RFQ_SBE200-17-Q-0004.doc

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< Page 28 of 70>

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

PAGE 1 OF

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

SBE20017Q0004

6. SOLICITATION ISSUE DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Brian Kressin BrusselsBids@state.gov

b. TELEPHONE NUMBER(No collect calls)

02/811.4000

8. OFFER DUE DATE/ LOCAL TIME February 13, 2017 at 16:00PM

9. ISSUED BY CODE

10. THIS ACQUISITION IS
FORMCHECKBOX

UNRESTRICTED OR

FORMCHECKBOX

SET ASIDE:____ % FOR:

U.S. Embassy Procurement Officer

Regentlaan

FORMCHECKBOX

SMALL BUSINESS

FORMCHECKBOX

WOMEN-OWNED SMALL BUSINESS

Procurement Officer

Regentlaan/Boulevard du Régent 27 1000 Brussels

FORMCHECKBOX

HUBZONE SMALL

BUSINESS

FORMCHECKBOX

(WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM NAICS:

1000 Brussels

FORMCHECKBOX

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

FORMCHECKBOX

EDWOSB

FORMCHECKBOX

8 (A)

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINAT-

TION UNLESS BLOCK IS

MARKED

FORMCHECKBOX

SEE SCHEDULE

12. DISCOUNT TERMS
FORMCHECKBOX

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

X RFQ FORMCHECKBOX

IFB RFP

15. DELIVER TO
CODE
16. ADMINISTERED BY
CODE

See 9.

17a. CONTRACTOR/

OFFERER

TELEPHONE NO.

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY U.S. Embassy

Financial Management Center

Regentlaan 27

1000 Brussels

CODE

FORMCHECKBOX

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

FORMCHECKBOX

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

1.

Painting, drywall/plaster repair, and related services.

Base Year

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

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

FORMCHECKBOX

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 FORMCHECKBOX

ARE NOT ATTACHED

FORMCHECKBOX

27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE FORMCHECKBOX

ARE NOT ATTACHED

FORMCHECKBOX

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 HEREIN.

FORMCHECKBOX

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 CONTRACTING OFFICER (Type or print) Brian Kressin Contracting Officer

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV. 02/2012)\

TABLES OF CONTENTS

Section 1 – The Schedule

Page

• SF1449 cover sheet

• Continuation to SF1449, RFQ SBE20017Q0004 Prices, Block 23

• Continuation to SF1449, RFQ SBE20017Q0004 Schedule of Supplies/Services, Block 20 23

Description/Specifications/Work Statement

• Attachment to Description/Specifications/Work Statement, Government Furnished Property

Section 2 – Contract Clauses

• Contract Clauses

• Addendum to Contract Clauses, FAR and DOSAR clauses not prescribed in Part 12 38 Section 3 – Solicitation Provisions

• Solicitation Provisions

• Addendum to Solicitation Provisions – FAR and DOSAR clauses not prescribed in 49

Part 12

Section 4 – Evaluation Factors

• Evaluation Factors

• Addendum to Evaluation Factors – FAR and DOSAR Provisions not prescribed in 52

Part 12

Section 5 – Representations and Certifications

• Representations and Certifications 53

• Addendum to Representations and Certifications – FAR and DOSAR Provisions not prescribed in Part 12

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449

RFQ NUMBER SBE20017Q0004 – PRICES, BLOCK 23

1.

SCOPE OF SERVICES

A. The contractor shall furnish painting, drywall/plaster repair, and related services for real property owned or managed by the U.S. Government at the American Embassy Brussels in accordance with Attachment 1.

B. The Government will order all work by issuing task orders.

C. This is an indefinite-delivery indefinite-quantity type contract under which may be placed firm-fixed price task orders.

2.

CONTRACT PRICE - GENERAL

A. The Contractor shall complete all work, including furnishing all labor, material, equipment and services, required under this contract, for painting services. This price listed below shall include all labor, materials, overhead (including cost of Workers’ Compensation and War-Hazard Insurance, which shall not be a direct reimbursement) and profit.

B. OFFERS AND PAYMENT 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 offers 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.

FOREIGN FIRMS - Any firm, which is not a U.S. firm, is a foreign firm. Any firm that does not meet the above definition of U.S. firm shall submit its prices and receive payment in local currency.

C. VALUE ADDED TAX

VALUE ADDED TAX. Value Added Tax (VAT) is not applicable to this contract and shall not be included in the CLIN rates or Invoices because the U.S. Embassy has a tax exemption certificate from the host government.

3.

PRICING - BASE PERIOD

A.

The Contractor shall provide the services shown below for the base period of the contract, starting on the date stated in the Notice to Proceed and continuing for a period of 12 months. The fixed unit prices, estimated quantities, and ceiling for each category are:

Contract Line Item#
Description of Service

(per coat of paint)

Unit
Unit Price
Estimated Quantity2
Estimated Total
001
Painting Bathroom/Toilet/Kitchen Ceilings, satin finish, following surface preparation.
Sqm1

3,300

002
Painting Bathroom/Toilet/Kitchen Walls, satin finish, following surface preparation.
Sqm1

6,600

003
Painting Other Room Ceilings, latex, matt finish, following surface preparation.
Sqm1

14,000

004
Painting Other Room Walls, latex, matt finish, following surface preparation.
Sqm1

26,000

005
Painting Single doors and trims, satin finish, following surface preparation.
Each
006
Painting Double doors and trims, satin finish, following surface preparation.
Each
007
Painting Windows and trims, satin finish, following surface preparation.
Each
008
Painting Radiators, satin finish, following surface preparation.
Each
009
Painting Base boards, satin finish, following surface preparation.
Running Meter
010
Firm and Fixed cost to attend the Housing Pre-Check Out Visits.
Unit³

Total estimated amount (Base Year)

1Sqm = square meter

2This estimated amount is based on total estimated Government requirements for this period of performance. If more than one award is made, the estimated amount of work awarded under task order(s) to any single Contractor will be less than the amount shown.

The Government will not consider any claim for additional compensation unless the Government in writing in advance has authorized it. The Government shall not be responsible for any work performance that is not specifically provided for under this contract or authorized by the Government in writing in advance.

³This estimated cost can be invoiced for attending Housing Pre-Check Out visits. One unit = 1 hour in length.

B. Contract Minimum and Maximum Amounts 1.

Contract Minimum During the contract period, the Government shall place orders for a minimum of € 10,000.00. This is the contract minimum for this period of performance.

2. Contract Maximum During the contract period, the amount of all orders shall not exceed

€ 300,000.00. This is the contract maximum for this period of performance.

4.

PRICING – OPTION YEAR ONE

A.

The Contractor shall provide the services shown below for Option Year 1, starting one year after the date stated in the Notice to Proceed and continuing for a period of 12 months. The fixed unit prices, estimated quantities, and ceiling for each category are:

Contract Line Item#
Description of Service

(per coat of paint)

Unit
Unit Price
Estimated Quantity2
Estimated Total
001
Painting Bathroom/Toilet/Kitchen Ceilings, satin finish, following surface preparation.
Sqm1

3,300

002
Painting Bathroom/Toilet/Kitchen Walls, satin finish, following surface preparation.
Sqm1

6,600

003
Painting Other Room Ceilings, latex, matt finish, following surface preparation.
Sqm1

14,000

004
Painting Other Room Walls, latex, matt finish, following surface preparation.
Sqm1

26,000

005
Painting Single doors and trims, satin finish, following surface preparation.
Each
006
Painting Double doors and trims, satin finish, following surface preparation.
Each
007
Painting Windows and trims, satin finish, following surface preparation.
Each
008
Painting Radiators, satin finish, following surface preparation.
Each
009
Painting Base boards, satin finish, following surface preparation.
Running Meter
010
Firm and Fixed cost to attend the Housing Pre-Check Out Visits.
Unit³

Total estimated amount (Option Year 1)

2This estimated amount is based on total estimated Government requirements for this period of performance. If more than one award is made, the estimated amount of work awarded under task order(s) to any single Contractor will be less than the amount shown.

The Government will not consider any claim for additional compensation unless the Government in writing in advance has authorized it. The Government shall not be responsible for any work performance that is not specifically provided for under this contract or authorized by the Government in writing in advance.

³This estimated cost can be invoiced for attending Housing Pre-Check Out visits. One unit = 1 hour in length.

B. Contract Minimum and Maximum Amounts

1.

Contract Minimum During the contract period, the Government shall place orders for a minimum of € 10,000.00. This is the contract minimum for this period of performance.

2. Contract Maximum During the contract period, the amount of all orders shall not exceed

€ 300,000.00. This is the contract maximum for this period of performance.

5.

PRICING – OPTION YEAR TWO

A.

The Contractor shall provide the services shown below for Option Year 2, starting two years after the date stated in the Notice to Proceed and continuing for a period of 12 months. The fixed unit prices, estimated quantities, and ceiling for each category are:

Contract Line Item#
Description of Service

(per coat of paint)

Unit
Unit Price
Estimated Quantity2
Estimated Total
001
Painting Bathroom/Toilet/Kitchen Ceilings, satin finish, following surface preparation.
Sqm1

3,300

002
Painting Bathroom/Toilet/Kitchen Walls, satin finish, following surface preparation.
Sqm1

6,600

003
Painting Other Room Ceilings, latex, matt finish, following surface preparation.
Sqm1

14,000

004
Painting Other Room Walls, latex, matt finish, following surface preparation.
Sqm1

26,000

005
Painting Single doors and trims, satin finish, following surface preparation.
Each
006
Painting Double doors and trims, satin finish, following surface preparation.
Each
007
Painting Windows and trims, satin finish, following surface preparation.
Each
008
Painting Radiators, satin finish, following surface preparation.
Each
009
Painting Base boards, satin finish, following surface preparation.
Running Meter
010
Firm and Fixed cost to attend the Housing Pre-Check Out Visits.
Unit³

Total estimated amount (Option Year 2)

2This estimated amount is based on total estimated Government requirements for this period of performance. If more than one award is made, the estimated amount of work awarded under task order(s) to any single Contractor will be less than the amount shown.

The Government will not consider any claim for additional compensation unless the Government in writing in advance has authorized it. The Government shall not be responsible for any work performance that is not specifically provided for under this contract or authorized by the Government in writing in advance.

³This estimated cost can be invoiced for attending Housing Pre-Check Out visits. One unit = 1 hour in length.

B. Contract Minimum And Maximum Amounts

1.

Contract Minimum During the contract period, the Government shall place orders for a minimum of € 10,000.00. This is the contract minimum for this period of performance.

2. Contract Maximum During the contract period, the amount of all orders shall not exceed

€ 300,000.00. This is the contract maximum for this period of performance.

6.

PRICING – OPTION YEAR THREE

A. The Contractor shall provide the services shown below for Option Year 3, starting three years after the date stated in the Notice to Proceed and continuing for a period of 12 months. The fixed unit prices, estimated quantities, and ceiling for each category are:

Contract Line Item#
Description of Service

(per coat of paint)

Unit
Unit Price
Estimated Quantity2
Estimated Total
001
Painting Bathroom/Toilet/Kitchen Ceilings, satin finish, following surface preparation.
Sqm1

3,300

002
Painting Bathroom/Toilet/Kitchen Walls, satin finish, following surface preparation.
Sqm1

6,600

003
Painting Other Room Ceilings, latex, matt finish, following surface preparation.
Sqm1

14,000

004
Painting Other Room Walls, latex, matt finish, following surface preparation.
Sqm1

26,000

005
Painting Single doors and trims, satin finish, following surface preparation.
Each
006
Painting Double doors and trims, satin finish, following surface preparation.
Each
007
Painting Windows and trims, satin finish, following surface preparation.
Each
008
Painting Radiators, satin finish, following surface preparation.
Each
009
Painting Base boards, satin finish, following surface preparation.
Running Meter
010
Firm and Fixed cost to attend the Housing Pre-Check Out Visits.
Unit³

Total estimated amount (Option Year 3)

2This estimated amount is based on total estimated Government requirements for this period of performance. If more than one award is made, the estimated amount of work awarded under task order(s) to any single Contractor will be less than the amount shown.

The Government will not consider any claim for additional compensation unless the Government in writing in advance has authorized it. The Government shall not be responsible for any work performance that is not specifically provided for under this contract or authorized by the Government in writing in advance.

³This estimated cost can be invoiced for attending Housing Pre-Check Out visits. One unit = 1 hour in length.

B. Contract Minimum And Maximum Amounts 1.

Contract Minimum During the contract period, the Government shall place orders for a minimum of € 10,000.00. This is the contract minimum for this period of performance.

2. Contract Maximum During the contract period, the amount of all orders shall not exceed

€ 300,000.00. This is the contract maximum for this period of performance.

7.

PRICING – OPTION YEAR FOUR

A.

The Contractor shall provide the services shown below for Option Year 4, starting four years after the date stated in the Notice to Proceed and continuing for a period of 12 months. The fixed unit prices, estimated quantities, and ceiling for each category are:

Contract Line Item#
Description of Service

(per coat of paint)

Unit
Unit Price
Estimated Quantity2
Estimated Total
001
Painting Bathroom/Toilet/Kitchen Ceilings, satin finish, following surface preparation.
Sqm1

3,300

002
Painting Bathroom/Toilet/Kitchen Walls, satin finish, following surface preparation.
Sqm1

6,600

003
Painting Other Room Ceilings, latex, matt finish, following surface preparation.
Sqm1

14,000

004
Painting Other Room Walls, latex, matt finish, following surface preparation.
Sqm1

26,000

005
Painting Single doors and trims, satin finish, following surface preparation.
Each
006
Painting Double doors and trims, satin finish, following surface preparation.
Each
007
Painting Windows and trims, satin finish, following surface preparation.
Each
008
Painting Radiators, satin finish, following surface preparation.
Each
009
Painting Base boards, satin finish, following surface preparation.
Running Meter
010
Firm and Fixed cost to attend the Housing Pre-Check Out Visits.
Unit³

Total estimated amount (Option Year 4)

2This estimated amount is based on total estimated Government requirements for this period of performance. If more than one award is made, the estimated amount of work awarded under task order(s) to any single Contractor will be less than the amount shown.

The Government will not consider any claim for additional compensation unless the Government in writing in advance has authorized it. The Government shall not be responsible for any work performance that is not specifically provided for under this contract or authorized by the Government in writing in advance.

³This estimated cost can be invoiced for attending Housing Pre-Check Out visits. One unit = 1 hour in length.

B. Contract Minimum And Maximum Amounts 1.

Contract Minimum During the contract period, the Government shall place orders for a minimum of € 10,000.00. This is the contract minimum for this period of performance.

2. Contract Maximum During the contract period, the amount of all orders shall not exceed

€ 300,000.00. This is the contract maximum for this period of performance.

2. Grand Total Estimated Contract Amount

Base Year Total
€
Option Year 1 Total
€
Option Year 2 Total
€
Option Year 3 Total
€
Option Year 4 Total
€
Grand Total- Base and All Option Years
€

8. RESERVED

9.

EFFECTIVE ORDERING PERIOD

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. The effective ordering period under this contract starts on date shown in the Notice to Proceed and continues for twelve months.

A. The 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”.

10.

COMPLETION DATES UNDER TASK ORDERS

A. The Contractor shall have a minimum of 14 days in order to commence work under each task order issued.

Painting of each apartment or residence will be completed in maximum five (5) to ten (10) consecutive working days, depending on the size of the apartment/residence. The contractor will further fully respect all work schedules established between the COR and the contractor.

B.

The following are maximum completion times that will be included in individual task orders, dependent upon the type and amount of work to be done:

Painting of a 3 bedroom apartment/residence 5 consecutive working days

Painting of a 4 bedrooms apartment/residence – 7 consecutive working days

Painting of a 5 bedrooms apartment/residence – 9 consecutive working days

Painting of an apartment/residence with more than 5 bedrooms

10 consecutive working days B. The main period of business is from the month of June through the month of October, but the contractor will also be called upon throughout the year to complete projects. The contractor must be able to provide painters throughout the year, including during the summer vacation period.

C. The contractor shall be expected to start and complete or be involved in several projects running concurrently.

11.

ACCEPTANCE OF SCHEDULE

When the Government has accepted any time schedule, this acceptance shall be binding on the Contractor. The completion date is fixed and may be extended only by a written contract modification signed by the Contracting Officer. Acceptance or approval of any schedule or revision by the Government shall not:

(1) extend the completion date or obligate the Government to do so;

(2) constitute acceptance or approval of any delay, or;

(3) excuse or relieve the Contractor of its obligation to maintain the progress of the work and achieve final completion by the established completion date.

12.

WORKING HOURS

The Contractor shall perform all work during office hours, Mondays through Fridays from 0800 to 1700 hours except for the holidays identified in Section I, DOSAR 652.237-82, “Observance of Legal Holidays and Administrative Leave. The Contracting Officer may approve other hours, if the Contractor gives at least 24 hours advance notice. Contractor initiated changes in work hours will not be a cause for a price increase.

13.

TASK ORDERS

A. General. The Government will order all services under this contract on a Delivery/Task Order Form OF 347 (Attachment 1), issued by the Contracting Officer, as the need arises.

B. Content Task orders shall include:

Date of order

Contract number

Task Order number

Location of property

Amount of work (square meters or linear meters)

Required completion date

C. Procedures 1.

Before issuing a task order, the Government may issue a written request for quotation that includes the work to be performed and the required completion date. The Contractor shall respond to that request for quotation in writing within three working days to the following address:

U.S. Embassy

Attn: JAS/GSO/HOUS

Make-ready coordinator

Regentlaan 27

1000 Brussels

Alternatively, the Government may simply issue a firm-fixed price task order, if it has the measurements of the work to be performed.

2.

If requested to submit a firm-fixed price quotation for a task order, the Contractor shall compute a price for the required work by multiplying the unit prices in Section B 1.2 by the amount of work required.

3. Between thirty days and six months prior to a residence being vacated the contractor shall be invited to attend the Housing Pre-Check Out visits. The Housing Pre-Check Out visits generally take place on Thursday mornings.

During these Housing Pre-Check Out visits it will be determined, in consultation with the COR or the GTM (Government Technical Monitor), what exactly should be painted.

4. Important: The costs of additional works performed by the contractor not described in the price quote specific to a residence and not approved in writing by the U.S. Government shall be borne by the contractor.

5. The contractor shall be given a minimum of 2 weeks’ notice prior to a project on-site start date.

14.

SELECTION OF AWARDEE FOR INDIVIDUAL TASK ORDERS

A.

If more than one Contractor receives an award for these services, the following procedures shall govern the issuance of individual task orders. The Contractor shall perform no work without a task order issued by the Contracting Officer.

B.

As the need for services arises, the Government will develop a price estimate.

If the estimate does not exceed US $ 3500, the Government will follow the procedures in paragraph C. below. If the estimate exceeds US $ 3500, the Government will follow the procedures in paragraph D. below.

C. Orders not exceeding US $3500 - The Government will select a Contractor for the task order.

This decision will be based on the Government's best interests, which may include factors such as estimated price; past performance record; need to meet contractual minimums; or desire to avoid exceeding task order limitations set forth in Section I, FAR 52.216-19, "Order Limitations".

D.

Orders exceeding US $ 3500 1.

Unless one of the exceptions in paragraph E. below applies, the Government will make its award selection based on the prices in the contract and past performance information gained as a result of Contractor performance under this contract.

2.

Selection of Contractors shall not be protestable to GAO under Subpart 33.1 of the Federal Acquisition Regulation, except on the grounds that the order increases the scope, period, or maximum value of the contract. The Department of State has an Acquisition Ombudsman who will review complaints by Contractors to ensure that all Contractors are afforded a fair opportunity to be considered for these task orders under the terms of this contract.

E.

Exceptions to the procedures in Paragraph D above:

1.

The order should be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order; or

2.

It is necessary to place an order to satisfy a minimum guarantee.

1. DELIVERABLES

The Contractor shall deliver the following items under this contract:

Description
Quantity
Delivery Date
Deliver to
Insurance
1
10 days after Award
Contracting Officer
Safety Plan
1
10 days after Award
COR
List of Personnel
1
10 days after Award
COR
Construction Schedule
1
identified in each task order
COR
Payment Request/Invoice
1
completion of each task order
COR

16.

INSURANCE

A. Amount of Insurance

The Contractor is required to provide whatever insurance is legally necessary under 52.228-5, "Insurance - Work on a Government Installation.” The Contractor shall, at its own expense, provide and maintain during the entire performance period the following insurance amounts:

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

1. Bodily Injury

Statutory, as required by host country law

2. Property Damage

Statutory, as required by host country law 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.

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

(a) any property of the Contractor,

(b) its officers,

(c) agents,

(d) servants,

(e) employees, or

(f) any other person, arising from and incident to the Contractor's performance of this contract.

The Contractor shall hold harmless and indemnify the Government from any and all claims arising, except in the instance of gross negligence on the part of the Government.

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.

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.

C.

Insurance-Related Disputes

Failure to agree to any adjustment contemplated under this contract regarding insurance shall be a dispute within the meaning of FAR 52.233-1, Alternate I, "Disputes". Nothing in this clause shall excuse the Contractor from proceeding with the work, including the repair and/or replacement as herein above provided.

C. Time for Submission of Evidence of Insurance

The Contractor shall provide evidence of the insurance required under this contract within ten (10) calendar days after contract award. Failure to timely submit this evidence, in a form acceptable to the Contracting Officer, may result in rescinding or termination of the contract by the Government.

17.

LANGUAGE PROFICIENCY

The project manager assigned by the Contractor to superintend the work on-site, as required by 52.236-6, "Superintendence by the Contractor", shall be fluent in written and spoken English.

18.

LAWS AND REGULATIONS

A.

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. Host country authorities may not enter the construction site without the permission of the Contracting Officer. Unless directed by the Contracting Officer, the contractor shall comply with the more stringent of:

(a) the requirements of such laws, regulations and orders; or

(b) the contract.

If a conflict among the contract and such laws, regulations and orders, the Contractor shall promptly advise the Contracting Officer of the conflict and recommend a proposed course of action for resolution by the Contracting Officer.

Labor, Health and Safety Laws and Customs

The Contractor shall comply with all local labor laws, regulations, customs and practices pertaining to labor, safety, and similar matters, to the extent that such compliance is not inconsistent with the requirements of this contract.

C.

Evidence of Compliance

The Contractor shall submit proper documentation and evidence satisfactory to the Contracting Officer of compliance with this clause.

19.

SAFETY – ACCIDENT PREVENTION

A. General. The Contractor shall provide and maintain work environments and procedures that will:

(1) safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to contractor operations and activities;

(2) avoid interruptions of Government operations and delays in project completion dates; and

(3) control costs in the performance of this contract.

For these purposes, the Contractor shall:

(a) Provide appropriate safety barricades, signs and signal lights;

(b) Comply with the standards issued by any local government authority having jurisdiction over occupational health and safety issues; and

(c) Take any additional measures the Contracting Officer determines to be reasonably necessary for this purpose.

B. Records. The Contractor shall maintain an accurate record of exposure data on all accidents incident to work performed under this contract resulting in:

(1) death,

(2) traumatic injury,

(3) occupational disease, or

(4) damage to or theft or loss of property, materials, supplies, or equipment.

The Contractor shall report this data as directed by the Contracting Officer.

C. Subcontracts. The Contractor shall be responsible for its subcontractors’ compliance with this clause.

D. Written Program. Before starting the work, the Contractor shall:

(1) Submit a written proposal for implementing this clause; and

(2) Meet with the Contracting Officer to discuss and develop a mutual understanding of the overall safety program.

E. The Contracting Officer shall notify the Contractor of any non-compliance with these requirements and the corrective actions required. The Contractor shall immediately take corrective action after receiving the notice. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order suspending all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule for any suspension of work issued under this clause.

20.

CONSTRUCTION PERSONNEL

A. Removal of Personnel

The Contractor shall:

(1) employ only properly skilled tradesmen to execute all aspects of the works;

maintain discipline at the site and at all times;

(3) take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by or amongst those employed at the site; and

(4) take all reasonable precautions for the preservation of peace and protection of persons and property in the neighborhood of the project against unlawful, riotous, or disorderly conduct. Portable radios or other portable music devices are only allowed at residential buildings if the volume is low and shall not cause any nuisance to neighboring occupants and residents.

The Contracting Officer may require, in writing, that the Contractor remove from the work any employee that the Contracting Officer determines:

(1) incompetent, careless,

(3) insubordinate or

(4) otherwise objectionable, or

(5) whose continued employment on the project is deemed by the Contracting Officer to be contrary to the Government's interests.

B. Construction Personnel Security

After award of the contract, the Contractor has ten calendar days to submit to the Contracting Officer a list of workers and supervisors assigned to this project for the Government to conduct all necessary security checks. It is anticipated that security checks may take 30 days to perform. For each individual the list shall include:

Full Name

Place and Date of Birth

Current Address

Identification number

Failure to provide any of the above information may be considered grounds for rejections and/or resubmittal of the application. Once the Government has completed the security screening and approved the applicants a badge will be provided to the individual for access to the site when deemed necessary. This badge may be revoked at any time due to the falsification of data, or misconduct on site. These passes must be displayed visibly by all Contractor personnel working on site. The Contractor shall inform its employees to be used under this contract that they may be subject to search by the Government when entering or leaving work. The Contractor shall return all passes upon conclusion of the contract.

The contractor shall also appoint at least two workers or supervisors to acquire US Embassy clearances to enter the Embassy compound in order to pick up and return residential keys.

C. Site Security

(1) When working within residential buildings the contractor shall ensure that all doors remain closed/locked at all times and ensure the properties are left secure at the end of each working day.

(3) Access to the property is limited and only with agreement of the COR.

(4) The contractor is responsible for all site management including all Health & Safety, welfare & first aid facilities, employment/managing/programming of sub-contractors.

(5) Unexpected Circumstances:

Where the Contractor considers that the execution of any order for work will, or is likely to, involve any interference with asbestos-based materials, lead, gas piping or storage containers, pipes conveying steam and any other hazardous substances or installations, he shall immediately stop work and forthwith notify the COR who will give the Contractor further instructions.

21.

MATERIALS AND EQUIPMENT

A. General. The Contractor shall provide all necessary painting supplies and equipment, including brushes, rollers, buckets, mixers, space heaters, drop cloths, scrapers, sanding gear, if necessary to perform the work. No materials will be furnished by the Government.

B. Selection and Approval of Materials

1. Standard of quality. All materials and equipment incorporated into the work shall be new and for the purpose intended, unless otherwise specified, and all workmanship shall be of good quality and performed in a skillful manner as determined by the Contracting Officer.

2.

Selection by Contractor. Where the contract permits the Contractor to select products materials or equipment to be incorporated into the work, or where specific approval is otherwise required by the contract, the Contractor shall give the Contracting Officer, for approval:

(a) the names of the manufacturer;

(b) model number;

(c) source of procurement of each such product, material or equipment; and

(d) other pertinent information concerning the:

(i) nature,

(ii) appearance,

(iii) dimensions,

(iv) performance,

(v) capacity, and

(vi) rating, unless otherwise required by the Contracting Officer.

3. The Contractor shall provide this information in a timely manner to permit the Government to evaluate the information against the requirements of the contract. The Contractor shall provide a submittal register ten (10) days after contract award showing when shop drawings, samples, or submittals shall be made. The Contractor shall submit samples for approval at the Contractor's expense, with all shipping charges prepaid, when directed to do so by the Contracting Officer or COR. Installation or use of any products, materials or equipment without the required approval shall be at the risk of rejection.

C. Custody of Materials

The Contractor shall be responsible for the custody of all materials received for incorporation into the project, including Government furnished materials, upon delivery to the Contractor or to any person for whom it is responsible, including subcontractors. The Contractor shall deliver all such items to the site as soon as practicable. If required by the Contracting Officer, the Contractor shall clearly mark in a manner directed by the Contracting Officer all items of which the Contractor has custody but which have not been delivered or secured at the site, clearly indicating the use of such items for this U.S. Government project.

22.

WARRANTIES

Under FAR 52.212-4, Contract Terms and Conditions-Commercial Items, the Contractor warrants items and services provided. The Contractor shall obtain and furnish to the Government all information that is required in order to make any subcontractors, manufacturers, or supplier's guarantee or warranty legally binding and effective. The Contractor shall submit both information and the guarantee or warranty to the Government in sufficient time to permit the Government to meet any time limit requirements specified in the guarantee or warranty, but not later than completion and acceptance of all work under this contract.

23.

PAYMENT

(a) The Contractor shall submit invoices as instructed by FAR 52.212-4(g). The Government will make payment for all work under an individual task order in a lump sum for all completed and accepted work.

(b) Invoice submission: The Contractor shall submit electronic invoices in English EXCLUDING VAT on a monthly basis to the following email addresses: BruFMCAccountsProc@state.gov To constitute a proper invoice, the invoice shall include all the items required by FAR 32.905(e).

(1) Contractor's name and mailing address (for payments by checks) or Contractor's name and bank account information (for payments by wire transfers).

(2) Invoice date.

(3) Invoice Number.

(4) U.S. Embassy Contract number.

(5) The following additional information:

- Residence/Apartment “key number”;

- The total number of square meters to be painted per contract line item number (see Pricing, Section 1.3).

(6) Prompt payment discount if any.

(7) Name, title, phone number, and address of person to contact regarding invoice problems.

(c) If an invoice does not contain the above information, the Government reserves the right to reject the invoice as improper and return it to the Contractor within 7 calendar days. The Contractor must then submit a proper invoice.

(d) It shall be the COR who will interact with the Contractor on any invoice problems.

(e) Contractor Remittance Address. The Government will make payment to the Contractor’s address stated on the cover page of this contract, unless a separate remittance address is shown below:

BruFMCAccountsProc@state.gov

CONTINUATION TO SF-1449, RFQ NUMBER SBE20017Q0004

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

1.

APPLICABLE PAINTING STANDARDS/PAINT SPECIFICATIONS

Painting and preparatory work shall follow local standards.

The rooms are currently painted with the following paints, however, the government is looking for brand name or equal paint with the following salient characteristics:

1.1. For bathroom, toilet and kitchen walls and ceilings:

White or “Old Stone” High gloss interior wall paint Sigmapearl Clean Satin (3999BE).

• Durable high gloss interior wall paint, based on a solvent-free 100% acrylate dispersion;

• Excellent scrub resistance (class 1, EN13300 after full drying);

• Can also be used as primer and top coat;

• Solvent-free (VOC < 1 g/L.);

• Satin gloss. (approx.25% @ 60° and approx. 40% @ 85° ISO 2813 EN13300);

• Density: approx.1.29 g/cm3;

• Solid substance: approx. 38% by volume;

• Dust-dry after: approx. 1 hour;

• Can be painted over after approx. 6 hours;

• Coverage: 9-11 m²/liter.

1.2. For ceilings in other rooms:

White Super matt latex paint Sigmapearl Plafond Supermatt (3998BE)

• Durable high gloss interior wall paint, based on a solvent-free 100% acrylate dispersion;

• Scrub resistant (class 2, EN13300);

• Water vapor permeable;

• Odorless: spaces ca be taken into use again immediately after painting;

• Solvent and emission free;

• Contains less than 1 g/l VOC;

• Super matt (approx. 1.5% @ 85° and approx. 2% @ 60° ISO 2813 EN13300);

• Density: approx.1.44 g/cm3;

• Solid substance: approx. 33.2% by volume;

• Can be painted over after approx. 4-5 hours;

• Coverage: 7-9 m²/liter

1.3. For walls in other rooms:

White or “Old Stone” matt interior latex wall paint Sigmapearl Clean Matt (4003BE)

• Highly durable matt interior wall paint with hydrophobic and lipophobic characteristics, based on a solvent, softener and emission-free 100% acrylate dispersion.

• Water and grease repellent

• High scrub resistant after thorough drying (class 1, EN13300);

• Can be used both as a primer and finishing layer;

• No annoying odor;

• Solvent and softener free (VOC < 1 g/L.);

• Contains less than 1 g/l VOC;

• Matt (approx. 3% @ 85° and approx. 3% @ 60° ISO 2813 EN13300);

• Density: approx.1.3 g/cm3;

• Solid substance: approx. 43% by volume;

• Can be painted over after approx. 6 hours;

• Coverage: 8-10 m²/liter

1.4. For all woodwork (including doors, windows, trims, base boards, staircases and rails):

White primer Sigma Tigron Aqua Primer – 2028BE for the ground coating

• Waterborne indoor enamel primer based on acrylic polyurethane;

• Suitable for sanding;

• Odorless;

• Applicable to 2°;

• Matt;

• Density: approx.1.34 g/cm3;

• Solid substance: approx. 44% by volume;

• Recommended dry layer thickness: 30 micrometers (per layer);

• Dust-dry after: approx. 1 hour;

• Touch dry after: approx. 3 hours;

• Can be painted over after approx. 4 hours;

• Coverage: 14 m²/liter for a dry layer thickness of 30 micrometers.

1.5. For all woodwork (including doors, windows, trims, base boards, staircases and rails):

Sigma Tigron Aqua satin – 2030BE Top coating – Color: White.

• Satin finished scratch and wear resistant water-borne indoor enamel based on acrylic polyurethane;

• Excellent scratch and wear-resistance;

• Very high resistance to (hand) grease, dirt and household cleaning agents;

• Good elasticity;

• Suitable for sanding;

• Odor-free;

• Can be processed from 2°

• Satin gloss (approx. 30%@ 60°, ISO 2813);

• Density: approx.1.25 g/cm3;

• Solid substance: approx. 36% by volume;

• Recommended dry layer thickness: 30 micrometers (per layer);

• Dust-dry after: approx. 1 hour;

• Touch dry after: approx. 3 hours;

• Can be painted over after approx. 4 hours;

• Coverage: 12 m²/liter for a dry layer thickness of 30 micrometers.

1.6. For radiators: Sigma Tigron Primer (TF-8003) for the ground coating – Color: White

• Solvent-based polyurethane alkyd resin based primer for indoor and outdoor application;

• Easy to sand;

• Can be applied down to 0°C;

• Good weather resistance, one single layer can withstand outdoor conditions up to 1 year;

• Satin gloss;

• Mass density: approx.1.28 g/cm3;

• Solid content: approx. 64.5% by volume;

• Recommended dry film thickness: 40 microns (equals approx. 60µm wet) per coat;

• Flashpoint: 52°C.

• Drying timers by 23° and 50% R.H.

∙ Dust-dry after: approx. 2 hours;

∙ Tack-free after: approx. 3.5 hours;

∙ Recoatable after: approx. 16 hours;

• Drying timers by 5° and 90% R.H.

∙ Dust-dry after: approx. 3 hours;

∙ Tack-free after: approx. 9 hours;

∙ Recoatable after: approx. 24 hours;

• Coverage: 16.1 m²/liter for a dry layer thickness of 40 microns.

1.7. For radiators: Sigma Tigron Satin (TF-8052) Top Coating – Color: White.

• Solvent-based polyurethane alkyd resin based satin finish paint for indoor and outdoor application;

• Scratch and wear resistant;

• To be used on alkyd resin paints;

• Free of aromatic compounds;

• Compliant with EC Directive 2002/72/EC relating to food contact;

• Satin gloss;

• Mass density: approx.1.22 g/cm3;

• Solid content: approx. 65% by volume;

• Recommended dry film thickness: 40 microns (equals approx. 60µm wet) per coat;

• Dust-dry after: approx. 2 hours;

• Tack-free after: approx. 4 hours;

• Recoatable after: approx. 16 hours;

• Flashpoint: 53°C.

• Drying timers by 23° and 50% R.H.

• Coverage: 16.3 m²/liter for a dry layer thickness of 40 microns

1.8. The number of coats to be painted is determined on a case by case basis during the Pre Check-Out Inspections, and confirmed in writing in the contractor’s price quotes. Generally two coats will be requested.

There will be no demarcation line between the old paint and the new paint when the painting has been completed.

The contractor is advised that on occasion there may be a deviation from the above color schedule and the contractor shall be asked to match the color of the existing painted surfaces. This too will be reviewed on a case by case basis and confirmed in the price quote received from the contractor.

All paint finishes and surfaces shall be left with a smooth flat finish and without any sign of debris or alien bodies.

PREPARATION/PROTECTION OF WORK AREA

Painting shall not disturb or damage any fixed property (including light fixtures, floors, carpets, or windows). The Contractor shall move, protect and return such property to its original position upon completion of work in that area.

The Contractor shall first remove or protect furnishings (such as furniture and rugs) by appropriate covering. The Contractor shall protect floors from soiling and paint spills. Wooden floors shall not be washed under any circumstances. To protect floors (of all types) from damage, the Contractor shall use a suitable protective cover. The Contractor shall also equip ladders and scaffolding with clean rubber shoes or similar protection devices.

If the Contractor spills any paint, or in any way soils the floors, the Contractor shall clean up using a specialist floor finishing company at the Contractor's expense. After completion of the painting work, the Contractor shall return all furnishings to their original position, and clean the work area free of litter and debris.

3.

UTILITIES

The Government cannot ensure that utilities will be available at all properties at all times. The Contractor shall have an alternate source of power (generator) available if needed to ensure that paint will be applied following the manufacturer's specifications. The Contractor shall not adjust the heating or air conditioning controls in properties with utilities turned on to maintain temperature. The Contractor shall have its own source of water available for clean up if water has been turned off in the property for winterization of the plumbing system.

4.

SUPPLIES AND EQUIPMENT

The Contractor shall provide all necessary painting supplies (in manufacturer's original, unopened packages) and equipment, including brushes, rollers, buckets, mixers, space heaters, drop cloths, scrapers, sanding gear, electric sprayers, and texture sprayers if necessary to perform the work. The Government will not furnish any materials.

5.

TECHNICAL SPECIFICATIONS FOR PAINTING WORK

1.

Interior Painting Paint surfaces as directed by the task order. Match paint to similar adjacent materials or surfaces.

(a) Paint: This category includes coating systems materials, primers, emulsions, enamels, stains, sealers and fillers, and other applied materials whether used as prime, intermediate or finish coats.

(b) Product Data: The Contractor shall submit manufacturer's technical information, label analysis, and application instructions to the COR for each paint material proposed for use, prior to starting work. The Contractor shall list each material and cross-reference specific coating and finish system and application as an attachment to the above submittal. The Contractor shall identify each material by the manufacturer's catalog number and general classification.

(c) Single Source Responsibility: The Contractor shall provide primers and undercoat paint produced by the same manufacturer as the finish coats.

(d) Material Quality: The Contractor shall provide the manufacturer's best quality trade sale type paint material. Paint material containers not displaying manufacturer's product identification are not acceptable.

(e) Material Delivery: The Contractor shall deliver materials to the job site in manufacturer's original, unopened packages and the containers shall bear the manufacturer's name and label with trade name and manufacturer's instructions.

(f) Material Storage: The Contractor shall store materials not in use in tightly covered containers in a well ventilated area at a minimum ambient temperature of 45 degrees F (7 degrees C). The Contractor shall protect materials from freezing and keep storage area neat and orderly. Contractor shall remove oily rags and waste daily.

(g) Project Conditions: The Contractor shall not apply paint when the relative humidity exceeds 85 percent, or at temperatures less than 5 degrees F (3 degrees C) above the dew point, or to damp or wet surfaces. The Contractor shall apply paint only in temperatures that comply with the manufacturer's specifications.

(h) Preliminary Examination: The Contractor shall examine substrates and conditions under which painting will be performed for compliance with requirements and shall not begin application until unsatisfactory conditions have been corrected.

(i) Preparation:

(i) The Contractor shall remove hardware and hardware accessories, plates, light fixtures, and items in place that are not to be painted, or provide protection such as taping or covering with dust sheets, prior to surface preparation and painting.

(Taping includes windows, door jams, etc.)

Once the works have been completed the contractor will return all furniture and furnishings to their original place and rehang any wall fixtures removed from the walls.

(ii) The Contractor shall clean and prepare surfaces to be painted following the manufacturer's instructions before applying paint or surface treatments. This preparation includes thorough washing, sanding, removal of oil, dust, direct, loose rust, mildew, peeling paint or other contamination to ensure good adhesion. In some cases, the Contractor may be requested to remove all existing coats of paint and sealers if prior paint application is showing signs of improper adhesion, such as peeling, chipping, etc.

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