

The Contractor shall provide at the make ready completion of each apartment an environment waste report which describes any occurrence of and disposal of hazardous waste encountered during performance of this contract and any resulting delivery orders issued herein.

H.7.2

LABOR, HEALTH AND SAFETY LAWS AND CUSTOMS

The Contractor shall comply with all local labor laws, regulations, customs and practices pertaining to labor, safety, and similar matters, unless doing so would be inconsistent with the requirements of this contract.

H.7.3

SUBCONTRACTORS

The Contractor shall give written assurance to the Contracting Officer that all subcontractors and others performing work on or for the project have obtained all required licenses and permits.

H.7.4

EVIDENCE OF COMPLIANCE

The Contractor shall submit proper documentation and evidence of compliance with this clause to the Contracting Officer.

H.8

RESPONSIBILITY OF CONTRACTOR

H.8.1

DAMAGE TO PERSONS OR PROPERTY

The Contractor shall be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The Contractor shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others.

H.8.2

RESPONSIBILITY FOR WORK PERFORMED

The Contractor shall be responsible for all materials delivered and work performed until final completion and acceptance of the entire work, except for any completed unit of work that may have been accepted in writing under the contract.

H.9

MAINTENANCE OPERATIONS

H.9.1

OPERATIONS AND STORAGE AREAS

(a) Confinement to Authorized Areas. The Contractor shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the Contracting Officer.

(b) Vehicular Access. The Contractor shall use only established site entrances and roadways.

H.9.2

USE OF PREMISES

(a) Occupied Premises. If the premises are occupied, the Contractor, its subcontractors, and their employees shall comply with the regulations promulgated by the Government governing access to, operation of, and conduct while in or on the premises. The Contractor shall perform the work required under this contract without unreasonably interrupting or interfering with the conduct of Government business.

(b) Requests from Occupants. The Contractor shall refer to the Contracting Officer any request received by the Contractor from occupants of existing buildings to change the sequence of work.

(a) Access Limited. The Contractor, its subcontractors and their employees shall not have access to or be admitted into any building or portion of the site outside the areas designated in this contract except with the permission of the Contracting Officer.

H.10

SAFETY

H.10.1 652.236-70

ACCIDENT PREVENTION (APR 2004)

(a) General. The Contractor shall provide and maintain work environments and procedures which will safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to contractor operations and activities; avoid interruptions of Government operations and delays in project completion dates; and, control costs in the performance of this contract. For these purposes, the Contractor shall:

(1) Provide appropriate safety barricades, signs and signal lights;

(2) Comply with the standards issued by any local government authority having jurisdiction over occupational health and safety issues; and,

(3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for this purpose are taken.

(4) For overseas construction projects, the Contracting Officer shall specify in writing additional requirements regarding safety if the work involves:

(i) Scaffolding;

(ii) Work at heights above two (2) meters;

(iii) Trenching or other excavation greater than one (1) meter in depth;

(iv) Earth moving equipment;

(v) Temporary wiring, use of portable electric tools, or other recognized electrical hazards. Temporary wiring and portable electric tools require the use of a ground fault circuit interrupter (GFCI) in the affected circuits; other electrical hazards may also require the use of a GFCI;

(vi) Work in confined spaces (limited exits, potential for oxygen less that 19.5 percent or combustible atmosphere, potential for solid or liquid engulfment, or other hazards considered to be immediately dangerous to life or health such as water tanks, transformer vaults, sewers, cisterns, etc.);

(vii) Hazardous materials – a material with a physical or health hazard including but not limited to, flammable, explosive, corrosive, toxic, reactive or unstable, or any operations which creates any kind of contamination inside an occupied building such as dust from demolition activities, paints, solvents, etc.; or

(viii) Hazardous noise levels.

(b) Records. The Contractor shall maintain an accurate record of exposure data on all accidents incident to work performed under this contract resulting in death, traumatic injury, occupational disease, or damage to or theft of property, materials, supplies, or equipment. The Contractor shall report this data in the manner prescribed by the Contracting Officer.

(c) Subcontracts. The Contractor shall be responsible for its subcontractors’ compliance with this clause.

(b) Written program. Before commencing work, the Contractor shall:

(1) Submit a written plan to the Contracting Officer for implementing this clause. The plan shall include specific management or technical procedures for effectively controlling hazards associated with the project; and,

(2) Meet with the Contracting Officer to discuss and develop a mutual understanding relative to administration of the overall safety program.

(c) Notification. The Contracting Officer shall notify the Contractor of any non-compliance with these requirements and the corrective actions required. This notice, when delivered to the Contractor or the contractor’s representative on site, shall be deemed sufficient notice of the non-compliance and corrective action required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order suspending all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any suspension of work order issued under this clause.

H.11

SUBCONTRACTORS AND SUPPLIERS

H.11.1 CLAIMS AND ENCUMBRANCES

The Contractor shall satisfy all lawful claims of any persons or entities employed by the Contractor, including:

(a) subcontractors,

(b) material men and laborers, for all labor performed and materials furnished under this contract, including the applicable warranty or correction period.

The Contractor shall not at any time permit any lien, attachment, or other encumbrance to be entered against or to remain on the building(s) or the premises as a result of nonperformance of any part of this contract.

H.11.2

APPROVAL OF SUBCONTRACTORS

(a) Review and Approval. The Government reserves the right to review proposed subcontractors for a period of five (5) days before providing notice of approval or rejection.

(b) Rejection of Subcontractors. The Government reserves the right to reject any or all subcontractors proposed if their participation in the project may cause damage to the national security interests of the United States. The Contractor agrees to promptly replace any subcontractor rejected by the Government under this clause.

H.12

CONTRACTER PERSONNEL

H.12.1

REMOVAL OF PERSONNEL

The Contractor shall:

(a) maintain discipline at the site and at all times;

(b) take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by or amongst those employed at the site; and

(c) take all reasonable precautions for the preservation of peace and protection of persons and property in the neighborhood of the project against unlawful, riotous, or disorderly conduct.

The Contracting Officer may require, in writing, that the Contractor remove from the work any employee that the Contracting Officer determines:

(a) incompetent,

(b) careless,

(c) insubordinate or

(d) otherwise objectionable, or

(e) whose continued employment on the project is deemed by the Contracting Officer to be contrary to the Government's interests.

H.12.2

MAINTENANCE PERSONNEL SECURITY

After award of the contract, the Contractor has ten (10) calendar days to submit to the Contracting Officer a list of workers and supervisors assigned to this project for the Government to conduct security checks. It is anticipated that security checks will take forty days to perform.

For each individual the Contractor shall fill out the OF-174 form (see Section J, Exhibit 4), and provide copy of his/her ID card (with picture), and copy of “Casellario Giudiziario” (Criminal Records Office) and “Certificato Carichi pendenti” (Certificate of Pending Suit).

Failure to provide any of the above information may be considered grounds for rejection and/or re-submittal of the application. Once the Government has completed the security screening and approved the applicants a badge will be provided to the individual for access to the site. The Government may revoke this badge at any time due to the falsification of data, or misconduct on site.

H.13

MATERIALS AND EQUIPMENT

H.13.1

SELECTION AND APPROVAL OF MATERIALS

(a) Standard of Quality. All materials and equipment incorporated into the work shall be new and for the purpose intended, unless otherwise specified. All workmanship shall be of good quality and performed in a skillful manner as determined by the Contracting Officer.

(b) Selection by Contractor. Where the contract permits the Contractor to select products, materials or equipment to be incorporated into the work, or where specific approval is otherwise required by the contract, the Contractor shall give the Contracting Officer, for approval:

(1) The names of the manufacturer;

(2) Model number;

(3) Source of procurement of each such product, material or equipment; and

(4) Other pertinent information concerning the:

(i) Nature,

(ii) Appearance,

(iii) Dimensions,

(iv) Performance,

(v) Capacity, and

(vi) Rating unless otherwise required by the Contracting Officer.

The Contractor shall provide this information in a timely manner to permit the Government to evaluate the information against the requirements of the contract. The Contractor shall provide a submittal register ten (10) days after contract award showing when shop drawings, samples, or submittals shall be made. The Contractor shall submit samples for approval at the contractor's expense, with all shipping charges prepaid, when directed to do so by the Contracting Officer or COR. Installation or use of any products, materials or equipment without the required approval shall be at the risk of rejection.

H.13.2

CUSTODY OF MATERIALS

The Contractor shall be responsible for the custody of all materials received for incorporation into the project, including Government furnished materials, upon delivery to…