23R0021.pdf

19GE5023R0021

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

19GE5023R0021

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

DATE

02/22/2023

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Thomas A Petersen

b. TELEPHONE NUMBER (No collect calls)

301-985-8989

c. EMAIL PetersenTA@state.gov

8. OFFER DUE DATE / LOCAL

TIME

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

LONDOCODE15. DELIVER TO

AMERICAN EMBASSY LONDON

33 NINE ELMS LANE

ATTN: NEW LONDON EMBASSY

LONDON, UNITED KINGDOM 11 7US

CODE FRANK16. ADMINISTERED BY

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

60435, FRANKFURT, GERMANY

FACILITY

CODE

CODE

Contact UEI:

Telephone No.

17a. CONTRACTOR/

OFFEROR

FRANKCODE18a. PAYMENT WILL BE MADE BY

AMERICAN EMBASSY LONDON

FMC UNIT 8400 BOX 12

ATTN: FMC

DPO, AE 09498-0012

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)

X 27a. SOLICITATION INCORPORATES BY REFERENCE 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. FAR 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) Nicolas Wilhelm

31c. DATE SIGNED 02/22/2023

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

Line Item Summary

Solicitation Number:

19GE5023R0021

Contract Number: Title: Preventive Maintenance of

ETFE (SAILS)

Date of Solicitation:

02/22/2023

Line Item No.

Description Quantity Unit Unit Price Total Cost

001 BASE YEAR

ETFE (SAILS); INSPECTION & TENSIONING

MAINTENANCE

Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LT

1001 OPTION YEAR ONE

ETFE (SAILS); INSPECTION & TENSIONING

MAINTENANCE

Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LT

2001 OPTION YEAR TWO

ETFE (SAILS); INSPECTION & TENSIONING

MAINTENANCE

Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LT

3001 OPTION YEAR THREE

ETFE (SAILS); INSPECTION & TENSIONING

MAINTENANCE

Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LT

4001 OPTION YEAR FOUR

ETFE (SAILS); INSPECTION & TENSIONING

MAINTENANCE

Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LT

5000 DBA

(if applicable) Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LT

Table of Content

SF‐1449 Title Page page 1

CLINS page 2

Section I – The Schedule page 4

Section II – Clauses page 13

Section III – Provisions page 23 Instructions for Proposal Submission page 25

Section IV‐ Evaluation Factors page 28

Section V‐ Representations and Certifications page 29

Attachments

Attachment 1 Manual 133143 – Structured and Tensioned ETFE

Attachment 2 IRS Form w-14

Attachment 3 Pricing Schedule

Attachment 4 Contractors Security Questionnaire, LTC-yellow badge

Attachment 5 Contractors Security Questionnaire, STC red badge

Attachment 6 Information on SAM registration

SECTION I THE SCHEDULE

1. BACKGROUND INTRODUCTION

1.1 PURPOSE OF THIS DOCUMENT:

1.1.1 This document is issued by the Regional Procurement Support Office Frankfurt, Germany with the purpose to enter into a preventive maintenance agreement to inspection the condition and structural tension of the ETFE attached three (elevations) to the outer envelope of the U.S. Embassy building London, UK.

1.1.2 The ETFE envelop was designed, manufactured and installed by “Birdair Inc” 65 Lawrence Bell Drive, Suite 100

Amherst, New York, USA – www.birdair.com .

1.2 SCOPE DESCRIPTION:

1.2.1 The U.S. Embassy requires the contractor to maintain the ETFE outer envelops which are attached to three (3) elevations of the

Embassy building in a safe, reliable and efficient manner to ensure the structural integrity of the ETFE and structural supports do not fail. ETFE and structural supports are attached to the elevations facing the East, South and West.

1.2.2 The Contractor shall provide all necessary managerial, administrative and direct labor personnel, and as well as all necessary transportation, equipment, tools, repair parts, supplies and materials required to perform inspection, maintenance, repair, and component replacement as required to maintain the ETFE system in accordance with the manufacturer's specifications and the frequencies specified within this document

1.2.3 The contractor shall visit US Embassy on a quarterly basis (four visits annually) over course of the year to perform the preventive maintenance as scheduled, and provide callout services as and when required.

1.2.4 If the contractor cannot safely perform the maintenance tasks set out within this document due to adverse weather conditions, the contractor shall withdraw from site and return at a suitable date to complete the remaining maintenance tasks; there shall be no costs claimed against the US Government.

1.3 TYPE OF CONTRACT:

(a) This is an Indefinite Delivery / Indefinite Quantity (IDIQ) type contract with fixed unit prices under which firm fixed unit price Task Orders (TO) will be issued. The fixed prices for the services are specified in Section I, Sub-Section 2 and Attachment 3 – Pricing Proposal Breakdown. All quantities are reasonable estimates per year based on past experience. They do not obligate the USG to order those quantities.

(b) As per FAR 52.216-22, "INDEFINITE QUANTITY," the minimum and maximum amounts for this indefinite quantity contract shall be any quantity or combination of supplies and services equal to the amount (s) set forth below. The US Government (USG) makes no guarantee as to the number of orders or actual amount of services that may be requested above the guaranteed minimum value for the life of the contract.

(c) The minimum for this indefinite delivery, indefinite quantity contract is US$5,000.00 (or equivalent in local currency) for the base and all option periods (combined).

(d) The maximum for this indefinite quantity contract (if the USG exercises all options) shall be any quantity or combination of supplies and services with a contract value of US $2,000,000.00 (or equivalent in local currency).

(e) The contract shall remain unfunded. The contracting office shall issue the contractor separate funded task orders per requirement / location.

1.4 PERIOD OF PERFORMANCE:

The contract will be for a period of one year, with a maximum of four one-year optional periods of performance and will be expected to commence within the time period specified in the contract.

1.5 PAYMENT:

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

1.5.2 Payment shall be made in accordance with the U.S.G. Prompt Payment Act, i.e. within 30 days after completion of service or receipt of invoice, whichever is the latter. Invoices shall include the items listed in Section II, FAR 52.212-4g.1 and shall be addressed to the address, which will be specified in field 18a on page 1 of the award document.

2. PRICING:

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

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.

2.1 CURRENCY:

The currency shall be fixed and cannot be changed by modification to the contract. The contract will be issued in the currency, the price proposal has been quoted in.

2.2 VALUE ADDED TAX:

If applicable, the contractor shall be responsible for paying to the appropriate authority the applicable rate of Value Added Tax (VAT). Offerors shall identify the VAT as a separate line item. The VAT shall also be a separate cost item on all invoices.

The contractor will be reimbursed for VAT only up to the amount listed in the contract and upon presentation of proof that VAT has been paid to the host country government against a valid VAT registration number.

Any refund of VAT to the contractor shall be paid to the Government to the extend the Government reimbursed the contractor for VAT payment.

2.3 Base Year

CLIN Description Total per year

001A Quarterly (Three month interval) Checks Base Year:____________

2.4 Option Year One

1001A Quarterly (Three month interval) Checks Option Year One:____________

2.5 Option Year Two

2001A Quarterly (Three month interval) Checks Option Year Two:____________

2.6 Option Year Three

3001A Quarterly (Three month interval) Checks Option Year Three:____________

2.7 Option Year Four

4001A Quarterly (Three month interval) Checks Option Year Four:____________

2.8 OPTIONS AND LABOR RATES:

2.8.1 Standard Call Out Option

2.8.1.1 An 11 hour/day (7am till 6pm), 5 days/week (Monday to Friday, excluding UK and US bank holidays) service is required.

2.8.1.2 This section refers to other standard call outs not included on the list above and they shall be next day attendance

2.9 EMERGENCY CALL OUT:

2.9.1 24 hour/day, 7 days/week emergency service is required. Emergencies are:

2.9.1.1 All these calls shall be responded to and onsite within 4 hours maximum.

2.9.1.2 Emergency being ETFE material in danger of becoming detached from main structural support and/or loss of structural integrity.

2.10 LABOR RATES FOR BILLABE WORK:

2.10.1 This includes work not covered by the terms described above (i.e. vandalism repairs and other major force causes) and overtime rates. The contractor shall provide all labor rates on his cost proposal.

2.11 DEFENSE BASE ACT (DBA) INSURANCE

2.11.1 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. Only the countries listed currently on the Department of Labor’s (DOL) Active DBA Waivers are not required to have DBA insurance for Host Country

Nationals (HCNs) and Third Country Nationals (TCNs) working overseas. (See website for country waivers:

https://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm).

2.11.2 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.

2.11.3 A waiver for DBA insurance has been issued for the United Kingdom on April 8, 2022 with an expiration date of April 7, 2027

(waiver number 2022-10).

2.11.4 The DBA insurance may be obtained from any authorized DBA insurance broker, 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

2.11.5 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 CLIN 5000 above.

3. REQUIREMENTS

https://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm http://www.dol.gov/owcp/dlhwc/lscarrier.htm http://www.dol.gov/owcp/dlhwc/lscarrier.htm

3.1 SECURITY REQUIREMENTS:

3.1.1 The US Department of State operates strict security procedures for entry into its properties. All the personnel likely to be involved on site at any time during the maintenance period shall complete the security questionnaire on the attachment. This form shall be completed and submitted to the Embassy immediately after award along with a photocopy of the employee’s current passport.

3.1.2 The right is reserved to refuse entry to the building at any time. Any decision on this matter shall be final and conclusive and at no additional cost to the US Department of State.

3.1.3 When necessary, contractor employees shall be escorted by security personnel during the performance of their work.

3.1.4 When escorted, a maximum number of 4 contractor employees are allowed per escort. If the contractor estimates that more than 4 employees are required or if the work needs to done simultaneously in separate areas of the building, this needs to be notified to the Embassy at least 7 days in advance, so adequate escort resources can be mobilized.

3.1.5 The US Department of State reserves the right to require additional information in certain cases.

3.1.6 The contractor’s employees must work only within areas relevant to the equipment they are responsible to maintain. No contractor’s personnel shall wander outside these areas without prior approval.

3.2 COMMENCEMENT OF THE MAINTENANCE CONTRACT:

3.2.1 No work shall start or equipment and materials be ordered until the contractor has received a purchase order for the works stating the start date and the end date of the contract.

3.2.2 Immediately after the purchase order has been issued, the contractor shall start the mobilization period arrangements without further delay. This shall include but not be limited to the submittal of the personnel security forms, the site specific health and safety documentation, an up to date schedule and any other arrangements to ensure the performance period starts on the date requested within this document.

3.2.3 The Contractor shall designate a representative person who shall supervise the Contractor's employees and be the Contractor's liaison with the U.S. Embassy. The Contractor's employees shall be on-site only for contractual duties and not for any other business or purposes. Contractor employees shall have access to the relevant plant rooms, either with or without security escorts, only with specific permission by either the Facility Manager or the COR.

3.3 CONTRACTOR’S PERSONNEL CERTIFICATION:

3.3.1 It is the contractor’s responsibility to ensure that their employees are competently qualified, trained and certified to work on all specialist equipment and machinery named within this document and attachments.

3.3.2 The contractor shall proceed to provide proof of competency of all his operatives, including but not limited to, qualifications, certifications, training and experience on similar plant in other locations.

3.3.3 The certification shall be specific to the maintenance and repair of the relevant equipment. This shall include a list of technicians who will visit Post to service the equipment.

3.4 ACCESS AND PARKING:

3.4.1 The contractor is responsible to provide the COR with operatives’ names, vehicle registration plate number, make and colour, and any other details relevant to the maintenance visit (i.e. deliveries expected) with at least 24 hours in advance.

3.4.2 The contractor is advised that a maximum of one parking space is available. However, the Embassy may not be able to provide parking in certain occasions.

3.5 WORKING HOURS:

3.5.1 Unless prior arrangement the works shall be undertaken on week days (Monday to Friday) and during working hours (8am to

5pm)

3.5.2 For emergencies and call outs outside working hours see the specifics requirements section within this scope of work.

3.5.3 No work shall be undertaken on local and American holidays unless prior agreement and at no addition costs to the US De-partment of State. Please refer to the following web site for the US Embassy public holidays, https://uk.usembassy.gov/holidays/

3.6 HEALTH AND SAFETY, WELFARE AND ENVIRONMENTAL PROCEDURES:

3.6.1 The maintenance contractor shall provide the COR with all site specific Risk Assessments and Method Statements (RAMS) prior to commencement of works.

3.6.2 The contractor shall provide detailed assessment on their recommendations for cleaning the windows and sails in a safe man-ner; ensuring that their operatives are provided with secure and safe working environment at all times.

3.6.3 The method to access and completing the inspections will be discussed during initial site survey, con- cluding with consultations between the contractor and the US Embassy.

3.6.4 The contractor shall include all safety equipment, tools and labor within their quotation.

3.6.5 Ensure that all contractors’ employees have up to date safety training/certification and provide details of training/competency within The Health Safety Pre-Construction File. If any certificate expires during the duration of this contract, new certificates must be provided before the individual performs any work at the New London Embassy.

3.6.6 The contractor shall adhere and comply to The Health and Safety Executive (HSE): Working At Height Regulations

3.6.7 The contractor shall cordoned off areas where maintenance works is being completed using temporary bollards, hazard tape and include signage warning person of hazards. Contractor to supply safety equipment and signage.

3.6.8 After surveying the facilities and the relevant equipment, the contractor shall inform the US Government of any health and safety concerns or special requirements so their work can be carried out safely. This information will have to be included on the con- tractor’s cost proposal.

3.6.9 It is the contractors responsibility to ensure that all their employees are equipped with certified safety equipment (PPE) to complete the tasks as requested within this document and provided attachments, and in accordance with the contractors method statements and health & safety plan.

3.6.10 The COR shall inform the contractor of the Embassy Health & Safety procedures to include but not be limited to egress routes, exits and assembly point in the event of an emergency.

3.6.11 Restrooms and welfare facilities are available for the use of the contractor at the US Embassy.

3.6.12 The contractor shall be responsible for the safe and environmentally friendly disposal of all redundant materials, parts and consumables. Safe disposal records copies shall be provided to the Embassy after each visit.

3.6.13 All work shall comply with the local Health and Safety regulations in the UK. The link to the website is www.hse.gov.uk

3.7 STANDARDS OF CONDUCT IN THE PREMISES:

3.7.1 The contractor employees shall maintain satisfactory standards of competency, conduct and cleanliness when working within the US Embassy boundaries. These standards are especially strict when working within office environments or when working in or accessing adjacent areas.

3.7.1 The Government reserves the right to ask the contractor employee to leave the premises when the above is not complied with or the employee is deemed disruptive. The contractor shall immediately replace such an employee to maintain continuity of services at no additional cost for the Government.

3.7.2 The Contractor's employees shall wear clean, tidy and complete uniforms with clear means of identification when on duty.

3.7.3 The contractor employees must not smoke outside the designated areas, play music in any part of the premises or use abusive or loud language at any time within the US Embassy boundaries.

https://uk.usembassy.gov/holidays/ http://www.hse.gov.uk/

3.8 KEY CONTROL:

3.8.1 The Contractor shall not depart Embassy ground whilst in possession of any keys. All keys shall be controlled and given back to the COR prior to leaving the premises. However if the contractor or their employees depart the building without giving keys back to COR, the contractor may be responsible for the costs of as a minimum: gaining entry through locked doors or gates, repairs, replacing locks and providing additional keys.

3.9 STORAGE OF MATERIALS AND CONTRACTOR’S TOOLS & EQUIPMENT:

3.9.1 If the service visit is planned to take more than one day, the contractor personnel shall store relevant materials, tools and equipment in a lockable site box to be provided by the contractor, which shall be removed at the end of the service.

3.9.1 No contractor’s property and materials shall be left in the Embassy premises after the maintenance visit, unless prior writing agreement with the COR.

3.10 REPAIRS, MODIFICATIONS AND PARTS OUTSIDE THE SCHEDULED MAINTENANCE:

3.10.1 This section refers to repairs, modifications and parts required outside the scheduled maintenance plan.

3.10.1 The contractor shall supply the Embassy with a formal quotation for approval before this work can be carried out.

3.10.2 Only those works specified in writing in the official scope of works issued with the Purchase Order/DeliveryOrder/Contract are to be undertaken by the Contractor. Any changes or deviation to the scope of works will be made in writing via an official modification to the original Order or Contract. Should the Contractor undertake any works not specified on the official scope of works or subsequent official modification to the scope of works, the US Government will not be liable to make payment for the additional work, all additional works will be at the Contractor’s own expense.

3.10.3 If during the course of the execution of the works the Contractor deems additional works, outside the original scope of works are required, they should inform the Contracting Officer or Contracting Officer’s Representative (COR) in writing, giving full details of the additional works, the reasons why they are deemed necessary and a full breakdown of any additional costs which would be incurred in undertaking the works. The Contractor should not commence any proposed works until such time as confirmation is received by the Contractor in the form of an official written modification. The Contractor will be financially liable for any works outside the scope of works undertaken by the Contractor in the absence of an official modification.

3.11 SCHEDULE DOCUMENTATION REQUIRED:

3.11.1 A schedule that defines the exact dates the maintenance service will occur, and the duration of time required. Also, a list of tools, equipment and materials being brought on site is required.

3.11.2 This shall be presented in the form of a Gantt chart (both MS Project and Excel are acceptable) and shall have the days horizontally and the check list required from the manufacturer vertically.

3.11.3 There are rare occurrences when the facility is not able to accept the contractor on the proposed date. During these periods, the Contractor is required to arrange a new, agreed upon date to complete monthly maintenance.

3.12 CHECK LISTS:

3.12.1The contractor shall develop and submit an equipment/system specific maintenance checklist that will be filled out during each visit. This checklist will relate to the specific maintenance requirements and schedules for equipment or system specified within this document and its attachments.

3.13 TRIP REPORT:

3.13.1The contractor shall develop and provide a trip report to include but not be limited to: date and time, engineer/employees names, details of equipment or system serviced or repaired, description of the service or repair, parts replaced (include model number and serial number of both the old and the new one) and details of any remedial works. The COR shall be advised immediately if fur- ther action is required.

3.13.2The trip report shall be signed by the contractor’s employee or engineer prior to leaving the premises and a copy given to the

COR.

3.13.3The contractor shall follow up with a typed electronic copy emailed to the COR no more than five (5) working days following the visit.

4. SPECIFIC REQUIREMENTS

4.1 PREVENTIVE MAINTENANCE SCOPE:

4.1.1 This section shall be read in conjunction with and in accordance to the manufacturer’s O&M documentation relating to the relevant equipment as per attachment.

4.2 QUARTERLY INSPECTION, TENSIONING AND REPAIRS:

4.2.1 Inspection

4.2.1.1 Check that the ETFE cladding is not deformed abnormally, or damaged to the external face.

4.2.1.2 Repair any peeling of the ETFE, specifically the welded/seemed areas.

4.2.1.3 Check for deformation, corrosion or defects to the aluminum fasteners and materials, and repairs.

4.2.1.4 Inspect bird wire and supports are complete and not in connection with the ETFE materials.

4.2.1.5 The contractor shall check and inspect the ETFE material, anchorage and all components to ensure the structural stability to be sufficient and tensioned to the requirements of the manufacturers O & M manuals, design and local environment.

4.2.1.6 Within the O & M manual there is an inspection checklist that the contractor must complete on each visit, provide copy to the Facility Maintenance Office and COR. A typed electronic copy of the inspection checklist shall be submitted to the Facilities Office and COR within five (5) working days of completion of the maintenance visit.

4.2.1.7 Elevation plans are provided within the O & M manual, and the contractor shall indicate areas that require ETFE replacement, additional repair visits, further concerns and areas where repairs have been completed.

4.2.2 Emergency Procedures

4.2.2.1 Should any immediate action issues arise to the ETFE, Supports & Structure, the first course of action should be to immediately make the area safe and report to the Facility Maintenance Office – extension 23057.

4.2.2.2 Provide Facilities Maintenance Office and COR with a report detailing emergency repair and strategy for permanent repair.

4.2.3 ETFE Repairs

4.2.3.1 The contractor shall include for tape repairs, as per ETFE repair procedures provided within the O & M manual.

4.2.3.2 The contractor shall include tape repairs to;

a) All seams, rips and tears not exceeding - 500mm length x 200mm in depth

b) Holes not exceeding a diameter of 300mm.

4.2.3.3 Indicate on elevation plans provided within O & M manuals where the repairs had been completed.

4.2.4 ETFE (Sail) Tensioning.

4.2.4.1 Procedures for tensioning the ETFE system is provided within the O &M manual reference section – “Rectification Steps to Reduce Wrinkling”.

4.2.5 ETFE Material Replacement

4.2.5.1 The contractor shall provide an itemized quote for the supply and replacement of an ETFE panel if the material would become beyond repair. The quotation will be fully comprehensive of all materials, installa- tion, equipment, labor, administration, shipping and transportation.

4.3 GENERAL:

4.3.1 Provide a full service maintenance agreement written in English. Full service maintenance means that all parts, materials, supplies and labor are included with the exception of repairs made due to acts of major force and misuse.

4.4 PERFORMANCE START DATE:

4.4.1 September 2023

4.5 SPARE PARTS:

4.5.1 Included in the price, the contractor will obtain, in a timely fashion, any spare parts required bird wire supports, tensioners and

ETFE repair tape to ensure safe structural integrity.

4.6 PROVISIONS FOR TESTING:

4.6.1 Local UK regulations for testing shall be also followed.

4.6.1 In case of conflict between the US and the UK requirements the US regulations shall prevail.]

4.7 CERTIFICATIONS AND INSURANCE COVER OF MAINTENANCE ORGANIZATION:

4.7.1 The contractor shall have an insurance cover for the whole length of the contract. The terms and conditions of the insurance policy shall comply with local UK regulations and policy.

4.7.2 The contractor shall be responsible for the safe and environmentally friendly disposal of all redundant materials, parts and consumables. Safe disposal records copies shall be provided to the Embassy after each visit.

4.8 ETFE SAIL AND STRUCTURE CLEANING:

4.8.1 It is proposed to complete the ETFE Sail and Structure cleaning once annually, every 12 months, first scheduled for September

2023, and 12 monthly intervals thereafter.

4.8.2 The sails and structure will not be directly power washed. Power washing is forbidden as damage could be caused to the integrity of the sails, weather proofing and seals of the glass cladding.

4.8.3 On each visit the contractor shall wash internally and externally the ETFE sails, using low grade soapy water applied by wiping cloth, and rinsed down with deionized water.

4.8.4 Where the ETFE membrane wraps around the vertical steel structure, the contractor will pay close attention and get as much dirt/alien bodies cleaned off the surfaces as possible.

4.8.5 The contract shall include the washing of the sail structure using the same method as in item 1.1.2.

4.8.6 Contractor shall wash wipe off any spillage or splashes to the exterior glazing of the building.

4.8.7 Contractor shall clean the sails and structure first and then move on to cleaning windows.

4.8.8 The main entrance glass canopies with need cleaning, after the sail/structure cleaning has been completed.

4.8.9 Ensure that zoning barriers are installed at ground level to warn of water hazards above, and provide signage advising Embassy community that persons are working within these areas.

4.8.10 Contractor to provide all necessary access rope equipment, PPE and personnel to complete the tasks. The contractor will be authorized to use any government furnish equipment.

4.8.11 Area of ETFE/Sails & structure Chancery = 11,400 m²

4.8.12 Main Entrance Canopy = 138.5 m²

4.9 ROOF PERIMETER LIGHTING:

4.9.1 During the maintenance inspection, the contractor shall access all high level roof perimeter lighting, inspect the light fitting condition, tighten anchor fastenings to ensure that their structural integrity will not fail.

4.9.2 Report any defects with the site report.

4.10 SITE VISIT REPORTS

4.10.1 After the completion each maintenance visit, the contractor shall provide a detailed report consisting of repairs completed including before and after photographs, repairs marked on elevations drawings, any concerns of the outer envelope including photographs.

4.10.2 The contractor is advised that they will need to provide their photos to Regional Security to review and approve.

4.10.3 The photos shall be saved on a memory card, and issued to the COR.

SECTION II CLAUSES

FAR 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 these address(es):

Referenced FAR provisions and clauses can be obtained from:

http://www.acquisition.gov/comp/far/current/html/FARTOCP52.html#wp340130

Referenced DOSAR provisions and clauses can be obtained from:

http://www.statebuy.state.gov/dosar/fullscreen.asp?menu_id=40

(note: click on 652 – 653 sub-chapter, Click on 652 and then scroll down)

The following FAR and DOSAR clauses are incorporated by reference:

CLAUSE TITLE DATE

52.202-1 Definitions JUN 2020

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees MAY 2014

52.203-6 Restrictions on Subcontractor Sales to the Government JUN 2020

52.203-7 Anti-Kickback Procedures JUN 2020

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

MAY 2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity MAY 2014

52.203-12 Limitation on Payments to Influence Certain Federal

Transactions

JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and

Requirements to Inform Employees of Whistleblower Rights

JUN 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-19 Incorporation by Reference of Representations and

Certifications

DEC 2014

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.209-6 Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended or Proposed for

Debarment

NOV 2021

52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

52.211-5 Material Requirements AUG 2000

52.212-4 Contract Terms and Conditions - Commercial Items DEC 2022

52.215-2 Audit and Records – Negotiations JUN 2020

52.215-8 Order of Precedence – Uniform Contract Format OCT 1997

52.215-19 Notification of Ownership Changes OCT 1997

52.215-21 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data -Modifications

NOV 2021

52.222-19 Child Labor – Cooperation with Authorities and Remedies JAN 2022 http://www.acquisition.gov/comp/far/current/html/FARTOCP52.html#wp340130 http://www.statebuy.state.gov/dosar/fullscreen.asp?menu_id=40

52.222-50 Combating Trafficking in Persons NOV 2021

52.223-18 Encouraging Contractor Policies to Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021

52.225-14 Inconsistency between English Version and Translation of

Contract

FEB 2000

52.229-6 Taxes – Foreign Fixed-Price Contracts FEB 2013

52-229-12 Tax on Certain Foreign Procurements FEB 2021

52.232-1 Payments APR 1984

52.232-11 Extras APR 1984

52.232-17 Interest MAY 2014

52.232-22 Limitation of Funds APR 1984

52.232-23 Assignment of Claims MAY 2014

52.232-25 Prompt Payment JAN 2017

52.232-33 Payment by Electronic Funds Transfer – System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.233-1 Disputes, Alternate I (DEC 1991) MAY 2014

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-3 Continuity of Services JAN 1991

52.242-13 Bankruptcy JUL 1995

52.243-1 Changes – Fixed Price – Alternate II (Apr 1984) AUG 1987

52.243-7 Notification of Changes JAN 2017

52.244-6 Subcontracts for Commercial Items DEC 2022

52.245-1 Government Property SEP 2021

52.245-9 Use and Charges APR 2012

52.246-17 Warranty for Supplies of a Noncomplex Nature JUN 2003

52.246-18 Warranty for Supplies of a Complex Nature MAY 2001

52.246-20 Warranty for Services MAY 2001

52.246-25 Limitation of Liability FEB 1997

52.249-2 Termination for Convenience of the Government (Fixed

Price)

APR 2012

52.249-8 Default (Fixed-Price Supply and Service) APR 1984

652.216-70 Ordering – Indefinite-Delivery Contract APR 2004

652.225-71 Section 8(a) if the Export Administration Act of 1979, as

Amended

AUG 1999

652.229-71 Personal Property Disposition at Posts Abroad AUG 1999

652.236-70 Additional Safety Measures OCT 2017

652.242-73 Authorization and Performance AUG 1999

652.242-70 Contracting Officer’s Representative AUG 1999

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-

Commercial Products and Commercial Services - the applicable clauses under paragraph (b) are:

52.204-10; 52.209-6; 52.222-19; 52.222-21; 52.222-26; 52.222-35; 52.222-50; 52.223-18;

52.225-13; 52.232-33; 52.232-34

Addendum to FAR 52.212-4 Contract Terms and Conditions – Commercial Items (Nov 2021) (Deviation

2017-02)

The whistleblower protection of 41 U.S.C 4712 has been removed from paragraph (r) of FAR clause 52.212-4.

The following revised paragraph applies:

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and

41 U.S.C. chapter 21 relating to procurement integrity.

(End of Clause)

The following clauses are provided in full text:

FAR 52.204-13 – SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(a) Definitions. As used in this clause—

“Electronic Funds Transfer (EFT) indicator” means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional

System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

“Registered in the System for Award Management (SAM)” means that–

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the

EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of

Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer

Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

“System for Award Management (SAM)” means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes–

(1) Data collected from prospective Federal awardees required for the conduct of business with the

Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with

FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor https://www.acquisition.gov/content/part-32-contract-financing#i1080713 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121746 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121869 http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063838 was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The

Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(d)

(1)

(i)If a Contractor has legally changed its business name or “doing business as” name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to—

(A) Change the name in SAM;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting

Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii)If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the

Contractor indicated in the contract will be considered to be incorrect information within the meaning of the

“Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall l not change the name or address for EFT payments or manual payments, as appropriate, in SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(e) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.sam.gov.

(End of clause) https://www.acquisition.gov/content/part-42-contract-administration-and-audit-services#i1074581 https://www.acquisition.gov/content/part-42-contract-administration-and-audit-services#i1074581 https://www.acquisition.gov/content/part-32-contract-financing#i1081453 https://www.sam.gov/

FAR 52.204-21 – BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

(JUNE 2016)

a. Definitions. As used in this clause–

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the

Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual

(Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C.

3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

b. Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

http://uscode.house.gov/

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

c. Subcontracts. The Contractor shall include the substance of this clause, including this paragraph

(c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have

Federal contract information residing in or transiting through its information system.

FAR 52.216-18 – ORDERING (OCT 1995)

a. Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the date of award through 30 days after expiration of the contract.

b. All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

c. If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

FAR 52.216-19 – ORDER LIMITATIONS (OCT 1995)

a. Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $250 or local currency equivalent, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

1. Any order for a single item in excess of $ 50,000.00 or local currency equivalent;

2. Any order for a combination of items in excess of $100,000.00 or local currency equivalent; or

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

c. If this is a requirements contract (i.e., 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…