US_Embassy_Brazzaville_York_Chillers_Preventive_maintenance_services.doc
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- Solicitation number
- 19CF2018Q0004
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U.S. Embassy Brazzaville Date: August 13, 2018 To: Prospective Offerors
Subject: Solicitation number 19CF2018Q0004 Enclosed is a Request for Proposals (RFP) preventive maintenance services for two air-cooled York Chillers at The American Embassy in Brazzaville. If you would like to submit a proposal, follow the instructions in Section L of the solicitation, complete the required portions of the attached document, and submit it to the address shown on the Standard Form 1449 that follows this letter.
The U.S. Government intends to award a contract to the responsible company submitting an acceptable offer at the lowest price. We intend to award a contract based on initial proposals, without holding discussions, although we may hold discussions with companies in the competitive range if there is a need to do so.
Proposals are due by Tuesday August 28, 2018 at 5:00pm local time.
Sincerely, Contracting Officer
Enclosure
SECTION A
COVER PAGE - SF-1449
SECTION B
SERVICES AND PRICES/COSTS
B.1
SCOPE OF SERVICES
The Contractor shall provide personnel, supplies and equipment, as identified in this solicitation and Exhibit I, for preventive maintenance services for two air-cooled York Chillers at The American Embassy in Brazzaville as described in Section C, DESCRIPTION/SPECIFICATIONS/WORK STATEMENT, of this contract and exhibits attached in Section J.
B.2
TYPE OF CONTRACT
This is a firm fixed price contract with a maximum of two one-year optional periods payable entirely in US Dollar. Prices for all Contract Line Item Numbers (CLIN) shall include proper disposal of toxic substances as per Item 8.4 where applicable. No additional sums will be payable for 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. The contract price will not be adjusted due to fluctuations in currency exchange rates.
B.3
PRICES/COSTS
B.3.1 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 will obtain a tax exemption certificate with the host government.
B.3.2 All prices shall be submitted in US Dollars, The rates below include all costs associated with providing preventive maintenance services in accordance with the attached scope of work, and the manufacturer’s warranty including materials, labor, insurance (see FAR 52.228-4 and 52.228-5), overhead, profit and GST (if applicable).
B.4
BASE PERIOD PRICES
B.4.1. Preventive Maintenance Services. The fixed-price for the first year (starting on the date stated in the Notice to Proceed and continuing for a period of 12 months) for preventive maintenance services for two air-cooled York Chillers at The American Embassy in Brazzaville as described in Section C is:
Per Quarter year _________ x 4 = ______________per year
B.5
FIRST OPTION YEAR PRICES
B.5.1 Preventive Maintenance Services. The fixed-price for the first option year (starting on the date stated in the Notice to Proceed and continuing for a period of 12 months) for preventive maintenance services for two air-cooled York Chillers at The American Embassy in Brazzaville as described in Section C is:
Per Quarter year _________ x 4 = ______________per year
B.6
SECOND OPTION YEAR PRICES
B.6.1 Preventive Maintenance Services. The fixed-price for the second option year (starting on the date stated in the Notice to Proceed and continuing for a period of 12 months) for preventive maintenance services for two air-cooled York Chillers at The American Embassy in Brazzaville as described in Section C is:
Per Quarter year _________ x 4 = ______________per year
GRAND TOTAL
Base Year Total:
First Option Year Total:
Second Option Year Total:
GRAND TOTAL:
B.9
REPAIR OPTION
B.9.1 Repair Option. Repairs are NOT included under this agreement (see 7.1.3) and are to be done outside this contract. However, the Government desires current labor rates in the event that there is an issue discovered during the preventive maintenance of the specified equipment. Please provide your current labor rates in the Repair Option fields below. As stated in 7.1.3 any necessary repairs or parts will be submitted for approval and then billed against a separate PO. The Contractor is not approved to do any additional work without specific authorization from the Contracting Officer.
Repair Labor Rates
Base Year $/__________hr
Option Year 1
Option Year 2
SECTION C
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
C.1.
INTRODUCTION
C.1.1 General. The United States Embassy Brazzaville, Republic of Congo requires professional services and Johnson Controls Inc. Certified contractor cost proposals to perform preventive maintenance services of the facility’s Air Cooled York Chillers
C.1.2 Project Requirements:
DESCRIPTION OF EQUIPMENT: Maintenance (inspection and maintenance on the following York Equipment:
1. York Chiller ACC-1 Model YCAL0253EB50XCBSXTXHXXRNX, Serial number: RNSM021388
2. York Chiller ACC-2 Model YCAL0253EB50XCBSXTXHXXRNX, Serial Number RNSM021389
C.1.3 General Requirements:
The Contractor under this SOW shall be responsible for labor, tools, and materials required to carry out all preventive maintenance as outlined in this SOW. the Government has the following manuals: 15629 Air cooled chillers
C.1.4 Scope of Work Chillers Maintenance:
The Contractor shall provide all materials, supervision, labor, tools and equipment to perform preventive maintenance. All personnel working in the vicinity shall wear and /or use safety protection while all work is performed. Any questions or injuries shall be brought to the attention of the Post Occupation Safety and Health Officer (POSHO) immediately. Material Safety Data Sheets (MSDS) shall be provided by the Contractor for all HAZMAT materials. Copies shall be provided to the COR for approval.
The Contractor shall inventory, supply and replace expendable parts (e.g., filters, belts, hoses, gaskets) that have become worn down due to wear and tear. The Contractor shall maintain a supply of expendable and common parts on site so that these are readily available for normal maintenance to include: hoses, belts, oil, chemicals, coolant, filters (Air, Fuel, Oil), grease, sealant, thermostat, fuses; in addition to the appropriate tools, testing equipment, safety shoes and apparel for technicians, personal protective equipment (hands, hearing, eye protection), MSDS, cleaning material and oil spill containment kits. The contractor should inventory the supply after each visit and order replacement supplies and have them delivered on site. Maintenance materials shall be unused and are to be industry standard and intended for the task to be performed. Parts are to be OEM approved. Refrigerants are to meet the AHRI_Standard_700-2015 or most recent AHRI Standards.
Refrigerants, parts and maintenance materials delivered to the post are to be new and unused. Reclaimed refrigerants are not to be delivered to posts. Reclaimed refrigerants within post compounds are to be retained and stored and may be used if not contaminated. Refrigerants shall be stored in containers clearly indicating the refrigerant type.
CHILLERS
MAINTENANCE PROCEDURES:
Air Cooled Chiller:
Quarterly
1. Check unit for proper operation, excessive noise or vibration.
2. Run system diagnostics test.
3. Check oil level in oil separator sight glass. Add oil as necessary.
4. Check liquid line sight glass, oil, and refrigerant pressures.
5. Record system operating temperatures and pressures in the checklist.
6. Check programmable operating set points and safety cutouts. Assure they are correct for the application.
7. Verify motor amperage load limit.
8. Thoroughly clean evaporator and condenser tubes. .
9. Inspect plumbing and valves for leaks, adjust as necessary.
10. Check compressor and evaporator heater operation.
11. Check superheat on the evaporator and the economizer feed to the compressor.
12. Check condenser sub-cooling. Check for dirt in the panel. Check door gasket for sealing integrity.
13. Clean chiller and surrounding area.
14. Fill out maintenance checklist and report deficiencies.
Annually
1. Disconnect power source and lock out. Check electrical wiring and connections; tighten loose connections.
2. Perform all check items in the quarterly schedule.
3. Perform analysis on oil and filter. Change if necessary. Check compressor oil pump and seals. Check oil heater and thermostat. Check all strainers, valves, etc.
4. Conduct vibration analysis of motor & assembly: Check all alignments to specifications. Check all seals.
5. Lubricate shaft bearings and motor bearings as required.
6. Check superheat and sub-cooling temperatures.
7. Check contactors, sensors, and mechanical safety limits.
8. Check the chiller for leaks. Add refrigerant if low. Record amounts and address leakage problems.
9. Thoroughly clean intake side condenser coils, fans, and intake screens.
10. Perform any additional maintenance tasks as recommended in the manufacture’s operation and maintenance manuals.
11. Perform operational test and return to service.
12. Remove debris from work-site.
13. Fill out maintenance checklist and report deficiencies.
Motor Starter /Variable Frequency Drive (5 HP to Less Than 100 HP):
MAINTENANCE PROCEDURES:
Annually:
1. Vacuum dust and dirt from heat sink fins
2. Check ventilation fans for proper operation and clean as needed.
3. Check line voltage, motor & output phase balance
4. Complete RCM Procedure CM-0002 (Qualitative Infrared Testing).
5. Visually inspect for broken parts, contact arcing, or any evidence of overheating.
6. Check motor nameplate for current rating and controller manufacturer’s recommended heater size (report discrepancy to supervisor).
7. Check line and load connections for tightness (check manufacturer’s instructions for torque specifications).
8. Check heater mounting screws for tightness.
9. Check all control wiring connections for tightness.
10. On units equipped with motor reversing capacity, check mechanical interlock.
11. On units equipped with two-stage starting, check dash pots and timing controls for proper operation. Adjust as required.
12. On units equipped with variable speed starters:
a. Record the VFD parameter settings using MCT-10
b. Confirm the VFD doors and covers are in place and properly closed.
c. Check tightness of connections to resistor bank.
d. Check resistor coils and plates for cracking, broken wires, mounting and signs of overheating. Clean as required.
e. Check tightness of connections to drum controller.
f. Check contacts of drum controller for arcing and overheating. Apply a thin film of lubricant to drum controller contacts and to rotating surfaces.
13. Check starter contact connections by applying a thin film of black contact grease to line and load stabs, operate contacts and check surface contact.
14. Lubricate all moving parts with proper lubricant.
15. Clean interior of cabinet.
16. Clean exterior of cabinet.
17. Energize circuit and check operation of starter and any pilot lights. Replace as required.
Panel, Electronic Controls:
Annually
1. Clean panel interior.
2. Verify functionality of supported devices.
3. Clean ventilation filter and fan (if applicable).
4. Record and report equipment damage or deficiencies.
5. Record results in the equipment history log
Spare Parts and Expendables Inventory.
Equipment List:
SAFETY AND SPECIAL INSTRUCTIONS:
1. Follow site safety procedures and supervisor’s instructions.
2. Schedule outage with operating personnel.
3. Use extreme caution when climbing access ladders.
4. Perform applicable lockout/tag out steps of site safety procedures.
5. Lockout and disconnect the main power before tightening the main supply lugs in order to avoid the hazard of electrical shock, which could result in serious personal injury or death.
6. Record and report equipment damage or deficiencies.
7. Review and follow the manufacturer’s O&M instructions.
8. Record results in the equipment history log.
9. Allow only qualified personnel to do maintenance work on this equipment.
10. Record results in the equipment history log.
11. Check manufacturer’s specifications for the maximum number of plugged tubes.
12. Allow only qualified personnel to do maintenance work on this equipment.
C.3
QUALITY ASSURANCE
The Contractor shall institute an appropriate inspection system including checklists of duties to be carried out, ensuring these duties are carried out by the supervisory staff and senior employees, and carrying out at each visit inspections to determine whether the various services are being performed according to the contract requirements. Copies of the visit inspection reports shall be provided to the COR.
Any shortcomings and/or substandard conditions noted in such inspections shall be promptly reported; any conditions beyond the responsibility of the Contractor shall be brought to the attention of the Contracting Officer or COR, for action.
C.3.1 Visit Report: The Contractor shall render a visit report, summing up observations resulting from the inspections, difficulties or irregularities encountered, measures taken, improved conditions, repairs or services needed (those beyond the Contractor's responsibilities), recommendations, and other matters related to services covered by this contract. The visit report shall be signed by an authorized representative of the Contractor, and shall be submitted to the COR, together with the Contractor's invoice.
C.3.2 Inspection by Government: The services being performed hereunder 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.
The Contractor shall be responsible for any countermeasures or corrective action, within the scope of this contract, which may be required by the Contracting Officer as a result of such inspection.
SECTION D
PACKAGING AND MARKING
D.1 MATERIALS DELIVERED TO THE SITE SHALL BE MARKED AS FOLLOWS:
Ambassade des Etats-Unis d’Amérique (York Chillers preventive maintenance)
Boulevard Denis Sassou Nguesso
Bloc D, 70-83 face Blanche Gomez
Brazzaville, République du Congo
SECTION E
INSPECTION AND ACCEPTANCE
E.1 52.252‑2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/far/ or http://farsite.hill.af.mil/vffara.htm These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Department of State Acquisition website at http://www.statebuy.state.gov/ to see the links to the FAR. You may also use an internet “search engine” (for example Google, Yahoo, Excite) to obtain the latest location of the most current FAR.
FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)
CLAUSE
TITLE AND DATE
52.246-4
INSPECTION OF SERVICES – FIXED PRICE (AUG 1996)
52.246-12
INSPECTION OF CONSTRUCTION (AUG 1996)
E.2 QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)
This plan is designed to provide an effective surveillance method to promote effective Contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor Contractor performance, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to conduct quality assurance to ensure that contract standards are achieved.
| Performance Objective |
| PWS Paragraph |
| Performance Threshold |
Services
Performs all maintenance services set forth in the Performance Work Statement (PWS)
| C.1 thru C.3 |
| All required services are performed and no more than one (1) customer complaint is received per month |
E.2.1 Surveillance. The COR will receive and document all complaints from Government personnel regarding the services provided. If appropriate, the COR will send the complaints to the Contractor for corrective action.
E.2.2 Standard. The performance standard is that the Government receives no more than one (1) customer complaint per month. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.246-4, Inspection of Services – Fixed Price (AUG 1996)), if any of the services exceed the standard.
E.2.3 Procedures
(a) If any Government personnel observe unacceptable services, either incomplete work or required services not being performed they should immediately contact the COR.
(b) The COR will complete appropriate documentation to record the complaint.
(c) If the COR determines the complaint is invalid, the COR will advise the complainant. The COR will retain the annotated copy of the written complaint for his/her files.
(d) If the COR determines the complaint is valid, the COR will inform the Contractor and give the Contractor additional time to correct the defect, if additional time is available. The COR shall determine how much time is reasonable.
(e) The COR shall, as a minimum, orally notify the Contractor of any valid complaints.
(f) If the Contractor disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the Contractor will notify the COR. The COR will review the matter to determine the validity of the complaint.
(g) The COR will consider complaints as resolved unless notified otherwise by the complainant.
(h) Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COR will contact the Contracting Officer for appropriate action under the Inspection clause.
E.2.4 Procedures
Within 30 days after contract award, the Contracting Officer may ask the contractor to develop a plan for preparing the contractor to assume all responsibilities for preventive maintenance services. The plan shall establish the projected period for completion of all clearances of contractor personnel, and the projected start date for performance of all services required under this contract. The plan shall assign priority to the selection of all supervisors to be used under the contract.
E.2.4.1 On site contact
The following are the designated contact personnel between the US Embassy and the Contractor
Contracting Officer (CO) / Daniel Muffley General Services Officer / MuffleyDC@state.gov Contracting Officer Technical Representative (COTR): Charles Koumba BAS/FAC Engineer
COTR (backup): Rufin-Serge Mayamba FM Mechanical Foreman
E.2.5 Submission of Invoices
The Contractor shall submit an invoice after each preventive maintenance service has been performed. Invoices must be accompanied by a signed copy of the Maintenance Checklist for the work performed including parts replacement and break down calls, if any. No invoice for preventive maintenance services will be considered for payment unless accompanied by the relevant documentation.
The Contractor should expect payment 30 days after completion of service or 30 days after receipt of invoice at the Embassy's payment office, whichever is later. Invoices shall be sent to:
AMERICAN EMBASSY BRAZZAVILLE
(FINANCIAL SECTION)
BOULEVARD MAYA-MAYA, NO. 70-83
SECTION D (FACE MATERNITE BLANCHE
GOMEZ, BRAZZAVILLE REPUBLIC OF CONGO
SECTION F
DELIVERIES OR PERFORMANCE
F.1 52.252‑2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/far/ or http://farsite.hill.af.mil/vffara.htm These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Department of State Acquisition website at http://www.statebuy.state.gov/ to see the links to the FAR. You may also use an internet “search engine” (for example Google, Yahoo, Excite) to obtain the latest location of the most current FAR.
FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)
CLAUSE
TITLE AND DATE
52.242-15
STOP-WORK ORDER (AUG 1989)
52.242-17
GOVERNMENT DELAY OF WORK (APR 1984)
52.242-14
SUSPENSION OF WORK (APR 1984)
F.2 PERIOD OF PERFORMANCE
The contract shall be effective on the date of the Contracting Officer's signature, and shall remain in effect for a period of one-year, with a maximum of two one-year optional periods
F.3 DELIVERABLES
Provide a written report in English to Post Facilities Manager containing following:
a) System information (make, model, all devices types)
b) Pass/Fail of each feature and type of component tested. If a device fails, note device type, address and location within Post
c) Any comments on system (or device) condition pertaining to service life and dependability.
d) Full printout of test from system printer
e) Testing of exhaust gas by Gas Analyzer The following items shall be delivered under this contract:
| Description |
| Quantity |
| Delivery Date |
| Deliver To |
| Names, biographic data, police clearance on Contractor personnel (#6.2) |
| 1 |
| 30 days after award |
| COR |
| Certificate of Insurance (#11.2) |
| 1 |
| 30 days after award |
| COR |
| PM Checklist signed by Contractor’s employee (#7.2.1) |
| 1 |
| After completion of each maintenance service |
| COR |
| Invoice (#15) |
| 1 |
| After completion of each maintenance service |
| COR |
F.4
CONTRACTOR'S SUBMISSION OF PREVENTIVE MAINTENANCE SCHEDULE
The time for submission of the schedules and General Instructions referenced in Section I, 52.236-15, "Schedules for Construction Contracts", paragraph (a), is hereby modified to reflect the due date for submission as 30 calendar days after receipt of an executed contract". The Contractor shall weekly revise such schedules (1) to account for the actual progress of the work, (2) to reflect approved adjustments in the performance schedule, and (3) as required by the Contracting Officer to achieve coordination with work by the Government and any separate contractors employed by the Government. The Contractor shall submit a schedule which sequences work so as to minimize disruption at the jobsite.
All deliverables shall be in the English language, unless otherwise provided hereunder, and any system of dimensions (i.e., English or metric) shown shall be consistent with that used in the contract. No extension of time shall be allowed on account of a delay by the Government in approving such deliverables if the Contractor has failed to act promptly and responsively in submitting its deliverables. Each deliverable shall be identified as required by the contract.
F.5 ACCEPTANCE OF SCHEDULE
When the Government has accepted any time schedule, it shall be binding upon the Contractor. The completion date is fixed and may be extended only by a written modification to the delivery order signed by the Contracting Officer. Acceptance or approval of any schedule or revision thereof by the Government shall not (1) extend the completion date or obligate the Government to do so, (2) constitute acceptance or approval of any delay, nor (3) excuse the Contractor from or relieve the Contractor of its obligation to maintain the progress of the work and achieve final completion by the established completion date.
F.6 NOTICE OF DELAY
In the event the Contractor receives a notice of any change in the work, or if any other conditions arise which are likely to cause or are actually causing delays which the Contractor believes may result in completion of the project after the completion date, the Contractor shall notify the Contracting Officer of the effect, if any, of such change or other conditions upon the approved schedule, and shall state in what respects, if any, the relevant schedule or the completion date should be revised. Such notice shall be given promptly, and not more than ten (10) days following the first occurrence of event giving rise to the delay or prospective delay. Revisions to the approved time schedule shall only be made with the approval of the Contracting Officer.
F.7 NOTICE TO PROCEED
(a) Following receipt from the Contractor of any insurance within the time specified in Section H of this contract, and following acceptance of these documents by the Contracting Officer, the Contracting Officer will provide to the Contractor a Notice to Proceed. The Contractor must then prosecute the work required hereunder.
(b) It is possible that the Contracting Officer may elect to issue the Notice to Proceed prior to receipt and acceptance of evidence of insurance required hereunder. Issuance of a Notice to Proceed by the Government before receipt of the required bonds or insurance certificates or policies shall not be a waiver of the requirement to furnish these documents.
F.8 WORKING HOURS
All work shall be performed 8:00AM and 4:30 PM Monday through Friday except for the holidays identified below. Other hours, initiated by the Contractor, may be approved by the Contracting Officer's Representative. Notice must be given 24 hours in advance to COR who will consider any deviation from the hours identified above. Changes in work hours will not be cause for a price increase.
F.9 EXCUSABLE DELAYS
The Contractor will be allowed time, not money, for excusable delays as defined in FAR 52.249-10, Default. Examples of such cases include (l) acts of God or of the public enemy, (2) acts of the United States Government in either its sovereign or contractual capacity, (3) acts of the government of the host country in its sovereign capacity, (4) acts of another contractor in the performance of a contract with the Government, (5)fires, (6) floods, (7) epidemics, (8) quarantine restrictions, (9) strikes, (l0) freight embargoes, (11) delays in delivery of Government furnished equipment and (12) unusually severe weather. In each instance, the failure to perform must be beyond the control and without the fault or negligence of the Contractor, and the failure to perform furthermore (1) must be one that the Contractor could not have reasonably anticipated and taken adequate measures to protect against, (2) cannot be overcome by reasonable efforts to reschedule the work, and (3) directly and materially affects the date of final completion of the project.
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 Manager (FM), the Contracting Officer Technical Representative (COTR) is the BAS/FAC Engineer and the COTR-backup is the FM Mechanical Foreman G.1.1 Duties
The COR is responsible for inspection and acceptance of services. These duties include review of Contractor invoices, including the supporting documentation required by the contract. The COR may provide technical advice, substantive guidance, inspections, invoice approval, and other purposes as deemed necessary under the contract.
G.2 PAYMENT
G.2.1 General. The Contractor's attention is directed to Section I, 52.232-1, "Payments. The following subsections elaborate upon the information contained therein. All invoices should contain copies of the Reports/Services completed Signed by the COR or COTR. Completed Reports/Services shall bear the signature of the Contractor’s quality control personnel.
Invoices shall be submitted in an original and three (3) copies to the Contracting' Officer's Representative (COR) at the following address (designated payment office only for the purpose of submitting invoices):
U.S. EMBASSY BRAZZAVILLE
FINANCIAL MANAGEMENT OFFICE
BOULEVARD MAYA-MAYA, NO. 70-83
SECTION D (FACE MATERNITE BLANCHE GOMEZ,
BRAZZAVILLE REPUBLIC OF CONGO
Or By E-mail to the following address: BrazzavilleFMC@state.gov E-mail title must always reference the contract number.
G.3 VALUE ADDED TAX
The Government will not reimburse the Contractor for VAT under this contract. The Contractor shall not include a line for VAT on Invoices as the U.S. Embassy has a tax exemption certificate with the host government.
G.3.1 Recordkeeping Requirements
The Contractor and the COR shall both maintain a complete and accurate management file. The file shall contain as a minimum, the following items:
· All inspection reports completed by the COR (OF-127). These forms will be supplied to advise the Contractor of service requests and to document the performance of all work, including emergency work.
· Contractor's Service Report forms, documenting arrival and departure time of the Contractor's representative performing the service, and all information on parts installed for unscheduled and emergency services only.
· Documentation of any complaints from Post personnel or unusual incidents which may have taken place during the visit to the site.
SECTION H
SPECIAL CONTRACT REQUIREMENTS
H.1
ISSUANCE OF TASK ORDERS FOR UNSCHEDULED/EMERGENCY WORK
(a) Unscheduled work and emergency work shall be authorized only through the issuance of task orders executed by the Contracting Officer. Task orders shall be established on a firm fixed-price basis (using the hourly rates identified in Section B and negotiated hours) and shall be modified solely by a written modification executed by the Contracting Officer. Emergency services may require the use of oral orders however a written order shall be provided within three (3) business days of the verbal authorization.
(b) The Contractor shall perform only those unscheduled/emergency services specifically authorized in the individual delivery orders issued under this contract. The Contractor shall complete all work and services under this contract within the period of performance specified in the delivery orders except that no delivery order shall be issued hereunder after the expiration of this contract.
H.2
ORDERING OFFICIAL
In accordance with FAR 52.216-18 ORDERING (OCT 1995), the designated ordering individual for this contract is the Contracting Officer.
H.3
BOND REQUIREMENTS
RESERVED
H.4
CERTIFICATE OF INSURANCE
The Contractor shall furnish to the Contracting Officer a current certificate of insurance as evidence of the insurance required. In addition, the Contractor shall furnish evidence of a commitment by the insurance carrier to notify the Contracting Officer in writing of any material change, expiration or cancellation of any of the insurance policies required not less than thirty (30) days before such change, expiration or cancellation is effective. When coverage is provided by self-insurer, the Contractor shall not change or decrease the coverage without the Contracting Officer's approval. If the Contractor intends to use any subcontractors under this contract, the Contractor must ensure that the subcontractor carries the types and amounts of insurance as identified below.
The Contractor's attention is directed to Section I, 52.228-5, "Insurance - Work on a Government Installation". As required by this clause, the Contractor is required to provide whatever insurance is legally necessary. The Contractor, shall, at its own expense, provide and maintain during the entire performance period the following insurance amounts:
General Liability (includes premises/operations, collapse hazard, products, completed operations, contractual, independent contractors, broad form property damage, personal injury)
1. Property Damage, On or Off the Site, in US Dollars
| Per Occurrence |
| $50,000.00 |
| Cumulative |
| $ 150,000.00 |
The foregoing types and amounts of insurance are the minimums required. The Contractor shall obtain any other types of insurance required by local law or that are ordinarily or customarily obtained in the location of the work. The limit of such insurance shall be as provided by law or sufficient to meet normal and customary claims.
The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to any property of the Contractor, its officers, agents, servants, and employees, or any other person, arising from and incident to the Contractor's performance of this contract. The Contractor shall hold harmless and indemnify the Government from any and all claims arising therefrom, except in the instance of gross negligence on the part of the Government.
The Contractor shall obtain adequate insurance for damage to, or theft of, materials and equipment in insurance coverage for loose transit to the site or in storage on or off the site.
H.4.1 Government as Additional Insured
The general liability policy required of the Contractor shall name "the United States of America, acting by and through the Department of State", as an additional insured with respect to operations performed under this contract.
H.4.2 Insurance-Related Disputes
Failure to agree to any adjustment contemplated under this contract regarding insurance shall be a dispute within the meaning of the clause in Section I, 52.233-1, Alternate I, "Disputes". However, nothing in this clause shall excuse the Contractor from proceeding with the work, including the repair and/or replacement as herein above provided.
H.4.3 Time for Submission of Evidence of Insurance
The Contractor shall provide evidence of the insurance required under this contract within thirty (30) calendar days after contract award. Failure to timely submit this evidence, in a form acceptable to the Contracting Officer, may result in rescinding or termination of the contract by the Government.
H.5
GOVERNING LAW
The contract and the interpretation thereof shall be governed by the laws of the United States.
H.6
LANGUAGE PROFICIENCY
The 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.7
LAWS AND REGULATIONS
H.7.1 Compliance Required
The Contractor shall, without additional expense to the Government, be responsible for complying with all laws, codes, ordinances, and regulations applicable to the performance of the work, including those of the host country, and with the lawful orders of any governmental authority having jurisdiction. Host country authorities may not enter the facilities without the permission of the Contracting Officer. Unless otherwise directed by the Contracting Officer, the Contractor shall comply with the more stringent of the requirements of such laws, regulations and orders and of the contract. In the event of a conflict among the contract and such laws, regulations and orders, the Contractor shall promptly advise the Contracting Officer of the conflict and of the Contractor's proposed course of action for resolution by the Contracting Officer.
The Contractor shall provide on a monthly basis an environmental waste report which describes any occurrence of and disposal of hazardous waste encountered during performance of this contract and any resulting delivery orders issued herein.
H.7.2 Labor, Health and Safety Laws and Customs
The Contractor shall comply with all local labor laws, regulations, customs and practices pertaining to labor, safety, and similar matters, to the extent that such compliance is not inconsistent with the requirements of this contract.
H.7.3 Subcontractors
The Contractor shall give written assurance to the Contracting Officer that all subcontractors and others performing work on or for the project have obtained all requisite licenses and permits.
H.7.4 Evidence of Compliance
Proper documentation and evidence satisfactory to the Contracting Officer of compliance with this clause shall be submitted by the Contractor at such times as directed by the Contracting Officer.
H.8
RESPONSIBILITY OF CONTRACTOR
H.8.1 Damage to Persons or Property
The Contractor shall be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence, and shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others.
H.8.2 Responsibility for Work Performed
The Contractor shall be responsible for all materials delivered and work performed, except for any completed unit of work which may have been accepted in writing under individual delivery orders.
H.9
MAINTENANCE OPERATIONS
H.9.1 Operations and Storage Areas
(a) Confinement to Authorized Areas. The Contractor shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the Contracting Officer.
(b) Vehicular Access. The Contractor shall, and in accordance with any regulations prescribed by the Contracting Officer, use only established site entrances and roadways.
H.9.2 Use of Premises
(a) Occupied Premises. If the premises are occupied, the Contractor, its subcontractors, and their employees shall comply with the regulations promulgated by the Government governing access to, operation 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.10
SAFETY
H.10.1 Accident Prevision
(a) General. The Contractor shall provide and maintain work environments and procedures which 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--
(1) Comply with the standards issued by any local government authority having jurisdiction over occupational health and safety issues; and
(2) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for this purpose are taken.
(b) Records. The Contractor shall maintain an accurate record of exposure data on all accidents incident to work performed under this contract resulting in death, traumatic injury, occupational disease, or damage to or theft or loss of property, materials, supplies, or equipment. The Contractor shall report this data in the manner prescribed by the Contracting Officer.
(c) Subcontracts. The Contractor shall be responsible for its subcontractors' compliance with this clause.
(d) Written Program. Before commencing 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 relative to administration 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. This notice, when delivered to the Contractor or the Contractor's representative at site, shall be deemed sufficient notice of the non-compliance and corrective action required. After receiving the notice, the Contractor shall immediately take correction action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.
H.11
SUBCONTRACTORS AND SUPPLIERS
H.11.1 Claims and Encumbrances
The Contractor shall satisfy as due all lawful claims of any persons or entities employed by the Contractor, including subcontractors, materialmen and laborers, for all labor performed and materials furnished under this contract, including the applicable warranty or correction period, unless the Government shall be directly liable therefor by contract. 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, whether public or private, or any portion thereof, as a result of nonperformance of any part of this contract.
H.11.2 Approval of Subcontractors
(a) Review and approval. The Government reserves the right to review proposed subcontractors for a period of five (5) calendar days before providing notice of approval or rejection of any or all subcontractors.
(b) Rejection of subcontractors. The Government reserves the right to reject any or all subcontractors proposed if their participation in the project, as determined by the Contracting Officer, may cause damage to the national security interests of the United States. The Contractor agrees to promptly replace any subcontractor rejected by the Government under this clause.
H.12
CONTRACTOR PERSONNEL
H.12.1 Removal of Personnel
The Contractor shall maintain discipline at the site and at all times take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by or amongst those employed at the site and for the preservation of peace and protection of persons and property in the neighborhood of the project against the same. The Contracting Officer may require, in writing, that the Contractor remove from the work any employee that the Contracting Officer deems incompetent, careless, insubordinate or otherwise objectionable, or whose continued employment on the project is deemed by the Contracting Officer to be contrary to the Government's interests.
H.12.2 Maintenance Personnel Security
After award of the contract, the Contractor has ten calendar days to submit to the Contracting Officer a list of workers and supervisors assigned to this project for the Government to conduct all necessary security checks. It is anticipated that security checks will take 15 days to perform. For each individual the list shall include:
Full Name:
Place and Date of Birth:
Current Address:
Identification Number:
Failure to provide any of the above information may be considered grounds for rejections and/or resubmittal 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. This badge may be revoked at any time due to the falsification of data, or misconduct on site.
H.12.3. Standards of Conduct
(a) General. The Contractor shall maintain satisfactory standards of employee competency, conduct, cleanliness, appearance and integrity and shall be responsible for taking such disciplinary action with respect to employees as may be necessary. Each Contractor employee is expected to adhere to standards of conduct that reflect credit on themselves, their employer, and the United States Government. The Government reserves the right to direct the Contractor to remove an employee from the worksite for failure to comply with the standards of conduct. The Contractor shall immediately replace such an employee to maintain continuity of services at no additional cost to the Government.
(b) Uniforms and Personal Equipment. The Contractor 's employees shall wear clean, neat and complete uniforms when on duty. All employees shall wear uniforms approved by the Contracting Officer's Representative (COR).
(c) Neglect of duties shall not be condoned. This includes sleeping while on duty, unreasonable delays or failures to carry out assigned tasks, conducting personal affairs during duty hours and refusing to render assistance or cooperate in upholding the integrity of the worksite security.
(d) Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words, actions, or fighting shall not be condoned. Also included is participation in disruptive activities which interfere with normal and efficient Government operations.
(e) Intoxicants and Narcotics. The Contractor shall not allow its employees while on duty to possess, sell, consume, or be under the influence of intoxicants, drugs or substances which produce similar effects.
(f) Criminal Actions. Contractor employees may be subject to criminal actions as allowed by law in certain circumstances. These include but are not limited to the following actions: falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records or concealment of material facts by willful omission from official documents or records; unauthorized use of Government property, theft, vandalism, or immoral conduct; unethical or improper use of official authority or credentials; security violations; organizing or participating in gambling in any form; and misuse of weapons.
(g) Key Control. The Contractor shall receive, secure, issue and account for any keys issued for access to buildings, offices, equipment, gates, etc., for the purposes of this contract. Keys shall not be duplicated without the COR's approval. Where it is determined that the Contractor or its agents have duplicated a key without permission of the COR, the Contractor shall remove the individual(s) responsible from performing work under the contract. If the Contractor has lost any such keys, the Contractor shall immediately notify the COR. In either event, the Contractor shall reimburse the Government for the cost of rekeying that portion of the system so compromised.
H.13
MATERIALS AND EQUIPMENT
H.13.1 Selection and Approval of Materials
(a) Standard of Quality. All materials and equipment incorporated into the work shall be new and for the purpose intended, unless otherwise specified, and 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 in the work, or where specific approval is otherwise required by the contract, the Contractor shall furnish to the Contracting Officer, for approval, the names of the manufacturer, model number, and source of procurement of each such product, material or equipment, together with other pertinent information concerning the nature, appearance, dimensions, performance, capacity, and rating thereof, unless otherwise required by the Contracting Officer. Such information shall be provided in a sufficiently timely manner to permit evaluation by the Government against the requirements of the contract. When directed to do so, the Contractor shall submit samples for approval at the Contractor's expense, with all shipping charges prepaid. Installation or use of any products, materials or equipment without the required approval shall be at the risk of subsequent rejection.
H.13.2 Custody of Materials
The Contractor shall be responsible for the custody of all materials received for incorporation into the project, including Government furnished materials, upon delivery to the Contractor or to any person for whom it is responsible, including subcontractors. The Contractor shall deliver all such items to the site as soon as practicable. If required by the Contracting Officer, the Contractor shall clearly mark in a manner directed by the Contracting Officer all items of which the Contractor has custody but which have not been delivered or secured at the site, clearly indicating the use of such items for this U.S. Government project.
H.14 IMPORTED MATERIALS, EQUIPMENT, AND PERSONNEL
H.14.1 Shipment and Customs Clearance
(a). Costs to be Borne by Contractor for Scheduled Maintenance. The Contractor is responsible for paying all charges, whatsoever, except customs duties as provided herein, incurred in obtaining materials that must be imported for the project and in transporting the materials form their place or origin to the site. Moving costs shall include, but not necessarily be limited to packing, handling, cartage, overland freight, ocean freight, transshipment, port, unloading, customs, clearance and duties (other than customs duties as provided herein), unpacking, storage, and all other charges including administrative costs in connection with obtaining and transporting the materials from their source to the project site.
(b) Costs Allowed for Reimbursement to Contractor for Unscheduled/Emergency Services. If the Contractor is required to order imported materials/equipment for unscheduled/emergency services to complete the repairs, the Contractor is entitled to reimbursement at cost of transportation and handling charges. No overhead, profit, or other charge shall be considered. The Contractor shall follow the instruction for duty-free clearance outlined in paragraph (c) below. Failure to comply with these referenced instructions shall not be grounds for reimbursement by the Government of any costs associated with customs clearance/duties.
(c) Duty-Free Clearance. The Contractor shall follow the instructions of the Contracting Officer as to the manner of labeling the shipping containers or otherwise processing shipments of imported materials in order to obtain or continue to receive, duty free clearance through customs.
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