RFQ 19MX5725Q0015 Swimming Pool CGR.docx

TABLE OF CONTENTS

SECTION 1 - THE SCHEDULE

· SF 1449 cover sheet

· Continuation To SF-1449, RFQ Number 19MX5725 Q 0015, Prices, Block 23

· Continuation To SF-1449, RFQ Number 19MX5725 Q 0015, Block 20 Description/Specifications/Work Statement

· Attachments 1 - 8

SECTION 2 - CONTRACT CLAUSES

· Contract Clauses

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

SECTION 3 - SOLICITATION PROVISIONS

· Solicitation Provisions

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

SECTION 4 - EVALUATION FACTORS

· Evaluation Factors

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

SECTION 5 - REPRESENTATIONS AND CERTIFICATIONS

· Offeror Representations and Certifications

· Addendum to Offeror Representations and Certifications - FAR and DOSAR Provisions not Prescribed in Part 12

SECTION 1

COVER PAGE

See SF-1449 in attached file.

THE SCHEDULE

CONTINUATION TO SF-1449

RFQ NUMBER 19MX5725 Q 0015

PRICES, BLOCK 23

1.1 GENERAL

The contractor shall provide Swimming Pool and Equipment Preventive Maintenance Services for U.S. Government-managed real property in Hermosillo, Sonora, Mexico.

1.2 TYPE OF CONTRACT

The contract type is firm-fixed rates. Orders will be placed by firm-fixed purchase order.

1.3 PERIOD OF PERFORMANCE

The performance period of this contract is from the star date in the Notice to Proceed and continues for 12 months, with four (4), one-year options to renew in accordance with the FAR clause 52.217-9. The initial period of performance includes any transition period authorized under the contract.

The Contracting Officer may also extend this contract for an additional six (6) months, if required by the Government, in accordance with the FAR clause 52.217-8 Option to Extend Services, in Section 2 of this contract.

1.4 NOTICE TO PROCEED

After contract award and submission of acceptable insurance certificates, the Contracting Officer shall issue a Notice to Proceed. The Notice to Proceed will establish a date (a minimum of ten (10) days from date of contract award unless the Contractor agrees to an earlier date) on which performance shall start.

1.5 PRICING

This is a fixed-price contract with four (4) one-year options.

(a) The Contractor shall provide the supplies or services for the base period of the contract at the rates shown below and any option years exercised by the U.S. Government.

(b) The U.S. Government will pay the Contractor the fixed price per service described after they has been delivered and received by the Contracting Officer (CO) or the Contracting Officer Representative (COR), along with required reports and paperwork including proper invoice.

(c) The price listed below shall include all labor, materials, insurance (see FAR 52.228-4 and 52.228-5), overhead, and profit. The U.S. Government will not pay any additional expenses.

SECTION 1

PRICING

1.5.1 CURRENCY

1.5.1.1 Offers and Payments in U.S. Dollars

U.S. firms are eligible to be paid in U.S. dollars. U.S. firms desiring to be paid in U.S. dollars should submit their offer in U.S. dollars. A U.S. firm is defined as a company which operates as a corporation incorporated under the laws of a state within the United States.

Local companies are eligible to be paid in U.S. dollars provided that such company has a bank account in U.S. dollars at a Local Bank.

1.5.1.2 Offers and Payment in Pesos, Mexican currency.

Any firm that is not a U.S. firm is a foreign firm. Any local or foreign firm that does not meet the definition of a U.S. firm shall submit its prices and receive payment in local currency unless the foreign or local firm has a U.S. dollar bank account at a Local Bank.

1.5.2 VALUE ADDED TAX

1.5.2.1 U.S. Firms

Value Added Tax (VAT) is not applicable to U.S. firms, therefore it shall not be included in U.S.

firms’ rates or Invoices.

1.5.2.2 Local Companies

Value Added Tax (VAT) for offers submitted by local companies, either in U.S. Dollars or in Pesos, Mexican currency, is not included in line-item rates. Instead, it will be priced as a separate amount in the contract and on the Invoices. Local law dictates the portion of the contract price that is subject to VAT; this percentage is multiplied only against that portion.

1.5.3 BASE YEAR PRICES

The contractor shall provide the services stated below for the Base Period of the contract, starting on the effective date in the Notice to Proceed and continuing for a period of 12 months.

As per paragraph 1.5.1 above, prices are in _________ (Insert Currency).

VAT

Total Price

PRICING

1.5.4 FIRST OPTION YEAR PRICES

The contractor shall provide the services stated below for the First Option Year of the contract.

1.5.5 SECOND OPTION YEAR PRICES

The contractor shall provide the services stated below for the Second Option Year of the contract.

1.5.6 THIRD OPTION YEAR PRICES

The contractor shall provide the services stated below for the Third Option Year of the contract.

1.5.7 FOURTH OPTION YEAR PRICES

The contractor shall provide the services stated below for the Fourth Option Year of the contract.

1.5.8 GRAND TOTAL

Grand Total Contract Price, Including all Option Years

PERFORMANCE WORK STATEMENT

CONTINUATION TO SF-1449

RFQ NUMBER 19MX5725 Q 0015

PRICES, BLOCK 20

1.6 PERFORMANCE WORK STATEMENT

The United States Government (USG) requires a professional local contractor to perform preventive maintenance “PM” service of swimming pool and its equipment as well as perform water testing indicated in next chapters for real property managed by the U.S. Government in Hermosillo, Sonora.

The main purpose of this PWS is to provide guidance to interested contractors on:

How the contractor will meet the Consulate requirements.

During the period of performance or time of contract, the contractor must always comply with the following:

· Safety is the top priority, especially considering there will be people using the pool.

· Always keep areas undisturbed and accessible.

· Work areas must be isolated, delimited and with control access, when applicable.

1.7 GENERAL REQUIREMENTS

Contractor shall provide coordination, supervision, materials, tools, consumables, reagents, personal protective equipment “PPE”, management, and maintenance services to complete the requirements of this contract. There are no USG materials/products/tools provided for this service. Daily activities, as mentioned below, will be considered on Mondays, Wednesdays and Fridays, as well as one Saturday per month, previously coordinated. Available hours to perform activities included in this SOW are 9am-4pm and the contractor can take advantage of this at its own convenience.

Contractor furnished materials shall include, but not limited to, any material needed to satisfactorily complete and deliver a high quality product, the materials considered shall be: cleaning accessories, different sizes and material brushes, telescopic poles, vacuum cleaning equipment (vacuum head, vacuum hose, and hose-to-wall fitting items), cleaning chemicals, water treatment chemicals, containers and labels for any substance used, plastic bags and containers to pick-up debris and garbage. All chemicals shall have US EPA (Environmental Protection Agency) and NSF (National Sanitation Foundation) certification.

The Contractor shall include all planning, administration, and management necessary to assure that all services comply with the contract, the Contracting Officer’s Representative (COR) schedules and instructions, and all applicable laws and regulations.

The Contractor shall have the services of trained personnel with experience in the cleaning and preventive maintenance of swimming pools and give technical guidance to the contractor's work force.

Contractor shall guarantee the water quality is ideal and the chemical balance of it is within the Overseas Buildings Operations (OBO) pool standards as indicated on the weekly activities section.

1.8 MANAGEMENT AND SUPERVISION

1.8.1 SUPERVISON

The Contractor shall designate a representative who shall be responsible for on-site supervision of the Contractor's workforce whenever is required by the COR. This supervisor shall be the focal point for the Contractor and shall be the point of contact with U.S. Government personnel.

Contractor shall institute an appropriate inspection system including:

a. Develop and maintain checklists of duties to be carried out.

b. Ensure these duties are closely monitored by the supervisor and skilled workers.

c. Perform inspections at all work locations to determine whether the various services are being performed according to the contract requirements.

The Contractor’s Supervisor designated under this Contract is:

Supervisor: __________________________________________ Telephone Number(s): ___________________ E-mail: _________________________________

1.8.2 SCHEDULES

The Contractor shall maintain work schedules. The schedules shall take into consideration the hours that the staff can effectively perform their services without placing a burden on the security personnel of the Post. The Contractor shall deliver standard services between the hours of 9:00 AM and 4:00 PM Monday, Wednesday, and Friday, as well as one Saturday per month. For those items other than routine daily services, the Contractor shall provide the COR with a detailed plan as to the personnel to be used and the time frame to perform the service.

1.8.3 QUALITY CONTROL

The Contractor shall be responsible for quality control. The Contractor shall perform inspection visits to the work site on a regular basis. The Contractor shall coordinate these visits with the COR. These visits shall be surprising inspections for those working on the contract.

1.8.4 TECHNICAL GUIDANCE

All personnel assigned by the contractor for the performance of the respective services shall be supervised by the contractor. There shall be no employer employee relationship between the USG and the contractor's personnel. Subcontractors may only be employed with the express written consent of the Contracting Officer.

NO STORAGE OF CHEMICALS IS ALLOWED ON SITE BUT FOR THE AMOUNT IN THE BOTTLE OR PACKAGE IN USE. NO LIQUID CHLORINE CAN BE USED IN THE PREMISES.

No liquid or solid chemicals or test reagents may be stored in our warehouse. All materials must be brought onsite each time they are to be used, and leftover materials must be taken off-site by the contractor at the

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PERFORMANCE WORK STATEMENT

end of the workday. Limited amounts of storage for items that are in use may be permitted, but the contractor must receive approval from the COR prior to storing any materials onsite.

All personnel that will work with chemicals must present a formal certification or document to demonstrate this aptitude. It is the responsibility of the contractor to know and follow chemical safety guidelines in order to reduce the risks involved with using chemicals. Anytime the staff manipulates chemical products, MSDS (material safety data sheet) shall be used and applied accordingly. See following picture as support.

Application of Chemicals

All chemicals used for control purposes the swimming pool, including, but not limited to, shall be approved by Department of State (DOS) Overseas Building Operations (OBO) Safety Health and Environment Management (SHEM) and applied by, or under, the direct supervision of POSHO. Within 30 days before contract award, the contractor shall furnish U.S Consulate General with a copy of the Material Safety Data Sheets (MSDSs). The contractor accepts total responsibility for this work. The Contractor shall furnish labels of all chemicals being used in conjunction with this contract.

1.9 PERFORMANCE OF WORK: SWIMMING POOL

1.9.1 DAILY ACTIVITIES

Collect debris on the surface or bottom. Spray water on the tile and pick up leaves and other debris. Using a leaf skimmer or leaf rake, remove debris first from the surface and then from the bottom.

Vacuum the pool. The pool will be vacuumed every visit as heavy use or wind and rain will bring in debris. The vacuum hose must be completely filled with water before it is attached to the filter line. If a nylon brush is part of the vacuum head, it shall be adjusted so it touches the floor and dislodges embedded dirt. When wheels and brushes are so worn that they can no longer be adjusted, they shall be replaced.

Perform a full visual inspection at pool, as well as machinery room: inspecting for leaks, correct boiler operation, abnormal noises on equipment, overheating, etc. Machine room shall be kept clean. Report any finding immediately to the COR (contracting officer’s representative).

The water level of the pool will be checked daily, and this level must always be maintained. If the level is lower or higher than normal, immediately inform the Consulate staff.

The amount of chlorine tablets in the pool equipment will be checked daily. Additional chlorine tablets will be added as necessary to maintain the chlorine dosage at approved levels.

PH levels must be checked daily. If levels are out of approved ranges, Contractor must apply recommended products to keep PH levels within acceptable range.

Clean furniture inside pool barrier

1.9.2 WEEKLY ACTIVITIES

Inspect and clean the strainer located at pump suction. If it needs to be replaced, report to the COR. Pump shall be turned off before doing this task.

You must check the pressure gauge of the filters to see if there is a representative pressure drop to decide if the filters should be changed or not. This must be communicated immediately with the Consulate staff.

Clean tile and walls. The scum that forms on the tile at the waterline shall be cleaned with special tile cleaners that can be applied with a brush. Never use steel wool to clean tiles because the iron particles can stain the finish. Remove light scale deposits from tile. Brush the walls in a uniform manner with a tough enough brush to remove the dirt that clings to the walls.

Clean glass around the pool, on both sides, using a commercial product dedicated to that purpose.

Perform water testing. Depending on the results, chemicals may need to be adjusted to guarantee the water quality is within the safety requirements (see parameters listed below). If water testing results are abnormal, the results shall be verified with testing again. There will be a logbook to register all the water testing results, it will be left in an accessible location close to the pool. The results will also be delivered to the Consulate staff via email.

Indications and requirements specified in the Swimming Pool Operation and Maintenance guidelines from Overseas Building Operations (OBO) are listed below. If the use of the pool should be restricted, inform Consulate staff immediately.

Ph: parameter 7.2 to 7.6 To raise: add soda ash; to lower: add hydrochloric acid or sodium bisulfate.

Total Alkalinity: parameter 80 to 100 ppm To raise: add sodium bicarbonate; to lower: add hydrochloric acid.

Free Chlorine: parameter 1.0 to 3.0 ppm To raise: add chlorine chemical; to lower: no action, chlorine will naturally dissipate.

Cyanuric Acid (chlorine stabilizer): parameter 30 to 60 ppm To raise: add stabilizer; to lower: dilution, partially drain and refill pool with water that has not been treated with cyanuric acid.

Algaecide and clarifiers should be applied on an as needed basis.

Sweep the pool decking. Sweeping must be directed away from the pool to prevent debris from collecting around its edge or from being blown into it.

Clean the fountain ornament next to the pool shower. Remove dust, water accumulated inside the basin and leaves

All dust, trash and debris must be removed from swimming pool machine room. Clean, dust and/or vacuum machine room once a week. Authorized tools, equipment and chemicals must be stored inside the swimming pool machine room, on their proper and labeled container.

SECTION 1

PERFORMANCE WORK STATEMENT

Present a weekly check list with all mentioned tasks, including the daily ones. These formats shall be attached with the monthly report, as indicated in Section 1.8.1 -a

1.9.3 MONTHLY

Valves must occasionally be operated through their entire range to prevent dirt and corrosion from making them inoperable. This should be done while the pump is turned off.

Clean coping and decking. Use nonabrasive cleaners and sweep away from pool. Acceptable methods for cleaning outdoor pool decks are hosing and mopping. Hosing and cleaning movement must be directed away from the pool to prevent debris from collecting around its edge or from being blown into it. High-pressure cleaning and scrubbing are accepted practices for maintaining nonslip decks

Inspect top of water heater and draft hood for soot, a sticky black substance around finned tubes and “V” baffles, and open flue gas passageways. Any visible soot should be cleaned for proper operation.

Clean main burners and pilot burners of water heater.

Clean room intake openings to ensure adequate flow of combustion and ventilation air for the water heater.

Sweep or vacuum machine room, remove debris, spider webs or leaves. Clean and inspect all swimming pool equipment for proper operation (pump, chloride feeder, sand filter, pipes, pump timer).

Deliver a written monthly report to the COR by email, indicating the pool water chemical testing results of each week, the pool state, findings and issues detected, and any further data related to the pool maintenance and cleaning. This report is apart from the pool water testing results logbook, and it is a requirement to submit the report with the monthly invoice.

1.9.4 SEMIANNUALLY (TWICE A YEAR)

Inspect the filters to verify their optimum condition. Inform the Consulate staff if any changes are necessary.

1.10 REMOVAL OF EQUIPMENT

The contractor shall remove all equipment used from the work site before the end of each workday.

1.11 LOCATION

All standard services are to be delivered on regular post-working days, normally Monday to Friday.

Location: Hermosillo, Sonora, Mexico. The property address will be provided upon award of the contract.

1.12 INVOICING AND PAYMENT

Upon completion and acceptance of the work. The contractor shall submit its electronic Invoice clearly stating the services provided as described in the respective purchase order. This invoice shall be submitted to the following email address hermoinvoices@state.gov

1.12.1 Invoice Revision

The COR will review each summary invoice and approve invoices for payment. It shall be the COR who will interact with the Contractor on any invoice problems.

1.12.2 Payment

Payment shall be made in local currency by Electronic Funds Transfer (EFT) within 30 days after receipt of the proper invoice.

1.13 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.

1.14 AUTHORIZATION AND APPROVAL

1.14.1 Officer Authorized to Sign and Approve

Only any warranted Contracting Officer assigned to the General Services Office at the U.S. Consulate General in Hermosillo is authorized to sign and approve purchase orders as well as to provide Notice to Proceed.

All authority to change or modify the basic contract, including the exercising of any options, remains with the Contracting Officer assigned to the General Services Office at the U.S. Consulate General Hermosillo.

1.14.2 Authorization to Give Instructions and Directions

No person or agency other than the Contracting Officer (CO) is authorized to give instruction, orders or directions on behalf of the Government to the Contractor or his employees, unless such person or agency is authorized in writing by the CO to so act. The authority of such person or agency is strictly limited to the written authorization provided by the CO. The duty is upon the Contractor to determine the authority of such person or agency. Any questions regarding the authority of such person or agency should be directed to the CO in writing.

1.14.3 Delegation of Authority

The CO may designate and authorize a representative(s) to act on his/her behalf under this contract. Such representative(s) as may be appointed shall be designated by a letter from the CO and a copy of the letter shall be given to the Contractor. The COR shall represent the CO as specified in his/her delegation of authority letter. The COR shall not be authorized to issue change orders or adjustments. Changes in the Scope of Work/Specifications or any increase or decrease in the work called for by this contract shall be made by the CO by an executed modification to this contract.

1.14.4 Contracting Officer Representative (COR)

See DOSAR clause 652.242-70 in Section 2, Contract Clauses.

1.15 OPTION PERIODS

This Contract includes a (4) Four-year option period. Therefore, the U.S. Government may extend this contract under FAR 52.217-9, “Option to Extend the Term of the Contract” and 52.217-8, “Option to Extend Services”.

These options periods are priced in paragraphs 1.5.4, First Option Year Prices, 1.5.5 Second Option Year Prices,1.5.6 Third Option Year Prices and 1.5.7 Fourth Option Year Prices, if exercised, the option period shall commence at the expiration of the previous period of performance and will continue for 12 months.

1.16 DELIVERABLES

The following items shall be delivered under this contract:

1.17 PERSONNEL REQUIREMENTS

1.17.1 GENERAL

The Contractor shall maintain discipline at the site and shall take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by Contractor employees at the site. The Contractor shall preserve peace and protect persons and property on site. 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 costs to the Government. All personnel must be registered in the local social security institution as established in the local law.

1.17.2 STANDARD OF CONDUCT

1.17.2.1 UNIFORMS AND PERSONAL EQUIPMENT

Uniforms and Personal Equipment. The Contractor's employees shall wear clean, neat and complete uniforms when on duty. All employees shall wear uniforms approved by the Contracting Officer's Representative (COR).

1.17.2.2 CONDUCT DURING DUTY HOURS

The Contractor shall enforce no sleeping while on duty, unreasonable delays or failures to carry out assigned tasks, conducting personal affairs during duty hours and refusing to render assistance or cooperate in upholding the integrity of the worksite security. Neglect of duties shall not be condoned.

1.17.2.3 OFFENSIVE AND DISORDERLY CONDUCT

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, which interfere with normal and efficient Government operations.

1.17.2.4 INTOXICANTS AND NARCOTICS

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

1.17.2.5 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:

· 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;

· Unauthorized use of Government property, theft, vandalism, or immoral conduct;

· Unethical or improper use of official authority or credentials;

· Security violations; or,

· Organizing or participating in gambling in any form

1.17.2.6 SAFETY PRECAUTIONS

Contractor employees shall follow proper safety policies and practices, to include those found in the approved contractor safety plan. The COR reserves the right to remove an employee not following proper safety protocols or to stop working until proper protocols are followed.

The COR reserves the right to place additional safety protocols in place in case of a major event such as a natural disaster, pandemic, etc.

1.17.3 KEY CONTROL

The Contractor shall receive, secure, issue and account for any keys issued for access to buildings, offices, equipment, gates, etc., for the purposes of this contract. The Contractor shall not duplicate keys without the COR's approval. Where it is determined that the Contractor or its agents have duplicated a key without permission of the COR, the Contractor shall remove the individual(s) responsible from this contract. If the

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PERFORMANCE WORK STATEMENT

Contractor has lost any such keys, the Contractor shall immediately notify the COR. In either event, the Contractor shall reimburse the Government for the cost of rekeying that portion of the system.

1.18 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES

The Contractor shall inform the COR of any actual or potential labor dispute that is delaying or threatening to delay the timely performance of this contract.

1.19 PERSONNEL SECURITY

After award of the contract, the Contractor shall provide the following list of data on each employee who will be working under the contract. The Contractor shall include a list of workers and supervisors assigned to this project. The Government will run background checks on these individuals. It is anticipated that security checks will take 15 days to perform. For each individual the list shall include:

· RSO Security Certification Form with:

· Full Name

· Place and Date of Birth

· Current Address

· Identification number

1.19.1 IDENTITY CARDS

Government shall issue identity cards to Contractor personnel, after they are approved. Contractor personnel shall display identity card(s) on the uniform at all times while providing services under this contract. These identity cards are the property of the US Government. The Contractor is responsible for their return at the end of the contract, when an employee leaves Contractor service, or at the request of the Government. The Government reserves the right to deny access to U.S.-owned and U.S.-operated facilities to any individual.

1.20 MATERIALS AND EQUIPMENT

The contractor shall provide all necessary maintenance supplies and equipment, to perform the work identified in this Scope of Work.

The Contractor is responsible for ensuring that their employees have the proper equipment and materials to do the job. If a task/job normally requires a specific tool for completion, that tool shall be supplied to the employees. The Contractor shall not require their employees to work using improper tools.

1.21 INSPECTION BY GOVERNMENT

The services performed and the supplies furnished for this contract will be inspected from time to time by the Contracting Officer, or his/her authorized representatives, to determine that all work is being performed in a satisfactory manner, and that all supplies are of acceptable quality and standards.

The contractor shall be responsible for any corrective action, within the scope of this contract, which may be required by the Contracting Officer as a result of such inspection.

1.22 INSURANCE

1.22.1 AMOUNT OF INSURANCE

The Contractor is required to provide whatever insurance is legally necessary. The Contractor shall, at its own expense, provide and maintain during the entire performance period the following insurance amounts:

1.22.2 GENERAL LIABILITY

General Liability includes without limitation premises/operations, collapse hazard, products, completed operations, contractual, independent contractors, broad form property damage, personal injury.

1. Bodily Injury stated in US Dollars:

2. Property Damage stated in US Dollars:

1.22.3 MINIMUM REQUIRED

The types and amounts of insurance are the minimums required. The Contractor shall obtain any other types of insurance required by local law or that are ordinarily or customarily obtained in the location of the work. The limit of such insurance shall be as provided by law or sufficient to meet normal and customary claims.

1.22.4 DEFENSE BASED ACT INSURANCE

For those Contractor employees assigned to this contract who are either United States citizens or direct hire in the United States or its possessions, the Contractor shall provide workers’ compensation insurance in accordance with FAR 52.228-4.

1.22.5 DAMAGES

The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to:

• any property of the Contractor,

• its officers,

• agents,

• servants,

• employees, or

• any other person,

• arising from an incident to the Contractor's performance of this contract.

1.22.6 INDEMNIFICATION

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.

1.22.7 MATERIAL AND EQUIPMENT INSURANCE

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

1.22.8 GOVERNMENT AS ADDITIONAL INSURED

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

1.22.9 TIME FOR SUBMISSION OF EVIDENCE OF INSURANCE

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

1.23 LAWS AND REGULATIONS

1.23.1 COMPLIANCE REQUIRED

The contractor shall, without additional expense to the Government, be responsible for complying with all host country laws, codes, ordinances, and regulations applicable to the performance of the work, and with the lawful orders of any governmental authority having jurisdiction. If there is a conflict between the contract and requirements of local law, the Contractor shall promptly advise the Contracting Officer of the conflict and of the Contractor's proposed course of action for resolution by the Contracting Officer.

1.23.2 LABOR, HEALTH AND SAFERY

The Contractor shall comply with all local labor laws, regulations, customs and practices pertaining to labor, safety, and similar matters, unless they are inconsistent with the requirements of this contract.

1.24 TRANSTITION PLAN

Within 5 days after contract award, the Contracting Officer may ask the Contractor to develop a plan for preparing the new Contractor to assume all responsibilities for pool maintenance services. The plan shall establish the projected period for completion of all clearances of contractor personnel, and the projected start date for performance of all services required under this contract. The plan shall assign priority to the selection of all employees be used under the contract.

1.25 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) 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.

Services.

Performs all swimming pool maintenance services set forth in the scope of work.

1.6 thru 1.25 All required services are performed and standards are met. No more than one (1) customer complaint is received per month.

Complaints can originate from Government personnel or the COR.

1.25.1 SURVEILLANCE

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

1.25.2 STANDARD

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 52.212-4, Contract Terms and Conditions-Commercial Items), if any of the services exceed the standard.

1.25.3 PROCEDURES

(1) If any Government personnel observe unacceptable services, either incomplete work or required services not being performed they should immediately contact the COR. If the COR observes unacceptable services, they will follow the same procedures.

(2) The COR will complete appropriate documentation to record the complaint.

(3) 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.

(4) 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.

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

(6) 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. If necessary, complaints from the COR will be verified by a third party.

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

(8) 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.

LIST OF ATTACHMENTS

Attachment # Description

ATTACHEMENT 1

GOVERNMENT FURNISHED PROPERTY

The Government shall make the following property available to the Contractor as "Government furnished property" for performance under the contract:

NONE.

ATTACHMENT 2

SWIMMING POOL AND EQUIPMENT SPECIFICATIONS

Dimensions:

Dimensions:

ATTACHMENT 2

Machine Room:

Chlorine Feeder Pentair 320 Swimming pool water leveler Sand filter S311T2EXP Vari-flow Valve

ATTACHMENT 2

Raypak propane water heater

Pool furniture and umbrellas

Tempered glass pool fence

ATTACHMENT 3

PAYMENT REGISTRATION FORM

PESOS, MEXICAN CURRENCY

Company Information

New Registration of Account Change of Account

Fiscal Name of the account holder

RFC (for Mexican Companies)

Name - Point of Contact

Telephone Number(s)

E-mail Address

Company Address

Bank information needed for EFT transfers in Pesos, Mexican Currency.

BANK INFORMATION

Bank Name

CLABE Interbancaria (18 digits)

FMC approval _____________________________________

Note to Offeror: This form has to be signed and attached in PDF format.

ATTACHMENT 4

PAYMENT REGISTRATION – USD

TO A BANK IN THE UNITED STATES

New Registration of Account Change of Account

Name of the account holder

Name - Point of Contact

Telephone Number

E-mail Address

Address

DUNS Number

Vendor US Tax ID __________________________

Bank information needed for EFT transfers in USD to a Bank in the United States

BANK INFORMATION

Bank Name

Bank Routing Number (must be 9 digits beginning with a 0,1,2 or 3)

Account Number

ATTACHMENT 5

PAYMENT REGISTRATION –

USD TO A BANK IN MEXICO

New Registration of Account Change of Account

Fiscal Name of the account holder

RFC (for Mexican Companies)

Name - Point of Contact

Telephone Number(s)

E-mail Address

Company Address

Unique Entity ID

Bank information needed for EFT transfers in U.S. Dollars to a U.S. Dollar Bank Account in Mexico.

BANK INFORMATION

Bank Name

SWIFT Bank Mexico (Different from SWIFT Intermediate Bank)

CLABE Interbancaria (18 digits)

INTERMEDIATE BANK

INFORMATION

Bank Name

SWIFT Intermediate Bank (Different from SWIFT Bank Mexico)

ATTACHMENT 6

REGISTRATION INSTRUCTIONS FOR DATA UNIVERSAL NUMBERING SYSTEM (DUNS), NATO COMMERCIAL AND GOVERNMENT ENTITY (NCAGE) CODE AND SYSTEM FOR AWARD MANAGEMENT (SAM)

1. Background:

To be eligible for an award, all prospective Offerors shall have a SAM Unique Entity ID; a Commercial and Government Entity (Cage)/North Atlantic Treaty Organization (NATO) = (NCAGE) Code; and an active registration in System for Award Management (SAM). Refer to FAR 4.605(b).

Vendors have experienced difficulty registering in SAM. One of the most common issues is inaccurate address validation. SAM first validates that addresses entered when requesting NATO Commercial and Government Entities (NCAGE) and unique entity ID match. If SAM.gov cannot validate your entity, you can create a help ticket with the Federal Service Desk at www.fsd.gov.

NOTE: it is very important that each company/entity register with their fiscal company name and address in NCAGE as well as in SAM and without misspelling/typos. The information shall match and be exactly the same on all registrations, if not, the process will take much longer.

3. NATO Commercial and Government Entity (NCAGE) Code:

Foreign entities shall obtain a NCAGE code for each Unique Entity ID they plan to register in SAM, before starting the registration process. Make sure the name and address information provided to obtain the NCAGE code matches that of the Unique Entity ID. Allow up to three (3) business days to receive the NCAGE code.

The direct link NCAGE Request Tool is: AC/135 (nato.int)

2. Unique Entity ID

On April 4, 2022, the federal government stopped using the DUNS number to uniquely identify entities. This transition allows the government to streamline the entity identification and validation process, making it easier and less burdensome for entities to do business with the federal government. the unique entity identifier used across the federal government changed from the DUNS Number to the Unique Entity ID (generated by SAM.gov).

The Unique Entity ID is a 12-character alphanumeric ID assigned to an entity by SAM.gov.

Therefore,

a. Any entity (contractor, corporation, partnership, organization, or individual) wishing to do business with the federal government under a Federal Acquisition

REGISTRATION INSTRUCTIONS FOR DATA UNIVERSAL NUMBERING SYSTEM (DUNS), NATO COMMERCIAL AND GOVERNMENT ENTITY (NCAGE) CODE AND SYSTEM FOR AWARD MANAGEMENT (SAM)

Regulation (FAR) based contract, or anyone applying for federal grants, cooperative agreements, or other forms of federal financial assistance through.

Grants.gov, must be registered in SAM.gov. Overseas federal acquisition awards up to $30,000 are granted an exception.

b. Current SAM.gov registrants have already been assigned their Unique Entity Identifier and can view it within SAM.gov; there is no further action required. Existing registered entities can find their Unique Entity ID by following the steps here.

c. After April 4, 2022, entities registering in SAM.gov will no longer have to go to Dun & Bradstreet and acquire a DUNS number.

4. System for Award Management (SAM)

Offeror must register the entity in SAM at - www.sam.gov Entity Registration

Please give yourself plenty of time before your contract application deadline. Allow up to 10 business days after you submit before your registration is active in SAM.

See SAM Entity Registration Checklist to know more about the information that will be requested during your registration.

Note to Offerors: Opening an account at sam.gov does not mean that you are registered. You need to click on GET STARTED and follow the system guidance to complete the registration

REGISTRATION INSTRUCTIONS FOR DATA UNIVERSAL NUMBERING SYSTEM (DUNS), NATO COMMERCIAL AND GOVERNMENT ENTITY (NCAGE) CODE AND SYSTEM FOR AWARD MANAGEMENT (SAM)

If you completed or started your registration before May 2021, please note that sam.gov has changed. Please see the main changes description in the following link:

https://www.fsd.gov/gsafsd_sp?id=kb_article&sys_id=1cb691e91bfaa8d02fe5ed7ae54bcb0d

5. Federal Service Desk For further guidance and help please contact the Federal Service Desk at https://www.fsd.gov

· Live Chat

· Web Form

· Call

ATTACHMENT 7

NDAA COMPLIANCE LETTER

Section 889 of the National Defense Authorization Act (NDAA) prohibits the use or procurement of service or telecommunications equipment manufactured by ZTE, Huawei, and Xiamoi (or any subsidiary or affiliate of such entities) in support of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes.

Such branded products are defined as any information security product, solutions, and services supplied, directly or indirectly, by said manufactures to include video surveillance and telecommunications equipment produced by Hytera Communication Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

IN COMPLIANCE WITH THE NDAA, we declare that:

(a) Our network does not employ any device or equipment from the manufacturers stated above.

(b) All products and services provided to the U.S. EMBASSY will not employ any device or equipment from the manufacturers stated above.

Vendor Information

Company Name ____________________________ Name - Point of Contact_______________________________ Telephone Number(s) ___________________________ E-mail Address _________________________________ Company Address____________________________________

ATTACHMENT 8

CERTIFICATION REGARDING COMPLIANCE WITH APPLICABLE FEDERAL ANTI-DISCRIMINATION LAW

All Department of State contractors must certify that they do not operate any programs promoting DEI that violate any applicable anti-discrimination laws and agree that such certification is material for purposes of the government’s payment decision and therefore subject to the False Claims Act. See 31 U.S.C. 3729(b)(4).

DIRECTIONS FOR CONTRACTORS and/or OFFERORS 1.Read the entire certification provided below.

2.After you have read the provisions, please check the appropriate boxes.

3.Upon completion of Step 2, fill out the representation below. NOTE: This certification is made by a person with the authority to bind the contractor or offeror.

4.Return completed form to the Contracting Officer/POC shown in the e-mail.

CERTIFICATION:

The Contractor or prospective offeror certifies they:

☐ are in compliance in all respects with all applicable Federal anti-discrimination laws is material to the government’s payment decisions for purposes of section 31 USC 3729(b)(4) (False Claims Act); and

☐ do not operate any programs promoting Diversity, Equity, and Inclusion that violate any applicable Federal anti-discrimination laws.

Contractor or Offeror Name (Printed or Typed): ___________________________________________

Authorized Representative Name and Title: ______________________________________________

Authorized Representative Signature and Date: ____________________________________________

Solicitation or Contract Number: ___________________________________________________

SECTION 2

CONTRACT CLAUSES

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2023) IS INCORPORATED BY REFERENCE. (SEE SF-1449, BLOCK 27A)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

ꭓ (ii) Alternate I (DEC 2023) of 52.204–30.

SECTION 2

CONTRACT CLAUSES