191T7025R0002.doc

COVER PAGE - SF-1442

SECTION B - SUPPLIES OR SERVICES

AND PRICES/COSTS

B.1

SCOPE

The Contractor shall provide painting, drywall/plaster repair, and related services for real property owned or managed by the U.S. Government at Rome, Italy. The Contractor shall furnish services under task orders issued by the Contracting Officer.

B.2

TYPE OF CONTRACT

This contract is an indefinite-delivery indefinite-quantity contract with firm-fixed prices. Task orders will be priced and payable entirely in the currency indicated in the SF1442. The Government will not pay any additional sums due to 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 this contract. Nor will the contract price be adjusted due to fluctuations in the currency exchange rates. The Government will make changes in the contract price or time to complete only due to changes made by the Government in the work to be performed, or by delays caused by the Government.

The Government will make payments based on quantities and unit prices only to the extent specifically provided in the contract. The estimated quantities listed in B are estimates only and the Government does not guarantee that such quantities will be ordered.

B.3

CONTRACT PRICE

B.3.1 General. The Contractor shall complete all work, including furnishing all labor, material, equipment and services, required under this contract, for painting services. The price listed below shall include all labor, materials, overhead (including cost of Workers’ Compensation and War-Hazard Insurance, which shall not be a direct reimbursement) and profit.

B.3.2 Payment. The Government will make payment in local currency (Euro).

B.3.2 (a) Value Added Tax VALUE ADDED TAX (VAT). 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.3.3 Pricing The firm fixed prices for the base and three one-year option period for painting services shall be included in the attached Exhibit A “Pricing Schedule”.

GRAND TOTAL ESTIMATED CONTRACT AMOUNT

Base Year Total

First Option Year Total

Second Option Year Total

Third Option Year Total

SECTION C - DESCRIPTION/SPECIFICATIONS

STATEMENT OF WORK

C.1

CHARACTER AND SCOPE OF WORK

The Contractor shall furnish and apply all materials required by this contract, unless the contract states that materials and equipment will be provided by, or work performed by the Government or by others under separate contracts.

C.2

SURVEY

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

C.3

APPLICABLE PAINTING STANDARDS/PAINT SPECIFICATIONS

Painting, preparatory work, and paint shall follow the requirements as indicated in this Section.

C.4 PAINT MATERIAL AND SPECIFICATIONS

C.4.1.

The Contractor shall furnish primers, solvents, additives, enamel, and mixing chemicals of the same manufacturer as the selected paints or produced by the same manufacturer as the finish coats and ensure compatibility among the selected painting material. Within ten days from contract signature, the Contractor shall deliver to the COR for his approval samples of paint and non-paint products that shall be used under this contract, and sample sheets of the colors available among the manufacture paints.

All paint and chemical products shall come with the “MSDS” safety sheets and are subject to the COR approval.

The COR shall not approve the use of paint or other material that does not meet the Embassy standards.

The Contractor shall submit in writing to the COR for his approval any alternative painting materials, products, equipment or processes that the Contractor believes to be of a superior quality.

C.4.2.

The COR shall provide only written instruction in the selection of colors to be used for each work. These instructions will be based on the sample sheets. Each room can be painted with a different color at no increase in cost.

The Contractor is allowed to mix the paint on site to obtain the desired color using the same formulas shown on the sample sheets.

Rooms in some properties may have stucco moldings and/or decorations that may be painted with a different color.

C.4.3. The Contractor shall paint kitchens and bathrooms ceilings and walls with Tex Acryl paint, made by Sikkens “or an Equal” type of brand, unless otherwise specified by the COR.

C.4.4. The Contractor shall paint all other rooms ceilings and walls with primer “Impregnante” Alphatex, made by Sikkens, or an “Equal” brand, and paint with Tex Acryl, made by Sikkens or “an “Equal” brand, unless otherwise specified by the COR, C.4.5. The Contractor shall paint baseboards, door moldings and doors with primer and oleo synthetic enamel, unless otherwise specified by the COR.

C.4.6. The Contractor shall use rustproofing, primer, and oleo synthetic enamel for the painting of radiators, interior and exterior iron work.

C.5

ADDITIONAL TOOLS AND EQUIPMENT

The Contractor shall provide all necessary painting supplies and equipment, including brushes, rollers, buckets, mixers, space heaters, drop cloths, scrapers, sanding gear, electric sprayers, and texture sprayers, ladders, and movable scaffolding up to 5 mts. high if necessary to perform the work.

The Government may be charged for the rental, installation and removal of scaffolding to be used for painting work exceeding a height of 5 meters. The Contractor shall price this service separately. See Exhibit A, Pricing Schedule.

The Government reserves the right to supply materials in part, or in whole, to be used by the Contractor. Such services shall be priced and ordered by separate purchase order.

C.6

SCAFFOLDING REQUIREMENTS DESCRIPTION – OVER 5 MTS

The Government may be charged for the rental, installation and removal of scaffolding for painting work exceeding a height of 5 meters. This service shall be priced separately. See Exhibit A, Pricing Schedule.

Scaffolding price shall include the preparation of the installation project and testing of the installed scaffolding. This service shall be performed by qualified personnel, and in accordance with the safety requirements which may include, but is not limited to, parapets, foot arrest, fully accessible stairs, falling object protection. The price shall also include minor adjustment that may be needed during the execution of the work.

C.7

VEHICLES – TRANSPORTATION

Any cost related to the use of vehicles and transportation necessary to perform the service under this contract is a solely Contractor's responsibility.

C.8

PERFORMANCE SCHEDULE

The Contractor shall perform services in accordance with the task orders issued by the Contracting Officer.

The Contractor shall provide these services all year around and guarantee no interruption during the summertime due to workers vacation time (August included), as this is the Embassy busiest season of the year.

The Contractor shall have a minimum of five (5) days to commence work upon issuance of a task order and needed to be completed within eight (8) calendar days. Should the work require a different time schedule, this shall be agreed in advance with the COR.

The Contractor shall schedule to work simultaneously in five apartments. The Contractor is required to have as a minimum a crew of 7 painters to perform in accordance with the schedule of this contract.

The work shall be performed between the hours of 8:30-17:30, unless differently agreed with the COR. See also Section F.

C.9

PREPARATION/PROTECTION OF WORK AREA

Painting shall not disturb or damage any fixed property (including light fixtures, floors, wall plates, carpets, or windows). The Contractor shall move, protect, and return such property to its original position upon completion of work in that area.

The Contractor shall first remove or protect furnishings (such as furniture and rugs) by appropriate covering. The Contractor shall protect floors from soiling and paint spills. Wooden floors shall not be washed under any circumstances. To protect floors (of all types) from damage, the Contractor shall use a suitable protective cover.

The Contractor shall protect floors with corrugated cardboard sheets covered by thick plastic sheets as approved in advance by the COR. All baseboards, edges, moldings, tiles, door frames, doors, cabinets, light fixtures, towel racks, and other fixtures and surfaces that should not be painted shall also be protected by plastic sheets and self-adhesive paper (masking) tape. The Contractor shall also equip ladders and scaffolding with clean rubber shoes or similar protection devices.

The Contractor shall ensure that no occupant personal items are used by the workers during the painting process.

Paint brushes and other tools shall not be cleaned, and no dirty liquids shall be emptied in the wash basins, kitchen sinks or bathtubs.

If the Contractor spills any paint, or in any way soils the floors, the Contractor shall clean up using a specialist floor finishing company at the Contractor's expense. The Contractor shall at all times keep the work area free from waste materials. All debris and used protective coverings shall be removed from Government premises and transported by the Contractor to the public dump. Trash cans at the premises may not be used for trash disposal. After completion of the painting work, the Contractor shall return all furnishings to their original position and clean the work area free of litter and debris.

If the Contractor fails to properly protect government, landlord or occupant personal property, damaging the property, the Embassy shall detract the costs for cleaning, replacing items, or any work necessary to restore the damaged item(s).

The Contractor shall ensure that his workers do not smoke on the Government premises, including offices and apartments.

C.10. MEASURAMENTS OF SURFACES

C.10.1. Measurements for Primed and Painted Surfaces The measurements for painting walls, ceilings, vaults, etc. shall be calculated without taking into consideration lateral projecting parts, pilaster strips or similar objects that just less than 5 cm.

Walls thicker than 15 cm, the surfaces to be painted shall be calculated as "gross surfaces" (i.e., without taking into consideration doorways, windows, niches, etc.). However, each space with a surface larger than 4 sqm will be subtracted and calculated separately.

Walls that are up to 15 cm thick, all spaces of any size will be subtracted, and the measurements calculated separately.

C.10.2 Measurements for Varnished Surfaces Masonry or similar surfaces to be varnished shall be measured using the same criteria as indicated above.

Metal or wood surfaces to be varnished shall be measured with the following coefficients. The calculations will take into consideration varnishing on both sides and will be measured in a straight projection (i.e., without calculating the thickness, moldings, etc.):

a.

Simple metal fixtures (large, glazed frames, skylights,): 0.75 b.

Normal metal fixtures (gates, railings, parapets, fences, radiators and heaters, etc.): 1.0 c.

Ornate metal fixtures: 1.5 d.

Normal window and door frames (windows, French doors, glass doors, etc.): 1.0 e.

"Roman" type shutters with shutter box and sheet iron roller shutters: 3.0 f.

Roller shutters: 2.5 g.

Undulated sheet iron, metal rolling gates, etc.: 2.5.

C.11 TECHNICAL SPECIFICATIONS FOR PAINTING WORK

a. Painting of Interior and Exterior Area The interior and exterior painting shall include all tasks below and priced in accordance with the description of tasks listed in the price section. These tasks shall be performed on ceilings and walls of interior surfaces, and exterior surfaces of residential and non-residentials areas.

Paint surfaces as directed by the task order. Match paint to similar adjacent materials or surfaces.

(1) Paint: This category includes coating systems materials, primers, emulsions, enamels, stains, sealers and fillers, and other applied materials whether used as prime, intermediate or finish coats.

(2) Product Data: The Contractor shall submit manufacturer's technical information, label analysis, and application instructions to the COR for each paint material proposed for use, prior to starting work. The Contractor shall list each material and cross-reference specific coating and finish system and application as an attachment to the above submittal. The Contractor shall identify each material by the manufacturer's catalog number and general classification.

(3) Single Source Responsibility: The Contractor shall provide primers and undercoat paint produced by the same manufacturer as the finish coats.

(4) Material Quality: The Contractor shall provide the manufacturer's best quality trade sale type paint material. Paint material containers not displaying manufacturer's product identification are not acceptable.

(5) Material Delivery: The Contractor shall deliver materials to the job site in manufacturer's original, unopened packages and the containers shall bear the manufacturer's name and label with trade name and manufacturer's instructions.

(6) Material Storage: The Contractor shall store materials not in use in tightly covered containers in a well-ventilated area at a minimum ambient temperature of 45 degrees F (7 degrees C). The Contractor shall protect materials from freezing and keep storage area neat and orderly. Contractor shall remove oily rags and waste daily.

(7) Project Conditions: The Contractor shall not apply paint when the relative humidity exceeds 85 percent, or at temperatures less than 5 degrees F (3 degrees C) above the dew point, or to damp or wet surfaces. The Contractor shall apply paint only in temperatures that comply with the manufacturer's specifications.

(8) Preliminary Examination: The Contractor shall examine substrates and conditions under which painting will be performed for compliance with requirements and shall not begin application until unsatisfactory conditions have been corrected.

(9) Preparation:

(a) The Contractor shall remove hardware and hardware accessories, plates, light fixtures, and items in place that are not to be painted, or provide protection such as taping, prior to surface preparation and painting. (Taping includes windows, door jams, etc.)

(b) The Contractor shall clean and prepare surfaces to be painted following the manufacturer's instructions before applying paint or surface treatments. This preparation includes removal of oil, dust, direct, loose rust, mildew, peeling paint or other contamination to ensure good adhesion. In some cases, the Contractor may be requested to remove all existing coats of paint and sealers if prior paint application is showing signs of improper adhesion, such as peeling, chipping, etc. All surfaces must be clean and dry. The Contractor shall schedule cleaning and painting so dust and other contaminants will not fall on wet, newly painted surfaces. All lose paint layers shall be removed, scraped, sanded and surfaces plastered and smoothed. Holes shall be filled and repaired, and broken plaster moldings repaired or recreated.

(c) The Contractor shall notify the Contracting Officer or COR of problems anticipated for any minor preparatory work required, such as but not limited to, filling nail holes, cleaning surfaces to be painted, and priming any requisite areas. Plan preparatory work as most units in residential areas will have nail holes or areas that will need to be primed or sealed. Preparation work shall include finishing plastering, sanding of the surface before cleaning and apply of the primer coat.

(10) Materials Preparation: The Contractor shall mix and prepare paint following the manufacturer's directions.

(11) Application: The Contractor shall apply paint following the manufacturer's directions. Use applicators and techniques best suited for substrate and type of material being applied. Do not paint over dirt, rust, scale, grease, moisture, scuffed surfaces, or conditions detrimental to formation of a durable paint film.

(a) Unless otherwise specified, the Contractor shall use a high-quality semi-gloss latex paint (containing no lead or mercury) for all kitchens, baths, laundry areas, door frames, and window frames. The Contractor shall use a flat or satin flat latex base paint (containing no lead or mercury) in the remainder of the unit. The color shall be consistent with the balance of the room, which will normally be an off-white. The Contractor shall provide samples of the color on sample of the type of material to be painted before actual paint date is scheduled.

(b) On exterior surfaces, the Contractor shall apply a high-quality exterior grade latex base paint that matches as closely as possible the existing color on the exterior of the property, or a color as otherwise specified by the COR. Prior to painting, the Contractor shall scrape, sand, fill, and prime the surface with a latex base primer. The Contractor should plan on extensive preparatory work prior to painting. The Contractor shall not apply exterior paint in snow, rain, fog or mist, or when the relative humidity exceeds 85 percent; or to damp or wet surfaces.

(c) The Contractor shall provide finish coats that are compatible with primers used.

(d) The number of coats and film thickness required is the same regardless of application method. The Contractor shall not apply succeeding coats until previous coat has cured. The Contractor shall sand between applications where required to produce a smooth, even surface.

(e) The Contractor shall apply additional coats when undercoats or other conditions show through final coat, until paint film is of uniform finish, color, and appearance.

(12) Scheduling Painting: The Contractor shall apply the first coat to surfaces that have been cleaned, pretreated or otherwise prepared for painting as soon as practicable, and before subsequent surface deterioration. Allow sufficient time between successive coats to permit proper drying. Do not recoat until paint has dried.

(13) Minimum Coating Thickness: The Contractor shall apply materials at the manufacturer's recommended spreading rate. The Contractor shall provide a total dry film thickness of the system as recommended by the manufacturer.

(14) Prime Coats: Before application of finish coats, the Contractor shall apply a prime coat as recommended by the manufacturer to material required to be painted or finished, and which has not been prime coated.

(15) Brush Application: The Contractor shall brush-out and work brush coats into surfaces in an even film. The Contractor shall eliminate cloudiness, spotting, lap marks, brush marks (ropiness), runs, sags, or other surface imperfections. The Contractor shall draw neat glass lines and color breaks.

The Contractor shall apply primers and first coats by brush unless manufacturer's instructions permit use of mechanical applicators.

(16) Mechanical Applications: The Contractor shall use mechanical methods for paint application when permitted by manufacturer's recommendations, governing ordinances, and trade union regulations.

Wherever spray application is used, the Contractor shall apply each coat to provide the equivalent hiding of brush-applied coats. The Contractor shall not double-back with spray equipment building-up film thickness of two coats in one pass, unless recommended by the manufacturer.

(17) Upon completion of painting, the Contractor shall clean the glass and paint-spattered surfaces. The Contractor shall remove spattered paint by washing, scraping or other proper methods using care not to scratch or damage adjacent finished surfaces.

(18) The Contractor shall remove temporary protective wrappings after completion of painting operations.

b. Touch-Up -Plaster Repair (Interior and Exterior Surfaces) The Contractor shall repair any damaged interior or exterior plaster as directed by the COR. The plaster material shall be agreed with the COR, after conducting a site survey.

The cost per square meter shall include the removal and disposal of all plastering as well as the surface preparation to apply the new plastering. The final outcome shall be a smooth surface ready to apply of the painting.

c. Remove Wall Covering and One Coat of Paint Upon assignment by task order, the Contractor shall remove the designated wall covering (wallpaper, cork, mirror, tile, etc.). After removing the wall covering, the Contractor shall clean and make ready for painting the area and proceed with one coat of paint. The Contractor shall remove and properly dispose of the old wall covering.

d. Painting of Radiators The Contractor shall clean the radiator surfaces by removing any loose paint and layers, and sand, de-rust and prime the radiator, before proceeding with painting the radiator with two coats of oleo synthetic enamel, as specified in C.7.

e. Painting of Internal and External Iron and Wooden Material The Contractor shall clean surfaces of iron material, remove all loose paint layers, sand, de-rust and prime, before proceeding with painting the iron with two coats of oleo synthetic enamel, as specified in C.4.

This material includes metal shutter boxes and rolling shutters.

f. Painting and Decoration The Contractor shall have painters knowledgeable in painting and redecorating of walls, woodwork and fixtures.

Painter shall be skilled in peculiarities and types of paint required for different applications; placing putty or filler in nail holes and interstices; and applying paint with spray gun or brush. Stucco decorator for preparation of walls and ceilings. May mix colors, oils, white lead and other paint ingredients to obtain proper color consistency.

C.12 ADDITIONAL SERVICES - MOVING AND PROTECTION OF FURNITURE

a. Unfurnished Apartments The average unfurnished apartment may have some or all of the following items to be moved and protected: temporary furniture, carpets, wardrobes, ceiling fans, light fixtures, bathroom fixtures including toilet, water tank, bidet, sink, towel bars, soap dishes, toilet paper holder, shelves, shower curtain rod, hot water heater, kitchen cupboards, kitchen sink, stove, refrigerator, freezer, dishwasher, etc. The Contractor shall move furniture and furnishings out the working area within the same apartment. If this is not possible, furniture and furnishings shall be moved and collected in the center of the room. The furniture and furnishings shall be protected with plastic drop cloths during the work and relocated in their original positions after completion of the painting work. Carpets must be removed, rolled up and protected. Furnishings that are installed in walls but are removable, such as light fixtures and towels bars, shall be moved prior to the beginning of the painting work. Light switches, outlet covers, window and door hardware shall also be removed. Furnishings that are installed in walls but cannot be removed, shall be protected with plastic tarps. the moving at the center of each room and protection of the temporary furniture

b. Furnished Apartments The average furnished apartment may have some or all of the following items to be moved and protected: temporary furniture, wardrobes, ceiling fans, light fixtures, bathroom fixtures including toilet, water tank, bidet, sink, towel bars, soap dishes, toilet paper holder, shelves, shower curtain rod, hot water heater, kitchen cupboards, kitchen sink, stove, refrigerator, freezer, dishwasher, beds, dressers, bedside tables, tables, chairs, desks, sofas, loveseats, easy chairs, recliners, coffee tables, end tables, side tables, china cabinets, buffets, sideboards, carpets, small appliances, and personal belongings. The Contractor shall move furniture and furnishings out the working area within the same apartment. If this is not possible, furniture and furnishings shall be moved and collected in the center of the room. The furniture and furnishings shall be protected with plastic drop cloths during the work and relocated in their original positions after completion of the painting work. Carpets must be removed, rolled up and protected. Furnishings that are installed in walls but are removable, such as light fixtures and towels bars, shall be moved prior to the beginning of the painting work. Light switches, outlet covers, window and door hardware shall also be removed. Furnishings that are installed in walls but cannot be removed, shall be protected with plastic tarps.

c. Office Space The average office space may have some or all of the following items to be moved and protected: desk, chairs, computers, safe, typewriter, file cabinets, carpets etc. The Contractor shall move furniture and furnishings out the working area to the nearby available office space. If this is not possible, furniture and furnishings shall be moved and collected in the center of the room. The office furniture and furnishings shall be protected with plastic drop cloths during the work and relocated in their original positions after completion of the painting work. Carpets must be removed, rolled up and protected.

Furnishings that are installed in walls but are removable, such as light fixtures and towels bars, shall be moved prior to the beginning of the painting work. Light switches, outlet covers, window and door hardware shall also be removed. Furnishings that are installed in walls but cannot be removed, shall be protected with plastic tarps.

C.13

WARRANTY

The warranty shall be valid for 1 year after the final inspection. During the warranty period, the Contractor shall repair or replace, free of charge, any occurring defects or ensuing damages. If the Contractor fails to do so after receipt of a written request to that effect, the Government may have such discrepancies remedied at the Contractor's expense.

C.14

SUPERVISION

The Contractor shall assign a supervisor who will be the direct liaison with the COR concerning all work related to this contract. It will be the supervisor’s task to direct, schedule, supervise, inspect the work under this contract, and to receive instructions from the COR.

Quality control shall be the responsibility of the Contractor. The Contractor shall perform inspection visits to the work site on a regular basis. These visits shall be coordinated with the COR.

SECTION D - PACKAGING AND MARKING

D.1

PLACE OF DELIVERY

D.1.1.

Subsection F.8 lists all deliverables, and whether they are required to be delivered to the Contracting Officer or the Contracting Officer’s Representative (COR).

D.1.2.

The Contractor shall submit deliverables for the Contracting Officer to the following address:

Embassy of the United States of America

GSO Contracting Unit

Via Sallustiana 49

00187 Rome, Italy

D.1.3.

The Contractor shall submit deliverables for the COR to the following address:

Embassy of the United States of America

Facilities

Via Sallustiana 49

00187 Rome, Italy D.2

PACKING AND MARKING

The Contractor shall deliver material to the job site in the manufacturer's original, unopened packages and containers bearing manufacturer's information.

SECTION E - INSPECTION AND ACCEPTANCE

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.

The following Federal Acquisition Regulation clause(s) is/are incorporated by reference (48 CFR Chapter 1):

Clause Title and Date 52.246-12 Inspection of Construction (AUG 1996)

SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.252-2

CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates 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.

The following Federal Acquisition Regulation clause(s) is/are incorporated by reference (48 CFR Chapter 1):

CLAUSE

TITLE AND DATE

52.242-14 Suspension of Work (APR 1984)

F.2

EFFECTIVE ORDERING PERIOD

F.2.1 After contract award and submission of acceptable insurance certificates, the Contracting Officer shall issue a Notice to Proceed. The Notice to Proceed will establish a date a minimum of ten (10) days from date of contract award unless the Contractor agrees to an earlier date) on which performance shall start.

The performance period of this contract is from the start date in the Notice to Proceed and continuing for 12 months, with three, one-year options to renew. The initial period of performance includes any transition period authorized under the contract.

F.2.2 The Government may extend this contract under FAR 52.217-9, “Option to Extend the Term of the Contract” and 52.217-8, “Option to Extend Services”.

F.3

COMPLETION DATES UNDER TASK ORDERS

F.3.1 The Contractor shall have a minimum of five (5) days in order to commence work under each task order issued.

F.3.2 The following are minimum completion times that will be included in individual task orders, dependent upon the type and amount of work to be done:

Painting Interior Walls, up to 1000 square meters – five days

Painting Interior Walls, 1001 to 2000 square meters – eight days

Painting Exterior Walls, up to 1000 square meters – twenty days

F.4

ACCEPTANCE OF SCHEDULE

When the Government has accepted any time schedule, this acceptance shall be binding on the Contractor. The completion date is fixed and may be extended only by a written contract modification signed by the Contracting Officer. Acceptance or approval of any schedule or revision 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, or;

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

F.5

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:

(1) notify the Government of such change or other conditions upon the approved schedule, and;

(2) shall state in what respects, if any, the relevant schedule or the completion date should be revised.

The Contractor shall give notice to the Contracting Officer promptly, no more than two days following the first occurrence of event giving rise to the delay or prospective delay). Only the Contracting Officer may approve revisions to the approved time schedule.

F.6

WORKING HOURS

The Contractor shall perform all work during 08:30 am – 05:30 pm, Monday through Friday, except for the holidays identified in Section I, DOSAR 652.237-82, “Observance of Legal Holidays and Administrative Leave. The Contracting Officer may approve other hours, if the Contractor gives at least 24 hours advance notice. Changes in work hours will not be a cause for a price increase.

F.7

EXCUSABLE DELAYS

The Contractor shall 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;

(10) freight embargoes;

(11) delays in delivery of Government furnished equipment, and;

(12) unusually severe weather.

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

(1) shall 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.8

DELIVERABLES

The Contractor shall delivery the following items 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 Maintenance Representative of the U.S. TriMission 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.1.2

642.271 GOVERNMENT TECHNCIAL MONITOR (GTM).

The contracting officer may appoint a Government Technical Monitor (GTM) to assist the Contracting Officer’s Representative (COR) in monitoring a contractor’s performance. The contracting officer may appoint a GTM because of physical proximity to the contractor’s work site, or because of special skills or knowledge necessary for monitoring the contractor’s work. The contracting officer may also appoint a GTM to represent the interests of another requirements office or post concerned with the contractor’s work.

The GTMs’ for this contract is a Facility representative of the U.S. TriMission in Rome, Italy.

G.2

PAYMENT

G.2.1 General

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

G.2.2 Detail of Payment Requests/Invoices

The Contractor shall request payment at the final completion of each task order no more frequently than monthly and shall cover the value of labor and materials completed and in place, including a prorated portion of overhead and profit.

G.2.3 Payments to Subcontractors

The Contractor shall make timely payment to his subcontractors and suppliers from the proceeds of the progress or final payment for which request is being made, following 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 will make a determination as to the amount that is then due. If the Contracting Officer does not approve payment of the full amount applied for, less the retainage addressed in FAR 52.232-5, the Contracting Officer shall advise the Contractor of the reasons for the reduction.

G.2.5 Additional Withholding

Independently of monies under FAR 52.232-5, the Government may withhold from payments due the Contractor any amounts as may be considered necessary to cover –

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

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

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

(4) 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

The 14-day period identified in FAR 52.232-27(a)(1)(i)(A) is changed to 30 days.

G.3 TASK ORDERS

G.3.1 General. The Government will order all services under this contract on a Delivery/Task Order Form - OF 347 (Attachment 1), issued by the Contracting Officer, as the need arises.

G.3.2 Content. Task orders shall include:

Date of order

Contract number

Task Order number

Location of property

Amount of work (square meters or linear meters)

Required completion date

G.3.3 Procedures

G.3.3.1 Before issuing a task order, the Government may issue a written request for quotation that includes the work to be performed and the required completion date.

The Contractor shall respond to that request for quotation in writing within three working days to the following address:

RomeGSOProcurement@state.gov

Alternatively, the Government may simply issue a firm-fixed price task order, if it has the measurements of the work to be performed.

G.3.3.2 If requested to submit a firm-fixed price quotation for a task order, the Contractor shall compute a price for the required work by multiplying the unit prices in Section B by the amount of work required.

G.4

SELECTION OF AWARDEE FOR INDIVIDUAL TASK ORDERS

(a) If more than one Contractor receives an award for these services, the following procedures shall govern the issuance of individual task orders. The Contractor shall perform no work without a task order issued by the Contracting Officer.

(b) As the need for services arises, the Government will develop a price estimate.

If the estimate does not exceed US$10,000, the Government will follow the procedures in paragraph (c) below. If the estimate exceeds US$10,000, the Government will follow the procedures in paragraph (d) below.

(c) Orders not exceeding US$10,000 - The Government will select a Contractor for the task order. This decision will be based on the Government's best interests, which may include factors such as estimated price; past performance record; need to meet contractual minimums; or desire to avoid exceeding task order limitations set forth in Section I, FAR 52.216-19, "Order Limitations".

(d) Orders exceeding US$10,000

(1) Unless one of the exceptions in paragraph (e) below applies, the Government will make its award selection based on the prices in the contract and past performance information gained as a result of Contractor performance under this contract.

(2) Selection of Contractors shall not be protestable to GAO under Subpart 33.1 of the Federal Acquisition Regulation, except on the grounds that the order increases the scope, period, or maximum value of the contract. The Department of State has an Acquisition Ombudsman who will review complaints by Contractors to ensure that all Contractors are afforded a fair opportunity to be considered for these task orders under the terms of this contract.

(e) Exceptions to the procedures in paragraph (d) above:

(1) The order should be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order; or

(2) It is necessary to place an order to satisfy a minimum guarantee.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 INSURANCE

H.1.1 Amount of Insurance

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

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

1. Bodily injury on or off the site (stated in Euros):

2. Property Damage on or off the site (stated in Euros):

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

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

(a) any property of the Contractor,

(b) its officers,

(c) agents,

(d) servants,

(e) employees, or

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

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

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

H.1.2 Government as Additional Insured

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

H.1.3 Insurance-Related Disputes

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

H.1.4 Time for Submission of Evidence of Insurance

The Contractor shall provide evidence of the insurance required under this contract within ten (10) 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.2

DEFINITIONS

In addition to the definitions provided in Section I, FAR 52.202-1 and DOSAR 652.202-70, the following definitions shall apply:

(a) Day means a calendar day unless otherwise specifically indicated.

(b) Host Country means the country in which the project is located.

(c) Material means all materials, fixtures and other articles incorporated in, or which are intended to remain with, the project.

(d) Task Order means a written notice to the Contractor from the Contracting Officer authorizing the Contractor to incur obligations and proceed with the work under individual orders as of a date stated in the order.

(e) Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the work will be judged.

(f) Separate Contractor means a contractor, other than the Contractor or any of its subcontractors, to whom the Government has awarded a contact for construction or work on the site of a portion of the project.

H.3

GOVERNING LAW

The contract and its interpretation shall be governed by the laws of the United States.

H.4

LANGUAGE PROFICIENCY

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

H.5

LAWS AND REGULATIONS

H.5.1 Compliance Required

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

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

(b) the contract.

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

H.5.2 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.5.3 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.5.4 Evidence of Compliance

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

H.6

RESPONSIBILITY OF CONTRACTOR

H.6.1 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.6.2 Responsibility for Work Performed

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

H.7

CONSTRUCTION OPERATIONS

H.7.1 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.7.2 Use of Premises

(a) Occupied Premises. If the premises are occupied, the Contractor, its subcontractors, and their employees shall comply with the regulations promulgated by the Government governing access to, operation of, and conduct while in or on the premises and shall perform the work required under this contract in such a manner as not to unreasonably interrupt or interfere with the conduct of Government business.

(b) Requests from occupants. Any request received by the Contractor from occupants of existing buildings to change the sequence of work shall be referred to the Contracting Officer for determination.

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

H.8

SAFETY

Accident Prevention

(a) General. The Contractor shall provide and maintain work environments and procedures that will:

(1) safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;

(2) avoid interruptions of Government operations and delays in project completion dates; and

(3) control costs in the performance of this contract. For these purposes, the Contractor shall:

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

(ii) Comply with the standards issued by any local government authority having jurisdiction over occupational health and safety issues; and (iii) Take any additional measures the Contracting Officer determines to be reasonably necessary for this purpose.

(b) Records. The Contractor shall maintain an accurate record of exposure data on all accidents incident to work performed under this contract resulting in:

death,

(2) traumatic injury,

(3) occupational disease, or

(4) damage to or theft or loss of property, materials, supplies, or equipment.

The Contractor shall report this data as directed by the Contracting Officer.

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

(d) Written Program. Before starting the work, the Contractor shall:

(1) Submit a written proposal for implementing this clause; and

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

(e) The Contracting Officer shall notify the Contractor of any non-compliance with these requirements and the corrective actions required. The Contractor shall immediately take corrective action after receiving the notice.