Preventive_Maintenance_for_Emergency_Generators_Solicitation.pdf

SF-1449

TABLE OF CONTENTS

Section 1 - The Schedule

SF 18 or SF 1449 cover sheet

Continuation To SF-1449, RFQ Number SMX11516Q0007 Prices, Block 23

Continuation To SF-1449, RFQ Number SMX11516Q0007, 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 S SMX11516Q0007

PRICES, BLOCK 23

I. PERFORMANCE WORK STATEMENT

The purpose of this firm fixed price contract is to for Preventive Maintenance of Emergency

Generator Systems in accordance with Attachment A.

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

1.0 INTRODUCTION

The U.S. Consulate Ciudad Juárez requires professional services and contractor cost proposals to perform preventive maintenance services for the facility’s emergency generator systems.

2.0 TYPE OF CONTRACT

This is a firm fixed price contract payable entirely in U.S. dollars if awarded to a U.S. Company or a Mexican Company with a U.S. dollars denominated bank account and in Mexican pesos if awarded to a Mexican company. Prices are set for all Contract Line Items. No additional sums will be paid for any escalation in the cost of materials, equipment, labor, or due to contractor's inability to accurately estimate the cost of the service or any difficulty achieving the required results. The contract price will not be adjusted due to fluctuations in currency exchange rates.

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 (CO) will issue a Notice to Proceed. The

Notice to Proceed will establish a date (a minimum of ten (10) calendar days from date of

Contract award unless the Contractor agrees to an earlier date) on which performance shall start.

4.0 CONTRACTING OFFICER’S REPRESENTIVE and POST CONTROL OFFICER

4.1 All technical questions concerning the scope of work and requirements of preventive maintenance for emergency generator systems contract shall be directed to the COR:

Rene Medina- Deputy Facility Manager medinar@state.gov

4.2 The Post Control Officer (PCO) will be the Contractor’s point of contact at the U.S.

Consulate Ciudad Juárez. All questions concerning coordination of preventive maintenance for emergency generator systems activities while at post shall be directed to the PCO, with weekly reporting to the COR:

Edgardo Gutierrez -Post Control Officer (PCO) gutierreze1@state.gov

5.0 SAFETY HEALTH AND ENVIROMENTAL MANAGEMENT (SHEM)

The Contractor shall take all reasonable and proper safety precautions to prevent death or injury to any person as well as any property damage to the U.S. Consulate Compound.

Equipment used by the Contractor shall be properly used and maintained in order to minimize the risk of accident, death, injury, loss or damage.

PROJECT REQUIREMENTS

Description of equipment: Please see attachment B for more details

(2) Generators 1360 Kw

(1) Generator 270 Kw

(1) Generator 36 Kw

GENERAL REQUIREMENTS

5.1 This Performance Work Statement (PWS) describes the preventive maintenance, testing services and deliverables to be performed by the Contractor at the U.S. Consulate Ciudad Juarez compound.

5.2 The contractor will be responsible for labor and materials required to carry out all preventive maintenance as outlined in this Performance Work Statement (PWS). Consulate staff has service manuals for all Generators and ATS’s on-site.

mailto:medinar@state.gov mailto:gutierreze1@state.gov

5.3 The CO and assigned Contracting Officer's Representative (COR) are the sole points of contact for all technical and contractual discussions or issues regarding the PWS and its intent and execution. The Contractor shall not take directions in any form issued from United States

Government (USG) personnel other than the CO or COR.

5.4 Hours of Work. The Contractor shall schedule all preventive maintenance during normal working days which are defined Monday through Friday from 8:00 AM to 5:00 PM, with the exception of any regular or special public holidays on which the U.S. Consulate Compound is closed, or as agreed with the COR prior to commencement of the contract.

5.5 This PWS, applicable deliverables and documents developed by the Contractor and accepted by the USG, shall serve as the basis for describing and defining the limits and scope of work to be complied to and executed by the Contractor.

5.6 All deliverables, documents, proposals, etc. submitted by the Contractor under this PWS shall remain property of the U.S. Government. All U.S. Government documents and data provided to the Contractor shall remain property of the U.S. Government. The Contractor shall limit duplication and dissemination of all U.S. Government documents and Contractor developed documents under this PWS to/within the Contractor’s execution team. Duplication or distribution of project documents outside the Contractor’s team is strictly prohibited without the express written approval and authorization of the CO.

Upon completion of each service visit, all documents, electronic media, photos, etc. shall be submitted to the COR including all documents and data the U.S. Government provided to the

Contractor. All service contract documents and media shall be submitted to the U.S.

Government along with the Contractor’s service report.

5.7 The Contractor shall schedule, coordinate and arrange all services so as to cause the least amount of interference with normal post operations. In the cases where some interference is unavoidable, the Contractor shall make every effort to minimize the impact on the occupants or users. The detailed work schedules, which are required by this PWS, shall be electronically documented, updated and made available to the COR upon request. If the COR determines the

Contractor’s schedule conflicts with critical Post operations, the Contractor shall modify the schedule as required.

5.8 The Contractor will not use any method which may cause damage to the equipment or systems. Any damage or loss due to negligence and/or incorrect maintenance practices by the

Contractor, Sub-contractor, or Contractor's staff shall be the full responsibility of the Contractor.

The COR will request the Contractor to repair/replace any damaged systems or pay for the cost of rectification.

6.0 ACCESS TO GOVERNMENT BUILDINGS AND STANDARDS OF CONDUCT

6.1 The Contractor must designate a representative who shall supervise the Contractor’s technicians and be the Contractor's liaison with the U.S. Consulate Ciudad Juárez. 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 systems dedicated rooms with or without security escorts, only with specific permission by the Facility Manager, CO or COR.

6.2 Personnel security: The U.S. Consulate reserves the right to deny access to U.S. owned and

U.S. operated facilities to any individual. The Contractor shall provide the names, biographic data and police clearance on all Contractor personnel who shall be used on this contract prior to their utilization on this contract to the COR.

6.3 Standards of Conduct.

6.3.1 General: The Contractor shall maintain satisfactory standards of employee competency, conduct, cleanliness, appearance, and integrity. It shall be responsible for taking disciplinary action towards employees as necessary. Each Contractor employee shall adhere to standards of conduct that reflect credit on themselves, their employer, and the USG. The U.S. Consulate reserves the right to request that the Contractor remove an employee from the worksite over 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 USG.

6.3.2 Uniforms and Personal Equipment: The Contractor's employees shall wear clean, neat and complete uniforms when on duty. The Contractor shall provide, to each employee and supervisor, uniforms and personal equipment. The Contractor shall be responsible for the cost of purchasing, cleaning, pressing, and repairing of the uniforms.

6.3.3 Neglect of Duties: 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.

6.3.4 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 with similar effects.

7.0 INSURANCE REQUIREMENTS

7.1 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.

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

7.3 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 maintain an insurance policy that covers any property damage which may occur during the performance of this contract. Such liability insurance shall provide coverage in the amount of $150,000 USD. The Contractor shall obtain any other types of insurance required by local law or that are ordinarily or customarily obtained in the location the work is being performed. The limit of such insurance shall be as provided by law or sufficient to meet normal and customary claims, unless stated otherwise in this contract. The Contractor shall also provide proof that his employees are covered by the Instituto Mexicano del Seguro Social.

7.4 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”.

8.0 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.

9.0 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.

10.0 SCOPE OF WORK

The contractor shall provide all materials, supervision, labor, tools and equipment to perform preventive maintenance. All personnel working in the vicinity shall wear and /or use safety protection while work is performed. Any questions or injuries shall be brought to the attention of the Post Occupation Safety and Health Officer (POSHO) immediately. Safety Data Sheets

(SDS) shall be provided by the contractor for all HAZMAT materials. Copies will be provided to the Contracting Officer’s Representative (COR) for approval.

If any discrepancies are found with the generator systems that are not covered under this scope of work, the contractor must provide the following to the COR:

1. Detailed report about the discrepancy found.

2. Bill of Materials (BOM) to include component name, quantity, part #, and price for any repair material required and material lead time.

3. Price quote for repair labor.

At a minimum, the following work must be completed:

Notes:

The Contractor must submit to the COR a work sheet/checklist that will be used for performing maintenance service for review.

The COR must immediately be notified of any condition discovered that could result in equipment failure.

Test and inspection reports shall be submitted to the COR within three working days of completing the work.

Laboratory report for all chemicals (oil, coolant or fuel analysis) shall be submitted to the

COR.

11.0 QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

This plan provides an effective method to promote satisfactory contractor performance. The

QASP provides a method for the Contracting Officer's Representative (COR) to monitor

Contractor performance, advise the Contractor of unsatisfactory performance, and notify the CO of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to monitor quality to ensure that contract standards are achieved.

Performance Objective Scope of Work Paragraphs

Performance Threshold

Services.

Performs all preventive maintenance for emergency generator systems services set forth in the scope of work.

Paragraph I

And Attachments A & B

All required services are performed and no more than one

(1) customer complaint is received per month.

11.1 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.

11.2 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 52.212.4, Contract Terms and Conditions-Commercial Items (May 2001), if any of the services exceed the standard.

11.3 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 CO for appropriate action under the Inspection clause.

II. PRICING

Prices must be submitted in U.S. dollars for U.S. Company bidders and in Mexican pesos for

Mexican company bidders.

2.1 Base Year. The Contractor shall provide the services shown below for the base period of the contract and continue for a period of 12 months.

$_______________ per year + IVA

2.2. Option Year #1. The Contractor shall provide the services shown below for Option Year 1 of the contract and continue for a period of 12 months.

2.3. Option Year #2. The Contractor shall provide the services shown below for Option Year 2 of

2.4. Option Year #3. The Contractor shall provide the services shown below for Option Year 3 of

2.5. Option Year #4. The Contractor shall provide the services shown below for Option Year 4 of

2.6. Grand Total: Base Year $____________+ IVA

Option Year 1 $____________+ IVA

Option Year 2 $____________+ IVA

Option Year 3 $____________+ IVA

Option Year 4 $____________+ IVA

TOTAL $____________+ IVA

III. VALUE ADDED TAX

VALUE ADDED TAX. Value Added Tax (VAT) is not included in the CLIN rates. Instead, it will be priced as a separate Line Item in the contract and on Invoices. Local law dictates the portion of the contract price that is subject to VAT; this percentage is multiplied only against that portion. It is reflected for each performance period. All portions of the solicitation are subject to

VAT:

CONTINUATION TO SF-1449,

RFQ NUMBER SMX11516Q0007

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

ATTACHMENT A

MAINTENANCE INTERVAL SCHEDULE

(Standby Generators)

Notes:

This is a basic generic list. Manufacturers recommendations should be followed and supersede recommendations in this list. If available, the manufacturer’s maintenance schedule can be taken directly from equipment operations and maintenance manual and placed here.

Generators experiencing periods of prime usage and those operating in severe environments may require more frequent maintenance.

Before each consecutive interval is performed, all maintenance from the previous intervals must be performed.

A. Semi-Annual Schedule

1. Conduct visual inspection around generator.

Check for evidence of leaks, damage, loose or missing hardware.

Inspect engine and generator wiring harness for wear and damages.

Inspect supports and spring isolators for soundness and stability.

Inspect unit for corrosion.

Hoses and Clamps - Inspect/Replace if needed.

Belts - Inspect/Adjust/Replace if needed.

Inspect all fuel, oil, and water piping for secure mounting.

Inspect exhaust piping and muffler insulation.

2. Batteries.

Battery charger – Inspect operation and clean.

Battery electrolyte level and specific gravity – Check and adjust. Add distilled water as needed.

Perform battery load test.

Clean battery terminals and lugs (apply grease on terminal connections).

3. Fluids and Filters.

Cooling System Coolant Level - Check and adjust.

Coolant conditioner (DCA/SCA) – Check and adjust to specs.

Jacket Water Heater - Check proper operation.

Engine Oil Level - Check and add if needed.

Fuel/water separators – Drain water.

Engine Air Cleaner Service Indicator – Check, clean filter if needed.

4. Generator Room.

Fuel tanks – Inspect and treat fuel if needed, check fuel level, drain water and sediment.

Automatic fuel system -Check operation and control panel.

Space Heater/Room exhaust fan - Check for proper operation.

Air intake/exhaust – Ensure nothing obstructs airflow; louvers are free and operate properly.

Exhaust condensate trap – drain condensate.

5. Control Panel.

Electrical Connections - Check tightness

Clean and remove dust from panel.

6. ATS.

Clean and remove dust.

Inspect seals.

Note date of last battery change. (Replace if 2 years or older).

Tighten connections.

Check for hot spots.

7. Run unit – No load.

Run the generator with no load for 15 minutes.

Remote Start Panel-Inspect and test operation. Inspect and clean.

Check the generator for unusual conditions, such as: excessive vibration, leaks, excessive smoke.

Verify all gauges and indicators are normal and functioning properly.

Check all indication lights, replace any defective bulbs.

8. Start unit and run under load for 1 hour.

Note: Unit should be run under facility load if permissible. If not, unit should be run with a minimum 80% load with load bank.

Automatic Start/Stop – Inspect.

Check ATS operations and calibrate TDES, TDNE, TDEN, TDEC if necessary.

Observe and record retransfer/cool down time.

Check automatic open and close shutter-stats and thermatic fans.

Generator Set Vibration – Inspect.

Read and record all gauges/meters.

Record load readings – Voltage, amps, frequency, power factor.

Check exhaust for excessive black or white smoke.

Check turbocharger for vibrations or any abnormal noise during operation.

Check generator bearing for noise and overheating.

Check exhaust manifold, muffler, and piping for leaks and secure mountings.

9. Additional.

Ensure Generator/ATS is left in proper position for automatic start and transfer.

Clean generator and generator room. Wash radiator if necessary.

Annotate date, hours and maintenance in Generator log, fill out maintenance checklist and report deficiencies to COR.

Perform any additional maintenance tasks as recommended in the manufacture’s operation and maintenance manuals.

Submit Service Inspection and Test Report to COR.

B. Annual Schedule

1. Conduct Semi-Annual PM service

2. Engine Air Cleaner Elements – Replace.

3. Engine Crankcase Breather – Clean.

4. Engine Oil Sample - Obtain and perform analysis. Submit report to COR.

5. Engine Oil and Filter – Replace.

6. Fuel Filters and Water Separators – Replace.

7. Obtain fuel sample at day tank and storage tank for analysis.

8. Radiator – Clean (pressure wash).

9. Intake louvers and ducts – Inspect/Clean (pressure wash).

10. Fan Drive Bearing – Lubricate.

11. Magnetic Pickups - Clean/Inspect.

12. Cooling System Coolant Sample - Obtain

13. Cooling System Supplemental Coolant Additive (SCA) - Test/Add

14. Coolant filter – Change if applicable

15. Crankshaft Vibration Damper - Inspect

16. Engine Protective Devices - Check

17. Engine Valve Lash - Inspect/Adjust

18. Turbocharger – Inspect/Check; Check end play and radial clearance on the turbine wheel and shaft.

19. Clean and lubricate fuel pump linkages if applicable.

20. Fan bearing – Inspect/Grease.

21. Clean dust and vacuum all the controls, meters, switching mechanism components, interior buswork, Remote Start control panel, Annunciator and connecting lugs of the

ATS.

22. Inspect/Check buswork and supporting hardware for carbon tracking, cracks, corrosion, or any type of deterioration.

23. Check all control wiring and power cables (especially wiring between or near hinged door) for sign of wear and deterioration.

24. Check the cabinet interior for loose hardware – tighten connections.

C. 2 Year Maintenance Schedule:

1. Conduct the Semi-annual and Annual PM Service.

2. Inspect water pump and seals; replace any worn or defective parts.

3. Clean and inspect the oil cooler.

4. Clean and inspect the after cooler.

5. Generator – Check for moisture, dust, oil, grease, and debris on main stator windings, exciter. Clean as needed

6. Generator bearing – Inspect/Grease (or as recommended by manufacturer).

7. Service or replace the batteries in the Digital Module every two years. (as applicable)

D. 3 Year Maintenance Schedule.

1. Cooling System Coolant – Flush system and replace coolant (Note CAT ELC coolant to be replaced every 12,000 hrs or 6 years).

2. Cooling System thermostat – Replace

3. Belts and hoses – Replace

4. Batteries - Replace

5. Generator Main Stator Winding Temperature (if equipped with winding defectors) –

Check and record main stator winding temperatures with engine under load. NOTE:

Nominal temperature values for stand by units are 180 C (356

F) for the alarm and 205

C

(401 F) for the shutdown.

6. Generator Bearing and Bearing Bracket Temperature (If Equipped) – Check and record all bearing bracket temperatures with the engine under a load. NOTE: Nominal temperature values for the bearing bracket are 85 C (185

F) for the alarm and 95

C

(203 F) for the shutdown.

ATTACHMENT B

Equipment List:

Equipment Manufacturer Hours of operation Model Specifications Location

GENSET # 1 Caterpillar 533 hours 3516/SR4B 1360 Kw / SN: ZAL00233/G4W00321 Utility Room 105

GENSET # 1 Caterpillar 440 hours 3516/SR4B 1360 Kw / SN: ZAL00234/G4W00316 Utility Room 105

GENSET CRIT Caterpillar 171 hours C15/LC6 270 Kw / SN:G6B10785 NOB GENERATOR ROOM

GENSET FAC BLD Caterpillar 180 hours D50-4/C4.4 36 Kw / SN: CAT00C44LN4DO0503 GSO GENERATOR ROOM

SECTION 2 - CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS (MAY

2015), is incorporated by reference (see SF-1449, Block 27A)

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or

Executive Orders -- Commercial Items. (Jun 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation

(FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic

Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)

(Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept

2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct

2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5)

(Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier

Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub.

L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-

Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015)

(31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding

Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award

(Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone

Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15

U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)

(15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15

U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15

U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2015) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C.

644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C.

637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15

U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small

Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul

2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec

2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned

Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies

(Feb 2016) (E.O. 13126).

___ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

___ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.

4212).

___ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul

2014) (29 U.S.C. 793).

___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.

4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National

Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22

U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O.

13627).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O.

12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in

22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration

Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging

Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun

2014) (E.O.s 13423 and 13514).

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

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec

2007) (42 U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal

Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (43) 25.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter

83).

___ (46) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade

Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-

78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19

U.S.C. 3301 note).

_X_ (48) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008)

(E.O.’s, proclamations, and statutes administered by the Office of Foreign

Assets Control of the Department of the Treasury).

___ (49) 52.225-26, Contractors Performing Private Security Functions

Outside the United States (Jul 2013) (Section 862, as amended, of the National

Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov

2007) (42 U.S.C. 5150).

___ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or

Emergency Area (Nov 2007) (42 U.S.C. 5150).

_X_ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items

(Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995)

(41 U.S.C. 4505, 10 U.S.C. 2307(f)).

___ (54) 52.232-33, Payment by Electronic Funds Transfer— System for

Award Management (Jul 2013) (31 U.S.C. 3332).

___ (55) 52.232-34, Payment by Electronic Funds Transfer—Other Than

System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C.

552a).

___ (58) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial

Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (59) 52.223-1 Biobased Product Certification.

__ (60) 52.223-2 Affirmative Procurement of Biobased Products under

Service and Construction contracts.

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

13495)

___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C.

chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May

2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor

Standards -- Price Adjustment (Multiple Year and Option Contracts) (May

2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor

Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor

Standards to Contracts for Maintenance, Calibration, or Repair of Certain

Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor

Standards to Contracts for Certain Services--Requirements (May 2014) (41

U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec

2015) (E.O. 13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit

Organizations. (May 2014) (42 U.S.C. 1792).

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31

U.S.C. 5112(p)(1)).

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

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

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

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

(e)

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct

2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15

U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include

52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014)

(E.O. 13495). Flow down required in accordance with paragraph (1) of

FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.

4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul

2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38

U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National

Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41

U.S.C. chapter 67).

(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015)

(22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter

78 E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract

Labor Standards to Contracts for Maintenance, Calibration, or Repair of

Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract

Labor Standards to Contracts for Certain Services--Requirements (May

2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O.

12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec

2015).

(xvi) 52.225-26, Contractors Performing Private Security Functions

Outside the United States (Jul 2013) (Section 862, as amended, of the

National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit

Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag

Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10

U.S.C. 2631). Flow down required in accordance with paragraph (d) of

FAR clause 52.247-64.

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

(End of Clause)

ADDENDUM TO CONTRACT CLAUSES

FAR AND DOSAR CLAUSES NOT PRESCRIBED IN PART 12

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://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)

http://www.acquisition.gov/far/ http://farsite.hill.af.mil/vffara.htm http://www.statebuy.state.gov/

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

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 original invoices to the office identified in Block 18b of the SF-1449. To constitute a proper invoice, the invoice shall include all the items required by FAR 32.905(e).

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

Invoices for the provided services shall be presented by the 5 th day of the following month.

By email to:

CDJInvoices@state.gov and MedinaR@state.gov

Or by regular mail to the following address: Attention Rene Medina Paseo de la Victoria #3650 Partido Senecú Ciudad Juarez, Mexico 32543 mailto:CDJInvoices@state.gov

(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:

*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.

Date Holiday US/Local

Jan 01 New Year's Day US / Local

Jan 18 Birthday of Martin Luther King, Jr. US

Feb 1 Anniversary of the Mexican Constitution Local

Feb 15 President's Day US

Mar 21 Benito Juarez’s Birthday Local

Mar 24 Holy Thursday Local

Mar 25 Holy Friday Local

May 01 Mexican Labor Day Local

May 05 Anniversary of Battle of Puebla Local

May 10 Mother’s Day Local

May 30 Memorial Day US

Jul 04 Independence Day US

Sep 05 Labor Day US

Sep 16 Mexican Independence Day Local

Oct 10 Columbus Day US

Nov 02 All Soul’s Day Local

Nov 11 Veterans Day US

Nov 21 Anniversary of Mexican Revolution Local

Nov 24 Thanksgiving Day US

Dec 26 Christmas US / Local

(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 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 Deputy Facility Manager Rene Medina

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

(a) The contractor warrants the following:

(1) That is has obtained authorization to operate and do business in the country or countries in which this contract will be performed;

(2) That is has obtained all necessary licenses and permits required to perform this contract; and,

(3) That it shall comply fully with all laws, decrees, labor standards, and regulations of said country or countries during the performance of this contract.

(b) If the party actually performing the work will be a subcontractor or joint venture partner, then such subcontractor or joint venture partner agrees to the requirements of paragraph

(a) of this clause.

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT (DEC 2010)

(a) During the term of this contract, the Contractor shall post a notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2 (d) and (f).

(1) Physical posting of the employee notice shall be in conspicuous places in…