Solicitation_19NP4026Q0027.pdf

SBU - CONTRACTING AND ACQUISITIONS

TABLE OF CONTENTS

SECTION 1 - THE SCHEDULE

• SF 1449 cover sheet

• Continuation To SF-1449, RFQ Number 19NP4026Q0027, Prices, Block 23

• Continuation To SF-1449, RFQ Number 19NP4026Q0027, 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

SECTION 5 - REPRESENTATIONS AND CERTIFICATIONS

• Offeror Representations and Certifications

• Addendum to Offeror Representations and Certifications - FAR and DOSAR

Provisions not Prescribed in Part 12

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

PR16095681

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

19NP4026Q0027

6. SOLICITATION ISSUE

DATE

Jul-08-2026

7. FOR SOLICITATION

INFORMATION CALL

a. NAME

Sanju Gurung

b. TELEPHONE NUMBER(No collect calls)

014234165

8. OFFER DUE DATE/

LOCAL TIME

Aug-7-2026, 17:00 Hrs

9. ISSUED BY CODE

10. THIS ACQUISITION IS

American Embassy Kathmandu Bramha Cottage, Narayan Gopal Sadak, Maharajgunj, Kathmandu

UNRESTRICTED

SET ASIDE: % FOR

SMALL BUSINESS EMERGING SMALL BUSINESS

HUBZONE SMALL BUSINESS SMALL BUSINESS

SERVICE-DISABLED VETERAN OWNED 8(A)

NAICS: 238220

SIZE STD:

11. DELIVERY FOR FOB 12. DISCOUNT

TERMS

13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

DESTINATION UNLESS BLOCK IS MARKED

SEE SCHEDULE

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO: Code 16. Administered by:

American Embassy Kathmandu Attn: General Services Officer Maharajgunj, Kathmandu Email (ktmcontracts@state.gov)

General Services Officer American Embassy Kathmandu Bramha Cottage, Narayan Gopal Sadak, Maharajgunj, Kathmandu

17.a. CONTRACTOR/OFFEROR CODE FACILITY CODE

18a. PAYMENT WILL BE MADE BY Financial Management Officer American Embassy Kathmandu Bramha Cottage, Narayan Gopal Sadak, Maharajgunj, Kathmandu

17b CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS

IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS

BLOCK BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTIT

Y

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT in US$

1. Supply, Installation and Commissioning of Uninterruptible Power Supply (UPS) Systems

SAM registration is mandatory for this solicitation. A valid SAM registration is condition for award. For SAM registration please visit http://www.sam.gov

(Use Reverse and/or Attach Additional Sheets as Necessary)

1 ALL

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT

ATTACHED.

27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

mailto:ktmcontracts@state.gov https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.sam.gov%2F&data=05%7C01%7CGurungS10%40state.gov%7C8a3dc67909cc40a228fd08da76966e6a%7C66cf50745afe48d1a691a12b2121f44b%7C0%7C0%7C637952685714918519%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=OeI2oVgRs70epidnj1s7kDD%2Bvf%2FzWXPwoIQWnRlA1dQ%3D&reserved=0

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

__2___ COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON

ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED HEREIN..

29. AWARD OF CONTRACT: REF. _________________

OFFER DATED _______________. YOUR OFFER ON

SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS

OR CHANGES WHICH ARE SET FORTH HEREIN, IS

ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or Print)

William J Miskelly

31c. DATE SIGNED

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449

19NP4026Q0027

PRICES, BLOCK 23

I. PERFORMANCE WORK STATEMENT

A. The purpose of this firm fixed price purchase order is to for Supply, Installation and

Commissioning of Uninterruptible Power Supply (UPS) Systems in accordance with

SOW.

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

QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

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

The role of the Government is to monitor quality to ensure that contract standards are achieved.

Performance Objective Scope of Work

Paragraphs Performance Threshold

Services.

Performs all Supply, Installation and Commissioning of Uninterruptible Power Supply (UPS) Systems at US Embassy Nepal services set forth in the scope of work.

A thru B All required services are performed and no more than one customer complaint is received per month.

1. SURVEILLANCE. The COR will receive and document all complaints from Government personnel regarding the services provided. If appropriate, the COR will send the complaints to the Contractor for corrective action.

2. STANDARD. The performance standard is that the Government receives no more than one

(1) customer complaint 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

JAMES ZADROGA 9/11 VICTIMS HEALTH AND COMPENSATION ACT OF

2010 NOTICE: UNLESS A WAIVER OR EXCEPTION APPLIES, PAYMENTS

SUBSEQUENT TO THIS PROCUREMENT ARE SUBJECT TO AN EXCISE

TAX OF 2% PERSUANT TO 26 U.S.C. 5000C.

https://www.acquisition.gov/far/52.212-4

52.212.4, Contract Terms and Conditions - Commercial Products and Commercial Services (NOV 2023), if any of the services exceed the standard.

3. PROCEDURES.

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

(b) The COR will complete appropriate documentation to record the complaint.

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

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

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

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

(g) The COR will consider complaints as resolved unless notified otherwise by the complainant.

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

II. PRICING

The contractor shall include VAT as a separate charge on the invoice and as separate line items.

The rates below include all costs associated with providing preventive maintenance services in accordance with the attached scope of work, and the manufacturer’s warranty including materials, labor, insurance (see FAR 52.228-4 and 52.228-5), overhead, profit and GST (if applicable).

CLIN Description type of services

No. of good/servi ce

Unit price / service ($)

Total per year

Eaton 9355 15kVA Tower UPS units or equivalent (specification in SOW page

Supply, Installation and Commissioning of Uninterruptible Power Supply (UPS) Systems

003 Applicable 13% VAT

Total cost https://www.acquisition.gov/far/52.212-4

Pricing must be in NPR and/or USD.

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. Local law dictates the portion of the contract price that is subject to VAT; this percentage is multiplied only against that portion. It is reflected for each performance period. The portions of the solicitation subject to VAT are:

NOTICE TO PROCEED

After Contract award and submission of acceptable insurance certificates and copies of all applicable licenses and permits, the Contracting Officer will issue a Notice to Proceed. The Notice to Proceed will establish a date (a minimum of ten (10) days from date of Contract award unless the Contractor agrees to an earlier date) on which performance shall start.

CONTINUATION TO SF-1449,

RFQ NUMBER 19NP4026Q0027

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

Statement of work (SOW)

I. BACKGROUND

The U.S. Embassy Nepal currently operates with a non-functional 20kVA Riello UPS that has been bypassed for over 2 years following a power event. The existing system lacks adequate battery backup capabilities, leaving critical systems vulnerable to frequent power fluctuations and outages. An International Maintenance Assistance Program (IMAP) assessment identified the need for replacement UPS systems to ensure continuous power protection for embassy operations.

II. OBJECTIVE

The objective of this Statement of Work is to procure, install, and commission two (2) Eaton 9355 15kVA Tower UPS or equivalent units in a paralleled configuration with internal batteries to provide reliable, redundant power protection for critical loads at the U.S. Embassy Nepal chancery building.

III. SCOPE OF WORK

The Contractor shall provide all labor, materials, equipment, tools, supervision, and transportation necessary to complete the following tasks:

3.1 Equipment Procurement

The Contractor shall procure the following equipment:

• Two (2) Eaton 9355 15kVA Tower UPS units or equivalent with the following specifications:

o Rated for operation at 1,400 meters (4,600 feet) elevation o Input voltage: 400V, 50Hz frequency o Internal battery cabinets included with each unit o Parallel configuration capability

• Parallel communication kit for synchronizing both UPS units

• Seismic mounting kits for both UPS units and battery cabinets (earthquake-rated for Kathmandu region)

• All necessary cables, breakers, and accessories as specified in manufacturer installation guidelines

3.2 Pre-Installation Requirements

Prior to equipment installation, the Contractor shall:

• Conduct power quality analysis of incoming power at the installation site to verify compatibility and identify any additional power conditioning requirements

• Inspect and assess the installation location (closet across from Ground Floor North Wing Electrical Room 1181) for:

o Adequate space for two tower units o Proper ventilation requirements o Structural capacity for seismic mounting o Environmental conditions (temperature, humidity)

• Repair or replace the non-functional ventilation fan in the UPS closet ceiling to ensure adequate cooling

• Verify proper cable sizing and overcurrent protection in accordance with manufacturer specifications and National electrical codes

3.3 Installation and Configuration

The Contractor shall:

• Install both Eaton 9355 15kVA UPS units in accordance with manufacturer installation guidelines, including:

o Proper cable sizing and routing o Overcurrent protection devices o Grounding and bonding o Environmental considerations for elevation (1,400m)

• Install seismic mounting kits to secure UPS units and battery cabinets to the floor in compliance with earthquake safety requirements

• Configure parallel operation of both UPS units, including:

o Installation of parallel communication cables o Load balancing configuration o Redundancy settings (N+1 configuration) o Synchronization of output voltage and frequency

• Connect critical loads (perimeter/exterior lighting and other designated systems) to the UPS output

• Install monitoring and control interfaces for centralized management of both units

3.4 Testing and Commissioning

The Contractor shall perform comprehensive testing, including:

• Factory acceptance testing prior to shipment

• Site acceptance testing includes:

o Input/output voltage and frequency verification o Load transfer testing (utility to battery, battery to utility) o Parallel operation verification o Redundancy failover testing (simulate single unit failure) o Battery discharge test (minimum 5 minutes at rated load) o Alarm and monitoring system verification o Infrared scanning of all connections under load

• Documentation of all test results with pass/fail criteria

3.5 Training

The Contractor shall provide on-site training for embassy Facility Management staff, including:

• Operation training: Normal startup/shutdown procedures, monitoring, alarm response

• Basic maintenance training: Battery maintenance, filter cleaning (if applicable), visual inspections

• Emergency procedures: Manual bypass operation, troubleshooting common issues

• Training materials: User manuals, maintenance checklists, emergency contact information

3.6 Documentation and Deliverables

The Contractor shall provide the following documentation:

• As-built drawings showing final installation configuration, cable routing, and connection diagrams

• Equipment specifications and data sheets for all installed equipment

• Manufacturer warranties for UPS units, batteries, and accessories

• Operation and maintenance manuals in English

• Test reports and commissioning documentation

• Recommended spare parts list with part numbers and suppliers

• Preventive maintenance schedule aligned with manufacturer recommendations

IV. TECHNICAL SPECIFICATIONS

4.1 UPS System Requirements

• Manufacturer/Model: Eaton 9355 15kVA Tower (or approved equal)

• Configuration: Two units in parallel (N+1 redundancy)

• Total System Capacity: 30kVA (15kVA per unit)

• Input Voltage: 400V ±10%, 3-phase, 50Hz

• Output Voltage: 400V, 3-phase, 50Hz (configurable)

• Power Factor: ≥0.9

• Battery Backup Time: Minimum 10 minutes at full load (15kVA per unit)

• Operational Elevation: Rated for 1,400 meters minimum

• Efficiency: ≥90% at rated load

• Communication: SNMP, RS-232, or equivalent for remote monitoring

• Display: LCD or LED display showing input/output parameters, battery status, alarms

4.2 Environmental Requirements

• Operating Temperature: 0°C to 40°C (derated for elevation if necessary)

• Storage Temperature: -25°C to 55°C

• Humidity: 0-95% non-condensing

• Seismic Rating: Suitable for earthquake-prone regions

• Ventilation: Adequate cooling with functional ventilation fan

4.3 Safety and Compliance

• Standards Compliance: IEC 62040-1, IEC 62040-2, or equivalent UL/NEMA standards

• Seismic Compliance: IBC seismic requirements or equivalent

• Electrical Codes: Installation shall comply with NEC (National Electrical Code) and local electrical codes

• Safety Features: Overload protection, short circuit protection, over-temperature protection, battery management system

V. SITE CONDITIONS

• Location: U.S. Embassy Kathmandu, Nepal

• Installation Site: Closet across from Ground Floor North Wing Electrical Room 1181

• Power Conditions: Frequent voltage fluctuations, power events, and outages

• Seismic Zone: High earthquake risk area

• Existing Infrastructure: 400V, 3-phase, 50Hz electrical service; existing UPS closet with limited space

VI. CONTRACTOR QUALIFICATIONS

The Contractor shall:

• Be an authorized distributor of EATON or equivalent UPS system and certified installer with demonstrated experience installing Eaton 9355 UPS or equivalent systems

• Have minimum five (5) years of experience in installing and commissioning paralleled UPS systems

• Provide references from at least three (3) similar projects, preferably at Government facilities, Hospitals, or Large scale Hotels

• Employ factory-trained technicians certified by Eaton or equivalent for installation and commissioning

• Maintain adequate insurance coverage including general liability and workers' compensation

• Comply with all U.S. Embassy security and access requirements

VII. PERIOD OF PERFORMANCE

• Procurement: Within 60 days of contract award

• Installation and Commissioning: Within 30 days of equipment delivery to site

• Total Performance Period: Not to exceed 120 days from contract award

VIII. WARRANTY REQUIREMENTS

• UPS Units: Minimum two (2) years manufacturer warranty covering parts and labor

• Batteries: Minimum two (2) years manufacturer warranty with pro-rated replacement

• Installation Workmanship: Minimum one (1) year warranty on all installation work

• On-site Response: Contractor shall provide contact information for warranty service and emergency support

IX. SPECIAL CONSIDERATIONS

• Security Clearance: All contractor personnel must obtain appropriate security clearances and comply with embassy access procedures

• Coordination: Contractor shall coordinate all work with the Facility Manager to minimize disruption to embassy operations

• Power Outages: Installation work requiring power shutdowns must be scheduled in advance and approved by the Facility Manager

• Load Review: Prior to final connection, contractor shall review and verify the electrical load to be protected by the UPS system

• Spare Parts: Contractor shall recommend and provide pricing for recommended spare parts inventory

X. ACCEPTANCE CRITERIA

The work shall be considered complete and acceptable when:

• All equipment is installed in accordance with manufacturer specifications and this SOW

• All testing has been successfully completed with documented results

• Both UPS units operate in parallel configuration with proper load sharing and redundancy

• Network communication (SNMP or equivalent) is operational and successfully transmitting real-time status data from both UPS units to the designated monitoring workstation, with alarm notifications verified and functional.

• Training has been completed for embassy staff

• All required documentation has been delivered

• The Facility Manager has inspected and accepted the installation

• Final acceptance is documented in writing by the Contracting Officer's Representative

(COR)

XI. CONTRACT TYPE

This contract will be of fixed price type. Interested contractors will be responsible to submit a detailed package with description of the entire works proposed & cost estimate that covers for all labor and material

XII. CONTENT OF PROPOSAL FROM CONTRACTORS

The proposal from the contractor should include the following :

Provide cost for the work specified in 3.0 SCOPE OF WORK

• Documentation on prior experience in related type work or project

• A work plan taking into account all work elements in the SOW

• Its plan to obtain all commercial licenses and permits required by local law. If offeror already possesses the locally required licenses and permits, a copy shall be provided.

• Documentation:

The contractor must submit evidence of licensing, relevant project experience, and personnel qualifications as part of their proposal. Failure to provide adequate documentation may result in disqualification.

• Plan of ensuring quality of services including but not limited to contract administration and oversight;

o If insurance is required by the solicitation, a copy of the Certificate of Insurance(s), or o statement that the Contractor will get the required insurance, and the name of the insurance provider to be used.

• Emergency support plan, including o Commitment to provide emergency assistance within 48 business hours of COR contact o Hourly rate for emergency support services

XIII. PROJECT SCHEDULE

• Work hours will be from 08:00am to 17:00pm Monday through Friday or as advised by the COR depending on the situation to do after hours or on weekend.

• Contractor should provide proposed work schedule and time frame to Embassy during submission of proposal.

• The start date will be determined by the Embassy and communicated to the Contractor before 2 working days on scheduled start.

• The shut down schedule will be during the holidays or off hours, which should be coordinated and pre-planned in coordination with the Facility Manager(FM) and Contractor Officer Representative(COR)

• Validity of proposal depends on vetting period. Notice to Proceed (NTP) will be issued once the contractor gets security vetting and insurance.

• The PMSC period of project is estimated to be 1 year with 4 option year.

• All the queries should be sent to US Embassy GSO Procurement Officer Mr. Mahesh Pudasaini (PudasainiMK@state.gov) and answers / clarification will be forwarded to all contractors for consideration in writing.

• The COR for the project will be the Electrical Engineer Supervisor and the two TEP members will be the BAS Engineering Technician and the Facility Manager.

XIV. SELECTION CRITERIA

Contractors will be selected based upon their prior work experiences, cost estimates, availability of sufficient technical personnel to manage project and or specialty of work -specialized certifications, OEM authorizations and other unique qualifications.

XV. PAYMENT PROCESS

The contractor will be paid upon completion of each scheduled servicing. As this is an Annual PMSC, payments will be made once per year, subject to satisfactory completion of services as determined by the Government. Payment will be made 30 days after the submission of the bill.

VAT shall be charged as applicable.

XVI. SAFETY

The Service Contractor shall take all reasonable and proper safety precautions to prevent death or injury to any person or damage to any property at the US Embassy Kathmandu, Nepal Compound and in particular all equipment used by the Service Contractor shall be used in such a manner and maintained so as to minimize the danger of accident, death, injury, loss or damage arising from the use of such equipment. In addition to relevant statutory requirements, standards and other provisions of this Contract, the Service Contractor shall have the following requirements:

1. Detail Safety Plan and Working Methodology must be submitted by the contractor after contract is awarded. POSHO will review and approve contractor’s Safety Plan and Working Methodology.

2. The Contractor shall prepare and include an Activity Hazard Analyses (AHA) in the Safety Plan, for high hazard work prior to the start of work. POSHO will review and approve contractor’s Safety Plan including AHA. Work will not start unless Safety Plan with AHA are approved by FM/POSHO. Minimum AHA are required for:

i. Use of Portable Ladder (Straight/Step-ladder)

ii. Electrical safety work by de-energizing the Generator (Lock-out/Tag-out)

3. The Contractor shall refer to the: U.S. Army Corps of Engineers Safety and Health Requirements Manual EM 385-1-1 (http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1- 1.pdf ) and Occupational Safety and Health Administration (OSHA) online at www.osha.gov as the source of minimum standards for the safety and health program at post construction and service projects respectively.

4. More information on writing an AHA can be found in these sites:

i. AHA guide:

https://www.safetyworksmaine.gov/safe_workplace/safety_management/hazard_analysis.html

ii. Berkeley educational website:https://ehs.berkeley.edu/job-safety-analysis-jsas-listed-topic

5. The Contractor shall be responsible for conducting the work in a manner that ensures the safety of employees and visitors at the US Embassy, and the Contractor’s employees.

6. The Contractor shall be solely responsible for risk assessments, managing health, and safety issues associated with this project.

7. Contractor shall be responsible for any mishaps, injuries or accidents which occur during the project.

8. Any mishaps and near misses involving contractor’s employees must be reported to the COR and FM/POSHO or A-POSHO within 8 hours.

9. Based on hazard assessments, Contractors shall provide or afford each affected employee personal protective equipment (PPE) that will protect the employee from hazards. At a minimum PPE shall consist of safety glasses and/or goggles for eye protection, hard hats for head protection, and closed toe shoes. Closed shoes with steel toe are mandatory for employees using power actuated tools like jack hammer, pick for excavation, axe for cutting trees, and for work that requires lifting heavy materials. Sandals or athletic shoes are not acceptable. PPE such as gloves, dust masks, ear buds, and face shield are recommended. These items must be provided at the Contractor’s expense. All contractor personnel shall wear hard hats, safety glasses, ear-plugs, gloves, close-toes shoes and any other Personal Protection Equipment deemed necessary by the COR and Facility Manager/POSHO or A-POSHO.

10. Workers may use discretion if they feel unsafe in using the equipment in a hostile environment.

11. Any worker at an elevated location above 1.8 meters (6 feet), with the exception of a portable ladder, must be provided and utilize a safety harness with lanyard. These items must be in good condition and free from cuts and damages.

12. Scaffoldings should be provided by Contractors for working at heights. Fall harness should also be provided.

13. Welders must have proper PPE: welding goggles/mask, leather gloves, apron or welding jacket that is fire rated. Dedicated fire extinguisher should be on the vicinity of work site. Fire curtain should be used not to expose welding sparks to others. Welding Blanket should be used to protect adjacent combustible materials on the job site that cannot be relocated. Contractor must submit Hot Work Permit (attached) before starting the hot work.

14. Contractor must use external Air-Blower machine with flexible duct to remove fumes produced during Hot Work in the work area.

15. All electrical equipment such as drilling machine, welding machine, portable grinder, power strips and electrical extension cords must be in good working condition, properly grounded and be free from any cuts/defects on the insulation cover. Three pin plugs should be used instead of live wire while plugging on the power outlets.

16. Use wooden or fiber ladders instead of metal ladders while working on electricity.

17. Contractor shall keep the site clean and organized on daily basis.

18. The COR or GTM reserves the right to stop the work if any unsafe contractor conditions are observed or encountered. The Embassy Escort may temporarily stop work for any unsafe action.

19. Contractor employee should attend mandatory safety briefing and training provided by the US Embassy Safety team before starting the project.

20. The Contactor must have a competent person on-site for inspection of equipment, training workers in the safe use of equipment and the recognition of hazards related to their use, supervision, and identifying and correcting unsafe work practices for high hazard work.

21. Job site should be barricade with “Caution tape”.

22. Contractor is responsible for proper disposal of toxic substances where applicable.

23. The Service Contractor’s personnel shall be knowledgeable with and adhere to all relevant occupational health and safety legislation and MSDS sheets.

24. All electrical equipment and associated materials for the Services Contract comply with UL requirements.

25. Follow all NFPA guidelines against fire, production of smoke or the venting of any noxious substances

26. Ensure that the Service Contractor’s personnel comply with all safety procedures and requirements

27. Ensure that the Service Contractor’s personnel are adequately trained and instructed in the safe and correct usage, handling and operation of materials and equipment relevant to the Services and provide reasonable proof of such to the US Embassy Facility Management staff on request.

28. Ensure the Service Contractor’s personnel are certified as having completed occupational health and safety training and have been issued all the necessary Personal Protection Equipment (PPE) required for safe implementation of this contract.

SECTION 2 - CONTRACT CLAUSES

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(DEVIATION) (JAN 2026) IS INCORPORATED BY REFERENCE. (SEE SF-

1449, BLOCK 27A) https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_212_4

52.212-5 [Reserved]

52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND

REPRESENTATION (FEB 2021)

(a) Definitions. As used in this clause—

Foreign person means any person other than a United States person.

United States person, as defined in 26 U.S.C. 7701(a)(30), means–

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C.

7701(a)(31)); and

(5) Any trust if-

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) This clause applies only to foreign persons. It implements 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c)

(1) If the Contractor is a foreign person and has only a partial or no exemption to the withholding, the Contractor shall include the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, with each voucher or invoice submitted under this contract throughout the period in which this https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_212_4 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_212_4 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_212_5 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section7701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section7701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section7701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim status is applicable. The excise tax withholding is applied at the payment level, not at the contract level. The Contractor should revise each IRS Form W-14 submission to reflect the exemption (if any) that applies to that particular invoice, such as a different exemption applying. In the absence of a completed IRS Form W-14 accompanying a payment request, the default withholding percentage is 2 percent for the section 5000C withholding for that payment request. Information about IRS Form W-14 and its separate instructions is available via the internet at www.irs.gov/w14.

(2) If the Contractor is a foreign person and has indicated in its offer in the provision 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation, that it is fully exempt from the withholding, and certified the full exemption on the IRS Form W-14, and if that full exemption no longer applies due to a change in circumstances during the performance of the contract that causes the Contractor to become subject to the withholding for the 2 percent excise tax then the Contractor shall–

(i) Notify the Contracting Officer within 30 days of a change in circumstances that causes the Contractor to be subject to the excise tax withholding under 26 U.S.C. 5000C; and

(ii) Comply with paragraph (c)(1) of this clause.

(d) The Government will withhold a full 2 percent of each payment unless the Contractor claims an exemption. If the Contractor enters a ratio in Line 12 of the IRS Form W-14, the result of Line 11 divided by Line 10, the Government will withhold from each payment an amount equal to 2 percent multiplied by the contract ratio. If the Contractor marks box 9 of the IRS Form W-14 (rather than completes Lines 10 through 12), the Contractor must identify and enter the specific exempt and nonexempt amounts in Line 15 of the IRS Form W-14; the Government will then withhold 2 percent only from the nonexempt amount. See the IRS Form W-14 and its instructions.

(e) Exemptions from the withholding under this clause are described at 26 CFR 1.5000C- 1(d)(5) through (7). Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue.

(f) Taxes imposed under 26 U.S.C. 5000C may not be—

(1) Included in the contract price; nor

(2) Reimbursed.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS https://www.irs.gov/w14 https://www.acquisition.gov/far/52.229-11#FAR_52_229_11 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

(End of clause) https://www.irs.gov/help/tax-law-questions

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. In addition, the full text of a clause may be accessed electronically at: Acquisition.gov or Revolutionary FAR Overhaul. Note that this address is subject to change.

If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use the Department of State Acquisition website at e-CFR to see the links to the FAR. You may also use an Internet “search engine” (for example, Google, Microsoft Bing or Yahoo) to obtain the latest location of the most current FAR.

THE FOLLOWING FEDERAL ACQUISITION REGULATIONS (FAR) CLAUSES ARE

INCORPORATED BY REFERENCE:

CLAUSE TITLE AND DATE

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

(JAN 2011)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (DEVIATION)

(JAN 2026)

52.204-18 [Reserved]

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING

WITH CONTRACTORS DEBARRED, SUSPENDED, PROPOSED FOR

DEBARMENT, OR VOLUNTARILY EXCLUDED (DEVIATION) (JAN 2026)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS MAINTENANCE (DEVIATION) (JAN 2026)

52.222-19 CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES

(DEVIATION) (FEB 2026)

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF

CONTRACT (FEB 2000)

52.228-3 WORKERS’ COMPENSATION INSURANCE (DEFENSE BASE ACT)

52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION

https://acquisition.gov/browse/index/far https://www.acquisition.gov/far-overhaul/far-part-deviation-guide https://gov.ecfr.io/cgi-bin/text-idx?SID=d9a7851186785ba2b1896db79b1b6b29&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl

52.229-6 TAXES - FOREIGN FIXED PRICE CONTRACTS

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD

MANAGEMENT (OCT 2018)

52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER-OTHER THAN SYSTEM

FOR AWARD MANAGEMENT (JUL 2013)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (MAR 2023)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (DEVIATION)

(JAN 2026)

52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (DEVIATION) (JAN 2026)

THE FOLLOWING DOSAR CLAUSES ARE PROVIDED IN FULL TEXT:

652.204-70 DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARD

ISSUANCE (FEB 2015)

(a) The Contractor shall comply with the Department of State (DOS) Personal Identification Card Policy and Procedures for all employees performing under this contract who require frequent and continuing access to DOS facilities, or information systems. The Contractor shall insert the substance of this clause in all subcontracts when the subcontractor's employees will require frequent and continuing access to DOS facilities, or information systems.

(b) The DOS Personal Identification Card Policy and Procedures may be accessed at http://www.state.gov/m/ds/rls/rpt/c21664.htm.

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)

652.225-71 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 carrier of Israel, or by a route other than that prescribed by the boycotting country or the recipient of the shipment;

(2) Complying or agreeing to comply with import and shipping document requirements with respect to the country of origin, the name of the carrier and route of shipment, the name of the supplier of the shipment or the name of the provider of other services, except that no information knowingly furnished or conveyed in response to such requirements may be stated in negative, blacklisting, or similar exclusionary terms, other than with respect to carriers or route of shipments as may be permitted by such regulations in order to comply with precautionary requirements protecting against war risks and confiscation;

(3) Complying or agreeing to comply in the normal course of business with the unilateral and specific selection by a boycotting country, or national or resident thereof, of carriers, insurance, suppliers of services to be performed within the boycotting country or specific goods which, in the normal course of business, are identifiable by source when imported into the boycotting country;

(4) Complying or agreeing to comply with the export requirements of the boycotting country relating to shipments or transshipments of exports to Israel, to any business concern of or organized under the laws of Israel, or to any national or resident of Israel;

(5) Compliance by an individual or agreement by an individual to comply with the immigration or passport requirements of any country with respect to such individual or any member of such individual’s family or with requests for information regarding requirements of employment of such individual within the boycotting country; and,

(6) Compliance by a U.S. person resident in a foreign country or agreement by such person to comply with the laws of that country with respect to his or her activities exclusively therein, and such regulations may contain exceptions for such resident complying with the laws or regulations of that foreign country governing imports into such country of trademarked, trade named, or similarly specifically identifiable products, or components of products for his or her own use, including the performance of contractual services within that country, as may be defined by such regulations.

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 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).

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

Finance Management Office US Embassy, Maharajgunj Kathmandu, Nepal

(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

(FEB 2015)

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

Date Day Event

(A) January 01, 2026 Thursday New Year’s Day

(A) January 19, 2026 Monday Birthday of Martin Luther King Jr./ Sonam

Lohsar

(A) February 16, 2026 Monday Washington’s Birthday

(N) March 02, 2026 Monday Holi Purnima

(N) April 14, 2026 Tuesday Nepali New Year

(N) May 01, 2026 Friday Buddha Jayanti/International Labor Day

(A) May 25, 2026 Monday Memorial Day

(A) June 19, 2026 Friday Juneteenth National Independence Day

(A) July 03, 2026 Friday Independence Day

(N) September 04, 2026 Friday Shree Krishna Janmastami

(A) September 07, 2026 Monday Labor Day

(A) October 12, 2026 Monday Columbus Day

(N) October 19, 2026 Monday Astami (Dashain)

(N) October 20, 2026 Tuesday Nawami (Dashain)

(N) October 21, 2026 Wednesday Dashami (Dashain)

(N) October 22, 2026 Thursday Ekadashi (Dashain)

(N) November 09, 2026 Monday Gai Puja (Tihar)

(N) November 10, 2026 Tuesday Gobardhan Puja (Tihar)

(A) November 11, 2026 Wednesday Veterans Day/Bhai Tika (Tihar)

(A) November 26, 2026 Thursday Thanksgiving Day

(A) December 25, 2026 Friday Christmas Day

Note: (A) = American Holiday

(N) = Nepali Holiday

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

(b) When New Year’s Day, Independence Day, Veterans Day or Christmas Day falls on a Sunday, the following Monday is observed; if it falls on Saturday the preceding Friday 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 contractors 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.

The COR for this contract is Electrical Engineer Supervisor.

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.

652.243-70 NOTICES (AUG 1999)

Any notice or request relating to this contract given by either party to the other shall be in writing.

Said notice or request shall be mailed or delivered by hand to the other party at the address provided in the schedule of the contract. All modifications to the contract must be made in writing by the Contracting Officer.

SECTION 3 - SOLICITATION PROVISIONS

52.212-1 INSTRUCTIONS TO OFFERORS -- COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023) IS INCORPORATED BY REFERENCE

(SEE SF-1449, BLOCK 27A)

ADDENDUM TO 52.212-1

A. Summary of Instructions. Each offer must consist of the following:

A.1. A completed solicitation, in which the SF-1449 cover page (blocks 12, 17, 19-24,…