Solicitation_PaintingServices_CMR DCR.pdf
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- Attached to
- Exterior Painting Service to heritage properties
- Solicitation number
- SEI30016Q0024
- Issued by
-
Department of State US Embassy Dublin
About this file
To Prospective Quoters Subject Request for Quotations (RFQ) SEI30016Q0024 The Embassy of the United States in Dublin Ireland is currently seeking quotations from suitably qualified vendor for external painting services to two (2) residences per specifications attached. This is a public tender which is also posted on our website here https //ie.usembassy.gov/contract-solicitations/ A public site visit is scheduled for Thursday August 4 at both locations 9.00AM US Ambassadors Residence Deerfield .
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TABLE OF CONTENTS
Section 1 - The Schedule
SF 18 or SF 1449 cover sheet
Continuation To SF-1449, RFQ Number SEI30016Q0024 Prices, Block 23
Continuation To SF-1449, RFQ Number SEI30016Q0024 Schedule Of
Supplies/Services, Block 20 Description/Specifications/Work Statement
Attachment 1 to Description/Specifications/Statement of Work, Government Furnished
Property
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 - THE SCHEDULE
CONTINUATION TO SF-1449
RFQ NUMBER SEI30016Q0024
PRICES, BLOCK 23
1. SCOPE OF SERVICES
Painting and decorating services. The contractor shall provide services as identified in this solicitation for US Embassy, Dublin, Ireland.
Services required at locations to U.S. Embassy Owned Residences
Chief of Mission Residence (CMR) Deerfield, Phoenix Park, Dublin 8
Deputy Chief of Mission Residence (DCR) 7 Mespil Road, Ballsbridge, Dublin 4
The Embassy may separate the two properties works and award to separate specialist painting contractors if we consider it best meets the requirements of the US Government.
This is a fixed price type contract for Painting and decorating services. The fixed price will include all work, including furnishing all labor, materials, equipment and services, overhead (including cost of Workers’ Compensation and War-Hazard Insurance, which shall not be a direct reimbursement) and profit, unless otherwise specified.
2. CONTRACT PRICE
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. All prices are in local currency and the Government will make payment in local currency.
Line Item Description Unit Price
001 Labor / Services – Exterior Painting to
Chief of Mission Residence, Deerfield, Phoenix
Park, Dublin 8
002 Labor / Services - Exterior Painting to
Deputy Chief of Mission Residence, 7 Mespil Road, Ballsbridge Dublin 4
003 VAT (Specify Rate)
All
004 Other / Misc. (Specify)
005 Warranties if any
Please include additional line items as needed
Grand Total €
C. VALUE ADDED TAX
VERSION A
VALUE ADDED TAX. Value Added Tax (VAT) is not included in the CLIN rates.
Instead, it will be priced as a separate Line Item in the contract and on Invoices. Local law dictates the portion of the contract price that is subject to VAT; this percentage is multiplied only against that portion. It is reflected for each performance period. The portions of the solicitation subject to VAT are:
3. 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.
A. The effective ordering period under this contract starts on date shown in the Notice to
Proceed and continues for twelve months.
B. 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”.
4. WORKING HOURS
The Contractor shall perform all work in accordance with local regulatory standards and during normal working hours (8.00am - 5.00pm Monday thru Friday) 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.
CONTINUATION TO SF-1449, RFQ NUMBER SEI30016Q0024
SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
OVERVIEW
The United States Embassy Dublin (EMBASSY) has a requirement to prepare, repair and repaint the exterior walls, trim, soffit, and fascia of the Chief of Mission Residence (CMR) located in
Phoenix Park, Dublin 8 and the Deputy Chief of Mission Residence (DCR) located at 7 Mespil
Road, Ballsbridge , Dublin 4 . To this end, the Embassy requires quotations for a contractor to complete the proposed work.
INTENT
Requirements in this SOW serve as direction to the Contractor for the exterior painting (prime coat plus two finish coats) of both the Chief of Mission Residence (Deerfield, Phoenix Park), and the Deputy Chief of Mission Residence (7 Mespil Road). The Contractor shall perform all services in accordance with international professional standards of skill, care and diligence adhered to by reputable, first class firms experienced with painting of historic facilities and shall conform to generally accepted preservation practices.
PROJECT DESCRIPTION
The Embassy intends to repaint the exterior of the Chief of Mission Residence (CMR) located in
Phoenix Park, Dublin 8 and the Deputy Chief of Mission Residence (DCR). The requirements below are the basis for this work. The Contractor shall be familiar with conservation work and use only high quality, first class materials and fittings appropriate for the work. The Contractor shall furnish all labor, materials, equipment and supplies necessary to prepare and paint the CMR and DCR. Bidders will be responsible for providing a minimum of five (5) references of past work done on similar structures to include pictures of that work. Bidders will be required to provide a one (1) year warranty for the work performed based on local industry standard.
It is of the upmost importance that any contractor bidding for this contract attends to both sites and breaks out their bid for the separate properties as the EMBASSY may proceed with the painting of either or both properties.
SCOPE OF WORK
Note: This is an official building of the US Embassy; accordingly, the materials and fittings used should be of a standard appropriate for a building of this standing.
Preparatory work includes:
Inspect and make any necessary repairs to Roman cement render, wood or other substrate materials.
All cracks should be prepared and sealed with a suitable high-quality product, appropriate for the material being repaired (render, brickwork, blockwork, stone, or timber).
Remove all surface contamination by washing with an appropriate cleaner, rinse thoroughly and allow complete drying.
o Remove dirt, splinters, loose particles, grease, oil disintegrated coatings and other substances deleterious to coating performance o Follow manufacturer’s recommendations for surface preparation if primers or immediate coats are allowed to dry longer than recommended by manufacturer
Aluminum and Galvanized Steel: Wash to remove any oil, grease, or other surface contamination. All corrosion must be removed with sandpaper, steel wool, or other abrading method. Bare steel must be primed the same day as cleaned.
o Prepare oxidized areas in accordance with manufacturer’s recommendations.
Mildew: Remove before painting by washing with a solution of 1 part liquid bleach and 3 parts water.
Scrape and sand peeled or checked paint to a sound surface. Sand glossy surfaces dull.
Caulk window frames, cracks and seams (use paintable, non-shrinking materials).
o Remove existing caulking where necessary.
Repair all cracks and holes, fill all nail and screw holes with appropriate filler material.
o Repair cracks, voids, and other holes with an elastomeric patch or sealant. All patched areas must be primed.
o Include cracks in wood trim, along wall/trim interface, doors & window frames.
o Apply knot sealer to seal knots and pitch streaks on wood.
o Seal stains from water, smoke, ink, grease, etc. with the appropriate primer/sealer.
Protect all areas not to be painted.
Prime sanded areas.
Note
At the CMR Residence only – No sections of the recently installed new timber sash windows at the rear of the Residence to be painted. These will be identified on the site visit.
Prime and paint two full finish coats. (Note – any proposal to apply less than two coats of paint over the prime coat must be supported by manufacturers specifications and recommendations attesting to the suitability of proposed product to provide a suitably opaque and durable coating as to remain visually equivalent to two finish coats and to resist flaking for up to 5 years).
Painting must not take place where the surface are moist or greasy or may become so before application of the first coat of paint (primer).
Painting must not take place when the surface temperature is less than 3ºC above surrounding air’s dew point, when the air relative humidity is higher than 85% and when the temperature is below 5 ºC
Provide finished surfaces free from runs, drops, ridges, waves, laps, brush marks, and variations in color.
Use brushes or rollers for the applications to exterior walls and other surfaces.
o Thinning of paints shall be in accordance with manufacturer recommendations.
o Apply paints, primers, enamels, undercoats and other coating to a dry film thickness as recommended by the manufacturer.
o Do not allow primers or immediate coats to dry longer than recommended by the manufacturer, before applying subsequent coat.
o Or: follow manufacturer’s recommendations for surface preparation if primers or immediate coats are allowed to dry longer than recommended by manufacturer.
Avoid contamination of other surfaces
Allow sufficient time between coats (between primer & finish coat) to permit thorough drying and assure each coat is in proper condition to receive the next coat.
o Each coat shall cover the surface of the preceding coat or surface completely.
o Re-touch damaged painting before applying succeeding coat of paint.
Work painting materials into all joints, crevices, and open spaces.
Full containers of any leftover paint shall be labeled and left at job site.
Site clean-up
Contractor must maintain a clean and safe work environment.
No on site cleaning area will be provided to clean brushes and other sundries
Contractor will clean all areas for debris generated during work on a daily basis.
Contractor will clean surfaces where any spilt paint or over paint has occurred.
Contractor will properly dispose of all waste in accordance with national and local laws and regulations.
SPECIFICATIONS:
The areas shall be painted in a “high quality” Dulux, Crown, Johnstones, Sherwin Williams, Glidden, Dunn Edwards, Benjamin Moore, Behr or other brand approved in writing by the
Contracting Officer for each particular application. The color shall be determined by the
Embassy with a Premium Matt finish to match the existing paint.
Submittals will be required after award, to include:
Manufacturer’s instructions for paint application
Manufacturers’ material & safety data sheets for paint, solvents, & other hazardous materials
Sample of product.
Delivered materials shall be sealed and labeled, bearing manufacturer’s name, brand, designation, batch number, and color code. Any paint being delivered to site in either unmarked or unsealed containers shall NOT be accepted for use.
1. All work is to comply with the local building regulations.
2. The contractor will rectify any damage to all areas on completion of the works.
3. The contractor shall supply all materials and labor in order to complete the works.
4. All waste material is to be taken from sites and properly disposed of by the contractor at the end of each work day.
5. Sites are to remain tidy at all times and cleaned up on completion of works.
6. All work to be carried out in a professional workmanship like manner.
7. All documentation regarding warranties, guarantees and instructional literature are to be handed to the Contracting Officer’s Representative (COR).
8. All care must be taken to protect the walls and ground within the properties. Drop clothes
/boards are to be used at ALL times. Ensure that any drop cloths /boards do not present a slipping or tripping hazard.
9. Any variations are to be priced and approved in writing by the Contracting Officer before proceeding with the work.
10. All measurements are to be confirmed solely by the contractor on site. The US government accepts no responsibility for errors in quantity or measurement on the contractor’s behalf.
11. If any hot works such as grinding, paint burning etc. needs to be carried out the contractor must first secure a signed Hot Works Permit from the Facility Management office.
12. A full Safety statement must submitted to the Facility Management/POSHO office prior to commencement of the project.
13. All Employers must comply with the Safety, Health & Welfare at Work Act 2005, the Safety, Health &Welfare at Work (General Application Regulations 2007 SHWW {General
Application} Regulation 2007) apply, specifically Part 4 Work at Height.
13. All Safe –Pass and MEWP (Mobile Elevating Work Platform) cards must be submitted for inspection by the Facility Management office prior to the commencing of project.
14. A Risk Assessment must be carried out and a Method statement must be provided and approved by the Facility Manager at the Embassy prior to commencement.
15. Any erection of scaffold will be tagged and certified
GENERAL CONDITIONS
Cleanup of sites must be completed at the end of each day.
Work hours will be scheduled with the Contracting Officer’s Representative (COR) and are typically within the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday.
No work will be permitted on weekends (unless agreed upon and approved in writing in advance by the Contracting Officer), U.S. federal or local holidays. The staging areas will be negotiated during preconstruction meeting.
Confine all operations to work limits of the project. Contractor is responsible to restore any damaged area caused by contractor operations at no additional expense to the
Embassy.
The contractor shall provide a full warranty against all labor, materials and workmanship for a minimum of 24 months from final acceptance for the finished works and shall cover any and all repair work related to the painting portion of this project. It shall at a minimum address bubbling, delamination, peeling, flaking and fading and specify the maximum response time for any potential future warranty call.
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.
Performance Objective Scope of Work Para Performance Threshold
Services.
Performs all painting services set forth in the scope of work.
All required services are performed and no more than one (1) customer complaint is received during this project.
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.
2 STANDARD. The performance standard is that the Government receives no more than one
(1) customer complaint during this project. 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 (May
2001), if any of the services exceed the standard.
3 PROCEDURES.
(a) If any Government personnel observe unacceptable services, either incomplete work or required services not being performed they should immediately contact the COR.
(b) The COR will complete appropriate documentation to record the complaint.
(c) 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.
(d) 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.
(e) The COR shall, as a minimum, orally notify the Contractor of any valid complaints.
(f) 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.
(g) The COR will consider complaints as resolved unless notified otherwise by the complainant.
(h) 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.
SECTION 2 - CONTRACT CLAUSES
FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS (MAY
2015) is incorporated by reference. (See SF-1449, block 27a).
52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or
Executive Orders -- Commercial Items. (Jun 2016)
(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 items:
(1) 52.209-10, Prohibition on Contracting with Inverted Domestic
Corporations (Nov 2015)
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)
(Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).
(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 items:
[Contracting Officer check as appropriate.]
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept
2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct
2015) (41 U.S.C. 3509).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5)
(Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).
✓ (4) 52.204-10, Reporting Executive compensation and First-Tier
Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub.
L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-
Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).
✓ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015)
(31 U.S.C. 6101 note).
___ (9) 52.209-9, Updates of Publicly Available Information Regarding
Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
___ (10) [Reserved]
___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award
(Nov 2011) (15 U.S.C. 657a).
___ (ii) Alternate I (Nov 2011) of 52.219-3.
___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone
Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
___ (ii) Alternate I (Jan 2011) of 52.219-4.
___ (13) [Reserved]
___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15
U.S.C. 644).
___ (ii) Alternate I (Nov 2011).
___ (iii) Alternate II (Nov 2011).
___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)
(15 U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15
U.S.C. 637(d)(2) and (3)).
___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15
U.S.C. 637 (d)(4)).
___ (ii) Alternate I (Oct 2001) of 52.219-9.
___ (iii) Alternate II (Oct 2001) of 52.219-9.
___ (iv) Alternate III (Oct 2015) of 52.219-9.
___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C.
644(r)).
___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C.
637(a)(14)).
___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15
U.S.C. 637(d)(4)(F)(i)).
___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small
Business Set-Aside (Nov 2011) (15 U.S.C. 657f).
___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul
2013) (15 U.S.C. 632(a)(2)).
___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec
2015) (15 U.S.C. 637(m)).
___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned
Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
✓ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies
(Feb 2016) (E.O. 13126).
___ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
___ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.
4212).
___ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul
2014) (29 U.S.C. 793).
___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.
4212).
___ (32) 52.222-40, Notification of Employee Rights Under the National
Labor Relations Act (Dec 2010) (E.O. 13496).
✓ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22
U.S.C. chapter 78 and E.O. 13627).
___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O.
13627).
___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O.
12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in
22.1803.)
___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming
Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).
___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration
Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging
Equipment (Jun 2014) (E.O.s 13423 and 13514
___ (ii) Alternate I (Oct 2015) of 52.223-13.
___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun
2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-14.
___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec
2007) (42 U.S.C. 8259b).
___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal
Computer Products (Oct 2015) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
✓_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).
___ (43) 25.223-20, Aerosols (Jun 2016) (E.O. 13693).
___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).
___ (45) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter
83).
___ (46) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade
Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-
78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).
___ (ii) Alternate I (May 2014) of 52.225-3.
___ (iii) Alternate II (May 2014) of 52.225-3.
___ (iv) Alternate III (May 2014) of 52.225-3.
___ (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19
U.S.C. 3301 note).
✓ (48) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008)
(E.O.’s, proclamations, and statutes administered by the Office of Foreign
Assets Control of the Department of the Treasury).
___ (49) 52.225-26, Contractors Performing Private Security Functions
Outside the United States (Jul 2013) (Section 862, as amended, of the National
Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
___ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov
2007) (42 U.S.C. 5150).
✓ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or
Emergency Area (Nov 2007) (42 U.S.C. 5150).
___ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items
(Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).
___ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995)
(41 U.S.C. 4505, 10 U.S.C. 2307(f)).
✓ (54) 52.232-33, Payment by Electronic Funds Transfer— System for
Award Management (Jul 2013) (31 U.S.C. 3332).
___ (55) 52.232-34, Payment by Electronic Funds Transfer—Other Than
System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
___ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C.
552a).
___ (58) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial
Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
___ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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 items:
[Contracting Officer check as appropriate.]
___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.
13495)
___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C.
chapter 67.).
___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May
2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor
Standards -- Price Adjustment (Multiple Year and Option Contracts) (May
2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).
___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor
Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
___ (6) 52.222-51, Exemption from Application of the Service Contract Labor
Standards to Contracts for Maintenance, Calibration, or Repair of Certain
Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).
___ (7) 52.222-53, Exemption from Application of the Service Contract Labor
Standards to Contracts for Certain Services--Requirements (May 2014) (41
U.S.C. chapter 67).
___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec
2015) (E.O. 13658).
___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit
Organizations. (May 2014) (42 U.S.C. 1792).
___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31
U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct
2015) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15
U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include
52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014)
(E.O. 13495). Flow down required in accordance with paragraph (1) of
FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.
4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul
2014) (29 U.S.C. 793).
(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38
U.S.C. 4212).
(ix) 52.222-40, Notification of Employee Rights Under the National
Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(x) 52.222-41, Service Contract Labor Standards (May 2014), (41
U.S.C. chapter 67).
(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015)
(22 U.S.C. chapter 78 and E.O. 13627).
___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter
78 E.O. 13627).
(xii) 52.222-51, Exemption from Application of the Service Contract
Labor Standards to Contracts for Maintenance, Calibration, or Repair of
Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xiii) 52.222-53, Exemption from Application of the Service Contract
Labor Standards to Contracts for Certain Services--Requirements (May
2014) (41 U.S.C. chapter 67)
(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O.
12989).
(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec
2015).
(xvi) 52.225-26, Contractors Performing Private Security Functions
Outside the United States (Jul 2013) (Section 862, as amended, of the
National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.
2302 Note).
(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit
Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag
Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10
U.S.C. 2631). Flow down required in accordance with paragraph (d) of
FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
ADDENDUM TO CONTRACT CLAUSES
FAR AND DOSAR CLAUSES NOT PRESCRIBED IN PART 12
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at:
http://acquisition.gov/far/index.html or, http://farsite.hill.af.mil/vffara.htm.
These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Department of State Acquisition website at http://www.statebuy.state.gov to see the links to the FAR. You may also use an Internet “search engine” (for example, Google, Yahoo or Excite) to obtain the latest location of the most current
FAR.
The following Federal Acquisition Regulation clauses are incorporated by reference:
CLAUSE TITLE AND DATE
52.204-12 DATA UNIVERSAL NUMBERING SYSTEM NUMBER MAINTENANCE
(DEC 2012)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)
52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION
OF CONTRACT (FEB 2000)
52.228-4 WORKERS’ COMPENSATION AND WAR-HAZARD INSURANCE
OVERSEAS (APR 1984)
52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)
52.229-6 FOREIGN FIXED PRICE CONTRACTS (FEB 2013)
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)
52.236-2 DIFFERING SITE CONDITIONS (APR 1984)
52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK
(APR 1984)
52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)
http://acquisition.gov/far/index.html http://farsite.hill.af.mil/vffara.htm http://www.statebuy.gov/home.htm
52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)
52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)
52.236-8 OTHER CONTRACTS (APR 1984)
52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,
UTILITIES, AND IMPROVEMENTS (APR 1984)
52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)
52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)
52.236-12 CLEANING UP (APR 1984)
52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)
The following FAR clauses are provided in full text:
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within the performance period of the contract or within 30 days after funds for the option year become available, whichever is later.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed [Note to Contracting Officer: insert months or years].
52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR. (APR 1984)
Funds are not presently available for performance under this contract beyond September
30 of the current calendar year. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30 of the current calendar year, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting
Officer.
The following DOSAR clauses are provided in full text:
652.204-70 DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARD
ISSUANCE (MAY 2011)
(a) The Contractor shall comply with the Department of State (DOS) Personal Identification
Card Issuance Procedures for all employees performing under this contract who require frequent and continuing access to DOS facilities, or information systems. The Contractor shall insert this clause in all subcontracts when the subcontractor’s employees will require frequent and continuing access to DOS facilities, or information systems.
(b) The DOS Personal Identification Card Issuance Procedures may be accessed at http://www.state.gov/m/ds/rls/rpt/c21664.htm .
(End of clause)
CONTRACTOR IDENTIFICATION (JULY 2008)
Contract performance may require contractor personnel to attend meetings with government personnel and the public, work within government offices, and/or utilize government email.
Contractor personnel must take the following actions to identify themselves as non-federal employees:
1) Use an email signature block that shows name, the office being supported and company affiliation (e.g. “John Smith, Office of Human Resources, ACME Corporation Support
Contractor”);
2) Clearly identify themselves and their contractor affiliation in meetings;
3) Identify their contractor affiliation in Departmental e-mail and phone listings whenever contractor personnel are included in those listings; and
4) Contractor personnel may not utilize Department of State logos or indicia on business cards.
(End of clause)
652.232-70 PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED-PRICE)
(AUG 1999)
http://www.state.gov/m/ds/rls/rpt/c21664.htm
(a) General. The Government shall pay the contractor as full compensation for all work required, performed, and accepted under this contract the firm fixed-price stated in this contract.
(b) Invoice Submission. The contractor shall submit original invoices to the office identified in
Block 18b of the SF-1449. To constitute a proper invoice, the invoice shall include all the items required by FAR 32.905(e).
(c) 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:
652.237-72 OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE
(APR 2004)
All work shall be performed during normal working hours between 0800 – 1700, Monday thru
Friday except for the holidays identified below. Other hours may be approved by the Contracting
Officer's Representative. Notice must be given 24 hours in advance to COR who will consider any deviation from the hours identified above.
a) The Department of State observes the following days as holidays:
New Year's Day
Martin Luther King's Birthday
Washington’s Birthday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving Day
Christmas Day
Any other day designated by Federal law, Executive Order or Presidential Proclamation.
(b) When any such day falls on a Saturday or Sunday, the following Monday is observed.
Observance of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract.
652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)
(a) The Contracting Officer may designate in writing one or more Government employees, by name or position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer’s Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation.
(b) The COR for this contract is the Embassy Facility Supervisor, Mr. Martin Nolan
652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)
(a) The contractor warrants the following:
(1) That is has obtained authorization to operate and do business in the country or countries in which this contract will be performed;
(2) That is has obtained all necessary licenses and permits required to perform this contract;
and,
(3) That it shall comply fully with all laws, decrees, labor standards, and regulations of said country or countries during the performance of this contract.
(b) If the party actually performing the work will be a subcontractor or joint venture partner, then such subcontractor or joint venture partner agrees to the requirements of paragraph (a) of this clause.
SECTION 3 - SOLICITATION PROVISIONS
FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (OCT 2015) is incorporated by reference. (See SF-1449, block 27a).
ADDENDUM TO 52.212-1
A. Summary of instructions. Each offer must consist of the following:
1. A completed solicitation, in which the SF-1449 cover page (blocks 12, 17, 19-24, and 30 as appropriate), and Section 1 has been filled out.
2. Information demonstrating the offeror’s/quoter’s ability to perform, including:
(a) Name of a Project Manager (or other liaison to the Embassy/Consulate) who understands written and spoken English;
(b) Evidence that the offeror/quoter operates an established business with a permanent address and telephone listing;
3. List of clients over the past three years, demonstrating prior experience with relevant past performance information and references (provide dates of contracts, places of performance, value of contracts, contact names, telephone and fax numbers and email addresses). If the offeror has not performed comparable services in Ireland then the offeror shall provide its international experience. Offerors are advised that the past performance information requested above may be discussed with the client’s contact person. In addition, the client’s contact person may be asked to comment on the offeror’s:
Quality of services provided under the contract;
Compliance with contract terms and conditions;
Effectiveness of management;
Willingness to cooperate with and assist the customer in routine matters, and when confronted by unexpected difficulties; and
Business integrity / business conduct.
The Government will use past performance information primarily to assess an offeror’s capability to meet the solicitation performance requirements, including the relevance and successful performance of the offeror’s work experience. The Government may also use this data to evaluate the credibility of the offeror’s proposal. In addition, the Contracting Officer may use past performance information in making a determination of responsibility.
4. Evidence that the offeror/quoter can provide the necessary personnel, equipment, and financial resources needed to perform the work;
5. The offeror shall address its plan to obtain all licenses and permits required by local law
(see DOSAR 652.242-73 in Section 2). If offeror already possesses the locally required licenses and permits, a copy shall be provided
6. The offeror’s strategic plan for Exterior Painting Services to include but not limited to:
(a) A work plan taking into account all work elements in Section 1, Performance
Work Statement.
(b) Identify types and quantities of equipment, supplies and materials required for performance of services under this contract. Identify if the offeror already possesses the listed items and their condition for suitability and if not already possessed or inadequate for use how and when the items will be obtained;
(c) Plan of ensuring quality of services including but not limited to contract administration and oversight; and
(d) (1) If insurance is required by the solicitation, a copy of the Certificate of
Insurance(s), or (2) a statement that the contractor will get the required insurance, and the name of the insurance provider to be used.
ADDENDUM TO SOLICITATION PROVISIONS
FAR AND DOSAR PROVISIONS NOT PRESCRIBED IN PART 12
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE
(FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at:
http://acquisition.gov/far/index.html/ or http://farsite.hill.af.mil/search.htm
These addresses are subject to change. IF the FAR is not available at the locations indicated above, use of an Internet “search engine” (e.g., Yahoo, Excite, Alta Vista) is suggested to obtain the latest location of the most current FAR provisions.
The following Federal Acquisition Regulation solicitation provisions are incorporated by reference:
PROVISION TITLE AND DATE
52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING
(NOV 2014)
52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)
52.237-1 SITE VISIT (APR 1984)
The site visit will be held on Thursday. August 4, 2016 at 9.00am at US Ambassador’s
Residence, Deerfield Phoenix Park, Dublin 8 and at 10.00am at Deputy Chief of Mission
Residence, 7 Mespil Road, Dublin 8 . Prospective offerors/quoters should contact Mr. Emmet
Downey, DowneyEJ@state.gov for additional information or to arrange entry to the building.
mailto:DowneyEJ@state.gov
The following DOSAR provision is provided in full text:
652.206-70 COMPETITION ADVOCATE/OMBUDSMAN (AUG 1999) (DEVIATION)
(a) The Department of State’s Competition Advocate is responsible for assisting industry in removing restrictive requirements from Department of State solicitations and removing barriers to full and open competition and use of commercial items. If such a solicitation is considered competitively restrictive or does not appear properly conducive to competition and commercial practices, potential offerors are encouraged to first contact the contracting office for the respective solicitation.
If concerns remain unresolved, contact the Department of State Competition Advocate on
(703) 516-1696, by fax at (703) 875-6155, or by writing to:
Competition Advocate
U.S. Department of State
A/OPE
SA-15, Room 1060
Washington, DC 20522-1510.
(b) The Department of State’s Acquisition Ombudsman has been appointed to hear concerns from potential offerors and contractors during the pre-award and post-award phases of this acquisition. The role of the ombudsman is not to diminish the authority of the contracting officer, the Technical Evaluation Panel or Source Evaluation Board, or the selection official.
The purpose of the ombudsman is to facilitate the communication of concerns, issues, disagreements, and recommendations of interested parties to the appropriate Government personnel, and work to resolve them. When requested and appropriate, the ombudsman will maintain strict confidentiality as to the source of the concern. The ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of formal contract disputes. Interested parties are invited to contact the contracting activity ombudsman, [insert name], at [insert telephone and fax numbers]. For a U.S. Embassy or overseas post, refer to the numbers below for the Department Acquisition Ombudsman.
Concerns, issues, disagreements, and recommendations which cannot be resolved at a contracting activity level may be referred to the Department of State Acquisition Ombudsman at (703) 516-1696, by fax at (703) 875-6155, or by writing to:
Acquisition Ombudsman
U.S. Department of State
A/OPE
SA-15, Room 1060
Washington, DC 20522-1510.
SECTION 4 - EVALUATION FACTORS
Award will be made to the lowest priced, acceptable, responsible quoter. The quoter shall submit a completed solicitation, including Sections 1 and 5.
The Government reserves the right to reject proposals that are unreasonably low or high in price.
The lowest price will be determined by multiplying the offered prices times the estimated quantities in “Prices - Continuation of SF-1449, block 23”, and arriving at a grand total, including all options, if any.
The Government will determine quoter acceptability will be determined by assessing the quoter's compliance with the terms of the RFQ.
The Government will determine quoter responsibility by analyzing whether the apparent successful quoter complies with the requirements of FAR 9.1, including:
adequate financial resources or the ability to obtain them;
ability to comply with the required performance period, taking into consideration all existing commercial and governmental business commitments;
satisfactory record of integrity and business ethics;
necessary organization, experience, and skills or the ability to obtain them;
necessary equipment and facilities or the ability to obtain them; and otherwise qualified and eligible to receive an award under applicable laws and regulations.
ADDENDUM TO EVALUATION FACTORS
FAR AND DOSAR PROVISION(S) NOT PRESCRIBED IN PART 12
The following FAR provisions are provided in full text:
52.217-5 EVALUATION OF OPTIONS (JUL 1990)
The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the
Government to exercise the option(s).
SECTION 5 - REPRESENTATIONS AND CERTIFICATIONS
52.212-3 -- Offeror Representations and Certifications -- Commercial Items.
(Apr 2016)
The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.
(a) Definitions. As used in this provision--
“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned…
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