Swimming_Pool_Solicitation-__SKE50015Q0003_Approved..doc

TABLE OF CONTENTS

Section 1 - The Schedule

· SF 1449 cover sheet

· Continuation To SF-1449, RFQ Number SKE50015Q0003, Prices, Block 23

· Continuation To SF-1449, RFQ Number SKE50015Q0003 , Schedule Of Supplies/Services, Block 20 Description/Specifications/Work Statement

· Attachment 1 to Description/Specifications/Performance Work Statement, Government Furnished Property

Section 2 - Contract Clauses

· Contract Clauses

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

Section 3 - Solicitation Provisions

· Solicitation Provisions

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

Section 4 - Evaluation Factors

· Evaluation Factors

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

Section 5 - Representations and Certifications

· Offeror Representations and Certifications

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

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449

RFQ NUMBER SKE50015Q0003

PRICES BLOCK 23

I.

PERFORMANCE WORK STATEMENT

A. The purpose of this firm fixed price contract for standard services is to provide swimming pool maintenance for the United States Embassy Nairobi in accordance with Performance/ Specifications/ Work statement of this contract.

B. The contract will be for a one-year period from the date of the contract award, with four (4) one -year options.

II. PRICING

A.1. Pricing

A.1.1 – In consideration of satisfactory performance of all the scheduled services required under this contract, the contractor shall be paid a firm fixed-price for pool maintenance Standard Services ordered by the Government and completed by the contractor.

A.1.2 – Standard Services. The pool maintenance service rates for standard services are fully loaded rates, including:

· all direct and indirect labor costs

· all direct and indirect material costs

· all overhead and indirect costs

· Insurance

· profit

A.1.3 The Government will make payment in………………( Offer shall identify currency of offer)

A.2. BASE YEAR PRICES

Firm Fixed Price for Standard Services

Supply labor and undertake routine reporting as per the SOW. See daily, weekly, monthly and other checklists as provided.

Supply labor and undertake routine reporting as per the SOW. See daily, weekly, monthly and other checklists as provided.

Supply labor and undertake routine reporting as per the SOW. See daily, weekly, monthly and other checklists as provided.

Supply labor and undertake routine reporting as per the SOW. See daily, weekly, monthly and other checklists as provided.

TOTAL COST PER MONTH/ YEAR

Base Year Total Cost: ………………….

A.3. FIRST OPTION YEAR PRICES

Supply labor and undertake routine reporting as per the SOW. See daily, weekly, monthly and other checklists as provided.

Supply labor and undertake routine reporting as per the SOW. See daily, weekly, monthly and other checklists as provided.

Supply labor and undertake routine reporting as per the SOW. See daily, weekly, monthly and other checklists as provided.

Supply labor and undertake routine reporting as per the SOW. See daily, weekly, monthly and other checklists as provided.

TOTAL COST PER MONTH/ YEAR

First Option Year Total Cost: ………………….

A.4. SECOND OPTION YEAR PRICES

Supply labor and undertake routine reporting as per the SOW. See daily, weekly, monthly and other checklists as provided.

Supply labor and undertake routine reporting as per the SOW. See daily, weekly, monthly and other checklists as provided.

Supply labor and undertake routine reporting as per the SOW. See daily, weekly, monthly and other checklists as provided.

Supply labor and undertake routine reporting as per the SOW. See daily, weekly, monthly and other checklists as provided.

TOTAL COST PER MONTH/ YEAR

Second Option Year Total Cost: ………………….

A.5. THIRD OPTION YEAR PRICES

Supply labor and undertake routine reporting as per the SOW. See daily, weekly, monthly and other checklists as provided.

Supply labor and undertake routine reporting as per the SOW. See daily, weekly, monthly and other checklists as provided.

Supply labor and undertake routine reporting as per the SOW. See daily, weekly, monthly and other checklists as provided.

Supply labor and undertake routine reporting as per the SOW. See daily, weekly, monthly and other checklists as provided.

TOTAL COST PER MONTH/ YEAR

Third Option Year Total Cost: ………………….

A.6. FOURTH OPTION YEAR PRICES

Supply labor and undertake routine reporting as per the SOW. See daily, weekly, monthly and other checklists as provided.

Supply labor and undertake routine reporting as per the SOW. See daily, weekly, monthly and other checklists as provided.

Supply labor and undertake routine reporting as per the SOW. See daily, weekly, monthly and other checklists as provided.

Supply labor and undertake routine reporting as per the SOW. See daily, weekly, monthly and other checklists as provided.

TOTAL COST PER MONTH/ YEAR

Fourth Option Year Total Cost: ………………….

Grand Total Price:……………………………

III. VALUE ADDED TAX

VAT VERSION A

VALUE ADDED TAX. Value Added Tax (VAT) is not included in the CLIN rates. Instead, it will be priced as a separate Line Item in the contract and on Invoices.

CONTINUATION TO SF-1449,

RFQ NUMBER SKE50015Q0003

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

1.0 Scope of Work

The American Embassy in Nairobi requires the services of a qualified contractor to maintain the swimming pools at:

· Roslyn Ridge compound - Gigiri

· CMR ( Chief of mission residence) compound- Muthaiga

· Shanzu compound - Kyuna

· Imperial Compound - Karura

The contractor shall maintain the existing and fully functioning swimming pools in a manner to guarantee safety of users comfort and ensure adherence to the USA standards Approved American National Standards (ANSI) American National Standard for Water Quality in Public Pools and SPAs ( ANSI/APSP-11 2009) as provided in the appendix 1 (one) in regard to chemical balance, general operations, and condition of all installed features currently in place and those that may be introduced within the swimming pool scope.

Any proposed changes to this statement of work shall be approved in advance by the U.S.

Government’s Contracting Officer. The services provided shall cover a period of one year with four (4) one -year options.

2.0 Resource Capacity

The contractor shall furnish sufficient personnel with the technical knowledge and experience necessary to safely complete the work. The Company must be registered as class NCA 5 or higher in the Kenyan’s National Construction Authority listing.

3.0 Client provided Material

The U.S. Government will not provide materials or labor for this contract. Basic electricity for hand tools and water source will be provided on site by client.

4.0 Contractor-provided Material/services

The contractor shall supply the materials and technical services as they fall due .The Contractor agrees to furnish all chemicals, labor, personal safety equipment, cleaning supplies/products and equipment, materials, installation, cartage, hoisting, insurance, permits, tools, and other facilities of every kind and description required for the maintenance of the swimming pool features and swimming pool water.

5.0 Techniques and Methodologies

Specific Objective and Associated Tasks

The specific objective agreement of this Agreement shall be to maintain the swimming pools located at CMR (Chief of Mission residence), Roslyn Ridge compound , Shanzu compound and Imperial compound in a safe and acceptable level for the daily use by the occupants and their guests. Outlined in note 5 below include minimum tasks that shall be performed by the vendor for a period of one year, with the coordination and cooperation of the CO, COTR and other assigned parties.

5.1 General Maintenance

There shall be specific set of procedures to be adhered to as they fall due as shown below:

Daily requirements (7 days a week)

1. Check and maintain proper swimming pool treated water levels.

2. Check pumps, piping, filters, guard rails, associated surfaces and report deficiencies to the COR/COTR immediately.

3. Chemical monitoring and balancing: Measure, record results of chlorine and PH tests in a daily logbook, adjust chemicals accordingly to ensure that all chemicals are in a safe and acceptable range.

4. Check water clarity and adjust chemical or clean as required to maintain clear water at acceptable chemical levels.

5. Check water temperature, record in the daily logbook.

6. Clean pump’s filters, sand filters, drainage systems and all other associated features

7. Clean hair filter strainer, skimmer basket and overflow trough.

8. Clean pool water of floating debris.

9. On a daily basis, the pool attendant shall undertake procedures likely to interrupt the pool usage before 9.00am. Upon request, the client may request for variation to this depending on the activities ongoing within the swimming pool area

5.2 Weekly Requirements (52 weeks in a year)

At least on a weekly basis, undertake the following:

1. Run through the weekly checklist in as per 9.2 and 9.3 below

2. Clean and scrub the pool deck, bottom and side walls.

3. Remove obstructions and debris from deck.

4. Check pool lights and area lights, report deficiencies to COR immediately.

5. Check pool area air quality and environment (humidity, insects, mold, rodents, etc.), enter any findings in logbook and report findings to COR immediately.

6. Verify that all lifesaving equipment is in its designated place. Report any missing or broken equipment to the CO/COTR immediately.

7. After every 5-10 days, or when the reading of the pressure gauge on the pump side of the filter has increased by about 0.2 bar (20 kPa, 3 psi) since the last backwash, undertake comprehensive sand filter back wash and solvent cleaning.

5.3 Monthly requirements (12 months in the year)

At least on a monthly basis, undertake the following:

1. Run through the weekly check list as per section 9.4

2. Provide the CO/COTR with full report on: chemical condition, details on incidences, LSI for the Water, Pool equipment performance summary, recommended repairs.

3. Undertake sand filter media degreasing, de-caking for extended life span

5.4 Others

1. Based on demand, run the check list 9.1 and 9.5 accordingly.

2. Depending on the condition of the filter, replace inefficient sand filter media

3. Allow for minor repairs including re-grouting (if less than 5 sq. m), and pipe leaks repairs ,

4. All additional work should not be done prior to express authorization by CO through the designated COR.

5.5 Chemicals management

1. Ensure Chlorine, PH, total alkalinity and calcium hardness are kept at acceptable levels which are safe and comfortable for human.

2. Store all chemicals in a well-ventilated, cool, dry location away from mechanical equipment and volatile materials such as paint, gasoline, kerosene and oil. American Embassy Nairobi will provide the store.

3. Granular chlorine and various types of chlorine tablets should be tightly sealed and properly stored away from possible water or moisture contamination.

4. Bromine sticks if applicable should be tightly sealed and stored in the same manner as chlorine.

5. Chemicals that regulate pH (such as dry acid, soda ash, and muriatic acid) should also be properly sealed and stored away from chlorine compounds.

6. Ensure that personnel who maintain pools are properly trained in the safe handling, use, and storage of all swimming pool chemicals according to the manufacturer’s instructions and that the appropriate personal safety equipment is used when handling these chemicals and follows the chemical label directions.

7. Apply chemicals directly to the pool water and avoid mixing of chemicals.

6.0 Deliverables, end product and periodic performance:

1. The contractor shall begin to service the sites no more than 14 days after the date of contract award.

2. The contractor shall ensure that water quality is consistently maintained within the acceptable PH, Chlorine level, temperature, turbidity, cleanliness for users safety and reasonable comfort

3. The contractor personnel are expected to be on site from Monday to Friday day time every week and ensure that the pool left in a good working condition over-night, weekends and Kenyan holidays. During the weekend, the vendor should be able to respond to emergencies in the event they arise in a reasonable time.

4. For those tasks clearly understood to be outside the scope, the contractor shall seek approval from CO. This may include but not limited to additional contract period, additional work…

7.0 Progress and Compliance:

7.1 Safety Requirements

1. All tools, materials, and equipment shall be provided by the contractor and must meet all local applicable safety requirements. (Kenyan OSHA 2007)

2. All work shall be performed in accordance with local safety standards and recognized safe practices.

3. Supply COR/COTR with MSDS for all chemicals and detergents that are to be used in the swimming pool for POSHO approval before introduction

4. Dispose of waste chemicals and empty chemical containers should be done in a safe manner. Follow all safety, health, and environmental codes, laws, and regulations regarding the safe use and disposal of chemicals

5. Never pour water onto pool chemicals.

8. Special considerations:

8.1 Security Requirements

1. All workers are subject to a security background check, and must be approved/cleared by Embassy Security Officer prior to entering Embassy property. Standard security procedures already in place must be followed for access by contractor’s workers.

2. All security requirements mentioned above are subject to approval and/or modification by the Embassy Security Officer.

8.2 Other requirements

1. The contractor’s quality control manager and the COTR shall review the work performance at least quarterly, or on an ad-hoc basis as determined by the COTR and certificate of satisfactory work issued.

9.0 Basic Pool Care Checklist

9.1 Opening the Pool.

Following any extended pool closure or at commencement of the contract, as a startup, the following is the typical procedure

Remove, clean and store the pool cover if applicable

Thoroughly clean and vacuum the pool

Top up water to the desired height at the prescribed rate of 1” (25mm) per hour

Test water balance, pH, and Calcium Hardness and Total Alkalinity levels

Inspect electrical service, filters, skimmers, drains, ladders, diving boards, plugs, gauges, and other important components of the system

Inspect tile and grout installations, and clean tiles and skimmer with cleanser

Take a sample of pool water to a pool water expert for analysis

Clean and inspect pool deck

Skim pool water surface and vacuum pool bottom

Backwash filter if necessary

Shock pool water to breakpoint levels

Adopt a routine maintenance program for the season

Add algaecide as required

9.2 Pool Maintenance 2-3 times a week:

Empty skimmer and pump basket (may require more frequent cleaning)

Vacuum the pool two to three times a week. Brush the sides and bottom of your pool, even if you have an automatic pool cleaner as this will loosen dirt and other particles that may adhere to pool finish.

9.3 Weekly Pool Maintenance check list:

Remove any large accumulation of debris on the bottom with a leaf scoop.

Feed the pool with chlorine or other sanitizer to satisfy its requirements either manually or automatically.

Check that the water level is high enough for the pump to operate correctly.

Test and adjust sanitizer level (may require more frequent testing depending upon bather load and environmental conditions)

Visually inspect pool water for clarity, color and visible contaminants

Remove floating leaves

Test and adjust pH (may require more frequent testing depending upon bather load and environmental conditions)

· The pH should be in the range 7.4 – 7.7 if the pool has a vinyl or tile finish. . If the level is too high, then adjust it down using pH decreaser. The correct dosage is located on the label.

· If the pH is too low, then add pH increaser. Again see labels for dosage. If the pH has dropped possibly so has your total alkalinity.

· Don’t correct your pH more than once a week.

Test chlorine levels in the pool water:

· Free chlorine levels should be between 1-3 ppm

Test and adjust Alkalinity

Test and adjust Oxidizer and Stabilizer levels

Clean the tile at the water line

Check filter pressure and backwash only if required

Check water level and adjust as necessary at the prescribed rate of 1” (25mm) per hour

Add a preventative dose of algaecide as necessary

Shock the pool as per label instructions. This treatment restores the sparkle to the pool water and destroys germs and organic contaminants (can be done once every 2 weeks)

9.4 Monthly Pool Maintenance check list:

Test and adjust Calcium Hardness

Test and adjust for Total Dissolved Solids

Test the total alkalinity, which should be in the range of 120-150 ppm.

Chemically clean the filter

Visually inspect tile, grout, sealant, and other exposed elements of pool

Conduct Langelier Saturation Index evaluation and adjust as necessary

Test your salt levels if you have a saltwater pool.

If you have a vinyl liner – check for holes and tears and make any needed repairs as soon as possible.

If you have a concrete, gunite pool or fiberglass pool, check for cracks.

Check the seals in your motor and pump.

Check all handrails, steps and other safety equipment to be sure that it’s in proper working order.

9.5 Pool closure check list:

Whenever required following procedure should be followed in pool shut down:

Balance the pool water chemistry, typically to the following levels:

· pH: 7.2 – 7.6

· Total Alkalinity: 80 – 120 parts per million (ppm)

· Calcium Hardness: 180 – 220 ppm

Run the filter continuously for 24 – 48 hours

Remove skimmer baskets, cleaners, ladders, wall fittings, and solar blankets from the pool

Lower the water level in the pool to 6” (150mm) below the skimmer level at the prescribed rate of 1” (25mm) per hour

Drain all pumping, filtering, heating, and sanitizing equipment to prevent damage caused by freezing

Lubricate O-rings, valves and plugs to make opening the pool in the spring easier

Thoroughly clean and vacuum the pool

10. QUALITY ASSURANCE PLAN (QAP).

This plan is designed to provide an effective surveillance method to promote effective contractor performance. The QAP 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.

Services.

Performs all swimming pool maintenance set forth in the performance work statement (PWS)

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.

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 (May 2001), if any of the services exceed the standard.

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.

Abbreviations:

POSHO: Post Occupation Safety and Health Officer

CO: Contracting Officer

COTR: Contracting Officer Technical Representative

OSHA: Occupational Safety and Health

MSDS: Material Safety Data Sheet

SOW: Scope of Work

R/Ridge: Roslyn Ridge compound

NCA: National Construction Authority kPa: Kilo Pascal

APPENDIX 1

SECTION 2 - CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS (MAY 2014), is incorporated by reference (see SF-1449, Block 27A)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (OCT 2014)

(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:

_X (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.)

_X (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).

_X (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—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 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.

_X (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)).

_X (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:

__ (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 Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495).

__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212)

(viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(x) 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)).

(xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiv) 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).

(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

ADDENDUM TO CONTRACT CLAUSES

FAR AND DOSAR CLAUSES NOT PRESCRIBED IN PART 12

52.252-2

CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at:

http://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.

The following Federal Acquisition Regulation (FAR) clauses are incorporated by reference:

CLAUSE

TITLE AND DATE

52.204-9

PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

52.204-12

DATA UNIVERSAL NUMBERING SYSTEM NUMBER MAINTENANCE (DEC 2012)

52.204-13

SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JULY 2013)

52.225-14

INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT (FEB 2000)

52.228-4

WORKER’S COMPENSATION AND WAR-HAZARD INSURANCE OVERSEAS (APR 1984)

52.228-5

INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.229-6

FOREIGN FIXED PRICE CONTRACTS (FEB 2013)

52.232-39

UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.217-8

OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the performance period of the contract.

52.217-9

OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within the performance period of the contract or within 30 days after funds for the option year become available, whichever is later.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

52.232-19

AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond September 30 of the current calendar year. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30 of the current calendar year, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

The following DOSAR clause(s) is/are provided in full text:

CONTRACTOR IDENTIFICATION (JULY 2008)

Contract performance may require contractor personnel to attend meetings with government personnel and the public, work within government offices, and/or utilize government email.

Contractor personnel must take the following actions to identify themselves as non-federal employees:

1) Use an email signature block that shows name, the office being supported and company affiliation (e.g. “John Smith, Office of Human Resources, ACME Corporation Support Contractor”);

2) Clearly identify themselves and their contractor affiliation in meetings;

3) Identify their contractor affiliation in Departmental e-mail and phone listings whenever contractor personnel are included in those listings; and

4) Contractor personnel may not utilize Department of State logos or indicia on business cards.

(End of clause)

652.232-70

PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED-PRICE) (AUG 1999)

(a) General. The Government shall pay the contractor as full compensation for all work required, performed, and accepted under this contract the firm fixed-price stated in this contract.

(b) Invoice Submission. The contractor shall submit invoices in an original and three (3) copies to the office identified in Block 18b of the SF-1449. To constitute a proper invoice, the invoice shall include all the items required by FAR 32.905(e).

Department of State

U.N Avenue Gigiri

P.O Box 606, 00621

ATTN: US Embassy FMC

Nairobi, Kenya

The contractor shall show Value Added Tax (VAT) as a separate item on invoices submitted for payment.

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

652.237-72

OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE (APR 2004)

(a) The Department of State observes the following days as holidays in year 2015:

Day/Date Holiday Remark

Thursday, January 1 New Year's Day American/Kenyan

Monday, January 19 Birthday of Martin Luther King, Jr. American

Monday, February 16 Washington's Birthday American

Friday, April 3 Good Friday Kenyan

Monday, April 6 Easter Monday Kenyan

Friday, May 1 Labour Day Kenyan

Monday, May 25 Memorial Day American

Monday, June 1 Madaraka Day Kenyan

Friday, July 3 Independence Day American

Saturday, July 18 Idd ul Fitr * Kenyan

Monday, September 7 Labor Day American

Monday, October 12 Columbus Day American

Tuesday, October 20 Mashujaa Day Kenyan

Wednesday, November 11 Veterans Day American

Thursday, November 26 Thanksgiving Day American

Saturday, December 12 Jamhuri Day ** Kenyan

Friday, December 25 Christmas Day American/Kenyan

*Yet to be confirmed, Idd ul Fitr will be observed as a public holiday subject to the sighting of the moon and as announced by the Chief Kadhi.

** Jamhuri Day is on Saturday December 12 and as such, there will be no day off from work for this holiday.

*Any other day designated by Federal law, Executive Order, or Presidential Proclamation.

(b) When any such day falls on a Saturday or Sunday, the following Monday is observed. Observance of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract. If the contractor’s personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized pursuant to an overtime clause elsewhere in this contract.

(c) When the Department of State grants administrative leave to its Government employees, assigned contractor personnel in Government facilities shall also be dismissed. However, the contractor agrees to continue to provide sufficient personnel to perform round-the-clock requirements of critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the Contracting Officer or his/her duly authorized representative.

(d) For fixed-price contracts, if services are not required or provided because the building is closed due to inclement weather, unanticipated holidays declared by the President, failure of Congress to appropriate funds, or similar reasons, deductions will be computed as follows:

(1) The deduction rate in dollars per day will be equal to the per month contract price divided by 21 days per month.

(2) The deduction rate in dollars per day will be multiplied by the number of days services are not required or provided.

If services are provided for portions of days, appropriate adjustment will be made by the Contracting Officer to ensure that the contractor is compensated for services provided.

(e) If administrative leave is granted to contractor personnel as a result of conditions stipulated in any “Excusable Delays” clause of this contract, it will be without loss to the contractor. The cost of salaries and wages to the contractor for the period of any such excused absence shall be a reimbursable item of direct cost hereunder for employees whose regular time is normally charged, and a reimbursable item of indirect cost for employees whose time is normally charged indirectly in accordance with the contractor’s accounting policy.

652.242-70

CONTRACTING OFFICER'S REPRESENTATIVE (COR) AUG 1999)

(a) The Contracting Officer may designate in writing one or more Government employees, by 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 Facilities Supervisor.

652.225-71 SECTION 8(A) OF THE EXPORT ADMINISTRATION ACT OF 1979, as amended (AUG 1999)

(a) Section 8(a) of the U.S. Export Administration Act of 1979, as amended (50 U.S.C. 2407(a)), prohibits compliance by U.S. persons with any boycott fostered by a foreign country against a country which is friendly to the United States and which is not itself the object of any form of boycott pursuant to United States law or regulation. The Boycott of Israel by Arab League countries is such a boycott, and therefore, the following actions, if taken with intent to comply with, further, or support the Arab League Boycott of Israel, are prohibited activities under the Export Administration Act:

(1) Refusing, or requiring any U.S. person to refuse to do business with or in Israel, with any Israeli concern, or with any national or resident of Israel, or with any other person, pursuant to an agreement of, or a request from or on behalf of a boycotting country;

(2) Refusing, or requiring any U.S. person to refuse to employ or otherwise discriminating against any person on the basis of race, religion, sex, or national origin of that person or of any owner, officer, director, or employee of such person;

(3) Furnishing information with respect to the race, religion, or national origin of any U.S. person or of any owner, officer, director, or employee of such U.S. person;

(4) Furnishing information about whether any person has, has had, or proposes to have any business relationship (including a relationship by way of sale, purchase, legal or commercial representation, shipping or other transport, insurance, investment, or supply) with or in the State of Israel, with any business concern organized under the laws of the State of Israel, with any Israeli national or resident, or with any person which is known or believed to be restricted from having any business relationship with or in Israel;

(5) Furnishing information about whether any person is a member of, has made contributions to, or is otherwise associated with or involved in the activities of any charitable or fraternal organization which supports the State of Israel; and,

(6) Paying, honoring, confirming, or otherwise implementing letter of credit which contains any condition or requirement against doing business with the State of Israel.

(b) Under Section 8(a), the following types of activities are not forbidden “compliance with the boycott”, and are therefore exempted from Section 8(a)’s prohibitions listed in paragraphs (a)(1) through (6) above:

(1) Complying or agreeing to comply with requirements:

(i) Prohibiting the import of goods or services from Israel or goods produced or services provided by any business concern organized under the laws of Israel or by nationals or residents of Israel; or,

(ii) Prohibiting the shipment of goods to Israel on a…