Solicitation ref. 19FR6325R0011.pdf

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

19FR6325R0011

2. TYPE OF SOLICITATION

SEALED BID (IFB)

[x] NEGOTIATED (RFP)

3. DATE ISSUED

Sept. 23, 2025

PAGE OF PAGES

IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

PR15610240

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

Contracts Office, AM 8 American Embassy 2 Avenue Gabriel 75008 Paris, France

Phone: (33) 1 43 12 25 13

9. FOR INFORMATION

CALL:

A. NAME

Mrs. Séverine Ruinot B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

01 43 12 25 13

SOLICITATION

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

Temporary support services for the U.S. Mission in Paris.

11. The Contractor shall begin performance within 7 calendar days and complete it within 365 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See _______________.)

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If “YES,” indicate within how many calendar days after award in Item 12B.)

YES NO

12B. CALENDAR DAYS

10 days

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __1__ copies to perform the work required are due at the place specified in Item 8 by 16 h 00 local time on October 6, 2025. If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within _____ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

Stanislas Parmentier

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)

Solicitation No. 19FR6325R0011 Page: 3 of 81

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCOPE OF SERVICES

The U.S. Embassy, Paris, France requires temporary support services in the Facilities Section for a period of six (6) months with an option to extend for an additional six-month period. The location for these services is Paris, Neuilly sur Seine and Boulogne Billancourt (92), FRANCE.

B.2 TYPE OF CONTRACT

This is an IDIQ type contract. This unit prices shall be fully loaded and include all fees and contributions as required by French law.

B.3 PRICES/COSTS

B.3.1. All prices shall be submitted in Euros (€). US firms can submit prices and be paid in US dollars.

Value Added Tax (VAT): the Contractor shall include VAT as a separate charge on the Invoice and as a separate line item in

Section B. Value Added tax (VAT) is not included in the CLIN rates. Instead, it will be priced as a separate Line Item in the contract and on Invoices. The amount of VAT to be charged is 20%. Local law dictates the portion of the contract price that is subject to VAT; this percentage is multiplied only against that portion. It is reflected for each performance period.

B.3.1.2 Prices shall remain fixed and unchanged during the entire covered period. No changes shall be made (increase or decrease shall not be accepted depending on the qualification or experience of the candidate)

B.3.2 Ordering

The Contractor shall provide the following services for the prices as stated below. All prices are in Euros. The prices include all direct and indirect costs. No other charges will be accepted.

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

(b) Contractor will be asked to submit a price proposal when given a draft scope of work for an unscheduled task.

(c) Contracting Officer will negotiate and develop firm-fixed-priced delivery/task orders for each unscheduled or emergency task that needs to be performed.

(d) All delivery/task 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.4 BASE PERIOD PRICES

B.4.1 Base Period of Services (from October 20, 2025, through April 19, 2026)

Contract Line Item Number

(CLIN)

Description Qualification Qty/ Duty hours

Unit Price/Gross

Hourly Rate HT in

EUR

Rate amount applied

(Coefficient)

Total estimated number of hours

Total Estimated Price HT (w/o taxes) in EUR

0001 Carpenter OHQ B1 hrs/wk hours

HOLIDAYS

49 hrs 49

(US &

French

= 7 days)

Registration fees

Total estimated price HT

VAT 20%

/ A / TOTAL ESTIMATED PRICE FOR PERIOD ALL TAX.INC. TTC

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If any overtime is required, the following rates shall apply:

OVERTIME CLINs

Line Item Number

(=CLIN)

Description Quantity Unit price/hourly rate in EUR

Rate amount applied

(Coefficient)

Total estimated price HT (w/o

0003 Overtime 125% 1

0004 Overtime 150% 1

0005 Overtime 200% 1

Total estimated price HT (w/o taxes)

VAT 20%

/B/ TOTAL ESTIMATED PRICE ALL TAX.INCL TTC

/ A + B / TOTAL ESTIMATED PRICE FOR PERIOD ALL TAX.INCL TTC

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B.4.2. Option Period of Services (from April 20, 2026, through October 19, 2026 i.e. for a six-month period).

Line Item Number

(CLIN)

Description Qualification Qty/ Duty hours

Unit Price/Gross

Hourly Rate HT in

EUR

Rate amount applied

(Coefficient)

Total estimated number of hours

Total Estimated Price HT (w/o

0001 Carpenter OHQ B1

35 hrs/wk

840 hours

HOLIDAYS

70 hours 70

(US &

French

= 10 days)

Registration fees

Total estimated price HT

VAT 20%

/ C / TOTAL ESTIMATED PRICE FOR PERIOD ALL TAX.INC. TTC

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If any overtime is required, the following rates shall apply:

OVERTIME CLINs

Line Item Number

(=CLIN)

Description Quantity Unit price/hourly rate

Rate amount applied

(Coefficient)

Total estimated price HT (w/o

0003 Overtime 125% 1

0004 Overtime 150% 1

0005 Overtime 200% 1

Total estimated price HT (w/o taxes)

VAT 20%

/D / TOTAL ESTIMATED PRICE ALL TAX.INCL TTC

/ C + D / TOTAL ESTIMATED PRICE FOR PERIOD ALL TAX.INCL TTC

B.4.3. ESTIMATED GRAND TOTAL:

B.5 Minimum And Maximum Amounts

Price in EURO All Tax included

B.4.1 Base Period

EUR TTC

B.4.2 Option Period EUR TTC

GRAND TOTAL ESTIMATED PRICE EUR TTC

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During this contract period, the Government will place orders totaling a minimum of €2,000.00. The maximum quantity of all orders shall not exceed €110,000.00 for this period of performance.

B.5.1 Contract Line Items

The hourly rates listed in CLIN 0001 shall be fully loaded hourly rates including meal allowances (based on €10.30 ht/day), transportation costs and any other elements required under French Labor laws.

The overtime hours listed from CLINS 0003 to 0005 shall be applied at the various percentage rates mandated by French law and shall also be fully loaded. It should be noted that the US Embassy observes both French and American national holidays (CLIN 0002), but no overtime shall be applied for any work performed during normal working hours on American holidays.

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SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 INTRODUCTION

C.1.1 General:

The U.S. Embassy, Paris, France requires the services of one (1) carpenter for a six-month period from October

20th, 2025 thru April 19th, 2026 with an additional six-month period to extend services if required.

C.1.2 Duties and responsibilities

- The installation of new kitchen cabinets, equipment, fixtures and fittings

- The manufacture of timber cabinets, etc. using workshop’ equipment

- The checking, adjusting and replacing of doors, windows, etc. in offices and residences.

- Hand tools (such as screwdriver, carpenter pliers, chisels, handsaw, triangle, measuring tape, hammer, plane)

C.1.3 Skills and Abilities

Technicians must have their own hand tools. Technicians must be rated OHQ B1 (Ouvrier Hautement

Qualifie/Highly Qualified Tradesman) as determined by the “Convention Collective du Batiment” for this service. The minimum qualification required is a vocational diploma "CAP or BAC Pro Menuiserie” with a minimum of 3 years of experience.

The technician shall be familiar with the safe working procedures of their trade and shall ensure, continually:

- His own safety.

- The safety of his working colleagues.

- The safety of those around them.

- The technician shall be required to work either independently or as part of a multi-trades team.

Although based at 2 avenue Gabriel, 75008 Paris, the work to be carried out will be at various locations in and around Paris primarily in the Neuilly sur Seine and Boulogne-Billancourt compounds.

The working hours shall be 35 per week [09:00am to 12:00pm and 13:00pm to 17:00pm Monday to Friday] excluding American and French holidays.

The Embassy shall provide relevant power tools to the technician who shall be responsible for their correct and safe utilization, safe keeping and return to the U.S. Government at the end of the employment period. The technician shall be equipped with safety shoes as well as his portable equipment as listed above.

Occasional over-time working shall be required.

Bidders shall indicate in their offer:

- The hourly and weekly rate.

- The hourly overtime rate [evenings, Saturdays and Sundays].

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All proposals shall be submitted in English.

C.1.4. Contractor Requirements

Any sub-contractors shall have at least three years of prior contractual agreement with the prime contractor.

C.1.5 Firm Fixed Price without Adjustment

In consideration of satisfactory performance of all the scheduled services required under this contract, the Contractor shall be paid a fixed price per hour. No additional sums will be payable on account of any escalation in the cost of materials, equipment or labor (unless mandated by French local law), or because of the Contractor's failure to properly estimate or accurately predict the cost or difficulty of achieving the results required by the maintenance plan is. Nor will the contract price be adjusted on account of fluctuations in the currency exchange rate.

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SECTION D - PACKAGING AND MARKING

RESERVED

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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.arnet.gov/far or, http://farsite.hill.af.mil/search.htm

These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Dept. of State Acquisition Website at http://www.statebuy.gov/home.htm to see the links to the FAR. You may also use a network “search engine” (e.g., Yahoo, Excite, Alta Vista, etc.) to obtain the latest location of the most current FAR.

FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)

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 Para Performance Threshold

Services.

Performs all maintenance services set forth in the performance work statement (PWS)

Section C 1.1 thru C 1.5

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 http://www.statebuy.gov/home.htm

Solicitation No. 19FR6325R0011 Page: 13 of 81 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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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.arnet.gov/far or, http://farsite.hill.af.mil/search.htm

These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Dept. of State Acquisition Website at http://www.statebuy.gov/home.htm to see the links to the FAR. You may also use a network “search engine” (e.g., Yahoo, Excite, Alta Vista, etc.) to obtain the latest location of the most current FAR.

FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)

52.242-14 SUSPENSION OF WORK APR 1984

52.242-15 STOP-WORK ORDER AUG 1989

52.242-17 GOVERNMENT DELAY OF WORK APR 1984

F.2 PERIOD OF PERFORMANCE

F.2.1 The performance period of this contract is twenty-six (26) weeks from the date of contract award.

F.2.3 The Government may extend this contract up to twenty-six (26) weeks in accordance with the option clause in Section I. 52.217-9, Option to Extend the Term of the Contract, which also specifies the total duration of this contract. See also Section I, FAR 52.217-8, Option to Extend Services, for up to an additional twenty-six

(26) weeks of optional performance, not to exceed 52 weeks, if required by the Government http://www.statebuy.gov/home.htm

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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 act 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 Management Supervisor of the American Embassy Paris

G.1.2 Duties:

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

G.2 PAYMENT

G.2.1 General:

The Contractor's attention is directed to Section I, 52.232-1, "Payments", and 52.232-5, "Payments Under Fixed-Price Construction Contracts". The following subsections elaborate upon the information contained therein. All invoices should attach a copy of the signed work orders completed that month and status information on those not completed. Completed work orders shall bear the signature of the contractor’s quality control personnel. Work orders shall consist of all preventive maintenance orders as well as unscheduled and emergency orders issued since the submittal of the last invoice.

Invoices shall be submitted in an original to the Contracting' Officer's Representative (COR) at the following address (designated payment office only for the purpose of submitting invoices):

American Embassy FMC Vouchers / DBO 2 avenue Gabriel 75382 Paris Cedex 08

The Contractor shall submit invoices preferably by email to Parisfmcdbo1@state.gov.

mailto:Parisfmcdbo1@state.gov

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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 service fee completed and in place for individual delivery orders.

- Time sheets to support the number of hours worked and signed by the Contracting Officer’s approving official that work has been completed.

G.2.3 Payments to Subcontractors:

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

G.2.4 Evaluation by the Contracting Officer:

Following receipt of the Contractor's request for payment, and on the basis of actual worked hours, 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, the Contracting Officer shall advise the Contractor of the reasons, therefore.

G.2.5 Additional Withholding:

Independently of monies retained by the Government under 52.232-5, or otherwise as permitted to be retained under this contract, the Government may withhold from payments due the Contractor any amounts as may be considered necessary to cover

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

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

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

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

G.2.6. Payment:

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

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G.3 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:

- The Government's copies of all task orders issued under this contract, and all inspection reports completed by the COR (OF-127). These forms will be supplied to advise the Contractor of service requests and to document the performance of all work, including emergency work.

- 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.

G.4 VAT

The contractor shall show Value Added Tax (VAT) as a separate item on invoices submitted for payment. The VAT for this contract is 20%.

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 ISSUANCE OF TASK ORDERS FOR UNSCHEDULED/EMERGENCY WORK

(a) Unscheduled work and emergency work shall be authorized only through the issuance of task orders executed by the Contracting Officer. Task orders shall be established on a firm fixed-price basis (using the hourly rates identified in Section B and negotiated hours) and shall be modified solely by a written modification executed by the Contracting Officer. Emergency services may require the use of oral orders however a written order shall be provided within 3 business days of the verbal authorization.

(b) The contractor shall perform only those unscheduled/emergency services specifically authorized in the individual delivery orders issued under this contract. The contractor shall complete all work and services under this contract within the period of performance specified in the delivery orders except that no delivery order shall be issued hereunder after the expiration of this contract.

H.2 ORDERING OFFICIAL

In accordance with FAR 52.216-18 ORDERING (OCT 1995), the designated ordering individual for this contract is the Contracting Officer.

H.3 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:

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

1. Bodily Injury on or off site stated in €:

Per Occurrence 8,000,000.00

2. Property Damage on or off site in €:

Per Occurrence 1,000,000.00

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 there from, except in the instance of gross negligence on the part of the Government.

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

H.3.1 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.3.2 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.3.3 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.

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H.4 GOVERNING LAW

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

H.5 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 competent in written and spoken English.

H.6 LAWS AND REGULATIONS

H.6.1 Compliance Required:

The Contractor shall, without additional expense to the Government, be responsible for complying with all 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.6.2 Labor, Health and Safety Laws and Customs:

The Contractor shall comply with all local labor laws, regulations, customs and practices pertaining to labor, safety, and similar matters, to the extent that such compliance is not inconsistent with the requirements of this contract.

H.6.3 Subcontractors:

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

H.6.4 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.7 RESPONSIBILITY OF CONTRACTOR

H.7.1 Damage to Persons or Property:

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

H.7.2 Responsibility for Work Performed:

The Contractor shall be responsible for all materials delivered and work performed, except for any completed unit of work, which may have been accepted in writing under individual delivery orders.

H.8 MAINTENANCE OPERATIONS

H.8.1 Operations and Storage Areas:

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

(b) Vehicular Access. The Contractor shall, and in accordance with any regulations prescribed by the Contracting Officer, use only established site entrances and roadways.

H.8.2 Use of Premises:

(a) Occupied Premises. If the premises are occupied, the Contractor, its subcontractors, and their employees shall comply with the regulations promulgated by the Government governing access to, operation of, and conduct while in or on the premises 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 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.9 SAFETY

H.9.1. Accident Prevention

(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, 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.10 SUBCONTRACTORS AND SUPPLIERS

H.10.1 Claims and Encumbrances

The Contractor shall satisfy as due all lawful claims of any persons or entities employed by the Contractor, including subcontractors, material men 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.10.2 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.

(c) All subcontractors are required to check in SAM to ensure they are not on the debarred list prior to approval or rejection.

H.11 CONTRACTOR PERSONNEL

H.11.1 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 projects/works is deemed by the Contracting Officer to be contrary to the Government's interests.

H.11.2 Maintenance Personnel Security:

After award of the contract, the Contractor has 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 30 days to perform. For each individual the list shall include:

- Request for UNESCORTED ACCESS for contractors (form provided by RSO),

- Certificate indicating the date when employee started working for the contractor,

- Proof of official address (eg. EDF invoice),

- Copy of the ID card,

- Police criminal record certificate (extrait de casier judiciaire).

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

H.11.3 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) Protective Clothing and Personal Equipment. The contractor's employees shall wear clean, neat and complete protective clothing when on duty. The contractor shall provide for each employee and supervisor, clothing and personal equipment as appropriate. The contractor shall bear the cost of purchasing, cleaning, pressing, and repair of the clothing.

(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 re-keying that portion of the system so compromised.

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H.12 MATERIALS AND EQUIPMENT

H.12.1 Selection and Approval of Materials:

(a) Standard of quality. All materials and equipment incorporated into the work shall be new and for the purpose intended, unless otherwise specified, 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.12.2 Custody of Materials:

The Contractor shall be responsible for the custody of all materials received for incorporation into the project, including Government furnished materials, upon delivery to the Contractor or to any person for whom it is responsible, including subcontractors. The Contractor shall deliver all 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.13 IMPORTED MATERIALS, EQUIPMENT, AND PERSONNEL

H.13.1 Shipment and Customs Clearance:

(a) Costs to be borne by Contractor. 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 from their place or origin to the construction 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.

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(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. The Contractor shall be responsible for the payment of customs duties, if any, which (1) are imposed on items which are not labeled and processed in accordance with the Contracting Officer's instructions, (2) are imposed on the Contractor's tools, construction equipment and machinery imported for use on the project, or (3) are otherwise ineligible for duty-free entry.

(d) Customs Clearance. The Government will be responsible for obtaining customs clearances, and for obtaining exemption certificates or paying customs duties not waived, for imported products, materials and equipment which are labeled and processed in accordance with the Contracting Officer's instructions. The Government shall not be responsible for obtaining customs clearance for the Contractor's tools, construction equipment or machinery, nor for obtaining visas, entry or work permits for the Contractor's personnel.

H.13.2 Surplus Materials:

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

H.14 SPECIAL WARRANTIES

H.14.1 Special Warranty Obligations:

Any special warranties that may be required under the contract shall be subject to the stipulations set forth in Section I, 52.246-21, "Warranty of Construction", insofar as they do not conflict with the provisions of such special warranties.

H.14.2 Warranty Information:

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

H.15 NONCOMPLIANCE WITH CONTRACT REQUIREMENTS

In the event the Contractor, after receiving written notice from the Contracting Officer of noncompliance with any requirement of this contract, fails to initiate promptly such action as may be appropriate to comply with the specified requirement within a reasonable period of time, the Contracting Officer shall have the right to order the Contractor to stop or suspend any or all work under the contract until the Contractor has complied or has initiated such action as may be appropriate to comply within a reasonable period of time. The Contractor will not be entitled to any extension of contract time or payment for any costs incurred as a result of being ordered to stop work for such a cause. See FAR 52.252-14, Suspension of Work, in Section I.

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H.16 CONTRACTOR INVENTORY PROGRAM

The Contractor shall establish a plan to include written maintenance, use, and inventory programs for all property, equipment, and materials used in performance of the contract. The inventory system shall ensure that preventive maintenance spare parts are in stock when needed. This includes both Contractor furnished materials and Government furnished property. Use procedures shall ensure that the property, equipment, and materials, will be used only for those purposes authorized in the contract. The inventory program shall include procedures for conducting physical inventories, including scheduling, responsibilities, and recordkeeping, for all property, equipment and materials used by the Contractor. Negligent use of Government furnished property that results in damage or destruction is cause for repair or replacement at the Contractor's expense (see C.8 and F.3).

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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 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)

52.202-1 DEFINITIONS (JUN 2020)

52.203-3 GRATUITIES (APR 1984)

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…