RFP 19FR6325Q0006- Cook services.pdf

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Embassy of the United States of America

U.S. Embassy Paris

Date: November 29, 2024

Dear Prospective Offeror:

Subject: Request for Proposals number 19FR6325Q0006

Enclosed is a Request for Proposals (RFP) for the services of a Cook. If you would like to submit a quotation, 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 that follows this letter.

The U.S. Government intends to award a contract/purchase order to the responsible company submitting an acceptable offer at the lowest price. We intend to award a contract/purchase order 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 Wednesday December 18, 2024 at 16:00 (French time). No proposals will be accepted after this time. Proposals must be in English and incomplete proposals will not be accepted.

Your proposal must be submitted electronically to ParisContracting@state.gov . It is important to make sure the submission is made in specific size and format; in MS-Word 2007/2010 or MS-Excel 2007/2010 or Adobe Acrobat (pdf) file format. The file size must not exceed 30MB. If the file size should exceed the 30MB, the submission must be made in separate files and attached to separate emails with less than 30MB each.

In order for a quotation to be considered, you must also complete and submit the following:

1. SF-33

2. Section B, Pricing

3. Section K Representations and Certifications

4. Additional information as required in Section L

Offerors shall be registered in the SAM (System for Award Management) database at https://www.sam.gov prior to submittal of their offer/proposal as prescribed under FAR 4.1102. Failure to be registered at time of proposal submission may deem the offeror’s proposal to be considered non-responsible and no further consideration will be given. Therefore, offerors are highly encouraged to register immediately if they are interested in submitting a response to this requirement.

Sincerely, Stanislas Parmentier

Contracting Officer mailto:ParisContracting@state.gov https://www.sam.gov/

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SOLICITATION, OFFER AND AWARD

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 350)

RATING PAGE OF PAGES

1 |

2. CONTRACT (Proc. Inst. Ident.) NO.

3. SOLICITATION NO.

19FR6325Q0006

4. TYPE OF SOLICITATION

[ ] SEALED BID (IFB)

[x] NEGOTIATED (RFP)

5. DATE ISSUED

November 29,

6. REQUISITION/PURCHASE NO.

PR14926685

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than item 7) American Embassy Paris Procurement Office 2 Avenue Gabriel 75008 Paris - France

NOTE: In sealed bid solicitation "offer" and "offeror” mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified, in the depository located in until Wednesday December 18 – at 16:00 local time.

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L. Provision No. 52.215-1. All offers are subject to all tems and conditions contained in this solicitation.

10. FOR INFORMATION CALL:

A. NAME

B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXT

C. E-MAIL ADDRESS

11. TABLE OF CONTENTS

(x) SEC. DESCRIPTION PAGE(S) (x) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM X I CONTRACT CLAUSES

X B SUPPLIES OR SERVICE AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACH.

X C DESCRIPTION/SPECS/WORK STATEMENT X J LIST OF ATTACHMENTS

X D PACKAGING AND MARKETING PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE X K REPRESENTATIONS, CERTIFICATIONS, AND

X F DELIVERIES OR PERFORMANCE OTHER STATEMENTS OF OFFERORS

X G CONTRACT ADMINISTRATION X L INSTRS., COND., AND NOTICES TO OFFERORS

X H SPECIAL CONTRACT REQUIREMENTS X M EVALUATION FACTORS FOR AWARD

OFFER (Must be fully completed by offeror) NOTE: ITEM 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (120 calendar days unless a different period is inseted by the offer) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENTSEE 14

(See section I, Clause No 52.232-8)

10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amendments to the solicitation and related documents ) numbered and dated:

15A. NAME AND ADDRESS

OF OFFEROR

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO

SIGN OFFER (Type or print)

15B. TELEPHONE NO.

(Include area code)

15C. CHECK IF REMITTANCE ADDRESS [ ] IS

DIFFERENT FROM ABOVE - ENTER SUCH ADDRESS

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEM NUMBERED

20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

[ ] 10 U.S.C. 2304(c)( ) [ ] 41 U.S.C. 253(c)( )

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

24. ADMINISTRATION BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print)

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

IMPORTANT - Award will be made on this form, or on the Standard Form 26, or by other authorized official written notice.

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SECTION B –

SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCOPE OF SERVICES

The Contractor shall provide personnel, as identified in this solicitation, to provide cook services in one of the US Embassy Paris buildings in Paris vicinity as described in Section C, DESCRIPTION/ SPECIFICATIONS/ WORK STATEMENT, of this contract.

B.2 TYPE OF CONTRACT

This is a fixed price type contract for the daily regular scheduled cook services for one (1) year base period. The fixed price shall include all work, including furnishing all labor, materials, equipment, and services, transportation and meal allowances, overhead (including cost of Workers’ Compensation and War-Hazard Insurance, which shall not be a direct reimbursement) and profit, unless otherwise specified. The Government shall issue a one-year scheduled task order.

An indefinite delivery/indefinite quantity type contract shall be awarded for overtime work. The Individual delivery order shall be issued using the fixed hourly rates identified below. The fixed hourly rates shall include wages, overhead, general, and administrative expenses, and profit. Hours and labor categories for these delivery orders shall be negotiated into a firm-fixed-priced delivery order using the standards identified in the Scope of work- Section C. The actual amount of work to be performed and the estimate of the overtime required shall be authorized by delivery orders issued by the Contracting Officer.

B.3 VALUE ADDED TAX

The Contractor shall include VAT as a separate charge on the Invoice and as a separate line item in Section B.

B.4 CURRENCY

All prices shall be submitted in Euros (€)

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B.5- COOK SERVICES

B.5.1 Regular scheduled services

(a) In consideration of satisfactory performance of all the scheduled services required under this contract, the Contractor shall be paid a fixed price per month for Regular scheduled cook services. No additional sums shall be payable on account of any escalation in the cost of materials, equipment, or labor (unless mandated by local law), or because of the Contractor 's failure to properly estimate or accurately predict the cost or difficulty of achieving the services required in the below scope of work.

Nor will the contract price be adjusted on account of fluctuations in the currency exchange rate.

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

B.5.2 Overtime

(a) The fixed hourly rates per labor category shall be used to establish firm fixed-price task orders.

Each task order shall be issued in advance and priced by multiplying the hourly rates by the number of hours required. Overtime shall apply beyond the 35 hours a week and shall not be more than 5hours a week making total work schedule to 40hours a week (or 8 hours a day).

B.5.3 Ordering

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

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

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B.6 PRICE SCHEDULE

CLIN Description of services Quantity Unit

Monthly cost in euros Excluding

VAT*

Total Cost in Euros Excluding

VAT

Fixed Scheduled Services

Services of a Cook for 35hours a week as specified in Section C 12 month

CLIN Description of services Estimated Quantity Unit

Hourly rate in euros Excluding VAT*

Total estimated Cost in Euros Excluding VAT

Possible overtime

Overtime work -during working days 168 hour

Overtime work- Weekends and holidays 72 hour

Total estimate in Euros Excluding VAT

20% VAT

Total estimate in Euros VAT Including

* Cost shall include the gross cook salary for regular hours, meal allowance, transportation allowance, employers contributions, administrative fees, profit and any related cost)

** Overtime is an estimate and shall apply on an as needed basis and invoiced on what is being done.

B.6.2 Minimum and Maximum Amounts for the overtime

During this contract period (base period + option period), the Government shall place orders totaling a minimum of 0 (zero) hour of overtime. This reflects the contract minimum for overtime for this period of performance. The amount of all overtime orders for the base period and option period shall not exceed 260 (two hundred sixty) hours of overtime. This reflects the contract maximum for overtime for this period of performance.

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SECTION C –

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 General

The U.S Embassy Paris is looking for an experienced cook to provide daily services for approximately 14 individuals based at the MSG Residence in Boulogne-Billancourt.

The Contractor shall provide all managerial, administrative, insurance and direct labor personnel that are necessary to accomplish all work required by this contract.

C.2 Specific requirements

The required services shall consist of three (3) meals preparation a day for each of the 14 (fourteen) individuals (breakfast, lunch and dinner), five (5) days a week from Monday to Friday. Breakfast shall be prepared on an order basis, the Marine needs to be awake to order with the Cook. Breakfast order hours will be 0900-1000 each morning Monday-Friday. Each meal for lunch and dinner shall be individually packaged, in containers provided by the US Government. Food materials and produce shall be supplied by the US Government COR based on menus and instructions of the Cook.

The Contractor shall cook the meals at the US Government Premise located in Boulogne-Billancourt.

The property is equipped with a semi-professional kitchen and the following Government furnished property shall be available to the Cook:

- 2x Stoves with ovens

- 2x Extra-large stainless-steel refrigerator

- 3x Regular size refrigerator

- Pots and pans

- 1x microwave

- 1x deep fryer

- 1x flat Iron grill inside the kitchen

The Contractor shall schedule meals preparation and plating in individual portions to ensure they are done in a timely manner for the individuals to start lunch at 11:00am.

The Cook shall be on site only for contractual duties and not for any other business purposes.

The area shall be accessible during scheduled and agreed hours from Monday to Friday. An escort shall be provided by the US Government to access the premise and security requirements shall be emphasized so that accidental security violations do not occur.

During French Holidays, the Cook shall not perform the services.

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After each meals’ preparation, the Cook shall clean the kitchen, all the dishes and appliances used while causing minimal disruption to the normal operation of the facility.

C.2.1) Menus

The Cook shall develop a 20-day menu cycle to be submitted to the COR for approval.

Menus shall offer a variety of food selection for each meal, based upon acceptability ratings, availability of food items, and food preparation limitations, as well as cost of operations.

The weekly menu shall consist of ten (10) different meals as well as a variety of salty and sweet offer for the breakfast. The Contractor shall provide three (3) different dishes each day: one dish for breakfast, one dish for lunch and another one for dinner. The fourteen (14) individuals shall all have the same dish.

In his/her selection, the Contractor shall consider potential special dietary needs and desires based upon ethnic experience, religious restrictions and food intolerance. The COR shall inform the Contractor if special dietary is required. The Contractor shall be able to make adjustments in the proposed weekly menus if proposed menus have not taken into consideration special dietary needed.

The Contractor shall consider simple quality dishes. The meals are meant for sporty young individuals and portions shall be sufficient in quantity (with a minimum of 350g).

The menus shall consist of a variety of quality prepared food for a well-balanced diet to include meat, a variety of vegetables, fruits, grain products and carbohydrates. Menus shall be low in total fat, saturated fat, cholesterol, sodium and sugar, with no trans-fats. The menus shall include lean meats and low-fat dairy products. No dessert is required. The menus shall incorporate local/ regional cuisine as well as American and international dishes. The Contractor shall use fresh, healthy ingredients to the maximum extent possible.

The food materials and produce shall be supplied by the US Government. Therefore, the Contractor shall determine all necessary ingredients to prepare the meals two weeks in advance and communicate the list to the COR who will be purchasing them on his own with the Cook help. Twice a month the Mess NCO will coordinate with the Cook and duty driver, a day to restock all necessary ingredients and make mess runs utilizing the Costco Card. Note: The Contractor shall not advance any payment for food replenishment. All foods served shall be wholesome and free from spoilage, free from adulteration and misbranding, and safe for human consumption. Uncooked items, such as fresh fruits, shall be clean and free from blemish. All foods shall, when served, be attractive in appearance and correct in consistency. They shall be crisp, moist, dry tender etc., as may be appropriate in each case. Heating instructions shall be indicated in the English language on the package if needed. The Contractor shall ensure food is not overcooked or undercooked, over seasoned or under seasoned.

Menus shall be written in English language.

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C.2.2) Regulations

The Contractor shall utilize the appropriate industry preparation standards for all the food products and menu items. The Contractor shall follow European and French regulations in terms of hygiene, food handling and safety. Each meal shall be labelled with the date of preparation and the date of expiration.

French food service sanitation and Public Health services standards, guidelines, codes and regulations shall be followed.

The Contractor shall maintain the kitchen clean, sanitized to the highest European and French Standards and shall maintain and retain reports on health and sanitation inspections.

The COR may require inspection of the kitchen from time to time.

C.2.3) Cook requirement

The Cook shall maintain sanitary conditions and good quality of services. The Cook shall have at least a ‘CAP Cuisine’ qualification or equivalent with a minimum of 2 years’ experience. The Cook shall be able to establish menus monthly. The Contractor shall comply with all applicable French labor laws and shall make sure security at work is maintained. The Contractor shall provide the necessary medical and work insurance required by French Labor Law to be able to perform the work on site.

The Contractor shall designate one point of contact, that speaks and writes English. All exchanges shall be made in English.

C.3 Confidentiality

All information received and transmitted by the Contractor shall be treated in accordance with the U.S.

privacy laws and under the “GDPR”- General Data Protection Regulation- in place in EU. The Contractor shall agree to maintain strict professional confidentiality in accordance with such standards as may be set or approved by the Government, concerning any information related to performance of this contract. All employee data shall be treated and transferred in a secure manner. All documents generated by the Contractor under this contract shall become and remain the Government property.

Payment of the tax revenue to the appropriate French Authorities shall be done in a manner that protects employees data security. The transfer of data shall identify employees by payroll number only.

Information provided by the Government shall be held strictly confidential and treated in a secure manner. Any records, correspondence or other material furnished to or generated by the Contractor shall be destroyed after 6 years.

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SECTION D –

PACKAGING AND MARKING

D.1. MATERIALS DELIVERED TO THE SITE SHALL BE MARKED AS FOLLOWS:

US EMBASSY PARIS

ADDRESS TO BE CONFIRMED AFTER AWARD

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SECTION E –

INSPECTION AND ACCEPTANCE

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. In addition, the full text of a clause may be accessed electronically at: Acquisition.gov this address is subject to change.

If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use the Department of State Acquisition website at e-CFR to see the links to the FAR. You may also use an Internet “search engine” (for example, Google, Yahoo or Excite) to obtain the latest location of the most current FAR.

FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)

CLAUSE TITLE AND DATE

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

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

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

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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.

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E.3 QUALITY CONTROL MANAGEMENT

E.3.1 – Quality control

Contractor shall specifically provide oversight to all food inspection activities while working within the requirements set forth by food service standards and regulations, the DOS Regional Medical Officer (RMO) and DOS Contracting Officer’s Representative (COR) in completing the following duties:

• Food Handling Procedure

• Adherence to HACCP

• Menu Execution and Presentation

• Kitchen inspections

• Food Storage inspections

E.3.2- Food Inspection Resources

The Contractor shall provide resources to perform food handler training, public and food facility inspections, vulnerability assessments and QA/QC monthly reports for the MSGR kitchen. These requirements shall meet or exceed established FDA, USDA requirements. The kitchen shall be inspected on a routine basis or as determined by the individual sanitation history and the potential risk associated with the number of personnel eating at a single site. The Contractor’s Cook shall receive periodic refresher training and a medical records review of new employees. The Contractor’s Cook shall be medically cleared prior to returning to work after receiving medical care.

E.3.3- Standard Operation Procedures (SOP)

The Contractor shall develop kitchen usage food SOP and, upon COR approval of the SOP, apply the SOP during periodic site inspections. The contractor shall provide monthly quality control reports and perform overall trending by facility and contractor to the DOS COR. All phases of food service operations shall be evaluated against contractual requirements. The Contractor shall provide monthly reports on QA/QC, inspection findings and notification to the COR when follow-up action is needed, or a health hazard is identified during data analysis

E.3.4- Medical Evaluation of the Cook

The Contractor’s Cook who seeks medical treatment must be medically cleared prior to returning to work. In the event there is a communicable disease, appropriate health recommendations shall be elevated to DOS onsite supervisors and the facility manager.

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SECTION F –

DELIVERIES OR PERFORMANCE

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. In addition, the full text of a clause may be accessed electronically at: Acquisition.gov this address is subject to change.

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

FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)

52.242-15 STOP-WORK ORDER (AUG 1989)

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

F.2. PERIOD OF PERFORMANCE

The contract shall be effective on the date of the Contracting Officer's signature, and shall remain in effect until January 31, 2026

F.3. WORKING HOURS

All work shall be performed during Monday through Friday from 8:00 to 16:00, except for the French 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.

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

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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 Detachment Commander

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.

652.232-70 – Payment schedule and invoice submission (fixed-price) (Aug 1999)

(a) General. The Government shall pay the contractor as full compensation for all work required, performed, and accepted under this contract the firm fixed price stated in this contract.

(b) Invoice Submission. The contractor shall submit invoices preferably by email to ParisFMCDBO1@state.gov or in an original and 1 (one) copy to:

AMERICAN EMBASSY PARIS

A l’attention de : FMO VOUCHER / DBO 2, avenue Gabriel 75382 PARIS Cedex 08 Tél. : 01.43.12.22.22

To constitute a proper invoice, the invoice shall include all the items required by FAR 32.905(e).

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

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G.2.2. Detail of Payment Requests

Each application for payment, which shall be made no more frequently than monthly, unless otherwise provided herein, shall cover the fixed price for the regular scheduled services completed and in place for individual delivery orders.

In addition, the Contractor shall provide the following support for each request for payment for any overtime :

- Time sheets to support the number of hours worked for potential overtime for each day and signed by the COR that work has been completed.

G.2.3. Payments to Subcontractors

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

G.2.4. Evaluation by the Contracting Officer

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

G.2.5 Payment

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

G.3 VALUE ADDED TAX

The Contractor shall include VAT as a separate charge on the Invoice and as a separate line item in Section B.

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G.4 Recordkeeping Requirements

G.4.1 The Contractor and the COR shall both maintain a complete and accurate management file. The file shall contain as a minimum, the following items:

(a) The Government's copies of all task orders issued under this contract, and all 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.

(b) Contractor's Service Report forms, documenting arrival and departure time of the Contractor's representative performing the service.

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

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SECTION H –

SPECIAL CONTRACT REQUIREMENTS

H.1 ISSUANCE OF TASK ORDERS FOR OVERTIME

(a) Overtime 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. Overtime services may require the use of oral orders however a written order shall be provided within 3 business days of the verbal authorization.

(b) The Contractor shall perform only those overtime 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)

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

Per Occurrence 7,500,000 euros

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

Per Occurrence 7,500,000 euros

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

The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to any property of the Contractor, its officers, agents, servants, and employees, or any other person, arising from and incident to the Contractor's performance of this contract. The Contractor shall hold harmless and indemnify the Government from any and all claims arising therefrom, except in the instance of gross negligence on the part of the Government.

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

H.4.1 Government as Additional Insured

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

H.4.2 Insurance-Related Disputes

Failure to agree to any adjustment contemplated under this contract regarding insurance shall be a dispute within the meaning of the clause in Section I, 52.233-1, Alternate I, "Disputes". However, nothing in this clause shall excuse the Contractor from proceeding with the work.

H.4.3 Time for Submission of Evidence of Insurance

The Contractor shall provide evidence of the insurance required under this contract at time of bidding.

Failure to timely submit this evidence, in a form acceptable to the Contracting Officer, may result in rescinding the Contractor offer by the Government.

H.5 GOVERNING LAW

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

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H.6 LANGUAGE PROFICIENCY

The manager assigned by the Contractor to superintend the work on-site 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.

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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.9 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.

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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.

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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, for all labor performed 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 Personnel Security

After award of the contract, the Contractor has ten calendar days to submit to the Contracting Officer the information of the Cook assigned to this project for the Government to conduct all necessary security checks. The information shall include:

Full Name:

Place and Date of Birth:

Current Address:

Identification Number:

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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.

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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.12.4- Employee safety Requirements

Contractor shall ensure that employees are supplied with and use proper safety personal protective equipment (PPE) such as aprons and potholders.

Contractor employees shall follow signed safety work procedures, which protect the Contractor employees and DOS personnel in proximity to work site.

H.12.5- Substitutions or replacement

During the performance of the contract, the Contractor shall make no substitutions of key personnel unless the substitution is required due to illness, death, or termination of employment. The Contractor shall provide notice at least 45 days prior to diverting any of the specified individuals to other programs or contracts (or as soon as possible, if an individual must be replaced, for example, as a result of leaving the employ of the Contractor).

The Contractor will notify the CO and shall submit comprehensive justification for the diversion or replacement request (including proposed substitutions for key personnel) to permit evaluation by the Government of the impact on performance under this contract. The proposed substitute shall possess qualifications comparable to the original key person and meet the minimum standards set forth in the contract.

The Contractor shall not divert or otherwise replace any key personnel without the written consent of the CO. The Government will modify the contract to reflect any changes in key personnel.

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SECTION I

CONTRACT CLAUSES

I.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

FEDERAL ACQUISITION REGULATION (48 CFR CH. 1):

52.202-1 DEFINITIONS (JUN 2020)

52.203-3 GRATUITIES (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)

52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER

ACTIVITY (MAY 2014)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS

(JUN 2020)

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV 2021)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023)

52.204-4 RESERVED

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

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52.204-7 SYSTEM FOR AWARD MANAGEMENT (NOV 2024)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS

(JUN 2020)

52.204-12 UNIQUE ENTITY IDENTIFIER MAINTENANCE (OCT 2016)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS

(DEC 2014)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES

(DEC 2023)

52.204-25 PROHIBITION ON…