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WATER TANK INSPECTION
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SFJ60017R0010
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SECTION A

COVER PAGE - SF-1442

OMB APPROVAL NO. 2700-0042

NSN 7540-01-155-3212 1442-101

STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA

FAR (48

CFR) 53.236-1(e)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

SFJ60017R0010

2. TYPE OF SOLICITATION

SEALED BID (IFB)

[x] NEGOTIATED (RFP)

3. DATE ISSUED

September 15 th

PAGE OF

PAGES

IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

US EMBASSY SUVA

158 PRINCES ROAD

SUVA, FIJI

CONTRACTING OFFICER

US EMBASSY SUVA

158 PRINCES ROAD

Suva, Fiji

9. FOR INFORMATION

CALL:

A. NAME

CONTRACTING OFFICER

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

+679 331-4466

SOLICITATION

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

Assessment and cleaning of the concrete water storage tanks.

11. The Contractor shall begin performance within ____ calendar days and complete it within ____ calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See _______________.)

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT

BONDS?

(If “YES,” indicate within how many calendar days after award in Item 12B.)

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and _2_ copies to perform the work required are due at the place specified in Item 8 by 12 noon local time June 12 th 2017. If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _____ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within _____ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated STANDARD

FORM 1442 BACK (REV. 4-85)

SECTION B

-SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCOPE OF SERVICES

The Contractor shall provide personnel, supplies and equipment, as identified in this solicitation and Exhibit I, for all building maintenance services at US Embassy Suva as described in Section C, DESCRIPTION/SPECIFICATIONS/WORK STATEMENT, of this contract and attachments in Section J.

The U.S. Embassy in Suva, Fiji (Embassy) has a requirement for assessment and cleaning of the concrete water storage tanks. The Embassy is seeking Proposals from qualified firms with demonstrated expertise and success in concrete water tank assessment and cleaning/disinfecting as identified in this statement of work. Services to be provided include furnishing all labor, supervision, transportation, tools, equipment, materials, and supplies necessary to complete an inspection, clean and disinfect the tanks, and provide recommendations for specialized repair in accordance with the specifications set forth in this Request for Proposals (RFP).

Objective

The objectives of this project are to perform an assessment of the interior of the

Embassy’s concrete water storage tanks; clean and disinfect the tanks, and develop recommendations for their repair.

Project Description

The Suva Embassy Compound is located at 158 Princes Road, Tamavua, Suva, Fiji. The

Compound was first occupied in 2011. Figure 1 provides a site plan of the Embassy.

The water storage facilities at the embassy consist of three concrete water storage tanks located in the basement of the compound. Two of the tanks are for fire usage and one tank is for potable use. The fire storage tanks have a combined capacity of 188,000 liters

(~50,000 gallons) and are interconnected. The potable water tank has a storage capacity of 12,000 liters (~3200 gallons). The internal walls of all tanks are coated with black

CIM coatings. The access hatch is 600mm x 800 mm in size and is accessible via ladder and work platform. See Figure 2. Figures 3 and 4 contain the plans and detail drawings of the water storage tanks.

The tanks have never been drained and cleaned since the building was occupied in 2011.

There are no known leaks or noticeable deterioration of the interior coating, SCHEDULE OF SERVICES

The schedule of services includes the work required to fulfill the requirements of the contract. All deviation from the criteria contained herein must be approved by the COR before proceeding.

Project Phase 1 –Site Visit

The contractor shall conduct a Site Visit to assess the condition of the concrete water storage tanks, perform cleaning and disinfection of the tanks, and develop recommendations for repair.

Kick-Off Meeting

The representatives from the Contractor’s team shall meet with the Post and

OBO/CFSM/FAC/PS team (via DVC or conference call) to discuss the project and upcoming site visit plans. The contractor shall present a draft schedule for the site visit to the COR at the Kick-Off Meeting.

Overseas Travel: The terms and conditions of the Federal Travel Regulations (FTR) and

Joint Travel Regulation (JTR) shall apply to all travel and travel-related matters authorized under this contract; travel and travel-related expenses shall not exceed the maximum allowable under the FTR and JTR. In connection with authorized travel, the following items may be included in the firm-fixed price of the contract line item in B.4.1, B.5.1, and B.6.1: (i) the cost of domestic and overseas economy-class (coach) air fare; (ii) the cost of hotel or housing accommodations, meals, and other incidentals when travel is undertaken; and (iii) miscellaneous expenses incurred in connection with the travel.

Miscellaneous travel items such as taxi fares and other ground transportation expenses incurred in connection with the travel, and, if applicable, passport/visa fees, passport/visa photographs, travelers check fees, and airport taxes may be included in the firm-fixed price of the contract.

The contractor must prepare a proposed travel plan for a site assessment/cleaning visit to be submitted at the kick-off meeting. The Travel Plan will include the project team names, subcontracted companies and contact information. The contractor must provide specifics of performing the assessment, cleaning and disinfecting the tanks, and collecting the information for the project.

The Contractor will also be required to provide specific information necessary to obtain the Department country visitation clearances for each team member traveling. The information must be submitted to the COR and the OBO/FAC/PS representative in the following format and include a color scan of the traveler’s passport information page:

Name: John Doe

Title/Company: Project Manager – XYZ Inc.

Tel # / e-mail (123) 456-7890 JohnDoe@XYZ.com

POB: Anytown, State, USA (or country)

Passport Type Tourist/Official/Diplomatic

Passport # 1234567890

Passport Country specify

Expires: Jan 01, 1000

Clearance: clearance level or [none]

Travel Data Airline, Flight #, Arrival date and time

B.2 TYPE OF CONTRACT

This is a fixed price type contract for assessment and cleaning of the concrete water storage tanks. 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.

B.3 PRICES/COSTS

B.3.1 Value Added Tax

VALUE ADDED TAX (VAT). The Government will not reimburse the Contractor for

VAT under this contract. The Contractor shall not include a line for VAT on Invoices as the U.S. Embassy has a tax exemption certificate with the host government.

B.3.2 All prices shall be submitted in USD.

Fixed Price for assessment & cleaning of concrete water storage tanks

Travel Expenses $

GRAND TOTAL $

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1. INTRODUCTION

C.1.1 General. The US Embassy Suva has a requirement for assessment and cleaning of the concrete water storage tanks. The Contractor shall furnish managerial, administrative and direct operational personnel to accomplish all work as required in this contract. The Contractor shall designate an English speaking representative who shall supervise the Contractor's workforce and be the Contractor's liaison with the U.S.

The designated person shall be located on-site in an office designated by the Contracting

Officer during normal Embassy working hours and shall have supervision as his/her sole function during the times s/he is on duty. The Contractor's employees shall be on-site only for contractual duties and not for any other business or purposes. Specific services are described in detail below.

C.1.2 Personnel. The Contractor shall be responsible for providing qualified technicians with relevant experience of more than 3 years to meet the minimum requirements established below to perform services. Helper positions do not need to meet this 3 year minimum requirement.

The Contractor qualifications shall include:

A. Installation must be performed by a business contractor with skilled mechanics having not less than three years satisfactory experience in the assessment, cleaning and disinfection concrete water storage tanks.

B. All of the contractor’s jobsite personnel must be trained in the hazards associated with confined space entry. All personnel entering a manhole must be certified for confined space entry.

C. The Contractor shall provide the services of a qualified manufacturer’s representative who shall provide information and suggestions on the proper use and application of the products or systems and the surface preparation requirements.

D. A written statement from bonding company listing total and available bonding capacity.

E. Permanent name and address of place of business, number of employees and length of time in business under present name.

F. Names of members of firm that hold appropriate trade licenses, with license numbers / certificates.

G. The contractor shall be licensed as a General Contractor in the United States and provide the COR and OBO/FAC/CFSM/PS representative with proof of a general contractor’s license for “the construction of any building, highway, public utilities, grading or any improvement or structure where the cost of the undertaking is thirty thousand dollars ($30,000) or more.”

H. Water and wastewater references within the last 3 years including contact name, address, phone and email, project name, contract amount, and completion date, plus other relevant information.

I. Statement regarding % of work to be completed in-house (with list of owned equipment) and list of all sub-contractors. No more than 20% will be subcontracted.

J. Contractor’s superintendent shall have been responsible for or managed projects similar in size to this proposed project in the past 3 years in the US.

Contractor shall provide references and documentation about the proposed superintendent’s ability and qualifications to meet this requirement.

K. Affidavit stating whether or not any OSHA violations have occurred within past 3 years.

L. Copy of safety program and signed documentation of training by employees in areas that are known safety hazards within the scope of this project

M. Proficiency in English

C.1.3 Definitions.

"Chancery" means the building of the embassy used for official activities or means the official residence of the ambassador.

“CMMS” is a computer maintenance management system such as PASS/RPA (real estate management system), PMCI or QUIBIC.

"CMP" is a comprehensive maintenance plan

"Daily" means 5 days per week, on each non-holiday workday.

"DCMR" means the official residence of the Deputy Chief of Mission.

"Emergency Services" are task orders which require immediate attention. May involve working other than normal work day or hour as defined in F.8. Contractor required to respond to call within 8 hours and take action to minimize emergency situation.

"EOB" means Embassy Office Building.

"Execution Plan" is submitted by the Contractor and defines the methods and disciplines used to carry out the maintenance plan as provided in Exhibit A.

"General Instructions" mean those instructions, directives and guidelines that apply to all employee maintenance personnel.

"HVAC" means Heating Ventilating Air Conditioning.

“Make Readies” should be negotiated as unscheduled work orders.

"NOB" means New Office Building

"PM" means Preventive Maintenance

C.1.3.1 Design Criteria & Guidelines

The Contractor must develop a recommended project approach in accordance with the standards and guidelines outlined below.

• International Building Code (IBC) including OBO Supplements (OBO IBC - ICS)

– latest edition available on ProjNet.

• DOS, Bureau of Diplomatic Security, Classification Guide for Design and

Construction Projects Overseas, May 2003.

• Bureau of Diplomatic Security list of certified products

• The Contractor must coordinate their activities with the local building authorities and employ all local standards and codes that apply to this project as necessary.

• Any code issues arising from the review of codes and standards must be brought to the attention of OBO as soon as possible.

Without limiting the generality of other requirements of these specifications, all work hereunder shall conform to the applicable requirements of the referenced portions of the following documents, to the extent that the requirements therein are not in conflict with the provisions of this Section. All references and standards listed shall be the latest revisions. Joint and individual documents are referenced.

A. SSPC – The Society for Protective Coatings

40 24th Street, 6th Floor

Pittsburgh, PA 15222-4643

(412) 281-2331

B. NACE – National Association of Corrosion Engineers

P.O. Box 218340

Houston, TX 77218-8340

(281) 492-0535

1. SSPC-SP 12/NACE No.5, High Pressure Water Cleaning (HP WC) WJ-2

C. ASTM – American Society for Testing and Materials

100 Barr Harbor Drive

West Conshohocken, PA 19428-2959

(610) 832-9585

1. ASTM E-337: Test Method for Measuring Humidity with a Psychrometer

2. ASTM D 4414 “Standard Practice for Measurement of Wet Film Thickness by

Notch Gages”

3. ASTM Committee D01.23: Test Method for Nondestructive Measurement of Dry

Film Thickness of Applied Organic Coatings Using an Ultrasonic Gauge

Photography

Photos shall be identified and keyed on the site plans as required to clearly indicate the location. Digital format (jpeg) is required with minimum resolution of 5 mega pixels. All photography at post must be cleared by DoS prior to collecting the image and before removing the images from post.

C.1.5 Duties and Responsibilities.

The Contractor shall provide construction personnel, equipment, materials, tools and supervision as needed to complete the services that meet the technical requirements in this Statement of Work [SOW]. It is expected that the Contractor shall collaborate closely with Embassy personnel and OBO/FAC/CFSM/PS representatives.

The contractor shall be responsible for all general construction, rigging and electrical requirements associated with the project. Furthermore, the contractor will be required to initiate and follow a critical path schedule, which will permit the completion of the project within the required timeframe as described in this SOW.

The contractor will be required to staff the project with competent and qualified management personnel. The general contractor will be required to submit a list of all subcontractors, if needed, which will be used on the project with the submission of their proposal.

C.2 SUPERINTENDENCE BY CONTRACTOR:

The entire operation of the contracted services shall be superintended by the Contractor's

English liaison, who shall maintain a close contact with the Contracting Officer and the

COR in order to coordinate the performance of the contracted services with the needs of the Government.

The liaison, (or his/her qualified assistant), shall be on duty throughout the normal operating hours of the Embassy. S/he shall also superintend the performance of the contracted services on Saturdays, Sundays, and holidays.

C.3 QUALITY ASSURANCE

The Contractor shall institute an appropriate inspection system including checklists of duties to be carried out, ensuring these duties are carried out by the supervisory staff and senior employees, and carrying out weekly inspections to determine whether the various services are being performed according to the contract requirements. Copies of the weekly inspection reports shall be provided to the COR.

Any shortcomings and/or substandard conditions noted in such inspections shall be promptly corrected and improved; any conditions beyond the responsibility of the

Contractor shall be brought to the attention of the Contracting Officer or COR, for disposition.

C.3.1 Inspection by Government: The services being performed hereunder and the supplies furnished therefor will be inspected from time to time by the COR, or his/her authorized representatives, to determine that all work is being performed in a satisfactory manner, and that all supplies are of acceptable quality and standards.

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

C.3.2. Authorization to Visit Site

C.3.2.1 The Contractor is responsible for obtaining proper passports, visas, emergency medical evacuation insurance, Defense Base Act insurance and immunizations.

C.3.2.2 A “Notice to Proceed” cannot be issued for a site visit until the Contracting

Officer has received verification / proof that the Contractor is covered by Defense Base

Act (DBA) insurance for each site visit. No authorization to travel will be given if this information is not provided.

C.3.2.3 The following describes the minimum clearance requirements that must be met for BAS work performed at Post as part of this contract.

(a) Contractor personnel performing Contract requirements in General Work Areas

(GWA) and Public Access Areas (PAA) do not require a clearance. Information for Un-cleared personnel must be submitted to the Post Resident Security Officer (RSO) for screening and approval prior to being granted access to Post.

(b) Contractor personnel performing Contract requirements in CAA Restricted spaces shall be U.S. Citizens and have a minimum security clearance at the TOP SECRET level, verified by DS, to allow for unescorted access. (Required by 12 FAH-6 H-631.5-2) An

Interim TOP SECRET clearance will not be accepted for CAA Restricted unescorted access.

(c) Contractor personnel performing Contract requirements in CAA Core spaces shall be U.S. Citizens and have a minimum security clearance at the TOP SECRET level, verified by DS, to allow for limited escorted access. (Required by 12 FAH-6 H-631.5-2)

An Interim TOP SECRET clearance will not be accepted for CAA Core access.

(d) Clearances shall be certified to DS/IS/IND via Visit Authorization Requests in accordance with Contract Section H.10.2.

C.3.2.4 The Contractor shall submit a Country Clearance Request (CCR) to the COR at least fifteen (15) business days prior to the Contractor’s departure for Post. Submission of the CCR information will result in official electronic Country Clearance (eCC) to Post and official certification of Contractor personnel security clearance levels to the Regional

Security Office (RSO) of the Post to be visited. Subsequent changes in personnel or schedules will not be permitted unless specifically authorized by the COR. The

Contractor shall not depart to Post without a Diplomatic Security (DS) verified Country

Clearance.

C.3.2.5 A copy of the final negotiated Contract, including the Scope of Work, Labor

Categories with clearances for all personnel working on the Contract identified, Estimated Start and Completion Dates, Cost, Procurement Method, Shipping Method, and Designated Storage Area at Post shall be provided to the COR a minimum of ten (10) business days prior to the start of work.

Submittal Requirements and Closeout Documentation

Insurance: Submit insurance documentation of with a minimum requirement of

$1,000,000.00 Commercial Vehicle combined liability, $1,000,000.00 general liability insurance, and $1,000,000.00 workers compensation.

Hard Copy: Provide 2 draft hard copies and 2 final hard copies of all submittals.

Double-sided printing is required to minimize the size of the report.

Electronic Copy: Closeout documentation must be provided to the COR and

OBO/CFSM/FAC/PS representative on CD-ROM(s) consisting of two separate deliverables: a Contract Copy and a Working copy.

The Contract Copy must serve as the record copy of each deliverable and must be in a

Portable Document Format (PDF) for all written documentation and for all drawing documentation. The PDF documents must be indexed and fully searchable. The PDF documents must be printable and reflect the delivered hardcopy.

The Working Copy must consist of the working files used as the basis of creation of the hardcopy final deliverable. The Working copy files must be delivered in the their native format

SCHEDULE

The Contractor shall commence work under this contract promptly, execute the work diligently, and achieve final completion and acceptance including final cleanup of the premises and return of the water storage tanks to service within the period specified.

Milestone Timeframe

Award of Contract & Notice to Proceed TBD

Site Visit – Assessment and Cleaning/Disinfection Within 30 days of NTP

SECTION D

PACKAGING AND MARKING

D. MATERIALS DELIVERED TO THE SITE SHALL BE MARKED AS FOLLOWS:

D.1 MATERIALS SHIPPING ADDRESS

(a) All unclassified reports, data and documentation shall be prepared for shipping in accordance with the best commercial practices.

(b) Classified reports, data, and documentation shall be prepared for shipment in accordance with the National an Industrial Security Program Operating Manual

(DOD 5220.22-M)

(c) Materials delivered to the site shall be marked as follows: The delivery address shall be provided to the Contractor as part of the completed contract.

D.2 Packages/Mail sent to the Overseas Building Operations (OBO) Facilities Group:

Senior Mechanical Engineer - BAS Specialist (703-516-1987)

U.S. DEPARTMENT OF STATE

OBO/CSFM/FAC/PS

1701 NORTH FORT MYER DRIVE

SA-6, ROOM 2012.24

ARLINGTON, VA 22209

ALTERNATE POINT OF CONTACT:

(703-812-2223)

D.2.3 Alternatively, GSA Schedule 48, Commercial Delivery Carriers, may be used in accordance with NISPOM 5-403-e, and ISL 2006-02, para 18. Currently, the carriers on that list include:

(a) DHL (Astar Air Cargo) - Same Day Service

(b) FedEx – Same Day Service, First Overnight, Priority Overnight or Standard

Overnight

(c) Airnet Systems – Mission Critical or Same Day Service

(d) United Parcel Service – UPS Next Day Air Early, Next Day Air, or Next Day Air

Saver

(e) UPS Supply Chain

D.2.4 Unclassified Packages/Mail sent via U.S. Mail, Registered or Certified Mail;

Courier Service and U.S. Postal Service Overnight Express shall be addressed as follows.

NOTE: Classified information cannot be sent via these methods.

D.2.4.1 Packages/Mail sent to Post:

US Embassy Suva

4290 Suva Pl

Washington DC, 20521

D.2.4.2 Packages/Mail sent to the Overseas Building Operations (OBO) Facilities

Group: (Address must be capitalized on Package and Intended OBO recipient’s name should appear only on inner envelope)

Senior Mechanical Engineer - BAS Specialist

U.S. DEPARTMENT OF STATE

OBO/CSFM/FAC/PS

SA-6, ROOM 1202.24

WASHINGTON, DC 20522-0612

D.3 PACKAGING REQUIREMENTS FOR MAIL AND COURIER SHIPMENT OF

DOCUMENTS AND DRAWINGS

D.3.1 Separate packaging of electronic media and hardcopy material

The prime Contractor and any associated subcontractors will package all drawings and electronic media (classified, SBU and unclassified) in separate mailing packages, specifically, electronic media will be transported in electronic media packages that contain no other drawings or hard copies of any kind, beyond that of transfer/receipt documentation. Hardcopy (paper) drawing and documents will be packaged separately.

D.3.2 Wrapping and addressing of packages: For all shipping methods, the prime contractor and any associated subcontractors will ensure that all project documentation, regardless of classification and to include SBU, is double wrapped with both layers addressed properly and labeled with the sender’s address. No indication that the contents are SBU or classified should appear on the outer wrapper. Document tracking receipts should be packaged inside the inner wrapping with the materials the receipt describes.

D.3.3 Packaging heavy materials in appropriate containers: In applying the above double wrapping and addressing procedures, items sent via US mail or commercial carrier weighing more than one (1) pound shall have the inner package enclosed within an appropriately sized double-walled box or, for rolled drawings, a manufactured mailing tube.

D.4 U.S. GOVERNMENT RIGHTS

D.4.1 The U.S. Government reserves the right, in its sole discretion, to determine whether products have been compromised, and therefore cannot be used in CAAs and adjacent areas. Where such compromises results from Contractor's failure to comply with security procedures, the Contractor shall bear entire cost associated with rectification of comprise and restoration of required security provisions.

Reference:

[End of Section]

SECTION E

INSPECTION AND ACCEPTANCE

E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates the following 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 this address: http://www.acquisition.gov/far/ 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, Excite) to obtain the latest location of the most current FAR.

FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)

CLAUSE TITLE AND DATE

52.246-4 INSPECTION OF SERVICES – FIXED PRICE (AUG 1996)

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

E.2 QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

This plan is designed to provide an effective surveillance method to promote effective

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 conduct quality assurance to ensure that contract standards are achieved.

Performance Objective

PWS

Paragraph Performance Threshold

Services

Performs all maintenance services set forth in the Performance Work Statement (PWS)

C.1 thru C.4

All required services are performed and no more than one

(1) customer complaint is received per month http://www.acquisition.gov/far/ http://farsite.hill.af.mil/vffara.htm http://www.statebuy.state.gov/

E.2.1 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.

E.2.2 Standard. The performance standard is that the Government receives no more than one (1) customer complaint per month. The COR shall notify the Contracting

Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.246-4, Inspection of Services – Fixed Price (AUG

1996)), if any of the services exceed the standard.

E.2.3 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 F

DELIVERIES OR PERFORMANCE

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

website at http://www.statebuy.state.gov/ to see the links to the FAR. You may also use

FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)

52.242-15 STOP-WORK ORDER (AUG 1989)

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

52.242-14 SUSPENSION OF WORK (APR 1984)

F.2 PERIOD OF PERFORMANCE

The contract shall be effective on the date of the Contracting Officer's signature, and shall remain in effect until 90 days.

http://www.acquisition.gov/far/

F.3 DELIVERABLES

The following items shall be delivered under this contract:

Description Quantity Delivery Date

Deliver

To

Execution Plan 1 30 days after award COR

Quality Assurance Plan 1 10 days after award COR

Inspection Report 1

7 days after end of weekly period COR

Building Maintenance Report 1 5th day of each month COR

Bios on Personnel 1 10 days after award COR

Bonds 1 30 days after award CO

Insurance/Licenses & Permits 1

30 days after Notice of

Award CO

Waste Disposal Report 1 Last day of each month COR

Travel Plan for Site Visit 1 30 days after award COR

Site Assessment and

Recommendations Report 1 30 days after award COR

Quality Control Schedule [QCS] 1 30 days after award COR

Project Safety Plan [PSP] 1 30 days after award COR

F.4 NOTICE OF DELAY

In the event the Contractor receives a notice of any change in the work, or if any other conditions arise which are likely to cause or are actually causing delays which the

Contractor believes may result in completion of the project after the completion date, the

Contractor shall notify the Contracting Officer of the effect, if any, of such change or other conditions upon the approved schedule, and shall state in what respects, if any, the relevant schedule or the completion date should be revised. Such notice shall be given promptly, and not more than ten (10) days following the first occurrence of event giving rise to the delay or prospective delay. Revisions to the approved time schedule shall only be made with the approval of the Contracting Officer.

F.5 NOTICE TO PROCEED

(a) Following receipt from the Contractor of any bonds or evidence of insurance within the time specified in Section H of this contract, and following acceptance of these documents by the Contracting Officer, the Contracting Officer will provide to the

Contractor a Notice to Proceed. The Contractor must then prosecute the work required hereunder.

(b) It is possible that the Contracting Officer may elect to issue the Notice to

Proceed prior to receipt and acceptance of any bonds or evidence of insurance required hereunder. Issuance of a Notice to Proceed by the Government before receipt of the required bonds or insurance certificates or policies shall not be a waiver of the requirement to furnish these documents.

F.6 WORKING HOURS

All work shall be performed during 8am-5pm Mondays to Thursdays and 8am-

3pm on Sundays, except for the holidays identified below. Other hours, initiated by the

Contractor, 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. Changes in work hours will not be cause for a price increase.

F.7 EXCUSABLE DELAYS

The Contractor will be allowed time, not money, for excusable delays as defined in FAR 52.249-10, Default. Examples of such cases include (l) acts of God or of the public enemy, (2) acts of the United States Government in either its sovereign or contractual capacity, (3) acts of the government of the host country in its sovereign capacity, (4) acts of another contractor in the performance of a contract with the

Government, (5)fires, (6) floods, (7) epidemics, (8) quarantine restrictions, (9) strikes, (l0) freight embargoes, (11) delays in delivery of Government furnished equipment and

(12) unusually severe weather. In each instance, the failure to perform must be beyond the control and without the fault or negligence of the Contractor, and the failure to perform furthermore (1) must be one that the Contractor could not have reasonably anticipated and taken adequate measures to protect against, (2) cannot be overcome by reasonable efforts to reschedule the work, and (3) directly and materially affects the date of final completion of the project.

F.8 POST AWARD CONFERENCE

A post award conference will be held 10 days after contract award at US Embassy

Suva, 158 Princes Road, or via conference call to discuss the schedule, submittals, notice to proceed, mobilization and other important issues that affect the progress under this contract.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 652.242-70 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 Building Engineer.

G.1.1 Duties

The COR is responsible for inspection and acceptance of services. These duties include review of Contractor invoices, including the supporting documentation required by the contract. The COR may provide technical advice, substantive guidance, inspections, invoice approval, and other purposes as deemed necessary under the contract.

G.2 PAYMENT

G.2.1 General. The Contractor's attention is directed to Section I, 52.232-1, "Payments", and 52.232-5, "Payments Under Fixed-Price Construction Contracts". The following subsections elaborate upon the information contained therein. All invoices should contain copies of the signed work orders completed that month and status information on those not completed. Completed work orders shall bear the signature of the Contractor’s quality control personnel. Work orders shall consist of all preventive maintenance orders as well as unscheduled and emergency orders issued since the submittal of the last invoice.

Invoices shall be submitted in an original and three (3) copies to the Contracting' Officer's

Representative (COR) at the following address (designated payment office only for the purpose of submitting invoices):

Email invoices to: SUVAFMO@state.gov

G.2.2 Detail of Payment Requests

Each application for payment, which shall be made no more frequently than monthly, unless otherwise provided herein, shall cover the fixed price preventive maintenance fee and the value of labor and materials completed and in place for individual delivery orders.

mailto:SUVAFMO@state.gov

In addition, the Contractor shall provide the following support for each request for payment for additional, seasonal, and emergency services:

-Time sheets to support the number of hours worked for each work order and signed by the Contractor’s approving official that work has been completed.

G.2.3 Payments to Subcontractors

The Contractor shall make timely payment from the proceeds of the progress or final payment for which request is being made, to his subcontractors and suppliers in accordance with the Contractor's contractual arrangements with them.

G.2.4 Evaluation by the Contracting Officer

Following receipt of the Contractor's request for payment, and on the basis of an inspection of the work, the Contracting Officer shall make a determination as to the amount which, in his/her opinion, is then due. In the event the Contracting Officer does not approve payment of the full amount applied for, less the retainage addressed in

52.232-5, the Contracting Officer shall advise the Contractor of the reasons therefore.

G.2.5 Additional Withholding

Independently of monies retained by the Government under 52.232-5, or otherwise as permitted to be retained under this contract, the Government may withhold from payments due the Contractor any amounts as may be considered necessary to cover

(a) Wages or other amounts due the Contractor's employees on this project;

(b) Wages or other amounts due employees of subcontractors on this project;

(c) Amounts due suppliers of materials or equipment for this project; and

(d) Any other amounts for which the Contractor may be held liable under this contract, including but not limited to the actual or prospective costs of correction of defective work and prospective liquidated damage when the

Contractor has failed to make adequate progress.

G.2.6 Payment

In accordance with FAR 52.232-27(a) the 14 day period identified in FAR 52.232-

27(a)(1)(i)(A) is hereby changed to 30 days.

G.3 VALUE ADDED TAX

VALUE ADDED TAX (VAT). The Government will not reimburse the Contractor for

VAT under this contract. The Contractor shall not include a line for VAT on Invoices as the U.S. Embassy has a tax exemption certificate with the host government.

G.3.1 Recordkeeping Requirements

The Contractor and the COR shall both maintain a complete and accurate management file. The file shall contain as a minimum, the following items:

The Government's copies of all task orders issued under this contract, and all inspection reports completed by the COR (OF-127). These forms will be supplied to advise the Contractor of service requests and to document the performance of all work, including emergency work.

Contractor's Service Report forms, documenting arrival and departure time of the Contractor's representative performing the service, and all information on parts installed for unscheduled and emergency services only.

Documentation of any complaints from Post personnel or unusual incidents which may have taken place during the visit to the site.

The Contractor shall maintain all contact with the US Government through the Embassy

Contracting Officer’s Representative (COR) and OBO/FAC/PS Manager:

U.S. Embassy Suva COR

Facilities Manager

U.S. Embassy Suva, Fiji

4290 Suva Place

Washington, DC 20521

Tel: +679 331-4466 Ext. 8010

Email: BrazielED@state.gov

OBO/FAC/PS Manager

(Courier/hand deliveries of FedEx/DHL/UPS (use of USPS is not recommended):

Stephen Siebert (703) 875-5058 or

Beth Alexander (703) 516-1975

SA-6, Suite # 1202-A

U.S. Department of State

1701 North Fort Myer Drive

Arlington, Virginia 22209 mailto:BrazielED@state.gov

G.4.0. ORGANIZATIONAL CONFLICTS OF INTEREST

Neither the Contractor nor any of its employees, affiliates, or related entities may perform on any water tank repairs which are not firm fixed priced optional contract line items under by this contract. The Contractor, its employees, affiliates, or related entities may not provide consulting or subcontract services related to any repairs to Embassy water tanks outside of this contract.

The Contractor shall include this clause in all subcontracts, purchase orders, and consulting agreements for service.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 ORDERING OFFICIAL

In accordance with FAR 52.216-18 ORDERING (OCT 1995), the designated ordering individual for this contract is the Contracting Officer.

H.3 BOND REQUIREMENTS

H.3.1 Bonds Required

The Contractor shall furnish (1) a performance and guaranty bond and a payment bond on forms provided by and from sureties acceptable to the Government, each in the amount of 20% of the contract price, or (2) comparable alternate performance security approved by the Government.

H.3.2 Time for Submission

The Contractor shall provide the bonds required above within thirty (30) calendar days of contract award. Failure to timely submit (1) the required bonds other security acceptable to the Government; (2) bonds from an acceptable surety; or (3) bonds in the required amount, may result in rescinding or termination of the contract by the

Government.

H.3.3 Coverage

The bonds or alternate performance security shall guarantee the Contractor's execution and completion of the work within the contract time and the correction of any defects after completion as required by this contract, the payment of all wages and other amounts payable by the Contractor under its subcontracts or for labor and materials, and the satisfaction or removal of any liens or encumbrances placed on the work.

H.4 CERTIFICATE OF INSURANCE

The Contractor shall furnish to the Contracting Officer a current certificate of insurance as evidence of the insurance required. In addition, the Contractor shall furnish evidence of a commitment by the insurance carrier to notify the Contracting Officer in writing of any material change, expiration or cancellation of any of the insurance policies required not less than thirty (30) days before such change, expiration or cancellation is effective.

When coverage is provided by self-insurer, the Contractor shall not change or decrease the coverage without the Contracting Officer's approval. If the Contractor intends to use any subcontractors under this contract, the Contractor must ensure that the subcontractor carries the types and amounts of insurance as identified below.

The Contractor's attention is directed to Section I, 52.228-5, "Insurance - Work on a

Government Installation". As required by this clause, the Contractor is required to provide whatever insurance is legally necessary. The Contractor, shall, at its own expense, provide and maintain during the entire performance period the following insurance amounts:

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

1. Bodily Injury, On or Off the Site, in US Dollars

Per Occurrence $1,000,000

Cumulative $1,000,000

2. Property Damage, On or Off the Site, in US Dollars

Per Occurrence $1,000,000

Cumulative $1,000,000

The foregoing 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 any property of the Contractor, its officers, agents, servants, and employees, or 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 therefrom, 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.

H.4.1 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.

H.4.2 Insurance-Related Disputes

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

H.4.3 Time for Submission of Evidence of Insurance

The Contractor shall provide evidence of the insurance required under this contract within thirty (30) 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.

H.5 GOVERNING LAW

The contract and the interpretation thereof shall be governed by the laws of the

United States.

H.6 LANGUAGE PROFICIENCY

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

H.7 LAWS AND REGULATIONS

H.7.1 Compliance Required

The Contractor shall, without additional expense to the Government, be responsible for complying with all laws, codes, ordinances, and regulations applicable to the performance of the work, including those of the host country, and with the lawful orders of any governmental authority having jurisdiction. Host country authorities may not enter the facilities without the permission of the Contracting Officer. Unless otherwise directed by the Contracting Officer, the Contractor shall comply with the more stringent of the requirements of such laws, regulations and orders and of the contract. In the event of a conflict among the contract and such laws, regulations and orders, the

Contractor shall promptly advise the Contracting Officer of the conflict and of the

Contractor's proposed course of action for resolution by the Contracting Officer.

The Contractor shall provide on a monthly basis an environmental waste report which describes any occurrence of and disposal of hazardous waste encountered during performance of this contract and any resulting delivery orders issued herein.

H.7.2 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.

H.7.3 Subcontractors

The Contractor shall give written assurance to the Contracting Officer that all subcontractors and others performing work on or for the project have obtained all requisite licenses and permits.

H.7.4 Evidence of Compliance

Proper documentation and evidence satisfactory to the Contracting Officer of compliance with this clause shall be submitted by the Contractor at such times as directed by the Contracting Officer.

H.8 RESPONSIBILITY OF CONTRACTOR

H.8.1 Damage to Persons or Property

The Contractor shall be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence, and shall take proper safety and health precautions to protect the work,…

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