191T7024R0001.doc

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 Exhibits, for preventive maintenance and repair services of the air conditioning systems presently installed at the U.S. Tri-Mission buildings and the Government owned/leased residences as described in Section C, DESCRIPTION/SPECIFICATIONS/WORK STATEMENT, of this contract and Exhibits attached in Section J.

B.2

TYPE OF CONTRACT

This is a fixed price type contract for scheduled maintenance services as defined in the Comprehensive Maintenance Plan (CMP). The fixed price will include all work, including furnishing all labor, materials, equipment, and services, overhead (including cost of Workers’ Compensation and War-Hazard Insurance, which shall not be a direct reimbursement) and profit, unless otherwise specified. The Government will issue on a monthly 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 B and C, 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. Hours and labor categories for these delivery orders shall be negotiated into a firm-fixed-priced delivery order. 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. See Exhibit D, Section J for sample of an Unscheduled Work Order.

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 month for Scheduled Maintenance Services. No additional sums will be payable on account of any escalation in the cost of materials, equipment, or labor (unless mandated by local law), 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, as further described in H.14. 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, as further described in H.14. 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 (sample shown in Exhibit F) 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 Base Period

Scheduled Maintenance Services

The fixed-price for the first year (starting on the date stated in the Notice to Proceed and continuing for a period of 12 months) for scheduled maintenance services as defined in C.1.5 is:

Locations – Office Building

(CLIN 001)

12/mo

12/mo

12/mo

Mel Sembler Building

& Annex

12/mo

12/mo

12/mo

12/mo

12/mo

Total per Year

Locations - Residential

(CLIN 002)

Villa Pinciana &

Villa Allegri 3009-3010

12/mo

12/mo

12/mo

12/mo

12/mo

12/mo

12/mo

Total per Year

Total Price for the Base Year (CLIN 001+002)

Unscheduled and Emergency Maintenance Services

The fixed unit prices for unscheduled and emergency maintenance service as defined in C.1.6 are:

Labor Category

(CLIN 003)

HVAC Technician

Electrician

Plumber

Total Estimated Price for the Base Year (CLIN 003)

CLIN 004 - Materials/Equipment Not to Exceed Euro 50,000.00

Total Estimated Price for the Base Year (CLIN 003 + 004)

*Estimated number of hours is for evaluation purposes only

B.4.2.

Minimum and Maximum Amounts for Unscheduled Maintenance and Emergencies During this contract period, the Government shall place orders totaling a minimum of Euro 320.00. This reflects the contract minimum for unscheduled orders for this period of performance. The amount of all orders shall not exceed Euro 100,000.00. This reflects the contract maximum for unscheduled services for this period of performance.

B.5

FIRST OPTION YEAR PRICES

B.5.1 First Option Year

Scheduled Maintenance Services

The fixed-price for the first option year (starting on the day after the last date of the previous year and continuing for a period of 12 months) for scheduled maintenance services as defined in C.1.5 is:

Locations – Office Building

(CLIN 101)

12/mo

12/mo

12/mo

Mel Sembler Building

12/mo

12/mo

12/mo

12/mo

12/mo

Total per Year

Locations - Residential

(CLIN 102)

12/mo

12/mo

12/mo

12/mo

12/mo

12/mo

12/mo

Total per Year

Total Price for the First Option Year (CLIN 101+102)

Unscheduled and Emergency Maintenance Services

The fixed unit prices for unscheduled and emergency maintenance service as defined in C.1.6 are:

Labor Category

(CLIN 103)

HVAC Technician

Electrician

Plumber

Total Estimated Price for the First Option Year (CLIN 103)

CLIN 104 - Materials/Equipment Not to Exceed Euro 50,000.00

Total Estimated Price for the First Option Year (CLIN 103 + 104)

B.5.2.

Minimum and Maximum Amounts for Unscheduled Maintenance and Emergencies During this contract period, the Government shall place orders totaling a minimum of Euro 320.00. This reflects the contract minimum for unscheduled orders for this period of performance. The amount of all orders shall not exceed Euro 100,000.00. This reflects the contract maximum for unscheduled services for this period of performance.

B.6

SECOND OPTION YEAR PRICES

B.6.1 Second Option Year

Scheduled Maintenance Services

The fixed-price for the second option year (starting on the day after the last date of the previous year and continuing for a period of 12 months) for scheduled maintenance services as defined in C.1.5 is:

Locations – Office Building

(CLIN 201)

12/mo

12/mo

12/mo

Mel Sembler Building

12/mo

12/mo

12/mo

12/mo

12/mo

Total per Year

Locations - Residential

(CLIN 202)

12/mo

12/mo

12/mo

12/mo

12/mo

12/mo

12/mo

Total per Year

Total Price for the Second Option Year (CLIN 201+202)

Unscheduled and Emergency Maintenance Services

The fixed unit prices for unscheduled and emergency maintenance service as defined in C.1.6 are:

Labor Category

(CLIN 203)

HVAC Technician

Electrician

Plumber

Total Estimated Price for the Second Option Year (CLIN 203)

CLIN 204 - Materials/Equipment Not to Exceed Euro 50,000.00

Total Estimated Price for the Second Option Year (CLIN 203 + 204)

B.6.2.

Minimum and Maximum Amounts for Unscheduled Maintenance and Emergencies During this contract period, the Government shall place orders totaling a minimum of Euro 320.00. This reflects the contract minimum for unscheduled orders for this period of performance. The amount of all orders shall not exceed Euro 100,000.00. This reflects the contract maximum for unscheduled services for this period of performance.

B.7

THIRD OPTION YEAR PRICES

B.7.1 Third Option Year

Scheduled Maintenance Services

The fixed-price for the third option year (starting on the day after the last date of the previous year and continuing for a period of 12 months) for scheduled maintenance services as defined in C.1.5 is:

Locations – Office Building

(CLIN 301)

12/mo

12/mo

12/mo

Mel Sembler Building

12/mo

12/mo

12/mo

12/mo

12/mo

Total per Year

Locations - Residential

(CLIN 302)

12/mo

12/mo

12/mo

12/mo

12/mo

12/mo

12/mo

Total per Year

Total Price for the Third Option Year (CLIN 301+302)

Unscheduled and Emergency Maintenance Services

The fixed unit prices for unscheduled and emergency maintenance service as defined in C.1.6 are:

Labor Category

(CLIN 303)

HVAC Technician

Electrician

Plumber

Total Estimated Price for the Third Option Year (CLIN 303)

CLIN 304 - Materials/Equipment Not to Exceed Euro 50,000.00

Total Estimated Price for the Third Option Year (CLIN 303 + 304)

B.7.2.

Minimum and Maximum Amounts for Unscheduled Maintenance and Emergencies During this contract period, the Government shall place orders totaling a minimum of Euro 320.00. This reflects the contract minimum for unscheduled orders for this period of performance. The amount of all orders shall not exceed Euro 100,000.00. This reflects the contract maximum for unscheduled services for this period of performance.

B.8

FOURTH OPTION YEAR PRICES

B.8.1 Fourth Option Year

Scheduled Maintenance Services

The fixed-price for the fourth option year (starting on the day after the last date of the previous year and continuing for a period of 12 months) for scheduled maintenance services as defined in C.1.5 is:

Locations – Office Building

(CLIN 401)

12/mo

12/mo

12/mo

Mel Sembler Building

12/mo

12/mo

12/mo

12/mo

12/mo

Total per Year

Locations - Residential

(CLIN 402)

12/mo

12/mo

12/mo

12/mo

12/mo

12/mo

12/mo

Total per Year

Total Price for the Fourth Option Year (CLIN 401+402)

Unscheduled and Emergency Maintenance Services

The fixed unit prices for unscheduled and emergency maintenance service as defined in C.1.6 are:

Labor Category

(CLIN 403)

HVAC Technician

Electrician

Plumber

Total Estimated Price for the Fourth Option Year (CLIN 303)

CLIN 404 - Materials/Equipment Not to Exceed Euro 50,000.00

Total Estimated Price for the Fourth Option Year (CLIN 403 + 404)

B.8.2.

Minimum and Maximum Amounts for Unscheduled Maintenance and Emergencies During this contract period, the Government shall place orders totaling a minimum of Euro 320.00. This reflects the contract minimum for unscheduled orders for this period of performance. The amount of all orders shall not exceed Euro 100,000.00. This reflects the contract maximum for unscheduled services for this period of performance.

B.9

GRAND TOTAL

Base Year Total

First Option Year Total

Second Option Year Total

Third Option Year Total

Fourth Option Year Total

GRAND TOTAL

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1.

INTRODUCTION

C.1.1.

General.

The U.S. Tri-Mission in Rome, Italy requires a maintenance service Contractor to perform both scheduled and unscheduled work orders on the air conditioning systems presently installed at the U.S. Tri-Mission buildings and the Government owned/leased residences throughout the city of Rome. 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. Governement.

The designated person shall be located on-site in an office designated by the Contracting Officer during normal Embassy working hours and shall have supervision as his/her sole function during the times s/he is on duty. 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 at least one of each trade at the journey-man level or equivalent) with relevant experience of more than 5 years to meet the minimum requirements established below to perform maintenance services on the HVAC systms presently installed and relative electrical/electronic panels in accordance with the maintenance plan shown in Exhibit A and unscheduled/emergency services. Helper positions do not need to meet this 5 year minimum requirement. Personnel shall meet the minimum criteria for labor categories identified in Exhibit E.

C.1.3 Definitions.

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

“CMMS” is a computer maintenance management system.

"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. May involve working other than normal workday or hour as defined in F.8. Contractor required to respond to call within 4 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.

"HVAC" means Heating Ventilating Air Conditioning.

“Make Readies” should be negotiated as unscheduled work orders.

"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 HVAC, electrical and plumbing work, and the purchase of maintenance stock.

"Scheduled Maintenance Services" includes all routine maintenance functions identified in the Exhibit A, Comprehensive Maintenance Plan, and in Section C.

“Supervisor/HVAC foreman” means the Contractor’s liaison with the U.S. Government. The Supervisor HVAC foreman supervises the working team. List of duties are included in Exhibit E and in Section C.

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

C.1.3.

Executive Plan The Contractor shall provide an Executive Plan to carry out the maintenance as shown in Exhibit A and Section C. 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.

The Executive Plan shall include a detailed bar chart of all maintenance tasks as identified in the Exhibit A and Section C to be carried out during the year. The plan shall identify the time of the year and the number of technicians that shall perform these tasks on all systems and equipment listed in Exhibits B and C.

C.1.4 Service and Kind of Personnel:

A sample of kinds of services and personnel by category, is provided in the Exhibits A and E of this contract. A sample of an unscheduled order is described in Exhibit D and is for illustration only and will not necessarily be identical to services provided under this contract.

C.1.5 Duties and Responsibilities for Scheduled Maintenance Services C.1.5.1

Outline of Electrical/HVAC/Plumbing/Other Mechanical Services to be Performed: (ALL PROPERTIES)

Services to be performed by these engineers shall include those outlined below. Damage or situations requiring major or specialized remedial services shall promptly be brought to the attention of the COR or the Embassy Facility Management Office, and efforts shall be made to minimize such trouble or damage until proper corrective action can be taken. Major and specialized repairs shall be carried out by the Government, independent of this contract.

The Contractor shall perform the scheduled maintenance tasks with a minimum of two team of HVAC technicians; one technician shall be the Supervisor HVAC foreman.

The Contractor shall plan and schedule simultaneously performance of the maintenace services to systems installed and serving the same area to prevente a disruption of the office operations.

The HVAC foreman shall be on site every working day, 8 hours a day.

The Embassy staff shall assist the Contractor in performing the operations of switching systems on and off.

Services to be performed as part of scheduled maintenance to include:

C.1.5.1.1.

Electrical

(1) Monitoring the operating condition of all systems and equipment in the technical rooms.

(2) Replacing circuit breakers and/or fuses, material replecement parts shall be furnished by the Contractor.

(3) In an emergency, taking all possible measures to prevent hazards, ensure safety and maintain property. Promptly reporting to the COR, or to the Marine Guard on duty when the COR or his/her staff are unavailable.

C.1.5.1.2.

HVAC

(1) Operating the Heating/Ventilation/Air Conditioning(HVAC) systems according to the pertinent seasonal cooling/heating requirements as prescribed by the COR.

(2) Providing seasonal (i.e. off-, pre-, and post-season) servicing on the heating and air-conditioning plant equipment.

(3) Making insulation tests, adjusting relays, resetting circuit breakers, cleaning contact surfaces.

(4) Making minor repairs to the systems and their equipment in accordance with scheduled and unscheduled work orders. Replacement parts shall be furnished by the Contractor.

(5) Inspecting pumps for abnormal temperature, vibration, noise, and other trouble symptoms, and adjusting as necessary. Cleaning of strainers.

(7) Inspecting valves for restriction, leaks and other trouble symptoms, and adjusting as necessary.

(8) Inspecting cooling towers, checking condition of cooling water, if dirty replacing with clean water. Cleaning strainers when replacing cooling water. Insuring that the water treatment equipment is properly working and that the water is being treated in accordance with manufacturer's recommendations.

(9) Performing periodic cleaning, washing and/or replacing of all air filters for, air handling and fan coil units at all properties. The terms "cleaning" means "dusting" where unwashable filters are used, "washing", where washable filters are used and "replacing" where unwashable/throwaway filters are used. Replacement filters shall be supplied by the Contractor.

(10) Inspecting all HVAC work including pipes, ducts, valves, dampers, fittings, waste water and sewer lines, traps, catch basins, toilet fixtures, down-spouts, and gutters for clogging and loose joints, restrictions, leaks, and other faulty conditions; providing routine servicing such as retightening, caulking, lubricating, and performing first echelon maintenance.

C.1.5.1.3 Plumbing:

.Inspecting all plumbing work including pipes, ducts, valves, dampers, fittings, waste water and sewer lines, traps, catch basins, toilet fixtures, down-spouts, and gutters for clogging and loose joints, restrictions, leaks, and other faulty conditions; providing routine servicing such as retightening, caulking, lubricating, and performing first echelon maintenance.

C.1.5.2 Sample of Systems and Equipment and location to be Operated and Maintained:

See Exhibits B and C for a representative sampling of the systems and equipment to be operated and maintained and their location.

C.1.5.3 Miscellaneous Maintenance and Repair Services: The Contractor shall provide day-to-day maintenance and repair services for all Government-owned systems, and equipment as directed by the COR.

The detailed work requirements and instructions including emergency works shall be provided by the Contracting Officer 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.1.5.4

Special Equipment and Procedures: The Contractor shall have performed scheduled and unscheduled maintenace services to the systems and equipment listed in Exhibit C by the original manufacturer companies or by manufacturer’s officially licensed operators, in order to guarantee the supply of original spare parts, manufacturer systems original hardware and proprietary software updating, and have authorized licensed technicians.

The Contractor shall provide maintenance services in specific areas of the Embassy compound only if escorted, and may enter other areas only on scheduled times upon an agreement with the COR.

C.1.5.5.

Technical Cards for the Systems: The Contractor shall fill-in a work voucher for each task performed for scheduled and unscheduled maintenance or emergency repairs. The Contractor shall provide to the technician a translated hard copy of the preventive maintenance checklists. The technician shall fill out the checklist while performing the maintenance tasks. Each checklist must include at a minimum:

· Names of the technicians

· Date

· Location

· Equipment data (Manufacturer, Model, Serial Number and Asset ID)

Completed checklist must be sent via email to the COR.

C.1.5.6.

Tools, materials and spare parts: The Contractor shall perform the services required by this contract with trained personnel equipped with tools and testing equipment. The Contractor shall provide the spare parts and materials to carry out the schedule and unscheduled maintenance services.

The Contractor shall include the costs for spare parts and materials needed for unscheduled and emergency services. The Government may provide these spare parts or materials to the contractor.

C.1.5.7.

Inventory List: The Contractor shall submit on a yearly basis an updated inventory list of the Embassy/Residential systems and equipment to the COR, based on the initial inventory provided to the Contractor by the Embassy at the time of contract award (Exhibits B and C).

C.1.6.

Unscheduled Maintenance Services

Unscheduled maintenance services are services that are defined as scheduled maintenance services but are required at times other than the normal workday. The Contractor shall provide these services in addition to the scheduled services required by this contract. The COR shall order these services as needed. The work shall be performed by trained employees of the Contractor. The COR may require the Contractor to provide unscheduled maintenance services with 24-hour advance notice.

The Contractor shall include in its next regular invoice details of the unscheduled maintenance services and any materials provided and requested under unscheduled maintenance services. The Contractor shall also include a copy of the COR's written confirmation for the unscheduled maintenance services.

The Contractor may request during the pick seasons, summer or winter, to have on site at during the regualar business hours one or more technician (s) in addition to the HVAC foreman in order to avoid repetitive unscheduled calls. This request is subject to the COR approval.

C.1.6.1 Emergency Maintenance Services Emergency services shall be provided 24/7 and within 4-hours, upon receipt of a written or oral order.

When applicable, the hourly rate will be pro-rated on the basis of thirty-minute increments, i.e., increments of less than forty-five minutes will be reimbursed at the equivalent of thirty minutes work; increments greater than forty-five minutes will be at the equivalent of one hour work.

The Contractor shall provide to the COR a dedicated phone number available 24/7 in order to call for immediate assistance in case of emergencies’ situations.

Breakdowns or situations requiring emergency/unscheduled remedial services shall promptly be brought to the attention of the COR or the Embassy Facility Management Office and agree on repairs upfront.

C.2

SUPERINTENDENCE BY CONTRACTOR:

The entire operation of the contracted services shall be superintended by the Contractor's bilingual (English/Italian) 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.

The liaison, (or his/her qualified assistant), shall be on duty throughout the normal operating hours of the Embassy. S/he shall also superintend the performance of the contracted services on Saturdays, Sundays, and holidays.

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 monthly inspections to determine whether the various services are being performed according to the contract requirements. Copies of the weekly 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 Monthly Report:

The Contractor shall render a monthly systems maintenance 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 buildings and facilities covered by this contract. The monthly report shall be provided in a format similar to the one in Exhibit H, signed by an authorized representative of the Contractor, and shall be submitted to the COR, together with the Contractor's monthly 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

52.252‑2 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.

52.252‑2 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 from the Notice to Proceed, and shall remain in effect for 12 months, with four, one-year options to renew. Individual delivery orders for unscheduled work will identify completion times for specific unscheduled/urgent 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 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 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.19. 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 at the American Embassy Rome in Via Sallustiana, 49 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 the Facility Engineer representative of the U.S. Embassy 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.

Invoices shall be submitted monthly in original (PDF. format) to TriMissionInvoices@state.gov and one copy to the Contracting' Officer's Representative (COR) at the following billing address (designated payment office only for the purpose of submitting invoices):

American Embassy Attn: FMC

Via Veneto 119/a

00187 Roma

G.2.2.

Detail of Payment Requests

Each application for payment, which shall be made no more frequently than monthly, 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:

Time sheets to support the number of hours worked for each work order and signed by the Contractor’s approving official that work has been completed.

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…