19GE5019R0072.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

19GE5019R0072

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

DATE

08/13/2019

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

David D. Machen

b. TELEPHONE NUMBER (No collect calls)

c. EMAIL machendd@state.gov

8. OFFER DUE DATE / LOCAL

TIME

09/10/2019 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: 561621

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

X

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

BERLICODE15. DELIVER TO

AMERICAN EMBASSY BERLIN

PARISER PLATZ 2

ATTN: BERLIN

BERLIN, 10117

GERMANY

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 BERLICODE18a. PAYMENT WILL BE MADE BY

AMERICAN EMBASSY BERLIN

AMERICAN EMBASSY, CLAYALLEE 170

FINANCIAL MANAGEMENT CENTER, ATTN. DBO

Berlin, 14191

GERMANY

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

19GE5019R0072

Table of Contents

Section Description Page Number

2 Contract Clauses 52.203-3 Gratuities (Apr 1984) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) 52.228-3 Workers' Compensation Insurance (Defense Base Act) (July 2014) 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas (Apr 1984) 52.229-6 Taxes - Foreign Fixed-Price Contracts (Feb 2013) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.203-12 Limitation On Payments To Influence Certain Federal Transactions (Oct 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government (Sept 2006) - Alternate I (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.212-4 Contract Terms and Conditions--Commercial Items (Oct 2018) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (May 2019) 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)

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

2015)

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (Apr 1984)

3 Solicitation Provisions 52.212-1 Instructions to Offerors--Commercial Items (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016)

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

52.204-7 System for Award Management (Oct 2018) 52.212-1 Addendum Instructions to Offerors

4 Evaluation Factors

52.212-2 EVALUATION - COMMERCIAL ITEMS

52.225-17 Evaluation of Foreign Currency Offers (Feb 2000)

5 Representations and Certifications 52.212-3 Offeror Representations and Certifications--Commercial Items (Oct 2018)

652.225-70 ARAB LEAGUE BOYCOTT OF ISRAEL (AUG 1999)

001 CLIN 0001

BASE YEAR

Preventative Maintenance Services Standard Service (scheduled), in accordance with PWS

12.00 MO

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/25/2019 to 09/24/2020

002 CLIN 0002

BASE YEAR

Unscheduled Technical Service / Emergency Repair (Regular Working Hours)

Unplanned service required to resolve any system malfunctions, in accordance with PWS

80.00 HR

This rate shall cover any and all labor, profit, and consumable costs for work performed during the hours of 07:00 and 17:00 CET, Monday thru Friday (excluding German holidays).

This line item is an estimated quantity that shall not exceed 80 hours per year.

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/25/2019 to 09/24/2020

003 CLIN 0003

BASE YEAR

Unscheduled Technical Service / Emergency Repair (Extended Working Hours)

Unplanned service required to resolve any system malfunctions, in accordance with PWS

40.00 HR

This rate shall cover any and all labor, profit, and consumable costs for work performed outside of the regular working hours of 07:00 and 17:00 CET Monday thru Friday (excluding German holidays).

This line item is an estimated quantity that shall not exceed 40 hours per year.

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/25/2019 to 09/24/2020

004 CLIN 0004

BASE YEAR

Unscheduled Technical Service / Emergency Repair Call-out Fee

20.00 JB

This is a firm, fixed fee for each individual repair call under CLIN 0002 and 0003. This fee shall include any direct and indirect costs associated with individual repair visits such as travel, lodging and in direct labor costs.

This line item is an estimated quantity that shall not exceed 20 visits per year.

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/25/2019 to 09/24/2020

005 CLIN 0005

BASE YEAR

Parts and Material Parts and material (other than consumable items) required to maintain system functionality, and with prior approval of

1.00 LS

19GE5019R0072

Line Item Summary

Solicitation Number:

19GE5019R0072

Contract Number: Title: BER- Bollard Maintenance Date of Solicitation:

08/13/2019

Line Item No. Description Quantity Unit Unit Price Total Cost the COR.

Costs shall be the actual cost of the parts and material, as well as any related shipping, duties, and taxes, and shall reflect any discounts/rebates granted by the supplier to the contractor.

This is a cost reimbursable line item not to exceed 7,500 Euro per year.

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/25/2019 to 09/24/2020

006 CLIN 0006

BASE YEAR

Defense Base Act (DBA) Insurance As required.

1.00 LT

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/25/2019 to 09/24/2020

007 CLIN 0007

BASE YEAR

Value Added Tax (VAT)

1.00 LT

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/25/2019 to 09/24/2020

1001 CLIN 1001

FIRST OPTION YEAR

Preventative Maintenance Services Standard Service (scheduled), in accordance with PWS

12.00 MO

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/25/2020 to 09/24/2021

1002 CLIN 1002

FIRST OPTION YEAR

Unscheduled Technical Service / Emergency Repair (Regular Working Hours)

Unplanned service required to resolve any system malfunctions, in accordance with PWS

80.00 HR

This rate shall cover any and all labor, profit, and consumable costs for work performed during the hours of 07:00 and 17:00 CET, Monday thru Friday (excluding German holidays).

This line item is an estimated quantity that shall not exceed 80 hours per year.

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/25/2020 to 09/24/2021

1003 CLIN 1003

FIRST OPTION YEAR

Unscheduled Technical Service / Emergency Repair (Extended Working Hours)

Unplanned service required to resolve any system malfunctions, in accordance with PWS

40.00 HR

This rate shall cover any and all labor, profit, and consumable costs for work performed outside of the regular working hours of 07:00 and 17:00 CET Monday thru Friday (excluding German holidays).

19GE5019R0072

Line Item Summary

Solicitation Number:

19GE5019R0072

Contract Number: Title: BER- Bollard Maintenance Date of Solicitation:

08/13/2019

This line item is an estimated quantity that shall not exceed 40 hours per year.

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/25/2020 to 09/24/2021

1004 CLIN 1004

FIRST OPTION YEAR

Unscheduled Technical Service / Emergency Repair Call-out Fee

20.00 JB

This is a firm, fixed fee for each individual repair call under CLIN 1002 and 1003. This fee shall include any direct and indirect costs associated with individual repair visits such as travel, lodging and in direct labor costs.

This line item is an estimated quantity that shall not exceed 20 visits per year.

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/25/2020 to 09/24/2021

1005 CLIN 1005

FIRST OPTION YEAR

Parts and Material Parts and material (other than consumable items) required to maintain system functionality, and with prior approval of the COR.

1.00 LS

Costs shall be the actual cost of the parts and material, as well as any related shipping, duties, and taxes, and shall reflect any discounts/rebates granted by the supplier to the contractor.

This is a cost reimbursable line item not to exceed 7,500 Euro per year.

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/25/2020 to 09/24/2021

1006 CLIN 1006

FIRST OPTION YEAR

Defense Base Act (DBA) Insurance As required.

1.00 LT

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/25/2020 to 09/24/2021

1007 CLIN 1007

FIRST OPTION YEAR

Value Added Tax (VAT)

1.00 LT

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/25/2020 to 09/24/2021

2001 CLIN 2001

SECOND OPTION YEAR

Preventative Maintenance Services Standard Service (scheduled), in accordance with PWS

12.00 MO

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/25/2021 to 09/24/2022

2002 CLIN 2002

SECOND OPTION YEAR

80.00 HR

19GE5019R0072

Line Item Summary

Solicitation Number:

19GE5019R0072

Contract Number: Title: BER- Bollard Maintenance Date of Solicitation:

08/13/2019

Unscheduled Technical Service / Emergency Repair (Regular Working Hours)

Unplanned service required to resolve any system malfunctions, in accordance with PWS This rate shall cover any and all labor, profit, and consumable costs for work performed during the hours of 07:00 and 17:00 CET, Monday thru Friday (excluding German holidays).

This line item is an estimated quantity that shall not exceed 80 hours per year.

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/25/2021 to 09/24/2022

2003 CLIN 2003

SECOND OPTION YEAR

Unscheduled Technical Service / Emergency Repair (Extended Working Hours)

Unplanned service required to resolve any system malfunctions, in accordance with PWS

40.00 HR

This rate shall cover any and all labor, profit, and consumable costs for work performed outside of the regular working hours of 07:00 and 17:00 CET Monday thru Friday (excluding German holidays).

This line item is an estimated quantity that shall not exceed 40 hours per year.

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/25/2021 to 09/24/2022

2004 CLIN 2004

SECOND OPTION YEAR

Unscheduled Technical Service / Emergency Repair Call-out Fee

20.00 JB

This is a firm, fixed fee for each individual repair call under CLIN 2002 and 2003. This fee shall include any direct and indirect costs associated with individual repair visits such as travel, lodging and in direct labor costs.

This line item is an estimated quantity that shall not exceed 20 visits per year.

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/25/2021 to 09/24/2022

2005 CLIN 2005

SECOND OPTION YEAR

Parts and Material Parts and material (other than consumable items) required to maintain system functionality, and with prior approval of the COR.

1.00 LS

Costs shall be the actual cost of the parts and material, as well as any related shipping, duties, and taxes, and shall reflect any discounts/rebates granted by the supplier to the contractor.

This is a cost reimbursable line item not to exceed 7,500 Euro per year.

Doc Ref No:

Delivery Date (Start to End) Date FOB:

19GE5019R0072

Line Item Summary

Solicitation Number:

19GE5019R0072

Contract Number: Title: BER- Bollard Maintenance Date of Solicitation:

08/13/2019

09/25/2021 to 09/24/2022

2006 CLIN 2006

SECOND OPTION YEAR

Defense Base Act (DBA) Insurance As required.

1.00 LT

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/25/2021 to 09/24/2022

2007 CLIN 2007

SECOND OPTION YEAR

Value Added Tax (VAT)

1.00 LT

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/25/2021 to 09/24/2022

3001 CLIN 3001

THIRD OPTION YEAR

Preventative Maintenance Services Standard Service (scheduled), in accordance with PWS

12.00 MO

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/25/2022 to 09/24/2023

3002 CLIN 3002

THIRD OPTION YEAR

Unscheduled Technical Service / Emergency Repair (Regular Working Hours)

Unplanned service required to resolve any system malfunctions, in accordance with PWS

80.00 HR

This rate shall cover any and all labor, profit, and consumable costs for work performed during the hours of 07:00 and 17:00 CET, Monday thru Friday (excluding German holidays).

This line item is an estimated quantity that shall not exceed 80 hours per year.

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/25/2022 to 09/24/2023

3003 CLIN 3003

THIRD OPTION YEAR

Unscheduled Technical Service / Emergency Repair (Extended Working Hours) Unplanned service required to resolve any system malfunctions, in accordance with PWS

40.00 HR

This rate shall cover any and all labor, profit, and consumable costs for work performed outside of the regular working hours of 07:00 and 17:00 CET Monday thru Friday (excluding German holidays).

This line item is an estimated quantity that shall not exceed 40 hours per year.

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/25/2022 to 09/24/2023

3004 CLIN 3004

THIRD OPTION YEAR

Unscheduled Technical Service / Emergency Repair Call-out Fee

20.00 JB

This is a firm, fixed fee for each individual repair call under

19GE5019R0072

Line Item Summary

Solicitation Number:

19GE5019R0072

Contract Number: Title: BER- Bollard Maintenance Date of Solicitation:

08/13/2019

CLIN 3002 and 3003. This fee shall include any direct and indirect costs associated with individual repair visits such as travel, lodging and in direct labor costs.

This line item is an estimated quantity that shall not exceed 20 visits per year.

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/25/2022 to 09/24/2023

3005 CLIN 3005

THIRD OPTION YEAR

Parts and Material Parts and material (other than consumable items) required to maintain system functionality, and with prior approval of the COR.

1.00 LS

Costs shall be the actual cost of the parts and material, as well as any related shipping, duties, and taxes, and shall reflect any discounts/rebates granted by the supplier to the contractor.

This is a cost reimbursable line item not to exceed 7,500 Euro per year.

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/25/2022 to 09/24/2023

3006 CLIN 3006

THIRD OPTION YEAR

Defense Base Act (DBA) Insurance As required.

1.00 LT

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/25/2022 to 09/24/2023

3007 CLIN 3007

THIRD OPTION YEAR

Value Added Tax (VAT)

1.00 LT

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/25/2022 to 09/24/2023

4001 CLIN 4001

FOURTH OPTION YEAR

Preventative Maintenance Services Standard Service (scheduled), in accordance with PWS

12.00 MO

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/25/2023 to 09/24/2024

4002 CLIN 4002

FOURTH OPTION YEAR

Unscheduled Technical Service / Emergency Repair (Regular Working Hours)

Unplanned service required to resolve any system malfunctions, in accordance with PWS

80.00 HR

This rate shall cover any and all labor, profit, and consumable costs for work performed during the hours of 07:00 and 17:00 CET, Monday thru Friday (excluding German holidays).

This line item is an estimated quantity that shall not exceed 80 hours per year.

19GE5019R0072

Line Item Summary

Solicitation Number:

19GE5019R0072

Contract Number: Title: BER- Bollard Maintenance Date of Solicitation:

08/13/2019

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/25/2023 to 09/24/2024

4003 CLIN 4003

FOURTH OPTION YEAR

Unscheduled Technical Service / Emergency Repair (Extended Working Hours)

Unplanned service required to resolve any system malfunctions, in accordance with PWS

40.00 HR

This rate shall cover any and all labor, profit, and consumable costs for work performed outside of the regular working hours of 07:00 and 17:00 CET Monday thru Friday (excluding German holidays).

This line item is an estimated quantity that shall not exceed 40 hours per year.

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/25/2023 to 09/24/2024

4004 CLIN 4004

FOURTH OPTION YEAR

Unscheduled Technical Service / Emergency Repair Call-out Fee

20.00 JB

This is a firm, fixed fee for each individual repair call under CLIN 4002 and 4003. This fee shall include any direct and indirect costs associated with individual repair visits such as travel, lodging and in direct labor costs.

This line item is an estimated quantity that shall not exceed 20 visits per year.

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/25/2023 to 09/24/2024

4005 CLIN 4005

FOURTH OPTION YEAR

Parts and Material Parts and material (other than consumable items) required to maintain system functionality, and with prior approval of the COR.

1.00 LS

Costs shall be the actual cost of the parts and material, as well as any related shipping, duties, and taxes, and shall reflect any discounts/rebates granted by the supplier to the contractor.

This is a cost reimbursable line item not to exceed 7,500 Euro per year.

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/25/2023 to 09/24/2024

4006 CLIN 4006

FOURTH OPTION YEAR

Defense Base Act (DBA) Insurance As required.

1.00 LT

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/25/2023 to 09/24/2024

4007 CLIN 4007

FOURTH OPTION YEAR

1.00 LT

19GE5019R0072

Line Item Summary

Solicitation Number:

19GE5019R0072

Contract Number: Title: BER- Bollard Maintenance Date of Solicitation:

08/13/2019

Value Added Tax (VAT)

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/25/2023 to 09/24/2024

1. SERVICES AND PRICES

1.1 SERVICES

The contractor shall perform preventative maintenance, as well as troubleshooting and repair, of the 38 electro mechanical bollards installed around the U.S. Embassy Berlin, Pariser Platz 2, Berlin.

The price listed below shall include all labor, insurance, overhead, and profit. The Government will pay the Contractor the fixed price per month for preventative maintenance services and a fixed rate per hour for any un-scheduled repair services that have been satisfactorily performed.

1.2. TYPE OF CONTRACT

This is a firm fixed-price contract payable entirely in the currency indicated by the Contractor in Sub-Section

1.3. No additional sums will be payable on account of any escalation in the cost of materials, equipment or labor, or because of the Contractor's failure to properly estimate or accurately predict the cost or difficulty of achieving the results required by this contract.

Nor will the contract price be adjusted on account of fluctuations in the currency exchange rates. Changes in the contract price 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 Contracting Officer.

1.3 CONTRACT PRICE

The Contractor shall complete all work (including furnishing all labor, material, equipment, and services) re-quired under this contract for the following firm-fixed price and within the time specified herein. This price shall include all labor, services, materials, equipment, overhead, costs for insurance, profit, travel, DBA Insur-ance, and any other costs required to perform and complete all services, in accordance with the Performance Work Statement (PWS) and all other contract terms and conditions stated within the contract.

If applicable, insurance required by FAR 52.228-3, Workers’ Compensation Insurance (Defense Base Act), shall be part of the firm fixed-price. Any costs not priced will be included in overhead and other indirect costs.

1.3.1 Total Contract Price

The Contractor shall provide the services for the base period of the contract at the pricing shown in the Sched-ule of Services (beginning on page 3 of this document) and any option years exercised by the Government.

Prices shall remain firm and fixed for the entire duration of the contract. Price adjustments are authorized only when explicitly authorized by the contracting officer.

19GE5019R0072

Line Item Summary

Solicitation Number:

19GE5019R0072

Contract Number: Title: BER- Bollard Maintenance Date of Solicitation:

08/13/2019

GRAND TOTAL:

BASE YEAR TOTAL

FIRST OPTION YEAR TOTAL

SECOND OPTION YEAR TOTAL

THIRD OPTION YEAR TOTAL

FOURTH OPTION YEAR TOTAL .

GRAND TOTAL (BASE + OPTION YEARS)

CURRENCY : The prices are stated in _________________________(please insert the cur-rency of the offer).

The offeror shall clearly identify and state the currency for all costs in their price proposal. After award, the Contractor shall invoice in and payment will be made according to the currency identified in the offerror's pro-posal, unless otherwise specified by the Contracting Officer.

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 the Schedule of Ser-vices, CLIN 0007. To receive reimbursement for VAT, it will also be necessary for:

• The contractor to be in possession of a German VAT registration number, and for this registration number to be included in all payment requests;

• The VAT shall also be reflected as a separate cost item on all invoices submitted under the resulting con-tract.

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 DEFENSE BASE ACT (DBA) INSURANCE

B.5.1 DBA insurance is required for all United States citizens or residents and individuals hired in the United States, regardless of citizenship for any construction and services for U. S. overseas contracts over US$3,500.00. DBA insurance is also required for all Host Country Nationals (HCNs) and Third Country Na-tionals (TCNs) working overseas unless waved by the Department of Labor (DOL). Only the countries listed currently on the DOL’s Active DBA Waivers are not required to have DBA insurance for Host Country Nation-als (HCNs) and Third Country Nationals (TCNs). See website for country waivers: https://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm). The waiver is only valid if alternative worker’s compensation benefits are provided to the waived employees pursuant to applicable local law. If there are no local worker’s compensation laws, the waiver has no effect and HCN and TCN (if applicable by local law) working under a U. S. contract shall be included and covered under the DBA.

B.5.2 The DBA insurance may be obtained from any authorized DBA insurance broker, see Sub-Section I.14, FAR 52.228-3 WORKER’S COMPENSATION INSURANCE (DEFENSE BASE ACT) (APR 1984). New DBA insurances policies can be purchased directly from any DOL approved insurance carrier. A list of DOL approved carriers may be found at http://www.dol.gov/owcp/dlhwc/lscarrier.htm.

B.5.3 The Contractor will be reimbursed for DBA only to the extent the contractor provides documentary proof that DBA has been paid and only to the extent quoted in the Pricing Schedule.

B.5.4 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 applicable, the Contractor will be required to provide evidence of insurance (certification of coverage and a paid invoice) within 15 calendar days from the date of award.

B.5.5 Germany is currently included on the DOL’s active waiver list. In accordance with the waiver, valid un-til January 22,2023, DBA insurance is only required for workers performing on this contract who are US cit-izens.

Section 1- Solicitation/Contract Form

2. PERFORMANCE WORK STATEMENT

2. Preventive Maintenance Services

System Maintenance The following maintenance schedules, as recommended by the system's manufacture, shall be adhered to in or-der to maintain system functionality.

The contractor shall block traffic during all maintenance actvities to prevent accidents.

2.1 Monthly Maintenance - The contractor shall check and service the following monthly:

2.1.1 Confirm that the Bollards operate smoothly during the raise and lower cycle. See appropriate Trouble Shooting section of the manual if any faults are observed.

2.1.2 Remove Bollard top cap and check for debris or water build up in the bottom of the foundation tube.

Clear any debris from the foundation tube. If water is found, it shall be removed and the drain cleared.

2.1.3 Lubricate the chains with EP Synthesis long life grease (HHS Lube from manufacturer Würth or equal quality). Ensure that the lubricant is suitable for the a temperature range from -25 to +150 degree C.

2.1.4 Check all control functions for complete operation of all features. See appropriate Trouble Shooting sec-tion of the manual if any faults are observed.

2.2 Annual Maintenance – The contractor shall check and service the following once a year:

2.2.1 Confirm that the Bollards operate smoothly during the raise and lower cycle. See appropriate Trouble Shooting section of the manual if any faults are observed.

2.2.2 Remove Bollard and check for debris or water build up in the bottom of the foundation tube. Clear any debris from the foundation tube. If water is found it should be removed and the drain may need to be cleared.

2.2.3 Lubricate the chains with a good quality, non-detergent petroleum based oil. Ensure that the lubricant is suitable for the ambient temperature.

2.2.4 Check all control functions for complete operation of all features. See appropriate Trouble Shooting sec-tion of the manual if any faults are observed.

2.2.5 Examine the foundation tubes for debris buildup, check drain lines. Clean debris.

2.2.6 Tighten or replace any loose top plate bolts. Drill and tap to next size or use inserts if threads are stripped.

2.2.7 Check condition of the Bollard paint surface. Prepare, prime and touch up areas where the paint has be chipped or worn away. Apply new reflective tape as necessary.

2.2.8 Check sewer pump assembly. Clean out sump pump filters and sump pump wells.

2.2.9 Test motor starter overloads by pressing the test button. Replace if necessary or press reset. Auto/Manual switch should be in the Manual position.

2.2.10 Check the operation of the Bollard heaters. They should get warm in approximately one minute after energization.

2.2.11 Check the operation of the pavement heating. Perform insulation test, incl. Insulation test protocol.

2.2.12 Check the operation of the induction loop.

2.2.13 Check the operation of the un-carriage lighting system.

2.2.14 Check operation of the control cabinets. Tighten connections if required.

2.2.15 Check the UPS operation, incl. test protocol.

2.3 Technical Service and Unscheduled Repair Services

2.3.1. The activities described in this section refer to any service and repair work required outside of the regu-larly scheduled preventative maintenance described in paragraph 2.1.2 and 2.1.3.

2.3.2. The contractor shall begin repair service within 12 hours of being notified of a system malfunction with a goal of having the system fully operational within 24 hours after notification in order to maintain vehicular ac-cess to the Embassy Building.

2.3.3. Any repair carried out shall be done within 3 hours per bollard. The COR shall be notified of any repair that is estimated to take longer than 3 hours, before starting the repair.

2.3.4. The COR will approve or reject each repair service prior to the technician departing the site.

2.3.5. The Contractor shall maintain an accurate record of all work performed that shall include the date and times work started and ended and any and all work pauses. The COR, or his designated representative, shall sign this documentation, acknowledging the accuracy of the begin and end times.

2.3.6. The Government shall only pay for time actually worked and not for any travel time or work pauses.

2.4 Call-out Fee . The contractor shall charge a firm, fixed fee for each individual unscheduled technical ser-vice/emergency repair visit. Individual repairs which require multiple consequetive days to complete shall count as one visit. This fee shall compensate the contractor for such cost as travel, lodging, and the technician's travel time. Similar costs associated with the scheduled preventitive maintenance activities (CLINs 0001, 1001, 2001, 3001, and 4001) shall be built into the monthly firm-fixed price.

2.5 Parts and Material.

2.5.1 The contrator shall maintain a stock of spare parts to ensure that malfunctioning bollards can be quickly made operational (within 24 hours after notification). The parts stock shall be stored in the US Embassy's Chan-cery to ensure quick access. The stock shall include, but is not limited to, electrical, electronic- and mechanical parts including sensors, limit switches, chains, couplings, motors etc.

2.5.2 The stock shall be restocked within two weeks after use of any of the spare parts. If additional materials are required, the owner will increase the amount based upon requirements.

2.5.3 The content of the stock shall be approved by the COR. A parts price list shall be coordinated with the COR within 15 days after contract award, and updated annually. Prices shall not be greater than the suppliers' open market prices.

2.5.4 The Parts and Material CLINs (0005, et al.) is a cost reimbursable line item, not to exceed the amount stated in the Schedule of Services. An increase to the funding of this CLIN requires a formal modification to the contract.

3. Safety Precautions

At all times good safety practices shall be observed when working on either the electrical or mechanical system.

Particular attention should be paid to the danger of working on the Bollards when the power is on. The Bollards have powerful electric motors that can easily crush anything in their way. Keep hands free of any pinch points in the mechanism when the power is on. Turn off the electric power before working on any part of the system.

Traffic should be controlled around the Bollards during any work so that vehicular accidents do not occur if the Bollards should happen to rise. After work is complete, do not allow traffic over the Barrier until all control and safety functions have been verified to be properly working.

4. Insurance

4.1 Amount of Insurance. The Contractor is required to provide whatever insurance is legally necessary. The Contractor shall, at its own expense provide and maintain during the entire performance period the insurance listed in paragraph 4.2.

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

• Bodily Injury stated in Euro: Per Occurrence €500,000

• Property Damage stated in Euro: Per Occurrence €1,000,000

4.3. The 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.

4.4 For those Contractor employees assigned to this contract who are either United States citizens or direct hire in the United States or its possessions, the Contractor shall provide workers’ compensation insurance in accordance with FAR 52.228-3.

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

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

4.7 Time for Submission of Evidence of Insurance. The Contractor shall provide evidence of the insurance required under this contract within ten (10) calendar days after contract award. The Government may rescind or terminate the contract if the Contractor fails to timely submit insurance certificates identified above.

5 . LAWS AND REGULATIONS

5.1 Without additional expense to the Government, the Contractor shall comply with all laws, codes, ordin-ances, and regulations required to perform this work. In the event of a conflict among the contract and require-ments of local law, the Contractor shall promptly advise the Contracting Officer of the conflict and of the Con-tractor's proposed course of action for resolution by the Contracting Officer.

5.2 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.

6 Quality Assurance and Surveillance Plan (QASP).

This plan is designed to provide an effective surveillance method to promote effective contractor performance.

The QASP provides a method for the Contracting Officer's Representative (COR) to monitor contractor per-formance, advise the contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to conduct quality assurance to ensure that contract standards are achieved.

Performance Objective PWS Para Performance Threshold Services.

Performs all services set forth in this Performance Work Statement (PWS)

2.1 Bollard downtime (disfunctional) less

than 24 hours

6.1 SURVEILLANCE. The COR will document all contractor response time.

6.2 STANDARD. The performance standard is that disfunctional individual bollards are made fully function-al with 24 hours of the contractor being notified of a problem. 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.

6.3 PROCEDURES.

(a) The COR will track bollard downtime and the contractor's response times. This information will be shared with the contractor on a monthly basis.

(b) In the event that more than one instance of performance not meeting the 24-hour threshold in two con-sequtive months, the contractor shall provide the COR a report documenting the reasoning why the repairs did not meet the 24-hour theshold and discuss remedies to resolve identified problems.

(c) In the event that four or more instance of performance not meeting the 24-hour threshold (except for in-stances which the COR deems the cause of the delay to be entirely outside the control of the contractor) in a three consequtive month period, the contract shall bill the governement at 75% of the contract scheduled rate until such time that performance falls within the 24-hour threshold over a two month period.

7 Personnel - Background Security Checks

All personnel performing work off this contract shall be subject to security background checks. Upon contract award, forms will be provided to the contractor, which will need to be signed by each individual employee that will perform service on this contract, authorizing the security section of the U.S. Embassy Berlin to conduct a security check. Any cost, related to this will be borne by the Embassy.

The Embassy reserves the right to reject personnel which do not pass the security check.

Section 1- Solicitation/Contract Form

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 to be named after contract award.

(End of clause)

52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at:

http://acquisition.gov/far/index.html or, http://farsite.hill.af.mil/search.htm

These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Dept. of State Acquisition Website at http://www.statebuy.state.gov to see the links to the FAR. You may also use an Internet “search engine” to obtain the latest location of the most current FAR.

The following Federal Acquisition Regulation clauses are incorporated by reference:

Clause Title and Date

(listed on the following page and on page 31)

Section 2- Contract Clauses

Clause Title

52.203-3 Gratuities (Apr 1984)

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

52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018)

52.228-3 Workers' Compensation Insurance (Defense Base Act) (July 2014)

52.228-4 Workers' Compensation and War-Hazard Insurance Overseas (Apr 1984)

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

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.203-12 Limitation On Payments To Influence Certain Federal Transactions (Oct 2010)

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

(Apr 2014)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018)

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government (Sept 2006) - Alternate I (Oct 1995)

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of per-formance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written no-tice to the Contractor within 30 days.

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 (thirty) days ; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 (thirty) days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 (five) years .

(End of clause)

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 con-tract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Gov-ernment 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 exer-cise 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 agree-ment 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) [Reserved].

(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 con-tract.

(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 Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, includ-ing 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 Part 1315.

(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--

(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 applicable 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 de-mand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisi-tion Regulation in effect on the date of this contract.

(j)…