19GE5019R0048.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

19GE5019R0048

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

DATE

06/14/2019

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Wencke Jacobsen

b. TELEPHONE NUMBER (No collect calls)

c. EMAIL jacobsenw@state.gov

8. OFFER DUE DATE / LOCAL

TIME

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

MULTICODE15. DELIVER TO

SEE

SEE TEXT

NOTE TO VENDOR

Multi, XX 00000

CODE FRANK16. ADMINISTERED BY

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

FRANKFURT, 60435

GERMANY

FACILITY CODECODE

Contact Duns Telephone No.

17a. CONTRACTOR/OFFEROR MADRICODE18a. PAYMENT WILL BE MADE BY

AMERICAN EMBASSY MADRID

SERRANO 75

ATTN: FMO

MADRID, 28006

SPAIN

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 ____ 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 06/14/2019

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

19GE5019R0048

001 RESIDENTAL FURNITURE LEASE

BASE YEAR - MADRID

Inclusive of Sub CLINs 0001 - 0012 0021 - 0028

0.00 LT

Doc Ref No:

Delivery Date FOB:

002 RESIDENTAL FURNITURE LEASE

BASE YEAR - LISBON

Inclusive of Sub CLINs 0013 - 0020

0.00 LT

Doc Ref No:

Delivery Date FOB:

1001 RESIDENTAL FURNITURE LEASE

OPTION YEAR ONE - MADRID

Inclusive of Sub CLINs 1001 - 1012 1021 - 1028

0.00 LT

Doc Ref No:

Delivery Date FOB:

1002 RESIDENTAL FURNITURE LEASE

OPTION YEAR ONE - LISBON

Inclusive of Sub CLINs 1013 - 1020

0.00 LT

Doc Ref No:

Delivery Date FOB:

2001 RESIDENTAL FURNITURE LEASE

OPTION YEAR TWO - MADRID

Inclusive of Sub CLINs 2001 - 2012 2021 - 2028

0.00 LT

Doc Ref No:

Delivery Date FOB:

2002 RESIDENTAL FURNITURE LEASE

OPTION YEAR TWO - LISBON

Inclusive of Sub CLINs 2013 - 2020

0.00 LT

Doc Ref No:

Delivery Date FOB:

3001 RESIDENTAL FURNITURE LEASE

OPTION YEAR THREE - MADRID

Inclusive of Sub CLINs 3001 - 3012 3021 - 3028

0.00 LT

Doc Ref No:

Delivery Date FOB:

3002 RESIDENTAL FURNITURE LEASE

OPTION YEAR THREE - LISBON

Inclusive of Sub CLINs

0.00 LT

19GE5019R0048

Line Item Summary

Solicitation Number:

19GE5019R0048

Contract Number: Title: ES-Madrid Rental Furniture Portugal and Spain

Date of Solicitation:

06/14/2019

Line Item No. Description Quantity Unit Unit Price Total Cost

3013 - 3020 Doc Ref No:

Delivery Date FOB:

4001 RESIDENTAL FURNITURE LEASE

OPTION YEAR FOUR - MADRID

Inclusive of Sub CLINs 4001 - 4012 4021 - 4028

0.00 LT

Doc Ref No:

Delivery Date FOB:

4002 RESIDENTAL FURNITURE LEASE

OPTION YEAR FOUR - LISBON

Inclusive of Sub CLINs 4013 - 4020

0.00 LT

Doc Ref No:

Delivery Date FOB:

5000 VAT (if applicable) 0.00 LT Doc Ref No:

Delivery Date FOB:

6000 DBA (if applicable) 0.00 LT Doc Ref No:

Delivery Date FOB:

19GE5019R0048

Line Item Summary

Solicitation Number:

19GE5019R0048

Contract Number: Title: ES-Madrid Rental Furniture Portugal and Spain

Date of Solicitation:

06/14/2019

Line Item No. Description Quantity Unit Unit Price Total Cost

Rental of Residential furniture 19GE5019R0048 US Embassies Madrid, Spain & Lisbon, Portugal Page 4 of 82

TABLE OF CONTENTS

Section 1 - The Schedule

• SF 1449 cover sheet

• Continuation To SF-1449, Prices, Block 23

• Continuation To SF-1449, Schedule Of Supplies / Services, Block 20 Description /

Specifications / Work Statement

• Attachment 1 – Samples of Furniture

• Attachment 2 – Furniture Requirements Living room

• Attachment 2a – Furniture Requirements Dining room

• Attachment 2b – Furniture Requirements Bedrooms

• Attachment 2c – Furniture Requirements Study

• Attachment 2d – Furniture Requirements Family room

• Attachment 2e – Furniture Requirements Extras

• Attachment 3 – Welcome / Departure Kit – Replacement Price List

• Attachment 4 – Furniture Replacement price list

• Attachment 5 – Pricing

• Attachment 6 – Welcome / Departure Kit list per person

• Attachment 7 – Contract Information & Experience

Section 2 - Contract Clauses

• Contract Clauses

• Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in Part 12

Section 3 - Solicitation Provisions

• Solicitation Provisions

• Addendum to Solicitation Provisions - FAR and DOSAR Provisions not Prescribed in Part 12

Section 4 - Evaluation Factors

• Evaluation Factors

• Addendum to Evaluation Factors - FAR and DOSAR Provisions not Prescribed in Part 12

Section 5 - Representations and Certifications

• Offeror Representations and Certifications

• Addendum to Offeror Representations and Certifications - FAR and DOSAR Provisions not

Prescribed in Part 12

US Embassies Madrid, Spain & Lisbon, Portugal Page 5 of 82

SECTION 1 – THE SCHEDULE

CONTINUATION TO SF-1449

PRICES – BLOCK 23

I. BACKGROUND / SCOPE OF SERVICES

A. The Embassies of the United States of America in Madrid, Spain, and Lisbon, Portugal seek an agreement with a qualified company to provide a rental and service package for residential furniture.

B. The contract type shall be an IDIQ (indefinite delivery indefinite quantity) type contract.

C. This contract shall remain unfunded. The Contracting Officer at Embassy Madrid shall issue the contractor individual funded task orders.

D. Offerors may propose pricing for one post, i.e. Madrid or Lisbon. If it is determined to be in the USG’s best interest, two separate contracts may be issued based on geographic location.

II. PRICES

A. The prices shall include all labor, delivery, pick-up, installation, insurance, material, equipment and services, unless otherwise specified herein, required under this contract. Any costs not separately priced will be considered to be included in the total offer / contract price as overhead or other indirect costs.

B. If applicable, the contractor shall be responsible for paying to the appropriate authority the applicable rate of Value Added Tax (VAT). Offerors shall identify the VAT as a separate line item. The VAT shall also be a separate cost item on all invoices submitted against task orders under the resulting contract. The contractor will be reimbursed for VAT only up to the amount listed in each task order and upon presentation of proof that VAT has been paid to the host country government. If the contractor receives a VAT refund from the host government he shall re-pay the refund amount to the US Government.

C. Defense Base Act (DBA) Insurance - DBA insurance may be required in accordance with FAR clauses 52.228-3 and 52.228-4 contained in Section 2.

DOSAR Clause 652.228-70 contained in Section 4 assists the contractor in determining the need for DBA insurance or other coverage. If applicable, DBA Insurance shall be obtained from any U.S. Department of Labor (DOL) authorized DBA insurance broker. DBA insurance cost will be evaluated as part of the total evaluated fixed price and included in the fixed price of the contract. Where DBA is

US Embassies Madrid, Spain & Lisbon, Portugal Page 6 of 82 applicable, the contractor will be required to provide evidence of insurance within 15 calendar days from the date of award. The list of DOL-authorized carriers is available at: http://www.dol.gov/owcp/dlhwc/lscarrier.htm

D. The currency for award and payment shall be Euro (€) and cannot be changed by modification to the contract. There shall be no adjustment of the contract price for exchange rate fluctuations. The only reimbursable items shall be the VAT and the Defense Base Act Insurance (DBA).

E.0 BASE YEAR SPAIN, Offerors shall enter pricing into the spreadsheet provided as

Attachment 5 – Pricing. Only the totals shall be entered below.

CLINS Supplies / Services Unit Extended price in € 0001-

Base year, sub-total for furniture ( from spreadsheet a) Spain Base) lot

0021-

Base year, sub-total for short term (from spreadsheet k) short term Spain Base)

0003 VAT in applicable lot

0004 DBA, if applicable lot

BASE YEAR ESTIMATED TOTAL – SPAIN ____________________

US Embassies Madrid, Spain & Lisbon, Portugal Page 7 of 82

E.1 FIRST OPTION YEAR SPAIN, Offerors shall enter pricing into the spreadsheet provided as Attachment 5 – Pricing. Only the totals shall be entered below.

CLINS Supplies / Services Unit Extended price in € 1001-

OY 1 sub-total for furniture ( from spreadsheet b) Spain OY1)

1021-

OY 1, sub-total for short term (from spreadsheet l) short term Spain OY1)

1003 VAT in applicable lot

1004 DBA, if applicable lot

FIRST OPTION YEAR ESTIMATED TOTAL – SPAIN ____________________

E.2 SECOND OPTION YEAR SPAIN, Offerors shall enter pricing into the spreadsheet

CLINS Supplies / Services Unit Extended price in € 2001-

OY 2, sub-total for furniture ( from spreadsheet c) Spain OY2)

2021-

OY 2, sub-total for short term (from spreadsheet m) short term Spain OY2)

2003 VAT in applicable lot

2004 DBA, if applicable lot

SECOND OPTION YEAR ESTIMATED TOTAL – SPAIN ____________________

US Embassies Madrid, Spain & Lisbon, Portugal Page 8 of 82

E.3 THIRD OPTION YEAR SPAIN, Offerors shall enter pricing into the spreadsheet

3001-

OY 3, sub-total for furniture ( from spreadsheet d) Spain OY3)

3021-

OY 3, sub-total for short term (from spreadsheet n) short term Spain OY3)

3003 VAT in applicable lot

3004 DBA, if applicable lot

THIRD OPTION YEAR ESTIMATED TOTAL – SPAIN ____________________

E.4 FOURTH OPTION YEAR SPAIN, Offerors shall enter pricing into the spreadsheet

CLINS Supplies / Services Unit Extended price in € 4001-

OY 4, sub-total for furniture ( from spreadsheet e) Spain OY4)

4021-

OY 4, sub-total for short term (from spreadsheet n) short term Spain OY4)

4003 VAT in applicable lot

4004 DBA, if applicable lot

FOURTH OPTION YEAR ESTIMATED TOTAL – SPAIN ____________________

US Embassies Madrid, Spain & Lisbon, Portugal Page 9 of 82

F.0 BASE YEAR PORTUGAL, Offerors shall enter pricing into the spreadsheet provided as Attachment 5 – Pricing. Only the totals shall be entered below.

0013-

Base year, sub-total for furniture (from spreadsheet f) Portugal Base)

0005 VAT in applicable lot

0006 DBA, if applicable lot

BASE YEAR ESTIMATED TOTAL – PORTUGAL ____________________

F.1 OPTION YEAR ONE PORTUGAL, Offerors shall enter pricing into the spreadsheet

CLINS Supplies / Services Unit Extended price in € 1013-

OY 1, sub-total for furniture (from spreadsheet g) Portugal OY1

1005 VAT in applicable lot

1006 DBA, if applicable lot

FIRST OPTION YEAR ESTIMATED TOTAL – PORTUGAL ____________________

US Embassies Madrid, Spain & Lisbon, Portugal Page 10 of 82

F.2 OPTION YEAR TWO PORTUGAL, Offerors shall enter pricing into the spreadsheet

2013-

OY 2, sub-total for furniture (from spreadsheet h) Portugal OY2)

2005 VAT in applicable lot

2006 DBA, if applicable lot

SECOND OPTION YEAR ESTIMATED TOTAL – PORTUGAL ____________________

F.3 OPTION YEAR THREE PORTUGAL, Offerors shall enter pricing into the spreadsheet provided as Attachment 5 – Pricing. Only the totals shall be entered below.

3013-

OY 3, sub-total for furniture (from spreadsheet i) Portugal OY3)

3005 VAT in applicable lot

3006 DBA, if applicable lot

THIRD OPTION YEAR ESTIMATED TOTAL – PORTUGAL ____________________

F.4 OPTION YEAR FOUR PORTUGAL, Offerors shall enter pricing into the spreadsheet

CLINS Supplies / Services Unit Extended price in € 4013-

OY 4, sub-total for furniture (from spreadsheet i) Portugal OY4)

4005 VAT in applicable lot

4006 DBA, if applicable lot

FOURTH OPTION YEAR ESTIMATED TOTAL – PORTUGAL ____________________

US Embassies Madrid, Spain & Lisbon, Portugal Page 11 of 82

G CONTRACT TOTALS OVERVIEW, Offerors shall enter the totals from Section E and F above.

MADRID, SPAIN

base year € first option year second option year third option year fourth option year

ESTIMATED TOTAL – MADRID, SPAIN

LISBON, PORTUGAL

base year € first option year second option year third option year fourth option year

ESTIMATED TOTAL – LISBON, PORTUGAL

ESTIMATED CONTRACT TOTAL €

US Embassies Madrid, Spain & Lisbon, Portugal Page 12 of 82

CONTINUATION TO SF-1449

SCHEDULE OF SUPPLIES / SERVICES, BLOCK 20

DESCRIPTION / SPECIFICATIONS / WORK STATEMENT

III PERFORMANCE WORK STATEMENT

A. GENERAL

The Government of the United States of America (from now on referred to as USG) requires the contractor to provide residential furniture for USG leased / owned residences in Madrid and Barcelona, Spain, and Lisbon, Portugal. All furniture shall be supplied on a rental basis. Therefore, it shall remain the property of the contractor during the entire duration of the contract. The USG will NOT purchase any of this furniture. The contractor shall store enough furniture in stock to fulfill USG orders based on estimated quantities provided in paragraph B. below and Attachment 5 – Prices.

The contractor shall be responsible for the acquisition, storage, insurance, maintenance, transportation, delivery, pick-up, installation and installation materials of all furniture and items leased under this contract and for the provision and removal of all packing materials from the residence after delivery / pick-up.

The contractor shall also be responsible for obtaining the necessary parking permits and for paying any parking fees for its vehicles when required by City Hall.

The USG shall use all furniture only for purposes of furnishing leased / owned residences. The USG shall not remove any of the rented furniture, or permit any of the rented furniture to be removed from the premises in which it was delivered without the contractor’s permission (with the exception of accidents / emergency situations requiring immediate reaction, e.g. a broken water main). The USG shall not lend any of the rented furniture to any third party or allow any third party to use the rented furniture.

B. NUMBER OF RESIDENCES

The contractor shall furnish all existing homes, i.e. approximately 75 residences in Madrid, 39 residences in Lisbon and 4 residences in Barcelona with new / like-new furnishings (free of scratches, marks, signs of use).

US Embassies Madrid, Spain & Lisbon, Portugal Page 13 of 82

Existing task orders under the previous contract will continue through their completion date. The contractor shall be granted a six-month phase-in period during which he shall purchase sufficient furniture to fulfill posts’ requirements. This requirement may also be fulfilled by purchasing the previous contractor’s furniture.

All new task orders shall use the new furniture.

C. FURNITURE DESCRIPTION

All furniture shall have a guarantee against defects in manufacturing. The contractor shall replace any defective pieces of furniture at no additional cost to the USG.

Replacement or repairs shall be completed within five (5) working days from the time the COR notifies the contractor by e-mail.

The contractor shall submit a price list (Attachment 4) with unit prices of all furniture included in this contract to be used as a reference for reimbursement, in case inventory reveals shortages or damages other than normal wear and tear.

All items of furniture shall be designed for household use and made from a variety of materials, including: solid wood, metal, wood / metal, stone, fabric, and / or glass.

The furniture style shall be classic (Executive/Classic) and shall be functional (All Style), with traditional, elegant, conservative lines. The items shall be made of solid wood and the wood finish shall be a dark natural color with the possibility of a lighter finish. More detailed specifications as stated below. For samples see Attachment 1.

1. Residential dining room items include, but are not limited to: dining tables, china cabinets and sideboards.

2. Case goods include, but are not limited to: dressers, chests, nightstands, mirrors, wardrobes, armoires, entertainment units, TV stands/cabinets, bookcases and desks.

3. Glass table tops must be tempered, rounded edge and 8mm thick.

4. All bed headboards and mirrors must be either attachable to the box spring/frame or hung on the walls by the vendor.

5. All drawers must have rails and stops.

Dresser drawers must be a minimum of: W x D x H

US Embassies Madrid, Spain & Lisbon, Portugal Page 14 of 82

MASTER BEDROOM DRESSER:

2 large drawers: 91x36x24cm 1 smaller drawer: 91x36x11cm

GUEST BEDROOMS CHEST OF DRAWERS:

3 large drawers: 61x36x24cm 1 smaller drawer: 61x36x11cm

NIGHT STAND:

1 large: 47x36x21cm 1 smaller: 47x36x11cm

6. Bed items include, but are not limited to: box springs, headboards that are attachable to the wall or to the bedspring, bunk beds, baby cribs, bedside stools.

Two options of a 90cmsx200cm Twin bed frame must offered: A) Regular box spring and B) with a gas lift storage box spring. Bunk beds must comply with U.S Standard Consumer Safety specifications for bunk beds and have guardrails and a ladder.

Cribs must comply with the applicable performance and safety requirements.

Mattresses must comply with applicable U.S. flammability requirements. Mattresses must be changed upon request. Mattresses must comply with the following specifications: Minimum 29 cm thickness; nucleus of solid block – oxicore or other material with similar characteristics; covering of viscoelastic. No metallic springs accepted.

7. Seating items include, but are not limited to: sofas, loveseats, chairs with and without arms, armchairs, ottomans, reclining chairs and patio chairs. Upholstery pieces and components shall meet U.S. flammability test requirements and fabrics should be treated to deter soiling.

8. For Spain only: A formal set of dining room, living room and patio furniture must be available, referred to as “Executive furniture”. The furniture pieces must be made of solid wood, preferably in a cherry color.

9. Dining room items shall include, but are not limited to: dining table expandable to a minimum of 163x112cm, dining chairs made of a combination of wood and cloth, serving cabinets, china cabinets and sideboard/buffet cupboards

US Embassies Madrid, Spain & Lisbon, Portugal Page 15 of 82

10. Living room items shall include, but are not limited to: 3-seat sofas with a minimum length of 230cm and with coordinating pillows, love seats with a minimum length of 170cm and with coordinating pillows, armchairs made of a wood/cloth combination, wingback armchairs, matching ottomans, side tables, end tables, nested tables, display cabinets, desks with matching desk chairs, coffee tables and TV tables/cabinets.

11. Patio furniture items shall include, but are not limited to outdoor type: dining chairs with and without arms, high back chairs, side tables, coffee tables, love seat sofas, ottomans, dining tables and matching umbrellas with umbrella stands. The furniture pieces must be made of weather-resistant aluminum and/or wood frames.

Seats must be made of weather resistant cloth.

D. MULTIPLE AWARDS

Offerors may propose pricing for one post, i.e. Madrid or Lisbon. If it is determined to be in the USG’s best interest, two separate contracts may be awarded based on geographic location.

E. SHORT TERM RENTAL FURNITURE, FURNITURE, LINEN SETS

In rare cases, some of the furniture items as well as linen, kitchen, small electrical appliances listed in Attachments 2a through 2e shall also be available for short-term rental at the prices shown in Attachment 5 – Pricing.

The minimum rental period is one week and thereafter continued by whole weeks.

There is no minimum or maximum number of rental items.

No security deposit shall be charged, any loss or damage clearly beyond normal wear and tear shall be charged at the replacement costs provided by the contractor (Attachment 4).

The invoice will be issued upon pick-up / return of the items, or on a monthly basis, whichever comes first.

F. WELCOME AND DEPARTURE KITS (Spain Only)

Upon each employee’s arrival and departure, the contractor shall deliver and / or remove, linen and kitchenware packs including the items listed in Attachment 6 – Welcome Kit Items.

US Embassies Madrid, Spain & Lisbon, Portugal Page 16 of 82

Quantities to be delivered will be based on combination of furniture delivered and familz size as listed in Attachment 6.

Delivery and retrieval of welcome kits will be charged in accordance with the prices shown in Attachment 5 – Pricing.

The contractor shall provide a price list (Attachment 3) of all the items included in Attachment 6, which will be used as a reference in the case of shortages or damage.

G. MAINTENANCE

The contractor shall provide a maintenance service for all rented furniture during the rental period and, in the event of damage or deterioration of any of the pieces, shall be responsible for repair or replacement of the relevant furniture item when necessitated by ordinary wear and tear, within five (5) working days of receiving the COR’s e-mailed request.

H. INVENTORIES OF RENTED FURNITURE

The contractor shall create a separate inventory file for each residence. At the time of the delivery for an incoming occupant the contractor shall meet with the COR or his / her authorized representative to inventory and inspect the furniture and the welcome kit and sign the inventories. A new revised inventory shall be produced and signed by both parties at the one-time change.

Copies of the signed inventory shall be sent to the occupant and the COR. The contractor shall keep the original in its file.

When a residence is inventoried for an outgoing occupant, the contractor shall sign and date the following statement on the inventory (if possible liability for damages exists, the certification shall remain unsigned until all problems have been resolved):

“I certify that all items listed in this inventory have been returned in good condition and that any determinations of the General Services Officer have been complied with. The U.S. Government is hereby relieved of responsibility for the property in this residence”

If an outgoing occupant’s residence reveals missing or damaged items other than normal wear and tear, such missing or damaged items may be payable by the USG.

US Embassies Madrid, Spain & Lisbon, Portugal Page 17 of 82

The contractor shall report missing or damaged items to the COR. The USG shall not be relieved of its responsibility until the results of the pending survey action have been completed and the COR and the contractor have accepted responsibility for the results of the inventory and reconciliation.

The USG may be held financially liable if it is determined that its employees are responsible for lost or damaged property.

The contractor shall provide a price list of all the items included in the inventory which will be used as reference if there are missing or damaged items payable by the USG.

I. RETURN OF FURNITURE LEASED UNDER A PREVIOUS CONTRACT /

CONTRACT PHASE-IN PERIOD

For existing task orders, see paragraph B. of this section.

The new contractor will be granted a six-month’s phase-in period during which he shall purchase their own furniture (or purchase the previous contractor’s stock). If the contractor does not sufficient furniture to fulfill new orders issued during that period, the contractor may contact the previous contractor for an agreement / purchase / lease.

For informational purposes, the average rental period per residence is 30 months.

Based on the residential vacancy rate and employee turnover, it is estimated that approximately 5% of the furniture will not be in rental status during an average year.

There are an estimated 35 partial deliveries or retrievals per year (at the one-time change), and 10-20 deliveries or retrievals of full sets of furniture per year.

J. COMMENCEMENT OF WORK

After receiving and accepting all required documentation (e.g. proof of insurance, staff information), the Contracting Officer will issue the contractor a Notice to Proceed. The contractor shall then start contract performance by purchasing / storing furniture, and be ready to commence and complete deliveries not later than the date established in the Notice to Proceed.

K. WORK DAYS AND TIMES

Work shall be performed Monday through Friday between 8 a.m. and 6 p.m.

US Embassies Madrid, Spain & Lisbon, Portugal Page 18 of 82

Clause 652.237-72 – Observance of legal holidays and administrative leave, in Section 2 of this solicitation lists both the American and local holidays the Embassies observe. While there will be no work scheduled for the local holidays, the American holidays may be used as delivery / pick-up dates. Work on American holidays does not entitle the contractor to charge overtime fees.

L. ACRONYMS AND ABBREVIATIONS

Acronym

Definition

CA

Contract Administrator

CFR

Code Federal Regulation

CO

Contracting Officer

COR

Contracting Officer Representative

Occupant

An individual employed by the U.S. Government and being assigned a rented / leased residence by the U.S. Government.

FMO

The Financial Management Officer or the paying office

GSO

Officer in charge of the General Services Office at post.

GTM

Government Technical Monitor

QA

Quality Assurance

QAP

Quality Assurance Personnel

QAPC

Quality Assurance Program Coordinator

US Embassies Madrid, Spain & Lisbon, Portugal Page 19 of 82

QASP

Quality Assurance Surveillance Plan

QC

Quality Control

QCP

Quality Control Plan

PWS

Performance Work Statement

TBD

To be determined

USG

U.S. Government

US Embassies Madrid, Spain & Lisbon, Portugal Page 20 of 82

VI CONTRACTOR ADMINISTRATIVE RESPONSIBILITIES A.

REGULAR REPORTING / DELIVERABLES

The contractor shall provide the COR regular reports as follows:

Report or Document Deliver to and how Due date

Invoices (para V, D.3.a and Section 2, FAR 52.212-4 g.1)

COR/FMC, by e-mail

Last working day of following month

The contractor shall be responsible for creating, maintaining, and disposing of only those government-required records that are specifically cited in this SOW. If requested by the USG, the contractor shall provide the original record or a reproducible copy of any such record within five working days of receipt of the request.

B. PERSONNEL AND SECURITY REQUIREMENTS

B.1 Personnel – As per Executive Order 3224 (Blocking Property and Prohibiting

Transactions with Persons who commit, threaten to commit or support Terrorism), persons on the Specially Designated Nationals (SDN) list shall not be assigned to / accepted by the USG to work under this or any other contract. The contractor may use the search tool at http://sdnsearch.ofac.treas.gov/ to satisfy this requirement.

If at any time during contract performance the contractor becomes aware of any employee being listed on the above web site, the contractor shall immediately inform the COR and shall remove the employee in question from all USG work.

B.2 Physical and Information Security Requirements

B.2.a The contractor shall be responsible for safeguarding all government information provided for contractor use. The contractor will allow only the necessary employees to have access to the information provided by the government. All material produced for the Embassy will be the sole property of the USG. The contractor shall not release any concepts, material in production, or produced material to anyone, unless authorized by the USG.

US Embassies Madrid, Spain & Lisbon, Portugal Page 21 of 82

B.2.b The contractor shall immediately report any and all occurrences of personnel outside their company inquiring about personnel and work being completed with the Embassy to the COR, the GTM or the contracting officer. All relevant personally identifiable information (PII) shall not be provided to anyone person or any entity outside the USG.

B.3 Standards of Conduct: During work at residences and / or communication with

Embassy staff and / or occupants, the contractor shall maintain satisfactory standards of employee competency, conduct, and appearance and shall be responsible for taking such disciplinary action with respect to employees as may be necessary.

The following are considered disorderly conduct and shall lead to the immediate removal of any employee.

1. drinking (or arriving drunk) on the job;

2. smoking in or within 20 meters of any Government buildings or residences;

3. use of abusive or offensive language, quarreling, intimidation by words, actions, fighting;

4. use / being under the influence of intoxicants and narcotics; or

5. request or accept any articles or currency as a gratuity for work performed under this contract.

In cases where the contractor is required to remove personnel from work under this contract as a result of misconduct of the contractor or its employee (such as, but not limited to criminal activity, security violation) the contractor will be required to assume full responsibility and bear all expenses and costs associated with the prompt removal of any offending employee and all costs associated with providing a suitable replacement. The USG denies all costs associated with such actions

B.4 Notice to the Government of Labor Disputes: The contractor shall inform the

COR of any actual or potential labor dispute that is delaying or threatening to delay the timely performance of this contract

C. QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

The contractor shall be responsible for implementing a plan and provide a copy to the COR no later than 30 calendar days after contract award. Additionally, in accordance with the Inspection of Services clause, the USG will perform inspection and acceptance. Any USG inspection does not relieve the contractor of its obligation of quality assurance.

D. TRANSITION PLAN AND NOTIFICATION

If there is a change in contractor, the incumbent contractor shall provide familiarization to the follow-on contractor or the USG, whichever the case may be.

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During the familiarization period, the incumbent shall be fully responsible for the complete transfer of operations.

E. INSURANCE

E.1 The contractor shall, at its own expense, provide and maintain the following insurance amounts during the entire contract performance period:

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

Bodily Injury stated in local currency (Euros):

Per Occurrence € 50,000.00 Cumulative € 500,000.00

Property Damage on the residences in local currency (Euros):

Per Occurrence € 10,000.00 Cumulative € 100,000.00

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.

E.2 The contractor agrees that the USG 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 USG from any and all claims arising there from, except in the instance of gross negligence on the part of the USG.

E.3 The contractor shall obtain adequate insurance for damage to, or theft of, materials and equipment in insurance coverage for loose transit to the residences or in storage on or off site of the residences.

E.4 Time for Submission – The contractor shall provide evidence of the insurance required under this contract within ten (10) calendar days after contract award.

Failure to timely submit this evidence, in a form acceptable to the COR, may result in rescinding or termination of the contract by the Government.

It is possible that the Contracting Officer may elect to issue the Notice to Proceed

(NTP) before receipt and acceptance of evidence of insurance. Issuance of a Notice

US Embassies Madrid, Spain & Lisbon, Portugal Page 23 of 82 to Proceed by the USG before receipt of the required insurance certificates or policies shall not be a waiver of the requirement to furnish these documents.

V CONTRACT GENERAL AND ADMINISTRATION A. USG RIGHTS

The USG reserves the right to conduct site visits in all contractor operated facilities in conjunction with the solicitation of offers for the follow-on contract. In the event the follow-on contract is awarded to other than the incumbent, the incumbent contractor shall cooperate to the extent required to permit an orderly change over to the successful contractor.

B LAWS AND REGULATIONS

B.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.

B.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.

B.3 A contract with the U.S. Government conveys no special privileges or immunities to the contractor. The contractor is an independent commercial concern and not a part of the U.S. mission. The contractor's employees are not USG employees.

Registration of this contract with the host country government, if required by law, will be the sole responsibility of the contractor, and any fees, taxes, or other duties shall be payable by the contractor without recourse to the Government of the amounts thereof.

B.4 The only items that the U.S. Government will consider for price adjustments are those that are mandated by the host country government (e.g. changes in the VAT rate or minimum wage requirement) or by other mandatory requirements (e.g. DBA rate).

C. LANGUAGE PROFICIENCY

The key personnel (see Section 5) assigned by the contractor to this contract shall be fluent in written and spoken English.

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D. CONTRACT ADMINISTRATION DATA

D.1 Authority of the Contracting Officer – All work shall be performed under the general direction of the Contracting Officer, who alone shall have the power to bind the Government and to exercise the rights, responsibilities, authorities and functions vested by the contract, except that the Contracting Officer and the Procurement Executive shall have the right to designate authorized representatives to act for the Contracting Officer, as specifically provided in the designation of that individual, such as the COR.

D.2 Government Personnel

Contracting Officer: Fabiola Bellevue

Contract Administrator: Wencke Jacobsen E-mail address: JacobsenW@state.gov

Contracting Officer's Representative (COR): to be named at the time of award

D.3 Invoices, Review and Payment

a. The contractor shall submit monthly invoices on the last day of each month to the Financial Management Center (FMC) at the addresses shown below. Amounts invoiced shall be prorated based on the date of delivery / removal.

Deliveries ordered between the 1st and 14th of the month, shall be charged in the same month; deliveries ordered from the 15th to the 30th of the month, shall be charged in the following month.

A proper invoice shall include the following information:

• Contractor's name and bank account information for payments by electronic funds transfers

• Invoice Date

• Contract and Task Order number

• A summary showing a listing of all residences showing itemized prices for the furniture installed in them with total monthly price in Euro for each residence.

• Prompt payment discount if any

• Name, title, phone number, and address of person to contact in case of defective invoice

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b. If an invoice does not contain the above information, the USG reserves the right to reject the invoice as improper and return it to the contractor within seven (7) calendars days requiring the contractor to submit a proper invoice.

c. The contractor shall send all invoices for furniture rented in Spain to the following address:

U.S. Embassy Attn. FMC Ref. Contract #### Task order ####

CIF N4001548I

Serrano, 75 28006 Madrid, Spain and submit the invoice to the following e-mail address:

MadridFMO.facturas@state.gov

d. The contractor shall send all invoices for furniture rented in Portugal to the following address:

U.S. Embassy Attn. FMC Ref. Contract xxx Task order xxx Avda. Das Forcas Armadas 1600-081 Lisbon, Portugal and submit the invoice to the following e-mail address:

invoicelisbon@state.gov

Payment shall be made in Euros by Electronic Funds Transfer (EFT) within thirty (30) calendar days after receipt of a proper invoice.

Each invoice shall include the items listed in Section 2, FAR 52.212-4 g.1.

D.4 CHANGES IN OWNERSHIP – The contractor shall furnish the COR advance notification (90 calendar days prior to the effective date) of any disposition or the change in ownership or terms of lease of any facilities utilized by him for performance of any service under this contract

E. FUNDING / TASK ORDERS

As the contract remains unfunded, funding will be provided by issuing local task orders.

E.1 Each task order will contain the following information:

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• Name of contractor

• Contract number

• Date of order

• Task order number

• Name of person placing the order

• Detailed list of the furniture to be delivered including unit monthly rental price and total monthly rental price

• VAT or other taxes as a separate item, if applicable

• Fiscal data covering the cost of the order

• Delivery / commencement and period of performance

• Delivery address including phone number and name of the occupant

• Contractor’s point of contact including phone number and E-mail in order to coordinate furniture delivery

• COR, including e-mail address and phone number

• applicable contract clauses, either in reference or in full text if necessary

The Contracting Officers in Madrid, Barcelona and Lisbon shall issue the individual task orders.

E.2 Task Order Dates – The USG shall:

a. Issue task orders at least thirty (30) calendar days prior to the required furniture delivery date;

b. Provide final dates / times and delivery details to the contractor at least fifteen (15) calendar days prior to the required furniture delivery date;

c. Inform the contractor of furniture removals at least twenty (15) calendar days before the required removal date;

d. Provide the final dates / times for removal of furniture at least seven (7) calendar days before the required removal date.

e. Inform the contractor of the number of family members and address of the residence within fifteen (15) calendar days after post receives notification of staff arrival date. If necessary, the contractor will meet with the COR of Housing Inspector to view residence and check for potential problems.

f. Shall request the delivery or removal of Welcome and Departure Kits at least five (5) calendar days before the required delivery or removal day.

E.3 From time to time, the USG may issue modifications to original orders for additional furniture required in any residence. If modifications are issued, the rental period shall be co-terminus with the first rental period commencing on the commencement date specified in the relevant modification unless a modification specifically states

US Embassies Madrid, Spain & Lisbon, Portugal Page 27 of 82 that the rental period is changed. The USG may require removal of all items in the case that the employee is transferred or must leave due to professional obligations.

E.4 The USG will have the right to add / remove furniture once within six (6) months of the occupant’s arrival date; this is referred to as a ‘one-time change’.

Occupants are NOT authorized to order additional furniture or ask the contractor to remove furniture from their residences. All such requests shall be taken care of by the COR by written task order or modification to an existing task order.

E.5 If the contractor cannot deliver the intended type of furniture on the date stipulated, the contractor shall supply comparable furniture – including the change to the intended type of furniture – at no additional cost to the USG until the furniture ordered is delivered.

F. CHOICE OF LAW

This contract shall be construed and interpreted in accordance with the substantive laws of the United States of America. By the execution of this contract, the contractor expressly agrees to waive any rights to invoke the jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdiction of the United States Civilian Board of Contract Appeals and the United States Court of Federal Claims for hearing and determination of any and all disputes that may arise under the Disputes clause of this contract.

G. PERIOD OF PERFORMANCE

One year with four one-year option periods. Option years, if exercised, shall commence one day after the expiration of the previous period of performance.

The period of performance shall start upon the contractor’s receipt of the signed

Notice to Proceed issued by the contracting officer.

The Government may extend this contract in accordance with the option clause in

Section 2, FAR 52.217-9, Option to Extend the Term of the Contract - Deviation, which also specifies the total duration of this contract.

The Government may exercise the option set forth at Section 2, "FAR 52.217-8, Option to Extend Services", within the currently ongoing period of performance.

Notwithstanding the expressed contract expiration date, this contract shall remain in full force and effect until the last items or services ordered hereunder have been delivered and accepted by the Government.

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SECTION 2 - CONTRACT CLAUSES

52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018)

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

(1) Within a reasonable 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 performance 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 relating 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 contract, 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 occurrence 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, epidemics, 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-

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(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 contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, 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 Management and Budget (OMB) prompt payment regulations at 5 CFR Part1315.

(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 contract, 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 Part1315.

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

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(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…