19GE5024R0069.pdf

SOLICITATION

DOCUMENT

Residential Furniture Rental Program for the U.S. Embassy Spain and Portugal

Solicitation No. 19GE502 R0 69

Regional Procurement Support Office Frankfurt [RPSOFR] Giessenerstrasse 30 60435 Frankfurt am Main, Germany

19GE5024R0069

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

19GE5024R0069

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

DATE

05/03/2024

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Almalucia Gallone

b. TELEPHONE NUMBER (No collect calls)

c. EMAIL GalloneA@state.gov

8. OFFER DUE DATE / LOCAL

TIME

06/12/2024 15:00

CODE FRANK

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

60435, FRANKFURT, 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

(15 CFR 700)

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

MADRICODE15. DELIVER TO

AMERICAN EMBASSY MADRID

SERRANO 75

ATTN: GSO

MADRID, SPAIN 28006

CODE OPEAQM16. ADMINISTERED BY

RPSO Frankfurt OPE/AQM/IP/RPSO Frankfurt Office of Acquisition (AQM) Frankfurt

FACILITY

CODE

CODE

Contact UEI:

Telephone No.

17a. CONTRACTOR/

OFFEROR

OPEAQMCODE18a. PAYMENT WILL BE MADE BY

AMERICAN EMBASSY MADRID

SERRANO 75

ATTN: FMO

MADRID, SPAIN 28006

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

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

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

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

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

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

31c. DATE SIGNED 05/03/2024

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

CGFS // CGFS

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 02/2012) BACK

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs

1. SERVICES AND PRICES

1.4 VALUE ADDED TAX (VAT)

1.5 DEFENSE BASE ACT (DBA) INSURANCE

C Descriptions/Specifications/Statement of Work

2. PERFORMANCE WORK STATEMENT

G Contract Administration Data

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

H Special Contract Requirements

652.222-800 RECRUITMENT OF THIRD COUNTRY NATIONALS FOR PERFORMANCE ON

DEPARTMENT OF STATE CONTRACTS (MAY 2023)

I Contract Clauses 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.203-3 Gratuities (Apr 1984) 52.203-12 Limitation On Payments to Influence Certain Federal Transactions (Jun 2020) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Nov 2021) 52.228-3 Workers' Compensation Insurance (Defense Base Act) (July 2014) 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas (Apr 1984) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Feb 2024) 52.216-18 Ordering (Aug 2020) 52.216-19 Order Limitations (Oct 1995) 52.216-22 Indefinite Quantity (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

652.204-70 DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARD POLICY AND

PROCEDURES (FEB 2015)

652.216-70 ORDERING INDEFINITE-DELIVERY CONTRACTS (APR 2004)

652.225-71 SECTION 8(a) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED

(AUG 1999)

652.229-70 EXCISE TAX EXEMPTION STATEMENT FOR CONTRACTORS WITHIN THE

UNITED STATES (JUL 1988)

652.229-71 PERSONAL PROPERTY DISPOSITION AT POSTS ABROAD (AUG 1999)

652.232-70 Payment Schedule and Invoice Submission (Fixed-Price)(Aug 1999)

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

2015)

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

652.243-70 NOTICES (AUG 1999)

K Representations, Certifications, and Other Statements of Offerors or Respondents 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures (Dec 2023) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (Feb 2024) 52.229-11 Tax on Certain Foreign Procurements--Notice and Representation (Jun 2020)

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

L Instructions, Conditions, and Notices to Offerors and Respondents 52.204-7 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020)

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-22 Alternative Line Item Proposal (Jan 2017) 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023) 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Oct 2020)

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

M Evaluation Factors for Award

Line Item Summary

Solicitation Number:

19GE5024R0069

Contract Number: Title: Spain Portugal Furniture Rental Date of Solicitation:

05/03/2024

Line Item No.

Description Quantity Unit Unit Price Total Cost

001 Base Year

CLIN 001- 0028

Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 EA

002 First Option Year

CLIN 1001- 1028

Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 EA

003 Second Option Year

CLIN 2001- 2028

Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 EA

004 Third Option Year

CLIN 3001- 3028

Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 EA

005 Fourth Option Year

CLIN 4001- 4028

Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 EA

0.01 - JAMES ZADROGA 9/11 VICTIMS HEALTH AND COMPENSATION ACT OF 2010 NOTICE:

UNLESS A WAIVER OR EXCEPTION APPLIES, PAYMENTS SUBSEQUENT TO THIS PROCUREMENT ARE SUBJECT TO

AN EXCISE TAX OF 2% PERSUANT TO 26 U.S.C. 5000C.

1. - SERVICES AND PRICES

1.1 SERVICES

The contractor shall perform services, as described in the Statement of Work of this contract.

The price listed below shall include all labor, insurance, overhead, and profit. The Government will pay a firmed fixed price for services satisfactorily performed under this contract.

1.2. TYPE OF CONTRACT

This is a firm fixed-price Indefinte Delivery Indefinity Quantity type of contract payable entirely in the currency indicated by the Contractor in Sub-Section 1.4.1 Total Contract Price. 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 or time to complete will be made only due to changes made by the Government in the work to be performed, or by delays caused by the Government (see 52.212-4 (f), Excusable Delays), as determined and approved by the Contracting Officer.

1.3. PERIOD OF PERFORMANCE

The period of performance of this contract is for one base year, with four (4) one-year options.

1.4 CONTRACT PRICE

The Contractor shall complete all work (including furnishing all labor, material, equipment, and services) required 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, costs of obtaining Irrevocable Letters of Credit if required, profit, travel, DBA Insurance, and any other costs required to perform and complete all construction services, in accordance with the Statement of Work (SOW), drawings, specifications, and all other contract terms and conditions stated within the contract.

The cost of any materials or equipment required in conjunction with the services rendered herein shall be included in the proposed firm fixed-price.

The Contractor shall complete the Attachment 5 - Price Breakdown Proposal and ensure that the total amount matches that of the total firm fixed-price proposal in the offeror’s price proposal in Section 1.4.1. Insurance required by FAR 52.228-3, Workers’ Compensation Insurance (Defense Base Act), shall be part of the firm fixedprice.

1.4.1 Total Contract Price

The Offeror shall insert their total price proposal costs as follows:

GRAND TOTAL:

ESTIMATED BASE YEAR TOTAL

ESTIMATED FIRST OPTION YEAR TOTAL

ESTIMATED SECOND OPTION YEAR TOTAL

ESTIMATED THIRD OPTION YEAR TOTAL

ESTIMATED FOURTH OPTION YEAR TOTAL

ESTIMATED GRAND TOTAL (BASE + OPTION YEARS)

CURRENCY: The prices are stated in _________________________(please insert the currency 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 proposal, unless otherwise specified by the Contracting Officer.

1.5. MINIMUM AND MAXIMUM AMOUNTS

During the Base Year of the contract, and during the option year that might be exercised, the United States Government (USG) shall place orders totaling a minimum of $25,000.00. This reflects the contract minimum guarantee for each period of performance.

The amount of all orders, for base and all option years shall not exceed *to be added at the time of award. This reflects the contract maximum.

1.4 - VALUE ADDED TAX (VAT)

Where applicable, the Contractor shall be responsible for paying to the appropriate authority, the applicable rate of Value Added Tax (VAT). Offerors shall identify Value Added Tax (VAT) as a separate line item. The VAT shall also be reflected as a separate cost item on all invoices submitted under the resulting contract.

1.5 - DEFENSE BASE ACT (DBA) INSURANCE

1.5.1 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$10,000.00. DBA insurance is also required for all Host Country Nationals (HCNs) and Third Country Nationals (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 Nationals (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.

1.5.2 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 https://www.dol.gov/ owcp/dlhwc/lscarrier.htm.

1.5.3 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.

1.5.4 DBA insurance cost will be evaluated as part of the total evaluated price and included in the 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.

1.5.5 Spain and Portugal are currently included on the DOL’s active waiver list, therefore DBA insurance is only required for employees performing work on this contract who are either US citizens or residences or who were hired in the United States.

Section C - Descriptions/Specifications/Statement of Work

2. - PERFORMANCE WORK STATEMENT

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 maintain 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, packing, 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 local authorities.

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 (except for 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.

Sustainability The U.S. Government is committed to minimizing its carbon footprint while maintaining operations. As such, prospective companies must include in their proposal a detailed sustainability plan which will be included as a qualitative factor (“Evaluating Factors”) when reviewing proposals before determining the contract award.

For informational purposes and based on historical data, the average rental period per residence is 30 months. The estimated moving services per year are estimated at 140 and broken-down as follows: 130 partial deliveries or pick-ups, 80 in Spain and 50 in Portugal, and 10 full residence furniture deliveries, 6 in Spain and 4 in Portugal.

C. NUMBER OF RESIDENCES

The contractor shall furnish all existing homes, i.e. approximately 75 residences in Madrid, 39 residences in Lisbon, and 7 residences in Barcelona with new / like-new furnishings (free of scratches, marks, signs of use, etc.).

D. FURNITURE DESCRIPTION

All furniture shall comply with specifications provided herein and in Attachments 2 through 2d 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 furniture items shall be appropriate for household use and made from a variety of materials, including: solid wood, metal, wood / metal, stone, fabric, and / or glass.

The furniture option styles must be traditional and contemporary with traditional, elegant, conservative lines. The pieces must be made of solid wood and the wood finish should be a dark natural color and the contemporary line must be offered with two finishes: light and dark finishes. More detailed specifications as stated below. For samples see Attachment 1.

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

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

Glass tabletops must be tempered, rounded edge and 6mm thick.

All bed headboards and mirrors must be either attached to the box spring/frame or hung on the wall by the contractor.

All drawers must have rails and stops.

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

MASTER BEDROOM DRESSER:

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

GUEST BEDROOM CHESTS OF DRAWERS:

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

NIGHTSTANDS:

1 large: 47x36x21cm smaller: 47x36x11cm

Bed items include, but are not limited to: box springs, headboards that are attached to the wall or to the boxspring, bunk beds, baby cribs, bedside stools. Two options of a 90cmsx200cm Twin bed frame must be offered: A) Regular box spring and B) with a gas lift storage box spring. Bunk beds must have guardrails and a ladder. Bunk beds and cribs must comply with U.S Standard Consumer Safety specifications. 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.

Seating items include, but are not limited to: sofas, loveseats, chairs with and without arms, armchairs, ottomans, and reclining chairs.

Upholstery pieces and components shall meet U.S. flammability standards and fabrics should be treated to deter soiling.

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 Kitchen tables and chairs, round rectangular and square to meet different kitchen spaces, usually 4 to 6 people.

Living room items shall include but are not limited to: 3-seat sofas with a minimum length of 230cm and with coordinated pillows, love seats with a minimum length of 170cm and with coordinated 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.

Patio furniture shall include, but are not limited to outdoor type: Table, Chairs, Umbrella with umbrella stands, Lounge Chairs, Side Table, Bench, etc. The furniture pieces must be made of weather-resistant aluminum and/or wood frames. Seats must be made of weather resistant cloth.

E. SHORT TERM RENTAL FURNITURE, KITCHENWARE, LINEN SETS

In certain circumstances, some of the furniture items as well as linen, kitchen, small electrical appliances, and tableware listed in Attachments 2 through 2e shall also be made 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 short rental items.

No security deposit shall be charged, and any loss or damage clearly beyond normal wear and tear shall be charged using as a reference the replacement costs provided by the contractor (Attachment 3 and Attachment 5).

The invoice will be issued upon pick-up / return of the items, or monthly, 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 as listed in Attachment 6 – Welcome/Departure Kit ITEMS.

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

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

For informational purposes, the average number of Welcome and Departure kits actions per year is between 40-70.

G. MAINTENANCE

The contractor shall provide maintenance services 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 due to normal wear and tear, within five (5) working days of receiving the COR’s e-mail request.

H. INVENTORIES OF RENTED FURNITURE

The contractor shall create a separate inventory file for each residence. At the time of delivery for an incoming occupant, the contractor shall send a delivery note to the COR (or his / her authorized representative) who will verify and sign the welcome kit and furniture list within 5 business days after delivery.

Upon occupancy of the residence, the contractor shall produce an inventory with the below statement and to be signed by both parties (occupant or authorized representative) and contractor.

“I acknowledge receipt of the property listed in this inventory. Except for normal wear and tear and circumstances beyond my control, I accept financial responsibility for damage or loss of property caused by me or members of my household.”

The inventory must be signed in the following circumstances: upon occupancy (if used as TDY) or within two (2) months after the permanent occupant’s arrival or delivery of their HHE, whichever occurs first. Copies of the signed inventory must be sent to the occupant and the COR. The contractor shall keep the original in its file.

Outgoing occupant inventory shall be produced by the contractor after an on-site check-out inspection. The contractor will meet with departing employee, 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, the replacement value of such missing or damaged items may be payable by the USG. The contractor shall report missing or damaged items to the COR. The USG shall not be relieved of its responsibility until the COR and the Contractor have agreed 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 (Attachment 4) of all the items included in the Attachment 5 which will be used as reference if there are missing or damaged items payable by the USG.

During the check-out inspection, the contractor will determine which pieces to be repaired/replaced for the incoming occupant and must proceed accordingly to provide new or like new furniture.

I. RETURN OF FURNITURE LEASED UNDER A PREVIOUS CONTRACT / CONTRACT PHASE-IN PERIOD

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 the contractor shall secure sufficient furniture to fulfill posts’ requirements. If the contractor does not have sufficient furniture to fulfill new orders issued during that period, the contractor may contact the previous contractor for an agreement / purchase / lease, etc.

J. WORKDAYS AND TIMES

Work (pick-ups/deliveries, email responses, etc.) shall be performed Monday through Friday between 8 a.m. and 6 p.m. 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.

K. ACRONYMS AND ABBREVIATIONS

Acronym Definition

CA

Contract Administrator

CFR

Code of Federal Regulations

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(s) in charge of the General Services Office at post.

GTM

Government Technical Monitor

HHE

Household effects

QA

Quality Assurance

QAP

Quality Assurance Personnel

QAPC

Quality Assurance Program Coordinator

QASP

Quality Assurance Surveillance Plan

QC

Quality Control

QCP

Quality Control Plan

PSA

Property survey Action, PWS

Performance Work Statement

TBD

To be determined

TDY

Temporary duty

UAB Unaccompanied Air Baggage USG U.S. Government

II. CONTRACTOR ADMINISTRATIVE RESPONSIBILITIES

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. and Section 2, FAR 52.212-4 g.1)

FMC by e-mail First working day of following month

Invoices, Review and Payment

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

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.

b. The contractor shall issue invoices for furniture rented in Spain as follows:

U.S. Embassy

Attn. FMOC 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

c. The contractor shall issue invoices for furniture rented in Portugal as follows:

U.S. Embassy Attn. FMO Ref. Contract ##, Task order## 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.

B ADDITIONAL COMMENTS:

• Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than €25.00 in subsequent in the subsequent monthly rental, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

• Maximum order. The Contractor is not obligated to honor-

1. 1. Any order for a single item in excess of 3 residences per week/ per post;

2. Any order for a combination of items in excess of 3 residences per week/ per post; or

3. A series of orders from the same ordering office within 1 week that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

• If this is a requirements contract (such as, includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph above.

• Notwithstanding paragraphs above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph above, unless that order (or orders) is returned to the ordering office within FOUR (4) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

The Contracting Officer from RPSO- Frankfurt will be responsible for issuing individual task orders.

Orders and Notifications – The USG shall:

a. 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 and/or Embassy/ Consulate representatives to view residences to ensure furniture needs and quality standards can be met.

b. Provide final dates / times and delivery details to the contractor at least seven (7) business days prior to the required furniture delivery date.

c. Inform the contractor of furniture removals at least fifteen (15) business days before the required removal date.

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

e. Provide the date of delivery or removal of Welcome and Departure Kits at least five (5) business days before the required delivery or removal day.

STANDARDS OF CONDUCT

General. The Contractor shall maintain satisfactory standards of employee competency, conduct, cleanliness, appearance and integrity and shall be responsible for taking such disciplinary action with respect to employees as required. Each Contractor employee is expected to adhere to standards of conduct that reflect credit on themselves, their employer, and the United States Government.

The Government reserves the right to direct the Contractor to remove an employee from the worksite for failure to comply with the standards of conduct. The Contractor shall immediately replace such an employee to maintain continuity of services at no additional cost to the Government.

Dress. The Contractor's employees shall dress in a professional manner.

Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words, actions, or fighting shall not be condoned. Also included is participation in disruptive activities that interfere with normal and efficient Government operations.

Intoxicants and Narcotics. The Contractor shall not allow its employees while on duty to possess, sell, consume, or be under the influence of intoxicants, drugs or substances that produce similar effects.

Criminal Actions. Contractor employees may be subject to criminal actions as allowed by law in certain circumstances. These include but are not limited to the following actions:

a. Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records or concealment of material facts by willful omission from official documents or records,

b. Unauthorized use of Government property, theft, vandalism, or immoral conduct,

c. Unethical or improper use of official authority or credentials,

d. Security violations, or,

e. Organizing or participating in gambling in any form.

Neglect of duties shall not be condoned. This includes sleeping while on duty, unreasonable delays or failures to carry out assigned tasks, conducting personnel affairs during duty hours and refusing to render assistance or cooperate in upholding the integrity of the work site security.

LAWFUL OPERATION, PERMITS, AND INDEMNIFICATION

Bonds. The Government imposes no bonding requirement on this contract. The Contractor shall provide any official bonds required, pay any fees or costs involved or related to the authorization for the equipping of any employees engaged in providing services specified under this contract if such bonds or payments are legally required by the local government or local practice.

Employee Salary Benefits. The Contractor shall be responsible for payment of all employee wages and benefits required by host country law or agreements with its employees. The Government, its agencies, agents, and employees shall not be part of any legal action or obligation regarding these benefits which may subsequently arise. Where local law requires bonuses, specific minimum wage levels, and premium pay for holidays, payments for social security, pensions, sick or health benefits, severance payments, child care or any other benefit, the Contractor is responsible for payments of these costs and must include them in the fixed prices in this contract.

Personal Injury, Property Loss or Damage (Liability). The Contractor assumes absolute responsibility and liability for any and all personal injuries or death and property damage or losses suffered due to negligence of the Contractor's personnel in the performance of this contract. The Contractor's assumption of absolute liability is independent of any insurance policies.

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 following insurance amounts:

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.

Permits. Without additional cost to the Government, the Contractor shall obtain all permits, licenses, and appointments required for the prosecution of work under this contract. The Contractor shall obtain these permits, licenses, and appointments in compliance with applicable host country laws. Application, justification, fees, and certifications for any licenses required by the host government are entirely the responsibility of the Contractor.

Workers' Compensation. The contractor shall provide for Worker's Compensation as required by local law. See also FAR 228-3 Defense Base Act Insurance

Employer's Liability. As required by host country law.

KEY PERSONNEL

The Project Manager must be able to converse in English. The Contractor shall assign to this contract the following key persons:

POSITION/FUNCTION NAME

Project Manager _________________________________ Project Manager Alternate ____________________________

The Contractor shall notify US Embassy of the names of the Accounting Manager (and his/her alternate), no later than 10 days after the contract award. Should any of the above professionals change during the period of this contract, the new names shall be notified to the COR no later than three (3) working days after such a change.

During the first 90 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is required due to illness, death, or termination of employment. The Contractor shall notify the COR within 15 calendar days after the occurrence of any of these events and provide the information required below to the COR at least 15 days before making any permanent substitutions.

After the first 90 days of performance, the Contractor may substitute a key person if the Contractor determines that it is necessary. The Contractor shall notify the COR of the proposed action immediately. Prior to making the substitution, the Contractor will provide the information required below to the COR.

The Contractor shall provide a detailed explanation of the circumstances requiring the proposed substitution, a complete resume for the proposed substitute. The proposed substitute shall possess qualifications comparable to the original key person. The COR will notify the Contractor of its approval or disapproval of the substitution within 15 calendar days after receiving the required information.

PERMITS

Without additional cost, the Contractor shall obtain all permits, licenses, and appointments required for the work under this contract.

The Contractor shall obtain these permits, licenses, and appointments in compliance with applicable local country laws.

DISCLOSURE OF INFORMATION

Any information made available to the Contractor by the Government shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract.

QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

This plan provides an effective method to promote satisfactory Contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) and GTM to monitor Contractor performance, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to monitor quality to ensure that contract standards are achieved. The Contractor will provide to the COR and GTM, on a monthly basis, performance metrics based on the Performance Objectives set below.

Failure to comply with the performance thresholds indicated below will be grounds for terminating this contract. The Contracting Officer may, at his or her option, require the Contractor to take corrective action prior to determining that the contract will be terminated.

Performance Objective Scope of Work Performance Threshold Services Performs all services set forth in the scope of work.

All All required services are performed and no more than one (1) customer complaints are reported to contractor per month by the OR and/or GTM.

Support All Contractor will resolve 98 percent

Resolution of reported service issues of reported issues within 48 hours of service ticket number assignment.

This is calculated on a monthly basis

The COR will receive and document all complaints from Government personnel regarding the services provided. If appropriate, the COR will send the complaints to the Contractor for corrective action.

The performance standard is that the Government receives no more than one (1) customer complaint per month. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.246-4, Inspection of Services – Fixed Price (AUG 1996)), if any of the services exceed the standard.

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

The COR will complete appropriate documentation to record the complaint.

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

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

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

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

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

Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COR will contact the Contracting Officer for appropriate action under the Inspection clause.

SECURITY

General - The Government reserves the right to deny access to U.S.-owned and U.S.-operated facilities to any individual. The Government will run background checks on all proposed Contractor employees. After seven (7) days from the award the Contractor shall provide the names, biographic data and police clearance on all Contractor personnel (workers and supervisors) who shall work on this contract.

Failure to provide any of the above information may be considered grounds for rejection and/or resubmittal of the application.

Workers without security screening and/or badges will not be allowed to perform services without prior authorization by the COR.

The Contracted Company is responsible for ensuring they have enough cleared and badged workers for a job; any delays due to not providing the proper personnel may be subject to deductions.

Section G - Contract Administration Data

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 position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer's Representative (COR).

Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation.

(b) The COR is to be named at time of award.

(End of clause)

Section H - Special Contract Requirements

652.222-800 - RECRUITMENT OF THIRD COUNTRY NATIONALS FOR PERFORMANCE ON DEPARTMENT OF

STATE CONTRACTS (MAY 2023)

1. Where contracts exceeding the Simplified Acquisition Threshold ($250K) will require the recruitment of Third Country Nationals (TCNs), the offeror is required to submit a Recruitment Plan as part of its proposal. Offerors providing employer furnished housing are required to submit a Housing Plan. All plans are assessed on a pass/fail basis.

2. Recruitment Plans must:

a. State the anticipated number of workers to be recruited, the skills they are expected to have, and the country or countries from which the contractor intends to recruit them.

b. Explain how the contractor intends to attract candidates and the recruitment strategy including the recruiter.

c. State in the offer that the recruited employee will not be charged recruitment fees as defined in FAR 22.1702 and FAR 52.22-50. The contractor or employer pays the recruitment fees for the worker if recruited by the contractor or subcontractor to work specifically on Department of State contracts.

d. Recruitment fees included by the prime contractor in the contract price must be allowable by country law, allocable to the contract based on benefit to the program, and reasonable based on what a prudent businessperson would pay for similar expenses and charges. The reasonableness of recruitment fees should be assessed based on the reasonableness of the individual components.

e. State in the offer that the contractor’s recruitment practices comply with recruiting nation and host country labor laws.

f. State in the offer that the contractor has read and understands the requirements of FAR 52.222-50 Combating Trafficking in Persons.

g. Contractor will advise the Contracting Officer of any changes to the Recruitment Plan during performance.

3. The offeror will submit a Housing Plan if it intends to provide employer furnished housing for TCNs. The Housing Plan must describe the location and description of the proposed housing. Contractors must state in their offer that housing meets host country housing and safety standards and local codes. Contractor shall comply with any Temporary Labor Camp standards contained in their contract. In contracts without a Temporary Labor Camp standard, a minimum of 70 square feet per employee must be allocated if an employee is housed individually; if housed together, a minimum of 50 square feet per employee must be allocated unless waived by the Contracting Officer. Contractor shall submit proposed changes to their Housing Plan to the Contracting Officer for approval.

4. Department of State contractor and subcontractors will prevent human trafficking and treat employees with respect and dignity by taking the following actions:

a. Contractor may not destroy, conceal, confiscate, or otherwise deny access to an employee’s identity documents, passports, or immigration documents. Contractors and subcontractors are reminded of the prohibition contained in Title 18, United States Code, Section 1592, against knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document to prevent or restrict the person’s liberty to move or travel in order to maintain the services of that person, when the person is or has been a victim of a severe form of trafficking in persons. Contractor must be familiar with any local labor law restrictions on withholding employee identification documentation.

b. Contractor shall provide employees with signed copies of the/their employment contracts that are in a language the worker understands and define the terms of employment, compensation including salary, overtime rates, allowances, salary increases, job description, description of any employer provided housing, benefits including leave accrual, and information on whether hazardous working conditions are anticipated. Contracts must be provided prior to employee departure from their countries of origin. Fraudulent recruiting practices, including deliberately misleading information, will be considered a material breach of this contract.

c. Contractor shall provide all employees with the Department’s “Know Your Rights” poster and document that employees have been briefed on the contents of the poster. The English language version is available at posters and accompanying directions or from the Contracting Officer.

d. Contractor shall display posters in worker housing advising employees in English and the dominant language of the TCNs being housed of the requirement to report violations of Trafficking in Persons to the company and the company’s obligation to report to the Contracting Officer. The poster shall also indicate that reports can also be submitted to the Office of the Inspector General (OIG) Hotline, StateOIG.gov/Hotline at 202-647-3320 or 1-800-409-9926 or via email at WPEAombuds@stateoig.gov.

e. Contractor shall brief employees on the requirements of the FAR 52.222-50 Combating Trafficking in Persons including the requirements against procuring commercial sex even in countries where it is legal and shall provide a copy of the briefing to the Contracting Officer’s Representative.

f. Contractor and subcontractors shall comply with sending and receiving nation laws regarding transit, entry, exit, visas, and work permits. Contractors are responsible for repatriation of workers who have traveled from other countries for contract performance except an employee legally permitted to remain in the country of work and who chooses to do so; including an employee who is a victim of trafficking seeking victim services and/or legal redress in the country of employment and/or is a witness in a trafficking-related enforcement action.

g. Contractor shall monitor subcontractor compliance at all tiers. This includes verification that subcontractors are aware of, and understand, the requirements of FAR 52.222-50 Combating Trafficking in Persons and this clause. Contractors specifically agree to allow U.S. Government personnel access to contractor and subcontractor personnel, records, and housing for audit of compliance with the requirements of this clause.

h. The contractor agrees to include FAR Clause 52.222-50 Combating Trafficking in Persons in all subcontracts over the simplified acquisition threshold involving recruitment of third country nationals for subcontractor performance.

5. For contracts or subcontracts with performance overseas valued at $550,000 or more, other than those commercially available off-the-shelf items, offerors will certify with the submission of their…