19AU9026R0003_Make Ready Cleaning.pdf

19AU9026R0003

`SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCOPE OF SERVICES

The Contractor shall provide personnel, supplies and equipment for make-ready cleaning services for residences of the U.S. Tri-Mission in Vienna Austria as described in

Sections B and C of this contract, and the exhibits in Section J.

B.2 TYPE OF CONTRACT

This is an indefinite-delivery, indefinite-quantity type contract for make-ready cleaning services. The Contractor shall furnish services according to task orders issued by the Contracting Officer. Oral task orders may be necessary for emergencies; however, they shall be issued in writing within three days after issuance of the oral instructions.

The task orders shall specify the location and type of work requested (see Section B.4 and the example in Section J, Exhibit 7).

The contract will be for a one-year period from the date of the contract award, with 3 (three) one-year unilateral renewal options by the U.S. Government, if exercised.

For each effective year of the contract, the U.S. Government guarantees a minimum order of EUR 5,000.00 worth of services. The maximum amount of services ordered under each year of the contract will not exceed EUR 50,000.00 worth of services.

B.3 PRICES/COSTS

The prices will include all work, including furnishing all labor, materials, equipment and services, unless otherwise specified in Section B.4.4. The prices listed below shall include all labor, materials, direct and indirect costs, insurance (see FAR 52.228-4 and

52.228-5), overhead, and profit.

B.3.1 VALUE ADDED TAX

VALUE ADDED TAX (VAT). The Contractor shall include VAT as a separate charge on the Invoice and as a separate line item in Section B.

B.3.2 CURRENCY

All prices shall be in EURO.

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

CLIN

Description of Service Unit of

Measure

Price per

Unit in

EURO

Est Qty.

Total Est.

Price in

EURO

0001 Cleaning Services (see Section C.2.1 and Exhibit 1)

0001.1 Janitorial/Cleaning services (see

Section C.2.1) Sqm* 7,000

0002 Cleaning of upholstered furniture including spot removal (see Section C.2.1.1)

0002.1 Sofa (3 Seats) Per Item 15

0002.2 Loveseat (2 Seat) Per Item 10

0002.3 Dining Chair Per Item 60

0002.4 Upholstered Chair Per Item 20

Total of all line-item prices:

VAT:

Base Year Total:

*Sqm – square meter

B.3.4 FIRST OPTION YEAR PRICES

Description of Service Unit of

Measure

Price per

Unit in

EURO

Est Qty.

Total Est.

Price in

EURO

1001 Cleaning Services (see Section C.2.1 and Exhibit 1)

1001.1 Janitorial/Cleaning services (see

Section C.2.1) Sqm* 7,000

1002 Cleaning of upholstered furniture including spot removal (see Section C.2.1.1)

1002.1 Sofa (3 Seats) Per Item 15

1002.2 Loveseat (2 Seat) Per Item 10

1002.3 Dining Chair Per Item 60

1002.4 Upholstered Chair Per Item 20

Total of all line-item prices:

VAT:

B.3.5 SECOND OPTION YEAR PRICES

Description of Service Unit of

Measure

Price per

Unit in

EURO

Est Qty.

Total Est.

Price in

EURO

2001 Cleaning Services (see Section C.2.1 and Exhibit 1)

2001.1 Janitorial/Cleaning services (see

Section C.2.1) Sqm* 7,000

2002 Cleaning of upholstered furniture including spot removal (see Section C.2.1.1)

2002.1 Sofa (3 Seats) Per Item 15

2002.2 Loveseat (2 Seat) Per Item 10

2002.3 Dining Chair Per Item 60

2002.4 Upholstered Chair Per Item 20

Total of all line-item prices:

VAT:

B.3.6 THIRD OPTION YEAR PRICES

Description of Service Unit of

Measure

Price per

Unit in

EURO

Est Qty.

Total Est.

Price in

EURO

3001 Cleaning Services (see Section C.2.1 and Exhibit 1)

3001.1 Janitorial/Cleaning services (see

Section C.2.1) Sqm* 7,000

3002 Cleaning of upholstered furniture including spot removal (see Section C.2.1.1)

3002.1 Sofa (3 Seats) Per Item 15

3002.2 Loveseat (2 Seat) Per Item 10

3002.3 Dining Chair Per Item 60

3002.4 Upholstered Chair Per Item 20

Total of all line-item prices:

VAT:

B.3.7 GRAND TOTAL PRICE FOR BASE YEAR PLUS THREE OPTION

YEARS

First Option Year Total:

Second Option Year Total:

Third Option Year Total:

Grand Total Price for all Years:

B.3.8 UNSCHEDULDED SERVICES OUTSIDE THIS CONTRACT

Unscheduled services are NOT included under this agreement and are to be done outside of this contract. However, Please provide your current labor rates below in the event that the need for these services arise. Any of the services listed below must be submitted for approval first and may only be executed upon receipt of a separate purchase order against which these services have to be billed upon completion and acceptance thereof.

The contractor is not approved to do any additional work without approval.

B.3.8.1 Additional service labor rates for gardening services:

Base Year

Hourly rate for Gardener EUR ____________plus 20% VAT

Option Year 1 Prices

Option Year 2 Prices

Option Year 3 Prices

B.3.8.2 Additional rates for curtain cleaning services

Taking down, cleaning and re-hanging of curtains

Base Year Prices

Cleaning services for sheers curtains per sqm EUR ____________plus 20% VAT

Cleaning services for decor curtains per sqm EUR ____________plus 20% VAT

Option Year 1 Prices

Option Year 2 Prices

Option Year 3 Prices

MINIMUM AND MAXIMUM AMOUNTS

During the Base Year of the contract, and during the option year that might be exercised, the United States Government (USG) shall place orders totaling a minimum of

EUR 10,000.00. This reflects the contract minimum guarantee for each period of performance. The amount of all orders, for base and all option years shall not exceed

EUR 250,000.00. This reflects the contract maximum.

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

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

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

B.4.3 CONTENTS OF TASK ORDERS - The Contracting Officer shall issue task orders for make-ready services on an as-needed basis. See the sample task order at

Section J, Exhibit 7. Task orders shall include:

(a) Date of order

(b) Contract number

(c) Order number

(d) Location of property

(e) Amount of work (square meters, per residence, per item)

(f) Point of contact for questions

B.4.4 COMPLETION DATE – The Contractor shall complete all services on individual housing units within ten (10) days of receipt of a task order. The time period specified above shall not begin until the Contractor is afforded reasonable access to the work site.

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

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

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 INTRODUCTION

C.1.1 GENERAL – The U.S. Tri-Mission in Vienna Austria requires a make-ready cleaning service contractor to perform task orders on US Government owned and leased properties. The Contractor shall furnish managerial, administrative and direct operational personnel to accomplish all work as required.

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

The designated representative shall have supervision as his/her sole function during the times he/she is on duty. The Contractor's employees shall be on site only for contractual duties and not for any other business or purposes.

C.1.3. PERSONNEL - The Contractor shall be responsible for providing qualified technicians for each trade with relevant experience to perform make-ready services for task orders issued under this contract. Helper positions do not need to meet the experience requirement.

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

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

C.2 STANDARDS

C.2.1 JANITORIAL/CLEANING STANDARDS

The Contractor shall complete the following requirements and the checklist in Section J, Exhibit 1. All cleaning shall use appropriate industrial-quality cleaning supplies.

C.2.1.1 CLEANING STANDARDS: CARPET AND UPHOLSTERED

FURNITURE

The Contractor shall clean designated carpets and all upholstered furniture with professional equipment and industrial-grade cleaners. The Contractor shall remove excess liquid after cleaning to allow for the carpets and upholstered furniture to dry quickly.

The Contractor is responsible for any damage caused to items in the cleaning process and/or because of excess moisture left in carpets after cleaning.

Cleaning of carpets and upholstered furniture shall not disturb or damage any fixed property (including flooring and baseboards). The Contractor shall protect or move and return such property to its original position. All soft furniture is to be vacuumed and wet cleaned, if necessary, upon request from the COR.

The Contractor shall move and return furnishings (such as furniture, cabinets) to their original positions after completion of cleaning. The Contractor shall remove all trash remaining in the apartment and make it free of litter and debris.

C.2.1.2 CLEANING OF TRERRACES AND BALCONIES

The Contractor shall:

(a) Surface Cleaning:

Sweep and remove all loose debris, dust, and dirt from terrace and balcony surfaces.

Wash all surfaces using appropriate cleaning agents and equipment to remove stains, grime, and residues.

(b) Weed Removal:

Identify and remove all weeds from cracks, joints, and edges of terraces and balconies.

Apply environmentally safe weed control treatments as necessary to prevent regrowth.

(c) Waste Disposal:

Collect and properly dispose of all

C.2.1.2 GARDENING SERVICES

The Contractor shall perform the following gardening services

(a) Clean trash and debris from all lawn, yard, and garden areas.

(b) Mow lawns, trim hedges, prune trees, remove weeds, sweep sidewalks, terraces and balconies, sweep garages, and power wash terraces to present a neat and orderly appearance to the areas.

C.4 CONTRACTOR PERSONNEL

All personnel assigned by the Contractor for the performance of the respective services shall be regular employees of the Contractor, and shall be supervised by the

Contractor. There shall be no employer-employee relationship between the Government and the personnel. Subcontractors may only be employed with the express written consent of the Contracting Officer.

C.5 SUPERINTENDENCE BY CONTRACTOR

Contractor shall provide a supervisor/representative to oversee, manage and evaluate all services. The supervisor/representative shall be able to effectively speak, write and read

English and German. Supervisor/representative will be available by phone and email at all times during working hours as defined in Section C.2.1. The supervisor/representative shall coordinate the performance of the contracted services with the needs of the

Government Supervisor/representative shall be responsible for ensuring that a quality control program is implemented.

C.6 QUALITY ASSURANCE

The Contractor shall institute an appropriate inspection system including:

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

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

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

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

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

C.7 MONTHLY REPORT

The Contractor shall render a monthly report detailing difficulties or irregularities encountered in the workplace, measures taken to correct and/or improved conditions, recommendations on process improvements, and other matters related to smooth the execution of this contact. A sample report is provided in Exhibit 3 and shall be signed by an authorized representative of the Contractor, and submitted to the COR, together with the Contractor's monthly invoice.

C.8 INSPECTION BY GOVERNMENT

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

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

SECTION D - PACKAGING AND MARKING

D.1 PLACE OF DELIVERY

D1.1. Subsection F.3 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:

US Tri-Mission Vienna

Contracting Office

Boltzmanngasse 16

1090 Vienna

D.1.3 The Contractor shall submit deliverables for the COR to the following address:

US Tri-Mission Vienna

Facility Maintenance Management

Breitenfeldergasse 11

1080 Vienna

D.2 PACKING AND MARKING

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

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.

THE FOLLOWING FEDERAL ACQUISITION REGULATION CLAUSE(S) IS/ARE

INCORPORATED BY REFERENCE:

CLAUSE TITLE AND DATE

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

https://acquisition.gov/browse/index/far https://gov.ecfr.io/cgi-bin/text-idx?SID=d9a7851186785ba2b1896db79b1b6b29&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl

SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

THE FOLLOWING FEDERAL ACQUISITION REGULATION CLAUSE(S) IS/ARE

52.242-15 STOP-WORK ORDER (AUG 1989)

F.2 PERIOD OF PERFORMANCE. The performance period of this contract is from the start date in Notice to Proceed and continuing for 12 months, with three (3) one-year options to renew if exercised. The initial period of performance includes any transition period authorized under the contract.

F.2.1 The Government may extend this contract under FAR 52.217-9 “Option to

Extend the Term of the Contract” and FAR 52.217-8 “Option to Extend Services”.

F.3. DELIVERABLES

The Contractor shall deliver the following items:

Description

Quantity

Delivery Date

Deliver To:

H.11.2 – Biographies of Personnel 1 5 days after award COR

H.10.2 – Identification of Subs 1 5 days before use CO

H.3 – Insurance/Licenses & Permits 1 10 days after award CO

H.9 – Safety Plan 1 10 days after award COR

H.6.1 – Waste Disposal Report 1 Last day of each month COR

H.12 List of Personnel 1 5 days after award COR

F.4 Work Schedule 1 Identified in each task order

COR

G.2 Payment Request 1 Completion of each task order

COR

https://gov.ecfr.io/cgi-bin/text-idx?SID=d9a7851186785ba2b1896db79b1b6b29&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl

F.4 ACCEPTANCE OF SCHEDULE

When the Government has accepted any time schedule, it shall be binding on the

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

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

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

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

F.5 NOTICE OF DELAY

The Contractor shall notify the Government if the contractor receives a notice of any change in the work, or if any other conditions arise that may cause or are actually causing delays and the Contractor believes may result in completion of the project after the completion date. The notification shall state the effect, if any, of such change or other conditions upon the approved schedule, and shall state in what respects, if any, the relevant schedule or the completion date should be revised. The Contractor shall give such notice promptly, not more than ten (10) days following the first occurrence of event giving rise to the delay or prospective delay. The Contractor shall obtain the approval of the Contracting Officer for any revisions to the approved time schedule.

F.6 NOTICE TO PROCEED

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

(b) It is possible that the Contracting Officer may elect to issue the Notice to

Proceed before receipt and acceptance of any bonds or evidence of insurance. Issuance of a Notice to Proceed by the Government before receipt of the required bonds or insurance certificates or policies shall not be a waiver of the requirement to furnish these documents.

F.7 WORKING HOURS

The Contractor shall perform all work during Monday through Friday, between

07:00 and 18:00 hrs., except for the holidays identified in Sections I.15. The Contracting

Officer may approve other hours. The Contractor shall give 24 hours advance notice to the Contracting Officer, who may consider any deviation from the hours identified above.

Changes in work hours will not be a cause for a price increase if initiated by the

Contractor.

F.8 EXCUSABLE DELAYS

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

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

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

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

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

Government,

(5) fires,

(6) floods,

(7) epidemics,

(8) quarantine restrictions,

(9) strikes, (l0) freight embargoes,

(11) delays in delivery of Government furnished equipment and

(12) unusually severe weather.

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

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

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

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

F.9 POST AWARD CONFERENCE

The Government will hold a post award conference ten (10) days after contract award at U.S. Tri Missions, Facility Maintenance Management Section at

Breitenfeldergasse 11, 1080 Vienna to discuss the location and type of residences to be serviced, submittals, personnel issues, procedures and other important matters concerning the contract.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

(AUG 1999)

(a) The Contracting Officer may designate in writing one or more

Government employees, by name or position title, to take action for the Contracting

Officer under this contract. Each designee shall be identified as a Contracting Officer’s

Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation.

(b) The COR for this contract is the Senior Facility Engineer

G.1.2 DUTIES

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

G.2 PAYMENT

Invoices shall be sent via e-Mail to VNNFinanceIntake@state.gov upon of completion and acceptance of all work ordered under the individual task order

G.2.2 DETAIL OF PAYMENT REQUESTS

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

G.2.3 PAYMENTS TO SUBCONTRACTORS

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

G.2.4 EVALUATION BY THE CONTRACTING OFFICER

The Contracting Officer shall make a determination as to the amount that is due after an inspection of the work. The Contracting Officer shall advise the Contractor if the mailto:VNNFinanceIntake@state.gov

Contracting Officer does not approve payment of the full amount applied for, less the retainage addressed in FAR 52.232-5.

G.2.5 ADDITIONAL WITHHOLDING

Independently of monies retained by the Government under FAR 52.232-5 the

Government may withhold from payments due the Contractor any amounts necessary to cover:

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

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

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

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

G.2.6. PAYMENT

In accordance with 52.232-27(a), the 14-day period identified in FAR 52.232-

27(a)(1)(i)(A) is changed to 30 days.

G.3 VALE ADDED TAX

The Contractor shall show Value Added Tax (VAT) as a separate item on invoices submitted for payment.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 ISSUANCE OF ORAL TASK ORDERS

The Contracting Officer may issue oral task orders, as stated in Section B.4.1.

Any oral task orders issued shall be confirmed in writing within three days when the

Mission is open for business. U.S. or local holidays observed by the Mission and natural disasters or other emergencies that result in a suspension of normal operations shall not be counted against the three-day period. In all cases, the Contractor must begin work after receipt of an oral order, without waiting for written confirmation.

H.2 ORDERING OFFICIAL

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

H.3 INSURANCE

H.3.1 AMOUNT OF INSURANCE

The Contractor is required to provide whatever insurance is legally necessary under Section I, 52.228-5, "Insurance - Work on a Government Installation.” The

Contractor shall, at its own expense, provide and maintain during the entire performance period the following insurance amounts:

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

General Liability

(1) Bodily injury on or off the site EURO:

Per Occurrence EUR 150,000.00

Cumulative EUR 300,000.00

(2) Property damage on or off the site in U.S. dollars:

Per Occurrence EUR 150,000.00

Cumulative EUR 300,000.00

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

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

(a) any property of the Contractor,

(b) its officers,

(c) agents,

(d) servants,

(e) employees, or

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

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

Government.

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

H.3.2 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.3.3 TIME FOR SUBMISSION OF EVIDENCE OF INSURANCE

The Contractor shall provide evidence of the insurance within ten (10) days after contract award. Failure to timely submit this evidence, in a form acceptable to the

Contracting Officer, may result in rescinding or termination of the contract by the

Government.

H.4 GOVERNING LAW

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

H.5 LANGUAGE PROFICIENCY

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

English.

H.6 LAWS AND REGULATIONS

H.6.1 COMPLIANCE REQUIRED

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

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

(b) the contract.

If a conflict between the contract and such laws, regulations and orders, the

Contractor shall promptly advise the Contracting Officer of the conflict and recommend a proposed course of action for resolution by the Contracting Officer.

H.6.2 LABOR, HEALTH AND SAFETY LAWS AND CUSTOMS

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

H.6.3 SUBCONTRACTORS

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

H.6.4 EVIDENCE OF COMPLIANCE

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

H.7 RESPONSIBILITY OF CONTRACTOR

H.7.1 DAMAGE TO PERSONS OR PROPERTY

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

H.7.2 RESPONSIBILITY FOR WORK PERFORMED

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

H.8 MAINTENANCE OPERATIONS

H.8.1 OPERATIONS AND STORAGE AREAS

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

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

H.8.2 USE OF PREMISES

(a) Occupied Premises. If the premises are occupied, the Contractor, its subcontractors, and their employees shall comply with the regulations promulgated by the

Government governing access to, operation of, and conduct while in or on the premises.

The Contractor shall perform the work required under this contract without unreasonably interrupting or interfering with the conduct of Government business.

(b) Requests from Occupants. The Contractor shall refer to the Contracting

Officer any request received by the Contractor from occupants of existing buildings to change the sequence of work.

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

H.9 SAFETY

H.10 SUBCONTRACTORS AND SUPPLIERS

H.10.1 CLAIMS AND ENCUMBRANCES

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

Contractor, including:

(a) subcontractors,

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

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

H.10.2 APPROVAL OF SUBCONTRACTORS

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

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

H.11 CONTRACTER PERSONNEL

H.11.1 REMOVAL OF PERSONNEL

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

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

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

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

(a) incompetent,

(b) careless,

(c) insubordinate or

(d) otherwise objectionable, or

(e) whose continued employment on the project is deemed by the Contracting

Officer to be contrary to the Government's interests.

H.11.2 MAINTENANCE PERSONNEL SECURITY

After award of the contract, the Contractor has five (5) calendar days to submit to the Contracting Officer a list of workers and supervisors assigned to this project for the

Government to conduct security checks. It is anticipated that security checks will take 20 days to perform. For each individual the list shall include:

(a) Full Name

(b) Place and Date of Birth

(c) Current Address

(d) Copy of Identification card or passport

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

H.12 MATERIALS AND EQUIPMENT

H.12.1 SELECTION AND APPROVAL OF MATERIALS

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

Contracting Officer.

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

Officer, for approval:

(1) The names of the manufacturer;

(2) Model number;

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

(4) Other pertinent information concerning the:

(i) Nature,

(ii) Appearance,

(iii) Dimensions,

(iv) Performance,

(v) Capacity, and

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

The Contractor shall provide this information in a timely manner to permit the

Government to evaluate the information against the requirements of the contract. The

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

H.12.2 CUSTODY OF MATERIALS

The Contractor shall be responsible for the custody of all materials received for incorporation into the project, including Government furnished materials, upon delivery to the Contractor or to any person for whom it is responsible, including subcontractors.

The Contractor shall deliver all items to the site as soon as practicable. The Contractor shall clearly mark in a manner directed by the Contracting Officer all items of which the

Contractor has custody but that have not been delivered or secured at the site. The

Contractor shall clearly indicate the use of such items for this U.S. Government project.

H.13 SURPLUS MATERIALS

Any surplus materials, fixtures, articles or equipment remaining at the completion of the project shall become the property of the Contractor, except those items furnished by the Government, whose cost is not included in the contract price.

H.14 SPECIAL WARRANTIES

H.14.1 SPECIAL WARRANTY OBLIGATIONS

Any special warranties that may be required under the contract shall be subject to the terms of FAR 52.246-21, "Warranty of Construction," unless they conflict with the terms of such special warranties.

H.14.2 WARRANTY INFORMATION

The Contractor shall obtain and furnish to the Government all information that is required to make any subcontractor's, manufacturers, or supplier's guarantee or warranty legally binding and effective. The Contractor shall submit both the information and the guarantee or warranty to the Government in sufficient time to permit the Government to meet any time limit specified in the guarantee or warranty, but not later than completion and acceptance of all work under this contract.

H.15 NONCOMPLIANCE WITH CONTRACT REQUIREMENTS

The Contracting Officer shall have the right to order the Contractor to suspend any or all work under the contract until the Contractor has complied or begun complying with the noncompliance notice in a reasonable period of time. The Contractor will not be entitled to any extension of contract time or payment for any costs incurred as a result of being ordered to suspend work for such a cause. See FAR 52.242-14, Suspension of

Work.

SECTION I - CONTRACT CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

THE FOLLOWING FEDERAL ACQUISITION REGULATION CLAUSES ARE

52.202-1 DEFINITIONS (JUN 2020)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (JUN 2020)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV

2023)

52.203-19 PROHIBITON ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (JAN 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS (JUN 2020, DEVIATION)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT

2018, DEVIATION)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, PROPOSED FOR DEBARMENT OR VOLUNTARILY

EXCLUDED (JAN 2025, DEVIATION)

https://gov.ecfr.io/cgi-bin/text-idx?SID=d9a7851186785ba2b1896db79b1b6b29&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl

52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT

(OCT 1997 DEVIATION)

52.222-19 CHILD LABOR-COOPERATION WITH AUTHORITIES AND

REMEDIES (MAR 2026 DEVIATION)

52.225-5 TRADE AGREEMENTS (NOV 2023)

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND

TRANSLATION OF CONTRACT (FEB 2000)

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING (MAY 2024)

52.228-4 WORKERS COMPENSATION AND WAR-HAZARD INSURANCE

OVERSEAS (APR 1984)

52.232-1 PAYMENTS ( APR 1984)

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

52.232-25 PROMPT PAYMENT (JAN 2017)

52.232-32 PERFORMANCE BASED PAYMENTS (APR 2012)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR

AWARD MANAGEMENT (OCT 2018)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (MAR 2023)

52.233-1 DISPUTES (MAY 2014 DEVIATION) ALTERNATE I (DEC 1991)

52.233-3 PROTEST AFTER AWARD (AUG 1996 DEVIATION)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM

(OCT 2004)

52.237-3 CONTINUITY OF SERVICES (JAN 1991)

52.242-13 BANKRUPTCY (JULY 1995)

52.243-1 CHANGES - FIXED-PRICE (AUG 1987 DEVIATION) ALTERNATE II

(APR 1984)

52.245-1 GOVERNMENT PROPERTY (SEP 2021)

52.245-2 GOVERNMENT PROPERTY INSTALLATION OPERATION

SERVICES (APR 2012)

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT

(FIXED-PRICE) (APR 2012)

52.249-4 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT

(SERVICES) (SHORT FORM) (APR 1984)

52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)

52.249-14 EXCUSABLE DELAYS (APR 1984)

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

I.2. FEDERAL ACQUISITION REGULATION CLAUSES PROVIDED IN FULL

TEXT

THE FOLLOWING FAR CLAUSES ARE PROVIDED IN FULL TEXT:

52.203-08 CANCELLATION, RESCISSION AND RECOVERY OF FUNDS FOR

ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

(a) If the Government receives information that a contractor or a person has violated 41

U.S.C. 2102- 2104, Restrictions on Obtaining and Disclosing Certain Information, the

Government may-

(1) Cancel the solicitation, if the contract has not yet been awarded or issued; or

(2) Rescind the contract with respect to which-

(i) The Contractor or someone acting for the Contractor has been convicted for an offense where the conduct violates 41 U.S.C.2102 for the purpose of either-

(A) Exchanging the information covered by such subsections for anything of value; or

(B) Obtaining or giving anyone a competitive advantage in the award of a Federal agency procurement contract; or

(ii) The head of the contracting activity has determined, based upon a preponderance of the evidence, that the Contractor or someone acting for the Contractor has engaged in conduct punishable under 41 U.S.C. 2105(a).

(b) If the Government rescinds the contract under paragraph (a) of this clause, the

Government is entitled to recover, in addition to any penalty prescribed by law, the amount expended under the contract.

(c) The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law, regulation, or under this

(End of clause)

52.213-4 TERMS AND CONDITIONS—SIMPLIFIED ACQUISITIONS (OTHER

THAN COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES)

(MAR 2026 DEVIATION)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The

Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the

Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(c) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the

Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(d) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the

Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(e) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

I.3 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from base year period through option periods (if exercised).

(b) All delivery orders or tsk orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered “issued” when –

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either –

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

I.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum Order. When the Government requires supplies or services covered by this contract in an amount of less than EUR 500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum Order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of EUR 20,000.00;

(2) Any order for a combination of items in excess of EUR 50,000.00; or

(3) A series of orders from the same ordering office within two (2) days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirement clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within two (2) days after issuance, with written notice stating the contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

I.5. 52.216-22 INDEFINITE QUANTITY (OCT 1995 DEVIATION)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the

"minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the

Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the ordering period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order, which may include order options to be exercised after the ordering period of this contract but before the end of the period of performance of the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order, including options exercised, to the same extent as if the order were completed during the contract's ordering period; provided, that the Contractor shall not be required to make any deliveries under this contract after one year beyond the contract’s effective period.

I.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months.

The Contracting Officer may exercise the option by written notice to the Contractor within the performance period of the contract.

I.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT

(MAR 2000)

(a) The Government may extend the term of this contract by written notice to the

Contractor within the performance period of the contract or within 30 days after funds for the option year become available, whichever is later.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed four (4) years.

I.8 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR.

(APR 1984)

Funds are not presently available for performance under this contract beyond

September 30 of the current calendar year. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond

September 30 of the current calendar year, until funds are made available to the

Contracting Officer for performance and…