Soliciation_19GE5018R0023.pdf

Request for Proposals

Preventive Maintenance of HVAC system at US Embassy London, United Kingdom

RFP No. 19GE5018R0023

American Consulate General Regional Procurement Support Office (RPSO) Giessener Strasse 30 D-60435 Frankfurt am Main, Germany

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

19GE5018R0023

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

02/26/2018

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Wilhelm Fleming

b. TELEPHONE NUMBER (No collect calls)

c. EMAIL flemingwm@state.gov

8. OFFER DUE DATE / LOCAL

TIME

03/28/2018 15:00:00

CODE FRANK

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

FRANKFURT, 60435

GERMANY

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

LONDOCODE15. DELIVER TO

AMERICAN EMBASSY LONDON

33 NINE ELMS LANE

ATTN: NEW LONDON EMBASSY

LONDON, SW11 7US

UNITED KINGDOM

CODE FRANK16. ADMINISTERED BY

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

FRANKFURT, 60435

GERMANY

FACILITY

CODE

CODE

Contact Duns Telephone No.

17a. CONTRACTOR/OFFEROR LONDOCODE18a. PAYMENT WILL BE MADE BY

AMERICAN EMBASSY LONDON

33 NINE ELMS LANE

ATTN: FMC

LONDON, SW11 7US

UNITED KINGDOM

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

(Use Reverse and/or Attach Additional Sheets as Necessary)

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Line Items Section

25. ACCOUNTING AND APPROPRIATION DATA

See Line Item Detail

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCES FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN __1__ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. OFFER DATED . YOUR OFFER ON

SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR CHANGES WHICH

ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

Fabiola A. Bellevue 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

19GE5018R0023

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form

1.1. DESCRIPTION OF SERVICES

1.2. TYPE OF CONTRACT

1.3. PERIOD OF PERFORMANCE

1.4. VALUE ADDED TAX (VAT)

1.5. ABBREVIATIONS

2.0. CONTRACT PRICE

3.0. EQUIPMENT AND PERFORMANCE REQUIREMENTS

4.0. HOURS OF PERFORMANCE

652.237-72 OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE (FEB

2015)

652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)

5.0. SUBMISSION OF INVOICES

5.1. CONTRACT ADMINISTRATION DATA

6.1. CONTRACTOR IDENTIFICATION

6.2. ACCESS TO GOVERNMENT BUILDINGS AND STANDARDS OF CONDUCT

7.0. SCHEDULED PREVENTIVE MAINTENANCE

8.0. PERSONNEL, TOOLS, CONSUMABLE MATERIALS AND SUPPLIES

9.0. SOFTWARE, LICENSES AND PASSWORDS

10.0. DELIVERABLES

11.0. INSURANCE REQUIREMENTS

12.0. LOCAL LAW REGISTRATION

13.0. QUALITY ASSURANCE PLAN (QAP)

14.0. TRANSITIONS/CONTACTS

15.0. LIST OF ATTACHMENTS

2 Contract Clauses 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-13 System for Award Management Maintenance (Oct 2016) 52.204-14 Service Contract Reporting Requirements (Oct 2016) 52.228-5 Insurance - Work on a Government Installation (Jan 1997) 52.229-6 Taxes - Foreign Fixed-Price Contracts (Feb 2013) 52.212-4 Contract Terms and Conditions--Commercial Items (Jan 2017) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (Nov 2017) 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas (Apr 1984)

652.204-70 DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARD POLICY AND

PROCEDURES (FEB 2015)

652.232-70 Payment Schedule and Invoice Submission (Fixed-Price)(Aug 1999) 652.225-71 SECTION 8(a) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED

(AUG 1999)

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

652.229-70 EXCISE TAX EXEMPTION STATEMENT FOR CONTRACTORS WITHIN THE

UNITED STATES (JUL 1988)

3 Solicitation Provisions 52.212-1 Instructions to Offerors--Commercial Items (Jan 2017) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.204-7 System for Award Management (Oct 2016) 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016) 52.214-34 Submission of Offers in the English Language (Apr 1991) 52.237-1 Site Visit (Apr 1984)

652.206-70 ADVOCATE FOR COMPETITION/OMBUDSMAN (FEB 2015)

16.0. PRE-PROPOSAL CONFERENCE

17.0. QUALIFICATION OF OFFERORS

18.0. SUMMARY OF PROPOSAL INSTRUCTIONS

19.0. PROPOSAL DUE DATE

4 Evaluation Factors 52.217-5 Evaluation of Options (July 1990) 52.225-17 Evaluation of Foreign Currency Offers (Feb 2000)

20.0. GENERAL

20.1. BASIS FOR AWARD

20.2 AWARD SELECTION

20.3 AWARD WITHOUT DISCUSSIONS

20.4. CONTRACT AWARD

5 Representations and Certifications 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications (Oct 2015) 52.212-3 Offeror Representations and Certifications--Commercial Items (Nov 2017)

21.0. AUTHORIZED CONTRACT ADMINISTRATOR

PLEASE NOTE THAT THIS PAGE (COMPLETED BY THE

OFFEROR) WILL BE DUPLICATED WITH A COMPUTER

GENERATED PAGE SHOWING BOTH THE AMOUNTS

OF THE ORIGINAL PROPOSAL AND FISCAL DATA

001 Preventive Maintenance of:

CENTRIFUGAL WATER CHILLERS

To include daily, weekly and monthly services for two (2) units.

12.00 MO

To include service for all equipment associated with the Centrifugal water chillers:

Hydronic Pumps, HVAC Power Ventilators, Air Terminal Units (VAV) and Heat Exchangers for HVAC

Doc Ref No:

Delivery Date FOB:

002 Preventive Maintenance of:

DEDICATED HEAT RECOVERY CHILLERS (DHR

Chillers) To include daily, weekly and monthly services for one (1) modular unit.

12.00 MO

To include service for all equipment associated with the DHR chillers:

Hydronic Pumps, HVAC Power Ventilators, Air Terminal Units (VAV) and Heat Exchangers for HVAC

Doc Ref No:

Delivery Date FOB:

003 Preventive Maintenance of:

COOLING TOWERS

To include daily, weekly and monthly services for two (2) units.

12.00 MO

To include service for all equipment associated with the Cooling Towers:

Hydronic Pumps, HVAC Power Ventilators, Air Terminal Units (VAV) and Heat Exchangers for HVAC

Doc Ref No:

Delivery Date FOB:

004 Preventive Maintenance of:

AIR HANDLING UNITS (AHUs) To include daily, weekly and monthly services for thirty-three (33) units.

12.00 MO

To include service for all equipment associated with the AHU's:

Hydronic Pumps, HVAC Power Ventilators, Air Terminal Units (VAV) and Heat Exchangers for HVAC

Doc Ref No:

Delivery Date FOB:

005 Preventive Maintenance of:

AIR COOLER CHILLER

To include daily, weekly and monthly services for one (1) unit.

12.00 MO

To include service for all equipment associated with the Air Cooler Chiller:

Hydronic Pumps, HVAC Power Ventilators, Air Terminal Units (VAV) and Heat Exchangers for HVAC

Doc Ref No:

Delivery Date FOB:

006 Preventive Maintenance of:

COMPUTER ROOM AIR CONDITIONERS

To include daily, weekly and monthly services for two (2) units.

12.00 MO

19GE5018R0023

Line Item Summary

Solicitation Number:

19GE5018R0023

Contract Number: Title: London, UK - Preventive Maintenance of HVAC at NEC

Date of Solicitation:

02/26/2018

Line Item No. Description Quantity Unit Unit Price Total Cost

To include service for all equipment associated with the Computer room air conditioners:

Hydronic Pumps, HVAC Power Ventilators, Air Terminal Units (VAV) and Heat Exchangers for HVAC

Doc Ref No:

Delivery Date FOB:

007 VALUE ADDED TAX (VAT) 1.00 LT

Doc Ref No:

Delivery Date FOB:

101 Preventive Maintenance of:

CENTRIFUGAL WATER CHILLERS

To include daily, weekly and monthly services for two (2) units.

12.00 MO

To include service for all equipment associated with the Centrifugal water chillers:

Hydronic Pumps, HVAC Power Ventilators, Air Terminal Units (VAV) and Heat Exchangers for HVAC

Doc Ref No:

Delivery Date FOB:

102 Preventive Maintenance of:

DEDICATED HEAT RECOVERY CHILLERS (DHR

Chillers) To include daily, weekly and monthly services for one (1) modular unit.

12.00 MO

To include service for all equipment associated with the DHR chillers:

Hydronic Pumps, HVAC Power Ventilators, Air Terminal Units (VAV) and Heat Exchangers for HVAC

Doc Ref No:

Delivery Date FOB:

103 Preventive Maintenance of:

COOLING TOWERS

To include daily, weekly and monthly services for two (2) units.

12.00 MO

To include service for all equipment associated with the Cooling Towers:

Hydronic Pumps, HVAC Power Ventilators, Air Terminal Units (VAV) and Heat Exchangers for HVAC

Doc Ref No:

Delivery Date FOB:

104 Preventive Maintenance of:

AIR HANDLING UNITS (AHUs) To include daily, weekly and monthly services for thirty-three (33) units.

12.00 MO

To include service for all equipment associated with the AHU's:

Hydronic Pumps, HVAC Power Ventilators, Air Terminal Units (VAV) and Heat Exchangers for HVAC

Doc Ref No:

Delivery Date FOB:

105 Preventive Maintenance of:

AIR COOLER CHILLER

To include daily, weekly and monthly services for one (1) unit.

12.00 MO

To include service for all equipment associated with the Air Cooler Chiller:

Hydronic Pumps, HVAC Power Ventilators, Air Terminal Units (VAV) and Heat Exchangers for HVAC

19GE5018R0023

Line Item Summary

Solicitation Number:

19GE5018R0023

Contract Number: Title: London, UK - Preventive Maintenance of HVAC at NEC

Date of Solicitation:

02/26/2018

Doc Ref No:

Delivery Date FOB:

106 Preventive Maintenance of:

COMPUTER ROOM AIR CONDITIONERS

To include daily, weekly and monthly services for two (2) units.

12.00 MO

To include service for all equipment associated with the Computer room air conditioners:

Hydronic Pumps, HVAC Power Ventilators, Air Terminal Units (VAV) and Heat Exchangers for HVAC

Doc Ref No:

Delivery Date FOB:

107 VALUE ADDED TAX (VAT) 1.00 LT

Doc Ref No:

Delivery Date FOB:

BASE YEAR:

TOTAL FIRM FIXED PRICE:_________________

(CONTRACT LINE ITEMS 001 - 007)

OPTION YEAR ONE:

TOTAL FIRM FIXED PRICE:_________________

(CONTRACT LINE ITEMS 101 - 107)

CURRENCY OF PROPOSAL:_________________

Summary Info Continuation Page

19GE5018R0023

Line Item Summary

Solicitation Number:

19GE5018R0023

Contract Number: Title: London, UK - Preventive Maintenance of HVAC at NEC

Date of Solicitation:

02/26/2018

Section 1- Solicitation/Contract Form

1.1. DESCRIPTION OF SERVICES

The American Embassy in London requires preventive maintenance services for all HVAC related equipment to include but not limited to Chillers, Cooling Towers and Air Handling Units. These services shall result all sys-tems being serviced under this agreement being in good operational condition when activated. The mainten-ance services shall be performed in accordance with the manufacturers maintenance requirements to ensure a safe, reliable and efficient operation condition. The work shall be performed by qualified staff and shall ensure that the manufacturers warranty shall not be comprimised.

The maintenance shall be made in accordance with the individual requirements stipulated by the manuafacture for daily, weekly and monthly maintenance. Information can be found in the CD included herein with informa-tion on the individual components, should insufficient information be available therein, the contractor shall up-date the plan accordingly.

It is the contractors responsibility to update the preventative maintenance plan during the performance of the contract at no additional cost to the US Government, and have qualified staff performing the maintenance in or-der to upkeep the contractor's warranty. The monthly maintenance rates shall include all associated costs re-quired in providing HVAC maintenance services, in accordance with the manufacturers warranty requirements including cost for materials, labor, insurance, overhead, profit and VAT.

1.2. TYPE OF CONTRACT

This is a firm fixed price contract payable entirely in currency stipulated in the proposal. Prices for all Contract Line Item Numbers (CLIN) shall include proper disposal of toxic substances as per Item 8.3 where applicable.

No additional sums will be payable for any escalation in the cost of materials, equipment or labor, or because of the contractor's failure to properly estimate or accurately predict the cost or difficulty of achieving the results re-quired. The contract price will not be adjusted due to fluctuations in currency exchange rates.

Changes in the contract price or time to complete will be made only due to changes made by the Government in the work to be performed, or by delays caused by the Government, as determined and approved by the Contract-ing Officer.

1.3. PERIOD OF PERFORMANCE

The contract will be for a period of one-year, with a one-year optional period of performance, the contract start date shall be established with the issuance of the Notice to Proceed (NTP).

1.4. VALUE ADDED TAX (VAT)

If applicable, the contractor shall be responsible paying to the appropriate authority, the applicable rate of Value Added tax. Offerors shall identify Value Added Tax (VAT) as a separate line item in under CLIN's 007 and

107. To receive reimbursement for VAT, it will also be necessary for:

a. The contractor to be in possession of a UK/European VAT registration number, and for this registration num-ber to be included in all payment requests;

b. The VAT shall also be reflected as a separate cost item on all invoices submitted under the resulting contract.

The Contractor will be reimbursed for VAT only to the extent contractor provides documentary proof that VAT has been paid to the host government against a valid VAT registration number. Any refund of VAT to the Con-tractor shall be paid to the Government to the extent the Government reimbursed the contractor for the VAT payment.

1.5. ABBREVIATIONS

CLIN Contract Line Item Number CO Contracting Officer COR Contracting Officer's Representative DOSAR Department of State Acquisition Regulations FAR Federal Acquisition Regulations MO Month LNTP Limited Notice to Proceed SOW Statement of Work QTY Quantity

2.0. CONTRACT PRICE

The Contractor shall complete all work required under this contract for the following firm fixed-price and with-in the prices specified herein. The prices shall include all labor, services, materials, equipment, overhead, costs for insurance, profit, travel, and any other costs required to perform and complete all maintenance services, in accordance with the Statement of Work (SOW), specifications, and all other contract terms and conditions stated within the contract.

The rates included in the contract line items (CLINS) shall include all costs associated with providing prevent-ive maintenance services in accordance with the attached scope of work, and the manufacturer’s warranty re-quirements and VAT (if applicable).

Insurance required by FAR 52.228-4, Workers’ Compensation and War-Hazard Insurance, shall be part of the firm fixed-price. Any costs not priced will be included in overhead and other indirect costs.

The contractor shall refer to the relevant Operation and Maintenance (O&M) requirements for the exact daily, weekly and monthly checks required under this contract.

3.0. EQUIPMENT AND PERFORMANCE REQUIREMENTS

The US Embassy London requires the Contractor to maintain the following equipment in a safe, reliable and ef-ficient operating condition. Please see equipment list included in Exhibit A for a more detailed description.

MANUFACTURER

HEAT-

ING, VENTILATING, AND AIR CONDITIONING

Hydronic Pumps GRUNDFOS HVAC Power Ventilators GREENHECK Air Terminal Units (VAV) TITUS Heat Exchangers for HVAC TACO Centrifugal Water Chillers MULTISTACK Dedicated Heat Recovery Chillers MULTISTACK Cooling Towers EVAPCO Central - Station Air - Handling Units TRANE Computer - Room Air Conditioners LIEBERT

The Contractor shall provide all necessary managerial, administrative and direct labor personnel, as well as all transportation, equipment, tools, supplies and materials required to perform inspection, maintenance, and com-ponent replacement as required to maintain the systems in accordance with this work statement. Under this Contract the Contractor shall provide:

• The services of trained and qualified technicians to inspect, adjust, and perform scheduled preventive main-tenance.

Performance Standards

The chillers shall be clean and in good operating condition upon completion of the service. The preventive maintenance service shall result in the parts of the system serviced being in a condition to operate efficiently and effectively.

4.0. HOURS OF PERFORMANCE

The Contractor shall maintain work schedules. The schedules shall take into consideration the hours that the staff can effectively perform their services without placing a burden on the security personnel of the Post. The Contractor shall deliver standard services between the hours of 8:00AM and 4:30 PM Monday through Friday.

No work shall be performed on US Government and local holidays. Below is a list of the holidays.

EMBASSY LONDON

HOLIDAY(S) DATE DAY OBSERVED

New Year’s Day Martin Luther King’s Birthday President’s Day Good Friday Easter Monday Early May Bank Holiday Memorial Day/Spring Bank Holiday Independence Day Summer Bank Holiday Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day Boxing Day

January 1, 2018 3rd Monday in January 3rd Monday in February March 30, 2018 April 2, 2018 1st Monday in May Last Monday in May July 4, 2017 Last Monday in August 1st Monday in September 2nd Monday in October November 11 4th Thursday in November December 25, 2018 December 26, 2018

Monday, January 1, 2018 – (A)(L) Monday, January 15, 2018 – (A) Monday, February 19, 2018 – (A) Friday, March 30, 2018 – (L) Monday, April 2, 2018 – (L) Monday, May 7, 2018 – (L) Monday, May 28, 2018 – (A)(L) Wednesday, July 4, 2018 – (A) Monday, August 27, 2018 – (L) Monday, September 3, 2018 – (A) Monday, October 8, 2018 – (A) Monday, November 12, 2018 – (A) Thursday, November 22, 2018 – (A) Tuesday, December 25, 2018 – (A)(L) Wednesday, December 26, 2018 – (L)

652.237-72 OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE (FEB 2015)

(a) The Department of State observes the following days as holidays:

New Year’s Day Martin Luther King’s Birthday Washington’s Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

Any other day designated by Federal law, Executive Order, or Presidential Proclamation.

(b) When New Year’s Day, Independence Day, Veterans Day or Christmas Day falls on a Sunday, the follow-ing Monday is observed; if it falls on Saturday the preceding Friday is observed. Observance of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract. If the contractor’s personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized pursuant to an overtime clause elsewhere in this contract.

(c) When the Department of State grants administrative leave to its Government employees, assigned contractor personnel in Government facilities shall also be dismissed. However, the contractor agrees to continue to provide sufficient personnel to perform round-the-clock requirements of critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the contracting officer or his/her duly authorized representative.

(d) For fixed-price contracts, if services are not required or provided because the building is closed due to in-clement weather, unanticipated holidays declared by the President, failure of Congress to appropriate funds, or similar reasons, deductions will be computed as follows:

(1) The deduction rate in dollars per day will be equal to the per month contract price divided by 21 days per month.

(2) The deduction rate in dollars per day will be multiplied by the number of days services are not required or provided.

If services are provided for portions of days, appropriate adjustment will be made by the contracting officer to ensure that the contractor is compensated for services provided.

(e) If administrative leave is granted to contractor personnel as a result of conditions stipulated in any “Excusable Delays” clause of this contract, it will be without loss to the contractor. The cost of salaries and wages to the contractor for the period of any such excused absence shall be a reimbursable item of direct cost hereunder for employees whose regular time is normally charged, and a reimbursable item of indirect cost for employees whose time is normally charged indirectly in accordance with the contractors accounting policy.

(End of clause)

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 and posi-tion 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, un-less the COR is a warranted Contracting Officer and this authority is delegated in the designation.

(b) The COR is the Facility Project Engineer.

(End of clause)

5.0. SUBMISSION OF INVOICES

The Contractor shall submit an invoice after each preventive maintenance service has been performed. Invoices must be accompanied by a signed copy of the Maintenance Checklist for the work performed including parts re-placement and break down calls, if any. No invoice for preventive maintenance services will be considered for payment unless accompanied by the relevant documentation.

The Contractor should expect payment 30 days after completion of service or 30 days after receipt of invoice at the Embassy's payment office, whichever is later. Invoices shall be sent to:

LondonFMCInvoices@state.gov

5.1. CONTRACT ADMINISTRATION DATA

This contract will be administered as follows:

Contracting Officer (CO):

Fabiola Bellevue Deputy Director, Regional Procurement Support Office (RPSOFR) American Consulate General Frankfurt Giessener Strasse 30 D-60435 Frankfurt am Main Germany Email: BellevueF@state.gov Tel: (49)(69) 7535-3304

Contract Administrator:

Name: Wilhelm M. Fleming Contract Specialist American Consulate General Frankfurt Giessener Strasse 30 D-60435 Frankfurt am Main Germany Email: FlemingWM@State.gov Tel: +49-069-7535-3338

Designated Contracting Officer's Representative (COR):

Luis A. Barrio

Facility Projects Engineer U.S. Embassy London 33 Nine Elms Road

SW11 7US

London United Kingdom Email: Barriola@state.gov Tel: +44- 02-7894-0084

RPSO Contracting Officer's and Administrators can be reached via the following addresses:

U.S. First Class Mailing:

U.S. Department of State Regional Procurement Support Office - Frankfurt PSC 115, Box 1062

DPO AE 09213

European mail or Courier or Hand Delivery:- U.S. Department of State American Consulate General Frankfurt Regional Procurement Support Office - Frankfurt Giessener Strasse 30 D-60435 Frankfurt am Main Germany

6.1. CONTRACTOR IDENTIFICATION

Contract performance may require contractor personnel to attend meetings with government personnel and the public, work within government offices, and/or utilize government email.

Contractor personnel must take the following actions to identify themselves as non-federal employees:

1) Use an email signature block that shows name, the office being supported and company affiliation (e.g.

“John Smith, Office of Human Resources, ACME Corporation Support Contractor”);

2) Clearly identify themselves and their contractor affiliation in meetings;

3) Identify their contractor affiliation in Departmental e-mail and phone listings whenever contractor personnel are included in those listings; and

4) Contractor personnel may not utilize Department of State logos or indicia on business cards.

(end of clause)

6.2. ACCESS TO GOVERNMENT BUILDINGS AND STANDARDS OF CONDUCT

6.2.1. General. The Contractor shall designate a representative who shall supervise the Contractor’s techni-cians and be the Contractor’s liaison with the American Embassy in London. The Contractor’s employees shall be on-site only for contractual duties and not for any other business or purpose. Contractor employees will be given access to the equipment and equipment areas and will be escorted by Embassy personnel.

6.2.2. Personnel Security. The Government reserves the right to deny access to U.S.-owned and U.S.-operated facilities to any individual. The Contractor shall provide the names, biographic data and police clearance on all Contractor personnel who to be used on this Contract prior to their utilization. Submission of information shall be made within 30 days of award of contract. No technician will be allowed on site without prior authoriza-tion.

6.2.3.Vehicles. Contractor vehicles will not be permitted inside the embassy compound without prior approval.

If vehicle access is necessary, submit contractor vehicle information (Make, Model, License Plate #) along with a written justification as to why access is necessary. This shall be submitted to the Facility Manager at least one

(1) week prior to the visit.

6.2.4.Government shall issue identity cards to Contractor personnel, after they are approved. Contractor per-sonnel shall display identity card(s) on the uniform at all times while providing services under this contract.

These identity cards are the property of the US Government. The Contractor is responsible for their return at the end of the contract, when an employee leaves Contractor service, or at the request of the Government. The Government reserves the right to deny access to U.S.-owned and U.S.-operated facilities to any individual.

6.3 Standards of Conduct

6.3.1. General. The Contractor shall maintain satisfactory standards of employee competency, conduct, cleanli-ness, appearance, and integrity and shall be responsible for taking such disciplinary action with respect to em-ployees as may be necessary. Each Contractor employee shall 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.

6.3.2. Neglect of Duties. Neglect of duties is unacceptable. 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.

6.3.3. Disorderly Conduct. The Contractor shall not condone disorderly conduct, use of abusive or offensive language, quarreling, and intimidation by words, actions, or fighting. Also included is participation in disrupt-ive activities that interfere with normal and efficient Government operations.

6.3.4. 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.

6.3.5.Criminal Actions. Contractor employees may be subject to criminal actions as allowed by law in certain circumstances. These circumstances include but are not limited to the following actions: falsification or unlaw-ful concealment, removal, mutilation, or destruction of any official documents or records or concealment of ma-terial 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 vi-olations; organizing or participating in gambling in any form; and misuse of weapons.

6.3.6. Key Control. The Contractor will not be issued any keys. The keys will be checked out by a “Cleared American” escort on the day of service requirements.

6.3.7. Notice to the Government of Labor Disputes. The Contractor shall inform the COR of any actual or po-tential labor dispute that is delaying or threatening to delay the timely performance of this contract.

7.0. SCHEDULED PREVENTIVE MAINTENANCE

7.1. General

7.1.1. The Contractor shall perform preventive maintenance as outlined in the relevant Exhibit’s STATEMENT OF WORK. The objective of scheduled preventive maintenance is to eliminate system malfunction, breakdown and deterioration when units are activated/running.

7.1.2. The Contractor shall inventory, supply and replace expendable parts (eg, filters, belts, hoses, gaskets) that have become worn due to wear and tear. The Contractor shall maintain a supply of expendable and com-mon parts on site so that these are readily available for normal maintenance to include: hoses, belts, oil, chemic-als, coolant, filters (Air, Fuel, Oil), grease, sealant, thermostat, fuses; in addition to the appropriate tools, testing equipment, safety shoes and apparel for technicians, personal protective equipment (hands, hearing, eye protec-tion), MSDS, cleaning material and oil spill containment kits. The contractor shall inventory the supply after each visit and order replacement supplies and have them delivered on site. Maintenance materials shall be un-used and are to be industry standard and intended for the task to be performed. Parts shall be OEM approved.

Refrigerants shall meet the AHRI Standard 700-2015 or most recent AHRI Standards.

7.1.3. Refrigerants, parts and maintenance materials delivered to the post are to be new and unused. Reclaimed refrigerants are not to be delivered to posts. Reclaimed refrigerants within post compounds are to be retained and stored and may be used if not contaminated. Refrigerants shall be stored in containers clearly indicating the refrigerant type.

7.1.4. Exclusion. This contract does NOT include repair of equipment and replacement of hardware (e.g. bear-ings, pistons, piston rings, crankshaft, gears.) Hardware replacements will be separately priced out by the Contractor for the Government’s approval and acceptance. The Government has the option to accept or re-ject the Contractor’s quote for parts and reserves the right to obtain similar spare parts from other competitive sources. If required by the Government, the Contractor shall utilize Government-purchased spare parts, if awar-ded the work. Such repairs/replacements will be accomplished by a separate purchase order. However, this ex-clusion does not apply if the repair is to correct damage caused by Contractor negligence.

7.1.5. Replacement/repair of any electronic or electrical parts shall be approved by the COR prior to installation of the part. If the Contractor proceeds to replace any electronic or electrical parts without COR approval, the Contractor shall de-install the parts at no cost to the Government.

7.1.6. Stocking of recommended repair parts is at the discretion of the Facility Manager and is dependent upon the nearest location of the Equipment manufacturer, distributor or dealer. A recommended spare parts list shall be obtained by the contractor from the manufacturer or distributor and provided to the Facility Manager to pro-cure.

7.2 Checklist Approval

The Contractor shall submit to the COR a schedule and description of preventive maintenance tasks which the Contractor plans to per-form. The Contractor shall prepare this schedule and task description in a checklist format for the COR’s approval prior to contract work commencement.

7.2.1. The Contractor shall provide trained technicians to perform the service at frequencies stated on the relevant O&M in Exhibit E and on the equipment called out in this SOW. The technician shall sign off on every item of the checklist and leave a copy of this signed checklist with the COR or the COR's designate after each maintenance visit.

7.2.2. It is the responsibility of the Contractor to perform all manufacturers’ recommended preventive maintenance including prevent-ive maintenance recommended by the manufacturers’ technical manuals for the respective equipment.

7.2.3 Additionally, the maintenance contractor shall obtain and keep at the post O&M binders provided by the manufacturers. These binders shall be placed in a location accessible to post personnel to review as needed.

8.0. PERSONNEL, TOOLS, CONSUMABLE MATERIALS AND SUPPLIES

The Contractor shall provide trained technicians with the appropriate tools and testing equipment for scheduled maintenance, safety inspection, and safety testing as required by this Contract. The Contractor shall provide all of the necessary materials and supplies to maintain, service, inspect and test all the systems to be maintained.

8.1 Contractor furnished materials include but are not limited to appropriate tools, testing equipment, safety shoes and apparel for technicians, hands, hearing and eye protection, MSDS, cleaning material and oil spill con-tainment kit. Expendable/consumable items (e.g. hoses, belts, oil, chemicals, coolant, filters (Air, Fuel, Oil), generator starting batteries, grease, sealant, thermostat, fuse), shall be maintained in the onsite inventory. See 7.1.2.

8.2 Repairs are not included in this contract. See 7.1.4. Exclusions.

8.3 Disposal of used oil, fuel, battery and other toxic substances. The Contractor is responsible for proper dis-posal of toxic/hazardous substances. All material shall be disposed of according to Government and Local law.

After proper disposal the contractor must show proof of authorized disposal of these toxic/hazardous sub-stances.

9.0. SOFTWARE, LICENSES AND PASSWORDS

Copies of any and all software and licenses needed to control or to adjust the communications module shall be given to the post upon completion of the work.

10.0. DELIVERABLES

Provide a written report in English to Post Facilities Manager containing following:

a) System information (make, model, all devices types)

b) Pass/Fail of each feature and type of component tested. If a device fails, note device type, address and loca-tion within Post

c) Any comments on system (or device) condition pertaining to service life and dependability.

d) Full printout of test from system printer

e) Testing of exhaust gas by Gas Analyzer The following items shall be delivered under this contract:

Description QTY Delivery Date Deliver to Names, biographic data, police clearance on Contractor personnel (#6.2)

1 30 days after contract award COR

Certificate of Insurance (#11.2) 1 30 days after contract award CO PM Checklist signed by Contract-or’s employee (#7.2.1)

1 After completion of each mainten-ance service

COR

Invoice (#15) 1 After completion of each mainten-ance service

COR

11.0. INSURANCE REQUIREMENTS

11.1 Personal Injury, Property Loss or Damage (Liability). The Contractor assumes absolute responsibility and liability for any and all personal injuries or death and property damage or losses suffered due to negligence of the Contractor’s personnel in the performance of this Contract

The Contractor’s assumption of absolute liability is independent of any insurance policies.

11.2 Insurance. The Contractor, at its own expense, shall provide and maintain during the entire period of per-formance of this Contract, whatever insurance is legally necessary in the United Kingdom.

The Contractor shall carry the following minimum insurance:

Public Liability Insurance

Property damage: $10,000,000.00 or GBP equalivant Cumulative: $10,000,000.00 or GBP equalivant

Workers’ Compensation and Employer’s Liability

11.3 Worker's Compensation Insurance. The Contractor agrees to provide all employees with worker's com-pensation benefits as required under local laws (see FAR 52.228-4 “Worker’s Compensation and War-Hazard Insurance Overseas”).

12.0. LOCAL LAW REGISTRATION

If the local law or decree requires that one or both parties to the contract register the contract with the desig-nated authorities to insure compliance with this law or decree, the entire burden of this registration shall rest upon the Contractor. Any local or other taxes which may be assessed against the Contract shall be payable by the Contractor without Government reimbursement.

13.0. QUALITY ASSURANCE PLAN (QAP).

13.1 Plan. This plan is designed to provide an effective surveillance method to promote effective Contractor performance. The QAP provides a method for the Contracting Officer's Representative (COR) to monitor Con-tractor 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 SOW Para Performance Threshold Services.

Performs all services set forth in the State-ment of Work (SOW)

1 thru 12 & Exhibit A All required services are performed and no more than one (1) customer complaint is re-ceived per month

13.2 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.

13.3 Standard. The performance standard is that the Government receives no more than one (1) customer com-plaint 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 52.212-4, Contract Terms and Conditions- Commercial Items), if any of the services exceed the standard.

13.4. Procedures.

13.4.1 If any Government personnel observe unacceptable services, either incomplete work or required services not being performed, they will immediately contact the COR.

13.4.2 The COR will complete appropriate documentation to record the complaint.

13.4.3 If the COR determines the complaint is invalid, the COR will advise the complainant. The COR will re-tain the annotated copy of the written complaint for his/her files.

13.4.4 If the COR determines the complaint is valid, the COR will inform the Contractor and give the Contract-or additional time to correct the defect, if additional time is available. The COR shall determine how much time is reasonable.

13.4.5 The COR shall, as a minimum, orally notify the Contractor of any valid complaints.

13.4.6 If the Contractor disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the Contractor shall notify the COR. The COR will review the matter to determine the valid-ity of the complaint.

13.4.7 The COR will consider complaints as resolved unless notified otherwise by the complainant.

13.4.8. Repeat customer complaints are not permitted for any services. If a repeat customer complaint is re-ceived for the same deficiency during the service period, the COR will contact the Contracting Officer for ap-propriate action under the Inspection clause.

14.0. TRANSITIONS/CONTACTS

Within 30 days after contract award, the Contracting Officer may ask the contractor to develop a plan for pre-paring the contractor to assume all responsibilities for preventive maintenance services. The plan shall establish the projected period for completion of all clearances of contractor personnel, and the projected start date for per-formance of all services required under this contract. The plan shall assign priority to the selection of all super-visors to be used under the contract.

14.1 On site contact. The following are the designated contact personnel between the US Embassy and the Contractor

COR

Luis A. Barrio - Facility Projects Engineer barriola@state.gov

The Post Control Officer (PCO) will be the contractor’s point of contact at the U.S. Embassy, in London. All questions concerning coordination of service activities while at post shall be directed to the Post Control Of-ficer, with weekly reporting to the COR:

PCO

Steve Brown - Post Control Officer (PCO) brownse@state.gov

Identifier Title Date Number of Pages

15.0. LIST OF ATTACHMENTS

Exhibit A – List of equipment to be mantained -- 1 page Exhibit B – Chillers Statement of Work -- 2 pages Exhibit C – Cooling Towers Statement of Work -- 6 pages Exhibit D – AHUs Statement of Work -- 2 pages Exhibit E – O&Ms -- 23 PDF files on CD

Section 2- Contract Clauses

Clause Title

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

(Apr 2014)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.204-13 System for Award Management Maintenance (Oct 2016)

52.204-14 Service Contract Reporting Requirements (Oct 2016)

52.228-5 Insurance - Work on a Government Installation (Jan 1997)

52.229-6 Taxes - Foreign Fixed-Price Contracts (Feb 2013)

52.212-4 Contract Terms and Conditions--Commercial Items (Jan 2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the re-quirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming sup-plies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduc-tion or adequate consideration for acceptance of nonconforming supplies or services. The Government must ex-ercise its post-acceptance rights--

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of per-formance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or re-lating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this con-tract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occur-rence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidem-ics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this con-tract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper in-voice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Man-agement and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this con-tract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appro-priate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applic-able for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The…