Elevator_Maintenance_Solicitation_(Nov_13).doc

December 1, 2014 U.S. Embassy Acquisitions Office

Via Sallustiana, 49

00187 Rome, Italy

Dear Prospective Quoter:

SUBJECT:

Solicitation Number S-IT700-15-Q-0005 - Routine Elevator Maintenance

Attached is a Request for Quotations (RFQ) for routine elevator and chair/platform lifts maintenance services for the U.S. Tri-Mission in Rome, Italy. If you would like to submit a quotation, follow the instructions in Section 3 of the solicitation, complete the required portions of the attached document, and submit it to the address show on the Standard Form 1449 that follows this letter.

The Embassy intends to conduct a pre-quotation conference and site visit at the U.S. Embassy in Rome (Via Sallustiana, 49) at 10:00 AM on December 11. All prospective offerors are urged to attend. Offerors must confirm conference attendance with their company name and the full names of participants via email to RomeGSO-AcquisitionsDL@state.gov by 12:00 Noon on December 9.

Your quotation must be submitted in a sealed envelope marked "Quotation Enclosed – Routine Elevator Maintenance" to David K. Wessel, Contracting Officer; U.S. Embassy; Via Sallustiana, 49; 00187 Rome, Italy on or before 12:00 Noon on December 30 . No quotations will be accepted after this time.

In order for a quotation to be considered, you must also complete and submit the following:

1. SF-1449

2. Section 1 pricing;

3. Section 5, Representations and Certifications;

4. Additional information as required in Section 3.

Direct any preliminary questions regarding this solicitation to David Wessel at wesseldk@state.gov no later than 12:00 Noon on December 9.

Sincerely, David K. Wessel

Contracting Officer

TABLE OF CONTENTS

Section 1 - The Schedule

· SF 1449 cover sheet

· Continuation To SF-1449, RFQ Number S-IT700-15-Q-0005, Prices, Block 23

· Continuation To SF-1449, RFQ Number S-IT700-15-Q-0005, Schedule Of Supplies/Services, Block 20 Description/Specifications/Work Statement

· Attachment 1 -List of Elevators/Lifts to be Maintained

· Attachment 2 – Frequency and Tasks Description

· Attachment 3 – 15 FAM 660

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/Addendum to SF-1449

RFQ Number S-IT700-15-Q-0005 – Routine Elevator Maintenance

PRICES, BLOCK 23

1.0

DESCRIPTION

The U.S. Embassy/Consulate in Rome, Italy requires by the Contractor a full service elevator maintenance for all the elevators and chair/platform lifts (from now called ”lifts”) identified in Attachment 1 – List of Elevators/Lifts to be Maintained. Elevators and lifts shall be maintained in safe, reliable and efficient operating condition. The contract type is a firm fixed price contract for routine maintenance services paid at the monthly/unit rate below These rates include all costs associated with providing elevator and lift maintenance services in accordance with manufacturer’s warranty including materials, labor, insurance (see FAR 52.228-4 and 52.228-5), overhead, profit and VAT (if applicable).

An indefinite delivery/indefinite quantity type contract section for Additional services is included as well.

Additional services to be paid quarterly at the fixed hourly rates identified below upon performance of services as required by means of task orders issued by the Contracting Officer, if any. The fixed hourly rates shall include wages, overhead, general and administrative expenses, and profit. The contract will be for a one-year period, with four one-year optional periods of performance.

2.0

PRICING

All Prices are quoted in EURO.

2.1

VALUE ADDED TAX

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

2.2 Base Year - The Contractor shall provide the services shown below for the base period of the contract, starting on the date stated in the Notice to Proceed and continuing for a period of 12 months. The fixed unit prices, estimated quantities, and ceiling for each category are as follows 2.2.1 Standard Services

a) Elevators Maintenance

Non residential Systems

Residential Systems

b) Elevators Load Test

LOAD TEST

c) Lifts Maintenance

2.2.2 Additional Services – These prices apply to both elevators and lifts maintenance additional services.

During this contract period, the Government shall place orders for Additional Services totaling a minimum of Euro 1,000.00. This reflects the contract minimum for this period of performance. The amount of all orders is estimated not to exceed Euro 5,000.00. This reflects the contract maximum for this period of performance.

Elevator Technician during

Regular Duty Hours (08:30-17:30, Monday-Friday) x 48

Elevator Technician during

Overtime Hours (17:30-08:30, Monday-Friday) x 24

Elevator Technician during

Holiday & Weekend Hours (17:30 Friday-08:30 Monday) x 12

Total for estimated additional maintenance services

Base Year Total for both Scheduled Maintenance { a) + b) + c)} and Additional Maintenance Services (in Euro):

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

4.2.1 Standard Services

Non residential Systems

Residential Systems

LOAD TEST

2.3.2 Additional Services – These prices apply to both elevators and lifts maintenance additional services

During this contract period, the Government shall place orders for Additional Services totaling a minimum of Euro 1,000.00. This reflects the contract minimum for this period of performance. The amount of all orders is estimated not to exceed Euro 5,000.00. This reflects the contract maximum for this period of performance.

Elevator Technician during x 48

Elevator Technician during x 24

Elevator Technician during x 12

Total for estimated additional maintenance services

Option Year 1 Total for both Scheduled Maintenance { a) + b) + c)} and Additional Maintenance Services (in Euro):

2.4 Option Year 2 - The Contractor shall provide the services shown below for Option

Year 2, starting two years after the date stated in the Notice to Proceed and continuing for a period of 12 months. The fixed unit prices, estimated quantities, and ceiling for each category are as follows

2.4.1 Standard Services

Non residential Systems

Residential Systems

LOAD TEST

2.4.2

During this contract period, the Government shall place orders for Additional Services totaling a minimum of Euro 1,000.00. This reflects the contract minimum for this period of performance. The amount of all orders is estimated not to exceed Euro 5,000.00. This reflects the contract maximum for this period of performance.

Elevator Technician during x 48

Elevator Technician during x 24

Elevator Technician during x 12

Total for estimated additional maintenance services

Option Year 2 Total for both Scheduled Maintenance { a) + b) + c)} and Additional Maintenance Services (in Euro):

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

2.5.1 Standard Services

Non residential Systems

Residential Systems

LOAD TEST

2.5.2

During this contract period, the Government shall place orders for Additional Services totaling a minimum of Euro 1,000.00. This reflects the contract minimum for this period of performance. The amount of all orders is estimated not to exceed Euro 5,000.00. This reflects the contract maximum for this period of performance.

Elevator Technician during x 48

Elevator Technician during x 24

Elevator Technician during x 12

Total for estimated additional maintenance services

Option Year 3 Total for both Scheduled Maintenance { a) + b) + c)} and Additional Maintenance Services (in Euro):

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

4.2.2 Standard Services

Non residential Systems

Residential Systems

LOAD TEST

2.6.2

During this contract period, the Government shall place orders for Additional Services totaling a minimum of Euro 1,000.00. This reflects the contract minimum for this period of performance. The amount of all orders is estimated not to exceed Euro 5,000.00. This reflects the contract maximum for this period of performance.

Elevator Technician during x 48

Elevator Technician during x 24

Elevator Technician during x 12

Total for estimated additional maintenance services

Option Year 4 Total for both Scheduled Maintenance { a) + b) + c)} and Additional Maintenance Services (in Euro):

2.7

GRAND TOTAL CONTRACT PRICE SUMMARY

Summary of Pricing Proposals quoted above:

Base Year Total

Option Year 1 Total

Option Year 2 Total

Option Year 3 Total

Option Year 4 Total

Grand Total of Base Year plus All Option Years

3.0

NOTICE TO PROCEED

After contract award and submission of acceptable insurance certificates and copies of all applicable licenses and permits, the Contracting Officer will 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.

Continuation/Addendum to SF-1449

RFQ Number S-IT700-15-Q-0005

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

DESCRIPTION/SPECIFICATION/WORK STATEMENT

1.0

SCOPE OF WORK

The U.S. Embassy/Consulate in Rome, Italy requires by the Contractor a full service elevator maintenance for all the elevators and lifts identified in Attachment 1 – List of Elevators to be Maintained. Elevators and lifts shall be maintained in safe, reliable and efficient operating condition. The Contractor shall provide all necessary managerial, administrative and direct labor personnel, and as well as all necessary transportation, equipment, tools, repair parts, supplies and materials required to perform inspection, maintenance, repair, safety testing, and component replacement as required to maintain the elevators in accordance with the manufacturer's specifications. Under this contract the Contractor shall provide:

Standard Services including:

· the services of a certified trained elevator mechanic on a regularly scheduled basis to check and repair equipment operation and perform scheduled and preventive maintenance;

· 07:00 a.m. to 23:00 p.m., Monday to Saturday emergency response service

· appropriate, same day, service in response to a malfunction trouble;

· after-hours emergency minor adjustment callback service; and

· Full-Load Test service – only for elevators - to be provided by loading the elevator with appropriate weights to the elevator nominal load capacity – 6 tests per year but the last option year, when only 3 tests will be performed – exact dates to be agreed upon between the contractor and the COR at least 20 days in advance.

Additional Services which will consist in performance of additional work requirements within the scope of this contract but not covered by Standard Services, i.e. vandalism repairs, requests of operational hours changes to satisfy Embassy needs, etc.

2.0

HOURS OF PERFORMANCE

The Contractor shall schedule all routine maintenance and repair work during normal working hours which are defined as 8:30 to 17:30, Monday to Friday, excluding local holidays, unless approved in advance by the Contracting Officer's Representative (COR).

3.0

ACCESS TO GOVERNMENT BUILDINGS AND STANDARDS OF CONDUCT

3.1 General. The Contractor shall designate a representative who shall supervise the Contractor's elevator mechanics and be the Contractor's liaison with the U.S. Embassy/Consulate. The Contractor's employees shall be on-site only for contractual duties and not for any other business or purposes. Contractor employees shall have access to the elevators' hoistways, lobbies and machine rooms, either with or without security escorts, only with specific permission by either the Contracting Officer or the COR.

3.2 Personnel Security. The Government reserves the right to deny access to U.S. Government-owned/operated facilities to any individual. The Contractor shall provide the names, biographic data - and, when/if requested, police clearance - on all Contractor personnel who shall be used on this contract prior to their utilization. The Government shall issue identity cards to approved Contractor personnel, each of whom shall display his/her card(s) on the uniform at all times while on Government property or while on duty at private residences serviced under this contract. These identity cards are the property of the Government. The Contractor shall return all identity cards when the contract is completed, when a Contractor’s employee leaves this contract, or at the request of the Government.

3.3 Standards of Conduct

3.3.1 General. The Contractor shall maintain satisfactory standards of employee competency, conduct, cleanliness, appearance and integrity and shall be responsible for taking such disciplinary action with respect to employees as may be necessary. Each Contractor employee shall adhere to standards of conduct that reflect credit on themselves, their employer, and the United States Government. The Government reserves the right to direct the Contractor to remove an employee from the worksite for failure to comply with the standards of conduct. The Contractor shall immediately replace such an employee to maintain continuity of services at no additional cost to the Government.

3.3.2 Uniforms and Personal Equipment. The Contractor's employees shall wear clean, neat and complete uniforms when on duty. All employees shall wear uniforms approved by the Contracting Officer's Representative (COR). The Contractor shall provide, to each employee and supervisor, uniforms, personal equipment and PPE (Personal Protective Equipment). The Contractor shall be responsible for the cost of purchasing, cleaning, pressing, and repair of the uniforms.

3.3.3 Neglect of duties shall not be condoned. This includes sleeping while on duty, unreasonable delays or failures to carry out assigned tasks, conducting personal affairs during duty hours and refusing to render assistance or cooperate in upholding the integrity of the worksite security.

3.3.4 The Contractor shall not condone disorderly conduct, use of abusive or offensive language, quarreling, and intimidation by words, actions, or fighting. Also included is participation in disruptive activities that interfere with normal and efficient Government operations.

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

NOTE: The Embassy strictly adheres to the non-smoking policy issued by the Department of State. Contractor’s employees are required to carefully follow the instructions that will be provided by the COR.

3.3.6 Criminal Actions. Contractor employees may be subject to criminal actions as allowed by law in certain circumstances. These circumstances include but are not limited to the following actions: falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records or concealment of material facts by willful omission from official documents or records; unauthorized use of Government property, theft, vandalism, or immoral conduct; unethical or improper use of official authority or credentials; security violations; organizing or participating in gambling in any form; and misuse of weapons.

3.3.7 Key Control. The Contractor shall receive, secure, issue and account for any keys issued for access to buildings, offices, equipment, gates, or other areas, for the purposes of this contract. Keys shall not be duplicated without the COR's approval. Where the Government determines that the Contractor or its agents have duplicated a key without permission of the COR, the Contractor shall remove the individual(s) responsible from performing work under the contract. If the Contractor has lost any such keys, the Contractor shall immediately notify the COR. In either event, the Contractor shall reimburse the Government for the cost of rekeying that portion of the system so compromised.

4.0

WORK REQUIREMENTS

4.1 General. The Contractor shall provide full service to meet routine maintenance requirements. The Contractor shall maintain elevators so that the elevators are in a safe and efficient operating condition at all times. In the event of a break down, the Contractor shall make every effort to immediately return the elevator to an operating condition.

4.1.1 Summary of Services – SEE ATTACHMENT 2 FOR LIST OF TASKS TO BE PERFORMED

5.0 SCHEDULED ROUTINE MAINTENANCE

5.1 General

5.1.1 The objective of scheduled routine maintenance is to eliminate or minimize elevator malfunction, breakdown and deterioration. Contract maintenance of the elevator must assure continuous, safe, and satisfactory operation of all elevators, their parts and components. The Contractor shall schedule routine maintenance to include all tasks herein described, in addition to routine lubrication and adjustments.

5.1.2. Elevator equipment shall include, but is not limited to: controllers, selectors, worm gears, thrust bearings, brake magnet coils, brake shoes, brushes, windings, commutators, rotating elements, contacts, coils, resistors for operating and motor circuits, magnet frames, cams, car door and hoistway door hangers, tracks and guides, door operating devices, interlocks and contacts, pushbuttons, pumps, pump motors, operating valves, electronic tubes, electronic programmable controllers, hall lanterns and indicators, hatch lighting, pit bulbs, bulb replacement and all other elevator signal accessories.

5.1.3 The Contractor shall inventory, supply, repair and replace all parts that have become unsafe due to wear and tear. The Contractor shall use genuine manufacturer’s parts or approved or equal (to be approved by COR) for all replacements. The Contractor shall maintain an easily accessible supply of spare parts sufficient for normal maintenance and expedient emergency repairs. See also Section 1.0

5.2 Checklist Approval - The Contractor shall submit to the COR a schedule and description of the scheduled routine maintenance tasks which the Contractor plans to provide. The Contractor shall prepare this schedule and task description in a checklist format. The Contracting Officer or COR must approve the proposed "Scheduled Routine Maintenance Task Checklist" prior to contract work commencement.

5.3 Minimum Requirements - The Contractor shall provide a certified trained mechanic to inspect and service every elevator a minimum of once a month, every month of the year. The elevator mechanic shall sign off on every item of the checklist. The elevator mechanic shall leave a copy of this signed checklist with the COR or the COR's designate following that month routine maintenance visit. This monthly inspection and servicing shall include, but not be limited to, the following tasks:

· Ride all cars to detect and repair any improper operation of the car doors, hoistway doors, acceleration, leveling accuracy on the floor stops, and the action of the machine brake;

· Check and make necessary repairs to assure proper operation of retractable doors;

· Review elevator’s performance with the COR, or the designated representative, to determine if any malfunctions have occurred in connection with the operation of the cars since the most recent previous scheduled routine maintenance visit;

· Investigate any malfunctions which have occurred, devoting special attention to any problem involving unsafe operations, and make repairs as necessary;

· Examine car stations and call buttons and replace any damaged switches, burned out lamps, bulbs and broken buttons, defective fixtures, switches, covers, and related hardware;

· Trouble shoot any failure to equipment, lighting and receptacle electrical circuits;

· Report findings to the COR or the COR's designee including identification of failed equipment and reason for failure;

· Leave signed and dated copy of the Maintenance Checklist and also leave signed and dated copies of any other monthly, quarterly or annual checklists if those were completed during the subject visit;

· Maintain emergency light units in operable condition

5.4 Technical Cards per each elevator (Libretto Impianto)

The contractor shall prepare and submit reports on the results of the tests carried out in compliance with comma 4 art. 19 of the Presidential Decree no. 1497 dated 29 May 1963 and subsequent amendments. Reports/technical cards shall be updated each time a service task gets performed and remain in the mechanical room.

5.5 Activities Log per each elevator

A log to be maintained by the Contractor where all activities performed on each elevator are reported. The log shall remain in the mechanical room and one copy shall be filed with the Engineering Office on a monthly basis.

6.0 TROUBLE CALL RESPONSE SERVICE

6.1 General. The Contractor shall provide "around-the-clock" service coverage for elevator trouble calls as described below and which are not excluded by paragraph 8.0 below.

6.2 Emergency Response Service - The Contractor shall provide, at no extra cost, a 07:00 a.m. to 23:00 p.m., Monday to Saturday coverage for emergency trouble calls. A certified trained mechanic shall be "on call" and shall be on site within a one-hour time period of the placement of an emergency trouble call by the Contracting Officer or COR. Emergency situations include, but are not limited to: people trapped in an elevator car, the suspicion/confirmation of a fire in or around elevator equipment, or an inoperative elevator with no suitable backup.

6.3 Non-Emergency Response Service - The Contractor shall provide, at no extra cost, a non-emergency response service. A certified trained elevator mechanic will be on site, within one working day, to trouble shoot and repair an elevator malfunction.

6.4 Callback Service - When an elevator which was previously worked on by the Contractor's mechanic, has a repeat malfunction within a 24-hour period, the Contractor shall be obligated to provide, at no extra cost, a return visit by a trained elevator mechanic to correct the problem, even if the problem is minor in nature. The elevator mechanic shall respond to this callback within a three-hour time period regardless of what time the Contracting Officer or COR made the callback complaint, including the "after hours" time periods.

7.0 PERSONNEL, TOOLS, REPAIR PARTS, MATERIALS AND SUPPLIES

The Contractor shall provide certified trained elevator mechanics with the appropriate tools and testing equipment for scheduled maintenance, unscheduled repairs, emergency repairs/assistance, safety inspection, and safety testing as required by this contract. The Contractor shall provide all of the necessary repair parts, materials and supplies to maintain, service, inspect and test the elevators as required by this contract.

As to a list of repair parts, materials and supplies to maintain, service, inspect and test the lifts as required by this contract see Attachment .

The contractor shall designate one of its representatives as the supervisor of the laborers working in the Embassy. The supervisor shall act as a liaison between the contractor and the Embassy. Upon request, a contractor’s representative able to speak and understand English language to inter-act with Department of State representatives shall be provided.

All personnel involved in the performance of services under this contract shall have completed CEI 11-27 training and got related certification. Copy of certification to be provided to the COR before starting performance under this contract 7.1 Sub-Contracting The Contractor is not allowed to sub-contract any part of the services provided for under this contract, with the only exception of the maintenance on the existing chairs and platform lifts.

8.0 EXCLUSIONS

The Contractor shall not assume responsibility for the following items of elevator equipment, which are not included in this contract:

· Car enclosures and related items including, but not limited to, fixed or removable panels, door panels, car gates, plenum chambers, hung ceilings, light diffusers, fluorescent tubes, dry cell batteries, handrails, mirrors, floor coverings, carpets and other architectural features and accessories;

· Buried caissons, cylinders and piping, and power supply feeder circuits to the machine room circuit breakers;

· Computer and microprocessor devices not exclusively dedicated to the elevator equipment such as terminal keyboards and display units;

· Communications equipment, such as telephones, intercoms, heat detectors, and smoke sensors, which were not installed by the Contractor or the original elevator installer;

· Major Repairs: Any individual unit or incident of repair with a total estimated cost (labor and direct material costs) exceeding $3,000.00 which is not covered under routine maintenance, is not covered by this contract. The Government reserves the right to determine how these repairs are to be handled. Such repairs will normally be accomplished by separate purchase order or contract. This exclusion does not apply if the repair is to correct damage caused by Contractor negligence.

9.0 INSURANCE REQUIREMENTS

9.1 Personal Injury, Property Loss or Damage (Liability). The Contractor assumes absolute responsibility and liability for any and all personal injuries or death and property damage or losses suffered due to negligence of the Contractor's personnel in the performance of this contract

The Contractor's assumption of absolute liability is independent of any insurance policies.

9.2 Insurance. The Contractor, at its own expense, shall provide and maintain during the entire period of performance of this contract, whatever insurance is legally necessary. The Contractor shall carry the following minimum insurance:

Comprehensive General Liability

Bodily Injury

€1,000,000 per occurrence

€1,500,000 cumulative

Property Damage

€1,000,000 per occurrence

€1,500,000 cumulative

The types and amounts of insurance are the minimums required. The Contractor shall obtain any other types of insurance required by local law or that are ordinarily and 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.

9.3 Worker's Compensation Insurance. The Contractor agrees to provide all employees with worker's compensation benefits as required by the laws of either the country in which the employees are working or the employee's native country, whichever offers greater benefits, following FAR 52.228-4 “Worker’s Compensation and War-Hazard Insurance Overseas”.

10.0 Permits

The Contractor shall maintain in full force and effect all permits, licenses, and appointments required for the prosecution of work under this contract at no additional cost to the Government. The Contractor shall obtain these permits, licenses, and appointments in compliance with host country laws.

The contractor shall have a current SOA certification, category CAT OS4 Class (special certification to participate to solicitations in this specific field) and a BLOHSAS 18001:2007 (Safety International Certification)

11.0 LOCAL LAW REGISTRATION

If the local law or decree requires that one or both parties to the contract register the contract with the designated authorities to insure compliance with this law or decree, the entire burden of this registration shall rest upon the Contractor. Any local or other taxes which may be assessed against the contract shall be payable by the Contractor without Government reimbursement.

12.0 Reserved.

13.0 QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

13.1 This plan provides an effective method to promote satisfactory contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor Contractor performance, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to monitor quality to ensure that contract standards are achieved.

Services.

Performs all routine elevator maintenance services set forth in the scope of work.

13.2 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.

13.3 Standard. The performance standard is that the Government receives no more than one (1) customer complaint per month. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.212-4, Contract Terms and Conditions-Commercial Items), if any of the services exceed the standard.

13.4. Procedures.

13.4.1 If any Government personnel observe unacceptable services, either incomplete work or required services not being performed they should immediately contact the COR.

13.4.2 The COR will complete appropriate documentation to record the complaint.

13.4.3 If the COR determines the complaint is invalid, the COR will advise the complainant. The COR will retain the annotated copy of the written complaint for his/her files.

13.4.4 If the COR determines the complaint is valid, the COR will inform the Contractor and give the Contractor additional time to correct the defect, if additional time is available. The COR shall determine how much time is reasonable.

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

13.4.6 If the Contractor disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the Contractor will notify the COR. The COR will review the matter to determine the validity of the complaint.

13.4.7 The COR will consider complaints as resolved unless notified otherwise by the complainant.

13.4.8 Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COR will contact the Contracting Officer for appropriate action under the Inspection clause.

SECTION 2 - CONTRACT CLAUSES

52.212-4 Contract Terms and Conditions—Commercial Items.

As prescribed in 12.301(b)(3), insert the following clause:

Contract Terms and Conditions—Commercial Items (May 2014)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items.

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (Oct2014)

(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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(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 and 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 (Apr 2010) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 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 (Jul 2013) (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. (Aug 2013) (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

__ (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 Set-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 2014) (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 2014) 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—Subcon-tracting 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. 657 f).

__ (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 Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (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 (Jan 2014) (E.O. 13126).

__ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

__ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

__ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(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 (Jul 2014) (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) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 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.)

__ (34)(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.)

__ (35)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O. 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-13.

__ (36)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (37) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (38)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Jun 2014) (E.O. 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

__ (39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (40) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (41)(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.

__ (42) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (43) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (44) 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).

__ (45) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (47) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (48) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (49) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (50) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (51) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (52) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (53)(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) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 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).

__ (4) 52.222-44, Fair Labor Standards Act and…