191T7023Q0005 - Water Tank Maintenance Services.docx

SECTION A

COVER PAGE - SF-1442

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCOPE OF SERVICES

The Contractor shall provide personnel, supplies and equipment, as identified in this solicitation and Exhibit, for scheduled and unscheduled maintenance services for all potable water storage tanks installed throughout the US Government facilities in Rome and Florence, Italy as described in Section C, ESCRIPTION/SPECIFICATIONS/WORK STATEMENT, of this contract and exhibit attached in Section J.

B.2 TYPE OF CONTRACT

This is a fixed price type contract for scheduled maintenance services. The fixed price will include all work, including furnishing all labor, materials, equipment and services, overhead (including cost of Workers’ Compensation, which shall not be a direct reimbursement) and profit, unless otherwise specified. The Government will issue on an annual basis scheduled task orders. The scheduled work orders shall identify the listed system/equipment or other description, machine number, location, task description, for the Contractor to perform the maintenance services specified. (See Exhibit A, Section J).

An indefinite delivery/indefinite quantity type contract will be awarded for unscheduled work or urgently needed services. Individual delivery orders will be issued using the fixed hourly rates identified below. The fixed hourly rates shall include wages, overhead, general, and administrative expenses, and profit.

The actual amount of work to be performed, an estimate of the professional/technical effort required, the time of such performance, and the location of the property(ies) shall be authorized by delivery orders issued by the Contracting Officer. Orals orders may be necessary for emergency services however they shall be issued in writing within three business days of the oral instructions.

B.3 PRICES/COSTS

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 submitted in Euro.

B.3.3 Scheduled Maintenance Services

(a) In consideration of satisfactory performance of all the scheduled services required under this contract, the Contractor shall be paid a fixed-price per year for Scheduled Maintenance Services. No additional sums will be payable on account of any escalation in the cost of materials, equipment, or labor, or because of the Contractor 's failure to properly estimate or accurately predict the cost or difficulty of achieving the results required by the maintenance plan is. Nor will the contract price be adjusted on account of fluctuations in the currency exchange rate.

(b) Premium pay for services required to be provided on holidays is included only in the fixed prices for Scheduled Maintenance Services.

B.3.4 Unscheduled Services

(a) The fixed hourly rates per labor category shall be used to establish firm fixed-price task orders. Each task order shall be issued in advance and priced by multiplying the hourly rates by the number of hours required.

(b) The Contractor shall also be reimbursed for costs for any materials/equipment ordered under the task order issued by the Government in conjunction with the Unscheduled Services. No profit shall be added to this material/equipment. 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.

B.3.5 Emergency Services

(a) Emergency services shall be issued and priced at the same rates as unscheduled services, however, work that is required beyond normal working hours or days (see F.8) or 40 hours per week or 8 hours per day and meet the definition of emergency services as defined in C.1.3 may use overtime rates as fixed below.

(b) The Contractor shall also be reimbursed for costs for any materials/equipment ordered under the task order issued by the Government in conjunction with the Emergency Services. No profit shall be added to this material/equipment. 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.

B.3.6 Ordering

(a) All supplies or services to be furnished under this contract shall be ordered by the issuance of delivery orders by the Department of State. Orders may be issued from the date of the Contracting Officer's signature until the end of the "Period of Performance" applicable to this contract.

(b) Contractor will be asked to submit a cost proposal when given a draft scope of work for an unscheduled task.

(c) Contracting Officer will negotiate and develop firm-fixed-priced delivery orders for each unscheduled or emergency task that needs to be performed.

(d) All delivery orders are subject to the terms and conditions of this contract. This contract shall take precedence in the event of conflict with any order.

B.4 BASE PERIOD PRICES

B.4.1. Scheduled Maintenance Services.

The fixed-price for the base year (starting on the date of the Award and continuing for a period of 12 months) for scheduled maintenance services as defined in C.1.3. is:

Scheduled Maintenance Services Base Year Total (A) Euro

B.4.2. Unscheduled and Emergency Services. The fixed unit prices for unscheduled maintenance service and overtime work or emergencies as defined in C.1.3. is:

QUALIFIED

TECHNICIAN

7:00 a.m. to 6:00 p.m.

6:00 p.m. to 7:00 a.m.

7:00 a.m. to 6:00 p.m.

6:00 p.m. to 7:00 a.m.

Euro

Unscheduled and Emergency Services Base Year Total (B) Euro

B.4.4 Minimum and Maximum Amounts for Unscheduled Maintenance and Emergencies

During this contract period, the Government shall place orders totaling a minimum of Euros 50.00. This reflects the contract minimum for unscheduled orders for this period of performance. The amount of all orders shall not exceed Euros 2,000.00. This reflects the contract maximum for unscheduled services for this period of performance.

B.5 FIRST OPTION YEAR PRICES

B.5.1. Scheduled Maintenance Services.

The fixed-price for the first option year (starting on the date of the Award and continuing for a period of 12 months) for scheduled maintenance services as defined in C.1.3. is:

Scheduled Maintenance Services First Option Year Total (A) Euro

B.5.2. Unscheduled and Emergency Services. The fixed unit prices for unscheduled maintenance service and overtime work or emergencies as defined in C.1.3. is:

QUALIFIED

TECHNICIAN

7:00 a.m. to 6:00 p.m.

6:00 p.m. to 7:00 a.m.

7:00 a.m. to 6:00 p.m.

6:00 p.m. to 7:00 a.m.

Euro

Unscheduled and Emergency Services First Option Year Total (B) Euro

B.5.4 Minimum and Maximum Amounts for Unscheduled Maintenance and Emergencies

During this contract period, the Government shall place orders totaling a minimum of Euros 50.00. This reflects the contract minimum for unscheduled orders for this period of performance. The amount of all orders shall not exceed Euros 2,000.00. This reflects the contract maximum for unscheduled services for this period of performance.

B.6 SECOND OPTION YEAR PRICES

B.6.1. Scheduled Maintenance Services.

The fixed-price for the second option year (starting on the date of the Award and continuing for a period of 12 months) for scheduled maintenance services as defined in C.1.3. is:

Scheduled Maintenance Services Second Option Year Total (A) Euro

B.6.2. Unscheduled and Emergency Services. The fixed unit prices for unscheduled maintenance service and overtime work or emergencies as defined in C.1.3. is:

QUALIFIED

TECHNICIAN

7:00 a.m. to 6:00 p.m.

6:00 p.m. to 7:00 a.m.

7:00 a.m. to 6:00 p.m.

6:00 p.m. to 7:00 a.m.

Euro

Unscheduled and Emergency Services Second Option Year Total (B) Euro

B.6.4 Minimum and Maximum Amounts for Unscheduled Maintenance and Emergencies

During this contract period, the Government shall place orders totaling a minimum of Euros 50.00. This reflects the contract minimum for unscheduled orders for this period of performance. The amount of all orders shall not exceed Euros 2,000.00. This reflects the contract maximum for unscheduled services for this period of performance.

B.7 THIRD OPTION YEAR PRICES

B.7.1. Scheduled Maintenance Services.

The fixed-price for the third option year (starting on the date of the Award and continuing for a period of 12 months) for scheduled maintenance services as defined in C.1.3. is:

Scheduled Maintenance Services Third Option Year Total (A) Euro

B.7.2. Unscheduled and Emergency Services. The fixed unit prices for unscheduled maintenance service and overtime work or emergencies as defined in C.1.3. is:

QUALIFIED

TECHNICIAN

7:00 a.m. to 6:00 p.m.

6:00 p.m. to 7:00 a.m.

7:00 a.m. to 6:00 p.m.

6:00 p.m. to 7:00 a.m.

Euro

Unscheduled and Emergency Services Third Option Year Total (B) Euro

B.6.4 Minimum and Maximum Amounts for Unscheduled Maintenance and Emergencies

During this contract period, the Government shall place orders totaling a minimum of Euros 50.00. This reflects the contract minimum for unscheduled orders for this period of performance. The amount of all orders shall not exceed Euros 2,000.00. This reflects the contract maximum for unscheduled services for this period of performance.

B.8 FOURTH OPTION YEAR PRICES

B.8.1. Scheduled Maintenance Services.

The fixed-price for the fourth option year (starting on the date of the Award and continuing for a period of 12 months) for scheduled maintenance services as defined in C.1.3. is:

Scheduled Maintenance Services Fourth Option Year Total (A) Euro

B.8.2. Unscheduled and Emergency Services. The fixed unit prices for unscheduled maintenance service and overtime work or emergencies as defined in C.1.3. is:

QUALIFIED

TECHNICIAN

7:00 a.m. to 6:00 p.m.

6:00 p.m. to 7:00 a.m.

7:00 a.m. to 6:00 p.m.

6:00 p.m. to 7:00 a.m.

Euro

Unscheduled and Emergency Services Fourth Option Year Total (B) Euro

B.8.4 Minimum and Maximum Amounts for Unscheduled Maintenance and Emergencies

During this contract period, the Government shall place orders totaling a minimum of Euros 50.00. This reflects the contract minimum for unscheduled orders for this period of performance. The amount of all orders shall not exceed Euros 2,000.00. This reflects the contract maximum for unscheduled services for this period of performance.

B.9 GRAND TOTAL

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1. INTRODUCTION

C.1.1. General

The US Tri-Mission in Rome, Italy requires the Contractor to perform both scheduled and unscheduled work orders on all potable water storage tanks installed throughout the US Government facilities in Rome, Italy and at the U.S. Consulate General Florence. The Contractor shall furnish managerial, administrative and direct operational personnel to accomplish all work as required in this contract. The Contractor shall designate an English speaking representative who shall supervise the Contractor's workforce and be the Contractor's liaison with the U.S.

The Contractor's employees shall be on-site only for contractual duties and not for any other business or purposes. Specific services are described in detail below.

C.1.2. Personnel

The Contractor shall be responsible for providing qualified technicians with relevant experience of more than 3 years to meet the minimum requirements established below to perform maintenance services.

C.1.3. Definitions

"Chancery" means the building of the embassy used for official activities or means the official residence of the ambassador.

"CMP" is a comprehensive maintenance plan

"Daily" means 5 days per week, on each non-holiday workday.

"DCMR" means the official residence of the Deputy Chief of Mission.

"Emergency Services" are task orders which require immediate attention identified in C.1.6. May involve working other than normal work day or hour as defined in F.8. Contractor required to respond to call within 16 hours and take action to minimize emergency situation.

"EOB" means Embassy Office Building.

"Execution Plan" is submitted by the Contractor and defines the methods and disciplines used to carry out the maintenance plan as provided in Exhibit A.

"General Instructions" mean those instructions, directives and guidelines that apply to all employee maintenance personnel.

"NOB" means New Office Building

"PM" means Preventive Maintenance

"Routine Maintenance and Repair" includes the preservation in a sound state of real property and might include day-to-day electrical and plumbing work, and the purchase of maintenance stock.

"Scheduled Maintenance Services" includes all routine maintenance functions identified in C.1.5. Post systems and equipment.

"Unscheduled Maintenance and Repair Services" includes minor maintenance and repair services which are not identified in the routine maintenance and repair services.

C.1.3.1. Executive Plan

The Contractor shall provide an Executive Plan to carry out the maintenance as shown in Exhibit A. These duties and responsibilities described in Subsection C.1.5. The Contractor shall provide a draft of the Executive Plan to the COR for review 30 days after contract award.

C.1.4. Location, Service, Kind of Personnel

A sample listing of locations is provided in Exhibit A (System Inventory and Locations).

C.1.5. Scheduled Maintenance Tasks

The maintenance operation shall be performed on annual basis following the procedures listed below:

· Operate the bypass valve to prevent water supply interruption, if existing.

· Look for presence of contamination (bugs, frogs, snakes, paper, plastic, etc.). Immediately notify the COR.

· Drain the tank, inspect the hatch and the entry ladder, if present, for integrity and safe entry.

· For large tanks where the operators need to enter, implement all confined space entry requirements before allowing anyone to enter the tank

· Examine the water tank exterior including all accessories and valves for possible leaks. Repair as indicated.

· Clean the exterior of the water tanks

· Inspect the inside of the tanks carefully

· Clean the tank interior. Remove any accumulated sediment/sludge from the tank bottom. Scrub walls with a wire brush and fresh water and remove all resulting residue.

The use of cleaning materials containing chlorine such as a bleach solution or any other hazardous material is not allowed due to the significant health risk posed to the workers For tanks that are too small to enter (e.g., 50 to 500 gallon or 189 to 1,893 liters capacity tanks). Tanks should be drained and cleaned (scrubbed and hosed) of accumulated sediment and other matter.

· Conduct any structural inspection or repair that may be necessary. If interior recoating is required, immediately notify the COR.

· Following any maintenance measures necessary, the interior walls and floor should be rinsed with fresh water and any remaining residue and water should be removed.

· Look for presence of contamination (bugs, frogs, snakes, paper, plastic, etc.). Notify supervisor.

· For disinfecting water storage tanks, both liquid sodium hypochlorite and dry calcium hypochlorite products are considered suitable.

For large tanks:

a) Add 25 ounces of sodium hypochlorite (liquid household bleach such as Clorox, fresh and unscented, available chlorine percentage of 5.25-6.0), per 1,000 gallons (3,785 liters) of the volume in the tank prior to filling the tank with water to produce a 10 mg/L (ppm) chlorine concentration. Care should be taken to control storage conditions and length of storage for the sodium hypochlorite to minimize deterioration. Handling and disposal instructions on the label should be carefully followed

b) Add 0.13 pounds (59 grams) of dry calcium hypochlorite (granules, pellets, or tablets broken or crushed to sizes not larger than 6 mm or ¼ inch) per 1,000 gallons (3,785liters) of volume in the tank prior to filling the tank with water to produce 10 mg/L (ppm) chlorine concentration. The sodium hypochlorite or calcium hypochlorite should be located so that inflowing water will ensure a current of water circulating through the Hypochlorite media to obtain good mixing. If using calcium hypochlorite ensure it to only be placed on dry surfaces unless adequate precautions are taken to avoid exposure to toxic chlorine gas liberated upon contact with the water. There should not be anyone in the tank during this operation. Fill the tank with fresh water and allow to stand for 24 hours.

For small drinking water tanks, fill with fresh water and add chlorine to obtain a concentration of 10 mg/L(ppm). Add 2 ½ tablespoons of fresh unscented Clorox/Household bleach (5.25% available Chlorine) per 50 gallons (189litres) of water (13 ounces or 377 ml for 500 gallons). Let stand for 24 hours

· Check water filter and replace if needed

· Clean, test and inspect sight glasses, replace if needed.

· Clean, test and inspect valves, fittings, drains and controls.

· After evaluating local environmental regulations, drain in appropriate manner and refill for regular use.

· Clean and check the level control panel

· Clean the outside of the panel and inspect front panel components for damage.

· Clean the interior panel components from dust and foreign materials.

· Check electrical wiring for damage and loose connections.

· Inspect relays for damaged contacts and signs of over-heating.

· Perform an operational test on the panel/electronic control units and mechanical level control equipment

· Verify that all alarm, control and communications circuits operate correctly

· Check that the mechanical level indicator and control devices are operating properly

· Record and report any damage or deficiencies found while performing maintenance operations

· Move the bypass valve to the original position.

· Return system to operation.

· Ensure that the system is back to normal operation and that potable water reaches the users.

If any interruption in the water supply is necessary, the Contractor shall communicate it to the COR at least 5 working days in advance.

TOOLS, MATERIALS AND EQUIPMENT

1. Mechanic’s set of instruments

2. Cleaning equipment and materials

3. Chlorine based disinfectant, approved by the Ministry of Health. Disinfectants: Calcium hypochlorite should be technical grade (a minimum 65 percent available chlorine) in granular form. Sodium metabisulfite (technical grade containing a minimum 98 percent sodium metabisulfite is available as fine granular crystals. These products should be NSF-61 (national Sanitation Foundation) certified for use in a potable water system or approved by local health authorities.

4. Use of suitable protective equipment for personnel handling noxious substances

5. Masks, eye-glasses and protective clothing suitable for the complete safety of personnel carrying out preventive maintenance activities.

C.1.5.1 Additional security measures The MSB Water Tank is a “Confined space” therfore the contractor has to receive the approval by the Government before entering and working inside, and has to provide at least the following:

1) Install #2 exhaust fans providing at least 10 ACH (1,800 m3/h).

The room itself is equipped with a 10,800 m3/h exhaust fan.

Recommend ventilating 24hr prior to entry, measure content prior to entry.

Install fan for air intake. The fan will be installed outside of water tank (near the manhole). Only the flexible ducts (supply and exhaust) will be extended into the actual water tank.

2) Personal protective equipment required for entry Respirators (type): full face respirators with high-efficiency particulate filter Head protection: helmet Ear protection: plugs Eye protection: full face respirator Hand protection: chemical resistant gloves Protective clothing: disposable Tyvek clothing

3) Emergency response procedures: Before entering the workplace, all workers must be informed of the site's emergency procedures (ref. Italian Law DL81/08). Only one operator goes inside the tank, the second must be on the edge of the tank above to ensure any recovery in case of emergency.

4) Using a recovery system (TRIPOD) correctly installed over the entrance of the tank

5) Gets inside the space equipped with the multi-gas analyzer for constant measurement of air quality

C.1.6 Unscheduled/Emergency Maintenance Services

The Contractor shall provide miscellaneous maintenance and repair services for all systems as directed by the COR.

The Contractor shall be able to locate and furnish all the materials and spare parts required for unscheduled/emergency maintenance services.

For emergency situations the Contractor is required to respond to calls within a maximum time frame of 16 hours and take action to minimize emergency situations.

The detailed work requirements and instructions including emergency works shall be provided by the COR to the Contractor's Liaison who shall supervise, schedule, and manage the performance of the assignments.

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.

C.2 SUPERINTENDENCE BY CONTRACTOR

The entire operation of the contracted services shall be superintended by the Contractor's bilingual liaison, who shall maintain a close contact with the Contracting Officer and the COR in order to coordinate the performance of the contracted services with the needs of the Government.

C.3 QUALITY ASSURANCE

The Contractor shall institute an appropriate inspection system including checklists of duties to be carried out, ensuring these duties are carried out by the supervisory staff and senior employees, and carrying out annual inspections to determine whether the various services are being performed according to the contract requirements. Copies of the annual inspection reports shall be provided to the COR.

Any shortcomings and/or substandard conditions noted in such inspections shall be promptly corrected and improved; any conditions beyond the responsibility of the Contractor shall be brought to the attention of the Contracting Officer or COR, for disposition.

C.3.1. Annual Report: The Contractor shall render an annual report, summing up observations resulting from the inspections, difficulties or irregularities encountered, measures taken, improved conditions, repairs or services needed (those beyond the Contractor's responsibilities), special work done, recommendations, and other matters related to operation and maintenance of the the fire suppression systems covered by this contract. The annual report shall be signed by an authorized representative of the Contractor, and shall be submitted to the COR, together with the Contractor's annual invoice.

C.3.2 Inspection by Government: The services being performed hereunder and the supplies furnished therefor 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 countermeasures or 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 52.2522 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more 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. In addition, the full text of a clause may be accessed electronically at: Acquisition.gov this address is subject to change.

If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use the Department of State Acquisition website at e-CFR to see 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.

FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)

CLAUSE TITLE AND DATE

52.246-4 INSPECTION OF SERVICES – FIXED PRICE (AUG 1996)

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

E.2 QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

This plan is designed to provide an effective surveillance method to promote effective Contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor Contractor performance, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to conduct quality assurance to ensure that contract standards are achieved.

E.2.1. Surveillance. The COR will receive and document all complaints from Government personnel regarding the services provided. If appropriate, the COR will send the complaints to the Contractor for corrective action.

E.2.2. Standard. The performance standard is that the Government receives no more than one (1) customer complaint per month. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.246-4, Inspection of Services – Fixed Price (AUG 1996)), if any of the services exceed the standard.

E.2.3. Procedures

(a) If any Government personnel observe unacceptable services, either incomplete work or required services not being performed they should immediately contact the COR.

(b) The COR will complete appropriate documentation to record the complaint.

(c) If the COR determines the complaint is invalid, the COR will advise the complainant. The COR will retain the annotated copy of the written complaint for his/her files.

(d) If the COR determines the complaint is valid, the COR will inform the Contractor and give the Contractor additional time to correct the defect, if additional time is available. The COR shall determine how much time is reasonable.

(e) The COR shall, as a minimum, orally notify the Contractor of any valid complaints.

(f) If the Contractor disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the Contractor will notify the COR. The COR will review the matter to determine the validity of the complaint.

(g) The COR will consider complaints as resolved unless notified otherwise by the complainant.

(h) Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COR will contact the Contracting Officer for appropriate action under the Inspection clause.

SECTION F

DELIVERIES OR PERFORMANCE

F.1. 52.2522 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more 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. In addition, the full text of a clause may be accessed electronically at: Acquisition.gov this address is subject to change.

If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use the Department of State Acquisition website at e-CFR to see 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.

FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)

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)

F.2. PERIOD OF PERFORMANCE

The contract shall be effective on the date of the Contracting Officer's signature, and shall remain in effect one-year period, with four-year options. Individual delivery orders for unscheduled work will identify completion times for specific unscheduled/emergency tasks.

F.3. DELIVERABLES

The following items shall be delivered under this contract:

F.4 CONTRACTOR'S SUBMISSION OF MAINTENANCE SCHEDULE AND MINOR REPAIRS UNDER UNSCHEDULED WORK ORDERS

The time for submission of the schedules and General Instructions referenced in Section I, 52.236-15, "Schedules for Construction Contracts", paragraph (a), is hereby modified to reflect the due date for submission as "seven (7) calendar days after receipt of an executed contract". The Contractor shall weekly revise such schedules (1) to account for the actual progress of the work, (2) to reflect approved adjustments in the performance schedule, and (3) 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 which sequences work so as to minimize disruption at the jobsite.

All deliverables shall be in the English language, unless otherwise provided hereunder, and any system of dimensions (i.e., English or metric) shown shall be consistent with that used in the contract. No extension of time shall be allowed on account of a delay by the Government in approving such deliverables if the Contractor has failed to act promptly and responsively in submitting its deliverables. Each deliverable shall be identified as required by the contract.

F.5 ACCEPTANCE OF SCHEDULE

When the Government has accepted any time schedule, it shall be binding upon the Contractor. The completion date is fixed and may be extended only by a written modification to the delivery order signed by the Contracting Officer. Acceptance or approval of any schedule or revision thereof by the Government shall not (1) extend the completion date or obligate the Government to do so, (2) constitute acceptance or approval of any delay, nor (3) 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

In the event the Contractor receives a notice of any change in the work, or if any other conditions arise which are likely to cause or are actually causing delays which the Contractor believes may result in completion of the project after the completion date, the Contractor shall notify the Contracting Officer of 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. Such notice shall be given promptly, and not more than ten (10) days following the first occurrence of event giving rise to the delay or prospective delay. Revisions to the approved time schedule shall only be made with the approval of the Contracting Officer.

F.7. NOTICE TO PROCEED

(a) Following receipt from the Contractor of any bonds or evidence of insurance within the time specified in Section H of this contract, and following acceptance of these documents by the Contracting Officer, the Contracting Officer will provide to the Contractor a Notice to Proceed. The Contractor must then prosecute the work required hereunder.

(b) It is possible that the Contracting Officer may elect to issue the Notice to Proceed prior to receipt and acceptance of any bonds or evidence of insurance required hereunder. 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

All work shall be performed during normal working hours which are defined as 8:30 to 17:30, Monday through Friday except for the holidays identified below. Other hours, initiated by the Contractor, may be approved by the Contracting Officer's Representative. Notice must be given 24 hours in advance to COR who will consider any deviation from the hours identified above. Changes in work hours will not be cause for a price increase.

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 (1) must be one that the Contractor could not have reasonably anticipated and taken adequate measures to protect against, (2) cannot be overcome by reasonable efforts to reschedule the work, and (3) directly and materially affects the date of final completion of the project.

F.10 POST AWARD CONFERENCE

A post award conference will be held 10 days after contract award Via Sallustiana, 49, Rome to discuss the schedule, submittals, notice to proceed, mobilization and other important issues that affect the progress under this 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.

(b) The COR for this contract is Facilities Engineering Representative of the U.S. Tri-Mission in Rome, Italy.

G.1.1 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

G.2.1. General.

The Contractor's attention is directed to Section I, 52.232-1, "Payments", and 52.232-5, "Payments Under Fixed-Price Construction Contracts". The following subsections elaborate upon the information contained therein. All invoices should contain copies of the signed work orders completed that month and status information on those not completed. Completed work orders shall bear the signature of the Contractor’s quality control personnel. Work orders shall consist of all preventive maintenance orders as well as unscheduled and emergency orders issued since the submittal of the last invoice.

The Contractor shall submit quarterly invoices in PDF. format to the Contracting Officer's Representative (COR) referencing the applicable U.S. Government Contract number to the following designated billing address:

American Embassy

FMC

Via Veneto 119/a 00187 Rome

G.2.2. Detail of Payment Requests

Each application for payment, which shall be made no more frequently than once a year, unless otherwise provided herein, shall cover the fixed price preventive maintenance fee and the value of labor and materials completed and in place for individual delivery orders.

In addition, the Contractor shall provide the following support for each request for payment for additional, seasonal, and emergency services:

- Cards for each system, which shall indicate the technical characteristics and the work carried out;

G.2.3. Payments to Subcontractors

The Contractor shall make timely payment from the proceeds of the progress or final payment for which request is being made, to his subcontractors and suppliers in accordance with the Contractor's contractual arrangements with them.

G.2.4. Evaluation by the Contracting Officer

Following receipt of the Contractor's request for payment, and on the basis of an inspection of the work, the Contracting Officer shall make a determination as to the amount which, in his/her opinion, is then due. In the event the Contracting Officer does not approve payment of the full amount applied for, less the retainage addressed in 52.232-5, the Contracting Officer shall advise the Contractor of the reasons therefore.

G.2.5. Additional Withholding

Independently of monies retained by the Government under 52.232-5, or otherwise as permitted to be retained under this contract, the Government may withhold from payments due the Contractor any amounts as may be considered 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 for which 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 prospective liquidated damage when the Contractor has failed to make adequate progress.

G.2.6 Payment

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

G.3 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.

G.3.1 Recordkeeping Requirements

G.3.1.1 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, including emergency work.

(b) Contractor's Service Report forms, documenting arrival and departure time of the Contractor's representative performing the service, and all information on parts installed for unscheduled and emergency services only.

(c) Documentation of any complaints from Post personnel or unusual incidents which may have taken place during the visit to the site.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 ISSUANCE OF TASK ORDERS FOR UNSCHEDULED/EMERGENCY WORK

(a) Unscheduled work and emergency work shall be authorized only through the issuance of task orders executed by the Contracting Officer. Task orders shall be established on a firm fixed-price basis (using the hourly rates identified in Section B and negotiated hours) and shall be modified solely by a written modification executed by the Contracting Officer. Emergency services may require the use of oral orders however a written order shall be provided within 3 business days of the verbal authorization.

(b) The Contractor shall perform only those unscheduled/emergency services specifically authorized in the individual delivery orders issued under this contract. The Contractor shall complete all work and services under this contract within the period of performance specified in the delivery orders except that no delivery order shall be issued hereunder after the expiration of this contract.

H.2 ORDERING OFFICIAL

In accordance with FAR 52.216-18 ORDERING (OCT 1995), the designated ordering individual for this contract is the Contracting Officer.

H.3 RESERVED

H.4 CERTIFICATE OF INSURANCE

The Contractor shall furnish to the Contracting Officer a current certificate of insurance as evidence of the insurance required. In addition, the Contractor shall furnish evidence of a commitment by the insurance carrier to notify the Contracting Officer in writing of any material change, expiration or cancellation of any of the insurance policies required not less than thirty (30) days before such change, expiration or cancellation is effective. When coverage is provided by self-insurer, the Contractor shall not change or decrease the coverage without the Contracting Officer's approval. If the Contractor intends to use any subcontractors under this contract, the Contractor must ensure that the subcontractor carries the types and amounts of insurance as identified below.

The Contractor's attention is directed to Section I, 52.228-5, "Insurance - Work on a Government Installation". As required by this clause, the Contractor is required to provide whatever insurance is legally necessary. 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)

1. Bodily Injury, On or Off the Site, in Euros

2. Property Damage, On or Off the Site, in Euros

The foregoing 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 any property of the Contractor, its officers, agents, servants, and employees, or 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 therefrom, 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.4.1 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.4.2 Insurance-Related Disputes

Failure to agree to any adjustment contemplated under this contract regarding insurance shall be a dispute within the meaning of the clause in Section I, 52.233-1, Alternate I, "Disputes". However, nothing in this clause shall excuse the Contractor from proceeding with the work, including the repair and/or replacement as herein above provided.

H.4.3 Time for Submission of Evidence of Insurance

The Contractor shall provide evidence of the insurance required under this contract within thirty (30) calendar 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 contract and the interpretation thereof shall be governed by the laws of the United States.

H.6 RESERVED

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 laws, codes, ordinances, and regulations applicable to the performance of the work, including those of the host country, and with the lawful orders of any governmental authority having jurisdiction. Host country authorities may not enter the facilities without the permission of the Contracting Officer. Unless otherwise directed by the Contracting Officer, the Contractor shall comply with the more stringent of the requirements of such laws, regulations, and orders and of the contract. In the event of a conflict among the contract and such laws, regulations and orders, the Contractor shall promptly advise the Contracting Officer of the conflict and of the Contractor's proposed course of action for resolution by the Contracting Officer.

The Contractor shall provide on a monthly basis an environmental 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, to the extent that such compliance is not 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 requisite licenses and permits.

H.7.4 Evidence of Compliance

Proper documentation and evidence satisfactory to the Contracting Officer of compliance with this clause shall be submitted by the Contractor at such times as directed by 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, and 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, except for any completed unit of work which may have been accepted in writing under individual delivery orders.

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, and in accordance with any regulations prescribed by the Contracting Officer, 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…