Solicitation 22R0088.pdf

SOLICITATION

DOCUMENT

Power System Maintenance Services U.S. Consulate General Frankfurt, Germany

Solicitation No. 19GE5022R0088

U.S. Consulate General Frankfurt Regional Procurement Support Office Giessenerstrasse 30 60435 Frankfurt am Main, Germany

19GE5022R0088

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

19GE5022R0088

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

07/15/2022

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Nadja U. Reinmueller

b. TELEPHONE NUMBER (No collect calls)

c. EMAIL ReinmuellerNU@state.gov

8. OFFER DUE DATE / LOCAL

TIME

CODE FRANK

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

60435, FRANKFURT, GERMANY

9. ISSUED BY UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

X

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

MULTICODE15. DELIVER TO

SEE

SEE TEXT

NOTE TO VENDOR

Multi, XX 00000

CODE OPEAQM16. ADMINISTERED BY

RPSO Frankfurt OPE/AQM/IP/RPSO Frankfurt Office of Acquisition (AQM) Frankfurt

FACILITY

CODE

CODE

Contact UEI:

Telephone No.

17a. CONTRACTOR/

OFFEROR

OPEAQMCODE18a. PAYMENT WILL BE MADE BY

AMERICAN EMBASSY BERLIN

CLAYALLEE 170

ATTN: FMC

14191, BERLIN, GERMANY

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

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

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

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

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Line Items Section

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X 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

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 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.

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 THE CONTRACTING OFFICER (TYPE OR PRINT) Nicolas Wilhelm

31c. DATE SIGNED 07/15/2022

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

CGFS // CGFS

19GE5022R0088

Line Item Summary

Solicitation Number:

19GE5022R0088

Contract Number: Title: FRA - Prev. Maint. of Power System Back-Up Equip.

Date of Solicitation:

07/15/2022

Line Item No.

Description Quantity Unit Unit Price Total Cost

001 BASE YEAR

Maintenance & Emergency Hotline Services in accordance with Section IV Statement of Work Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

12.00 MO

002 FIRST OPTION YEAR

Maintenance & Emergency Hotline Services in accordance with Section IV Statement of Work Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

12.00 MO

003 SECOND OPTION YEAR

Maintenance & Emergency Hotline Services in accordance with Section IV Statement of Work Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

12.00 MO

004 THIRD OPTION YEAR

Maintenance & Emergency Hotline Services in accordance with Section IV Statement of Work Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

12.00 MO

005 FOURTH OPTION YEAR

Maintenance & Emergency Hotline Services in accordance with Section IV Statement of Work Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

12.00 MO

19GE5022R0088 Frankfurt, Germany Power System Maintenance Services Page 4 of 64

TABLE OF CONTENTS

Section 1 – The Schedule

* SF 1449 cover sheet

* Continuation To SF-1449, Prices, Block 23

* Continuation To SF-1449, Schedule Of Supplies / Services, Block 20 Description /

Specifications / Work Statement

Attachment 1 Pricing Attachment 2 Past Performance and Experience Attachment 3 Key Personnel Attachment 4 W-14 Certificate of Foreign Contracting Party

Exhibit A Emergency Power Exhibit B low medium voltage switchgear and associated equipment Exhibit C Equipment listing 2022 Breaker Exhibit D POST De-Energized Work LOTO Policy

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

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SECTION 1 – THE SCHEDULE

CONTINUATION TO SF-1449

PRICES – BLOCK 23

I BACKGROUND / SCOPE OF SERVICES

A. The US Consulate General Frankfurt requires preventive maintenance and on-call emergency hotline services (including spare parts) on its emergency power and low/medium voltage switchgear.

The Contractor shall provide the Preventive Maintenance services, as described in Section 1, Sub Section IV Specifications / Statement of Work.

This is a firm fixed price contract payable entirely in the currency indicated by the Contractor in Sub-Section 1.III.C.

NOTE: If the equipment or part of the equipment listed in paragraph IV becomes unusable or is replaced during the contract period, the contract may be cancelled or the contractor may be required to continue performance of the reduced services at a price to be negotiated at the time and to be incorporated into the contract by bilateral modification.

B. MINIMUM (Reference Section I, Clause 52.216-22(b))

During the term of this contract, the Government shall order, as a minimum, services in an amount of at least $5,000.00 or equivalent in local currency.

The Government makes no guarantee as to the number of orders or actual amount of services that will be requested above the guaranteed minimum of $5,000.00 or equivalent in local currency.

The maximum dollar value during the entire life of this contract is $2,600,000.00.

II ACRONYMS AND ABBREVIATIONS

Acronym Definition

CLIN Contract Line Item Number

CO

Contracting Officer

COR

Contracting Officer Representative

DOS Department of State

DS Diplomatic Security

FMO Financial Management Officer

LS Lump Sum

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O&M Operations & Maintenance

PII

Personally Identifiable Information

QA

Quality Assurance

QCP Quality Control Plan

QTY

Quantity

RSO Regional Security Office

SBU Sensitive but Unclassified

SOW

Statement of Work

TBD

To be determined

USG

U.S. Government

III PRICES

A.1 The contractor shall complete all work, including furnishing all labor, material, equipment and services, unless otherwise specified herein, required under this contract for the firm fixed unit prices indicated below and within the time specified herein. These individual prices shall include all labor, materials, profit, and, if applicable, value added tax (VAT) and DBA Insurance.

If applicable, insurance required by FAR 52.228-3, Workers’ Compensation Insurance (Defense Base Act), shall be part of the firm fixed-price.

Any costs not separately priced will be considered to be included in the individual prices as overhead or other indirect cost.

No additional sums will be payable on account of any escalation in the cost of materials, equipment or labor, or because of the Contractor's failure to properly estimate or accurately predict the cost or difficulty of achieving the results required by this contract.

Nor will the contract price be adjusted on account of fluctuations in the currency exchange rates. Changes in the contract price will be made only due to changes made by the Government in the work to be performed, or by delays caused by the Government, as determined and approved by the Contracting Officer.

A.2 The currency shall be fixed and cannot be changed by modification to the contract.

A.3. Price Adjustment Based on Laws – The prices may also be adjusted during the performance period of the contract as a result of laws enacted by the host government, if such change in the laws has a direct impact on the cost to the contractor to perform this contract at the contracted rate. In that event, the Contracting Officer may enter into negotiations with the contractor to modify the contract to adjust the price(s). The contractor agrees to provide all documentation necessary to support any requested adjustment.

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B. VAT – if applicable, the contractor shall be responsible for paying to the appropriate authority the applicable rate of Value Added Tax (VAT). Offerors shall identify the VAT as a separate line item. The VAT shall also be a separate cost item on all invoices submitted against task orders under the resulting contract. The contractor will be reimbursed for VAT only up to the amount listed in each task order and upon presentation of proof that VAT has been paid to the host country government. If the contractor receives a VAT refund from the host government he shall re-pay the refund amount to the US Government.

C. Offeror, insert the currency of prices offered __________________

D. Pricing Schedule

The fixed prices for the preventive maintenance services as specified in Section IV are set forth in Attachment 1 – Pricing Schedule (to be submitted by Offeror as part of proposal and made part of the contract with award).

E. Defense Base Act (DBA) Insurance

E.1 DBA insurance is required for all United States citizens or residents and individuals hired in the United States, regardless of citizenship for any construction and services for U. S. overseas contracts over US$10,000.00. Only the countries listed currently on the Department of Labor’s (DOL) Active DBA Waivers are not required to have DBA insurance for Host Country Nationals (HCNs) and Third Country Nationals (TCNs) working overseas.

(See website for country waivers: https://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm).

The waiver is only valid if alternative worker’s compensation benefits are provided to the waived employees pursuant to applicable local law. If there are no local worker’s compensation laws, the waiver has no effect and HCN and TCN (if applicable by local law) working under a U. S. contract shall be included and covered under the DBA.

E.2 The DBA insurance may be obtained from any authorized DBA insurance broker, see

FAR 52.228-3 WORKER’S COMPENSATION INSURANCE (DEFENSE BASE ACT) (APR 1984).

New DBA insurances policies can be purchased directly from any DOL (Department of Labor) approved insurance carrier. A list of DOL approved carriers may be found at http://www.dol.gov/owcp/dlhwc/lscarrier.htm.

E.3 The Contractor will be reimbursed for DBA only to the extent the contractor provides documentary proof that DBA has been paid and only to the extent quoted in Attachment 1 – Pricing.

NOTE: There is a current a DBA insurance waiver for Host Country Nationals (HCNs) and Third Country Nationals (TCNs) in Germany for contracts until January 22, 2023.

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CONTINUATION TO SF-1449

SCHEDULE OF SUPPLIES / SERVICES, BLOCK 20

DESCRIPTION / SPECIFICATIONS / WORK STATEMENT

IV SPECIFICATIONS / STATEMENT OF WORK

1. Description

The US Consulate General Frankfurt requires preventive maintenance and on-call emergency hotline services (including spare parts) on its emergency power and low/medium voltage switchgear. An inventory of all equipment to be serviced is listed in appendix A (Emergency power) and appendix B (low/medium voltage switchgear and associated equipment).

The contractor must follow the latest local/Consulate COVID-19 guidance.

2. Performance Requirements (Maintenance and Service)

The contractor shall provide a qualified work force and sufficient cleared manpower to meet the requirements set forth in the paragraphs below. The contractor shall ensure that the U.S. Government property entrusted to its care is handled in a prompt, accurate, safe and proper manner. The contractor shall ensure that the services required are performed at the best / most efficient dates coordinated with the COR and in a prompt, accurate, safe, and proper manner.

1. Before commencing work, the company must inform itself about technical and functional circumstances on site, and familiarize itself with respective plans and drawings.

2. The designated personnel which should perform the maintenance needs to get a background check by RSO.

3. Staff employed must have know-how / skills in the field of setting up, maintenance and servicing of Siemens switchgears of the types 8DJH, 8DH10 Sivacon, emergency power systems and transformers.

This also includes maintenance / inspection of circuit breakers, medium voltage protection devices Siprotec and transformers.

Certificates confirming respective training and instruction are to be enclosed with the offer.

4. Staff employed must have know-how / skills in the field of setting up, maintenance and servicing of UL and CE certified switchgears, transformers, wiring, KV boxes and power monitoring systems.

(See Exhibit C-Equipment list)

5. Staff employed have respective switching authorization to execute their work up to a voltage level of 36KV.

Certificates confirming respective training and instruction are to be enclosed with the offer.

6. The company commissioned with work provides a 365 days/24h on-call service with a response time of 2h and arrival time of 4h.

7. Procurement of spare parts: short-term procurement of the following original spare parts of the Siemens product series is to be ensured: SIMATIC S5 /S7, PCS7, SIVACON, 8DJH, 8DH10, SENTRON (3WL, 3WE, 3WN).

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8. The company will execute maintenance and inspection in accordance with valid regulations pursuant to DIN VDE 0105-100 (“Operation of Electrical Systems“) and the German Statutory Accident Insurance System DGUV (“Electrical Systems and Operating Resources“). Inspection periods in accordance with legal specifications must be observed.

9. The company will execute maintenance and inspection in accordance with valid regulations pursuant to NEC 2014.

Safety o The contractor is expected to provide a safe working jobsite for all employees as well as passer-bys.

o All work must be carried out by German local, state and federal safety standards, and to the US Army Corps of Engineer Safety and Health Requirements Manual (EM 385-1-1), which ever standard is strictest.

o Contractor must provide a point of contact who is responsible for all safety matters on the site. This person must be readily available, either by phone or in person at any time the project is in progress. The designated safety contact must visit and inspect the site at least 2 days per work week. While the point of contact is off site, there shall be one designated foreman or superintendent in charge of safety issues for both the general contractor and any subcontractors that they employ.

o The name of the company, safety contact, and USG consulate contact, complete with phone numbers shall be listed on a sign (plastic laminate or similar) and hung at each entrance to the building during the work.

o The prime contractor is responsible for providing an on-site first aid kit and fire extinguisher that is readily available to any workers.

o Proper personal protective equipment (PPE) shall be used at all times. This includes proper footwear, clothing, eye protection, gloves, etc. While overhead work is occurring, hard hats must be used.

o All applicable safety signs shall installed by this contractor.

o Scaffold system must provide proper fall protection, toe boards, and meet all applicable standards. Employees working outside of the scaffold system (on the roof, etc.) must have proper fall protection.

o Scaffold system must have a means of safe access for the workers. Likewise, the entrance to the scaffold system must be securable (lockable) as to prevent off-hours access by non-authorized parties.

o The contractor is required to enforce these requirements with their suppliers and sub-contractors.

o No work on energized electrical circuits can occur at any time. All work on electrical circuits shall be performed in accordance with EM 385-1-1 and lock-out/tag-out (LOTO) procedures shall be followed.

19GE5022R0088 Frankfurt, Germany Power System Maintenance Services Page 10 of 64 o Any hot work (welding, torch work, plasma cutting) must be reviewed with and approved by the USG in advance. Proper safety precautions (fire extinguisher, fire watch) are the responsibility of this contractor.

3. Transition Plan

Within 15 calendar days after contract award, the Contracting Officer may ask the contractor to develop a plan for preparing the contractor to assume all responsibilities for preventive maintenance services. The plan shall establish the projected period for completion of all clearances of contractor personnel, and the projected start date for performance of all services required under this contract. The plan shall assign priority to the selection of all supervisors to be used under the contract.

4. MANAGEMENT AND SUPERVISION

4.1. Quality Control shall be the responsibility of the contractor. This shall include assuring that all jobs are performed within the schedules specified.

4.2. The contractor shall treat all Government property with due care and concern and assume responsibility for damages or loss caused by its staff.

5. PERSONNEL REQUIREMENTS

5.1. Cleared Personnel: Under this contract the contractor shall provide services using personnel who possess the required background checks to work on USG facilities. The USG may require up to 60 days to perform first-time background checks for such clearances. It is therefore essential that the contractor provides its list of personnel to be used in the COB area within 10 calendar days after award. The COR shall provide the required form after award.

5.2. Vehicles / Equipment: The contractor shall provide the COR a list of vehicles / equipment to be used during the maintenance work 7 calendar days before the scheduled start date of work.

5.3. Ability: The workforce provided shall have be trained and experienced for the required work on live electrical equipment, some of it long out of date. They shall possess sufficient knowledge of the English language to understand spoken and written communications relating to work assignments. The contractor shall provide the COR copies of the training certificates of the staff scheduled to perform services 7 calendard days before the work is performed.

5.4. Standards of Conduct: The contractor shall maintain satisfactory standards of employee competency, conduct, and appearance and shall be responsible for taking such disciplinary action with respect to employees as may be necessary.

Neglect of duties shall not be condoned. Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words, actions, fighting, intoxicants and narcotics are prohibited.

6. MATERIALS AND EQUIPMENT – The contractor shall supply all required tools, equipment, materials, etc.

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7. INSURANCE

7.1. Amount of Insurance: The contractor is required to provide whatever insurance is legally necessary according to German laws and regulations. The contractor, shall, at its own expense, provide and maintain during the entire performance period the required insurance.

7.2. The contractor agrees that the Government shall not be responsible for personal injuries or for damages to any property of the contractor, its officers, agents, servants, and employees, or any other person, arising from and incident to the contractor's performance of this contract. The contractor shall hold harmless and indemnify the Government from any and all claims arising there from, except in the instance of gross negligence on the part of the Government.

7.3. Time for Submission of Evidence of Insurance: The contractor shall provide evidence of the insurance required under this contract within ten (10) calendar days after contract award. Failure to timely submit this evidence, in a form acceptable to the Contracting Officer, may result in rescinding or termination of the contract by the USG.

V CONTRACT ADMINISTATIVE REQUIREMENTS AND PROCEDURES

V.1 Quality Assurance and Surveillance Plan (QASP) This plan is designed to provide an effective surveillance method to promote effective contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor contractor performance, advise the contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The contractor, not the USG, is responsible for management and quality control to meet the terms of the contract. The role of the USG is to conduct quality assurance to ensure that contract standards are achieved.

Performance Objective Para Performance Threshold Services Services.

Performs all Maintenance services set forth in this Performance Work Statement

Performance Work Statement All required services are performed and no more than one

(1) customer complaint is received per month.

V.1.1 Surveillance – The COR will receive and document all complaints from USG personnel regarding the services provided. If found valid, the COR will send the complaints to the contractor for corrective action.

V.1.2 Standard – The performance standard is that the USG receives no more than one (1) customer complaint per month. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.246-4, Inspection of Services – Fixed Price (AUG 1996) or the appropriate Inspection of Services clause), if any of the services exceed the standard.

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V.1.3 Complaint 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, provide e-mail notification informing the contractor of any valid complaints.

f. If the contractor disagrees with the complaint and challenges the validity of the complaint, the contractor shall notify the COR by e-mail. 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.

V.2 REPORTS AND OTHER DELIVERABLES

All reports and other deliverables required under this contract shall be delivered by email to the COR and mailed to the following address:

Frank, Cubela CubelaF@state.gov

NOTE: Any and all costs for the preparation, handling, mailing and submission of progress reports or any other required reports and documentation shall be included in the total price of each delivery order.

Description QTY Submission Date Deliver to and how:

Reference IV.3 Transition Plan 1 ea within 15 calendar days after contract award e-mail

IV.5.1 Security Information –

Personnel 1 list 10 calendar days after contract award hard copy mailto:CubelaF@state.gov

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IV.5.2 Vehicles / Equipment 1 list 7 calendar days before work is performed

IV.5.3 Training Certificates 1 list 7 calendar days before work is performed

IV.7 Evidence of Insurance 1 ea 10 calendar days after contract award

CO

V.13 and FAR 52.222-50 Trafficking in Persons and

FAR 52.222-

56 Certification Regarding Trafficking in Persons & Compliance Plan.

In accordance with FAR 52.222-50 Trafficking in Persons and FAR 52.222- 56 Certification Regarding Trafficking in Persons Compliance Plan.

Provide a Trafficking in persons compliance plan

1 plan not later than 30 calendar days after award.

CO/COR

V.7.3 Invoices 1 ea 7 calendar days after completion of each maintenance service

Designated Billing Office

V.3 Contractor Responsibility

General – The contractor shall be responsible for all labor, tools, instruments, minor spare parts, reporting, notification and other materials or task required in the inspection / maintenance of the equipment.

During the entire period of this contract, the contractor shall maintain records of all inspection / maintenance visits, the reports submitted and the additional repairs, i.e. larger repairs not covered under this contract, performed.

The contractor shall inform the USG of any additional inspection / maintenance, repair or major overhaul / replacement he considers necessary including the reason(s).

Liability – If damage is caused to the systems in connection with the execution of the work required under this contract, the contractor shall eliminate / repair such damage at no additional cost to the USG.

The contractor must take out appropriate full liability insurance per German law and provide documentation of same to USG.

V.4 Erroneous Payment

If the USG becomes eligible for a refund of payment because of erroneous overpayment or other cause, the contractor shall refund the amounts or use them to offset future payments owed by the USG, whichever the USG prefers. The contractor shall refund any refunds not complete or discovered after the completion date of this contract.

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V.5 Physical and Information Security Requirements

The contractor shall be responsible for safeguarding all government information provided for contractor use. All material / documentation produced for the USG will be the sole property of the USG. The contractor shall not release any documents to anyone unless authorized by the USG. The following considerations shall be followed by the contractor and/or shall be incorporated into the design documents / shop drawings.

V.5.1 All documents received or generated under the contract are the property of the USG.

V.5.2 All documents shall be controlled and disseminated on a need-to-know basis. Reproduction and distribution is prohibited without express approval of the USG. All design documents generated shall be annotated as follows:

V.5.3 All documents shall be marked and handled in strict accordance with all applicable requirements and regulations. Proposed and actual contract documents shall only be disseminated on a strict need-to-know basis, and shall not be further disseminated without prior authorization from the USG.

V.5.4 Those receiving any type of proposed and / or actual contract documents shall be responsible for these materials while in their possession, or that of any of their subcontractors. They shall return all documents, including all copies, promptly upon demand by the USG.

V.6 Laws And Regulations

V.6.1 Compliance Required – If the contractor has or will establish a local office, he shall, without additional expense to the USG, be responsible for complying with all laws, codes, ordinances, and regulations applicable to the performance of the work, including those of the host country, and with the lawful orders of any governmental authority having jurisdiction.

V.6.2 Labor, Health and Safety Laws and Customs – If the contractor has or will establish a local office, he shall comply with all local labor laws, regulations, customs and practices pertaining to labor, safety, and similar matters, to the extent that such compliance is not

V.6.3 Miscellaneous Contractor Requirements - A contract with the USG conveys no special privileges or immunities to the contractor. The contractor is an independent commercial concern and not a part of the U.S. mission. The contractor's employees are not USG employees. Registration of this contract with the host country government, if required by law, will be the sole responsibility of the contractor, and any fees, taxes, or other duties shall be payable by the contractor without recourse to the USG of the amounts thereof.

V.6.4 The only items that the USG will consider for price adjustments are those that are mandated e.g. changes in the VAT rate (if applicable) or minimum hourly wage rate.

V.7 Contract Administration Data

V.7.1 Authority of the Contracting Officer – All work shall be performed under the general direction of the Contracting Officer, who alone shall have the power to bind the Government and to exercise the rights, responsibilities, authorities and functions vested by the contract, 19GE5022R0088 Frankfurt, Germany Power System Maintenance Services Page 15 of 64 except that the Contracting Officer and the Procurement Executive shall have the right to designate authorized representatives to act for the Contracting Officer, as specifically provided in the designation of that individual, such as the COR.

V.7.2 Government Personnel

Contracting Officer: Nicolas Wilhelm

Contract Administrator: Nadja Reinmueller E-mail address: ReinmuellerNU@state.gov

Contracting Officer's Representative (COR): Cubela, Frank CubelaF@state.gov

V.7.3 Invoices, Review and Payment

Invoices shall be issued within seven (7) calendar days after each maintenance service and submitted to the invoiceing address shown on the contract.

Value Added Tax (VAT) and DBA insurance, if applicable, shall be a separate line item on each invoice.

Each invoice shall include the items listed in Section 2, FAR 52.212-4 g.1.

Payment shall be made in the currency the contractor specified in Section1.III.C Prices.

V.7.4 Advance Payment shall not be authorized under this contract.

V.7.5 Changes In Ownership – The contractor shall furnish the COR advance notification (90 calendar days prior to the effective date) of any disposition or the change in ownership or terms of lease of any facilities utilized by him for performance of any service under this contract.

V.8 Funding / Task Orders / Procedures

V.8.1 The contract remains unfunded; funding will be provided by issuing an annual task orders with possible modification for staffing changes. Each task order will contain the following information:

• Name of contractor

• Contract number

• Date of purchase

• Task order number

• Name of person placing the order

• Quantity, unit price, and total price of each service / insurance rate

• VAT or other taxes as a separate item, if applicable

• COR and post points of contact, including e-mail addresses

• applicable contract clauses, either in reference or in full text if necessary mailto:ReinmuellerNU@state.gov mailto:CubelaF@state.gov

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V.8.2 Only an RPSO Contracting Officer may place a written order.

V.8.3 Ordering Procedures – The Government shall issue annual funded task orders.

V.9 Choice of Law

This contract shall be construed and interpreted in accordance with the substantive laws of the United States of America. By the execution of this contract, the contractor expressly agrees to waive any rights to invoke the jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdiction of the United States Civilian Board of Contract Appeals and the United States Court of Federal Claims for hearing and determination of any and all disputes that may arise under the Disputes clause of this contract.

V.10 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 ensure 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.

V.11 Start / Period of Performance

Contract performance is estimated to start in September 2022.

The period of performance is one year, with four possible annual option years. Option years, if exercised, shall be for twelve (12) months each, commencing at the expiration of the previous period of performance.

The Government may extend this contract in accordance with the option clause in Section 2, FAR 52.217-9, Option to Extend the Term of the Contract - Deviation, which also specifies the total duration of this contract.

The Government may exercise the option set forth at Section 2, "FAR 52.217-8, Option to Extend Services", within the currently ongoing period of performance.

Notwithstanding the expressed contract expiration date, this contract shall remain in full force and effect until the last items or services ordered hereunder have been delivered and accepted by the Government.

Working hours shall be 08:00 - 16:30 hours, Monday through Friday except for the holidays identified below in clause 652.237-72 (Section 2). Other hours may be approved by the

COR.

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V.12 Key Personnel

The contractor shall assign to this contract the key personnel to the identified position / function (see Attachment 3 – Key Personnel).

During the entire performance period of this contract, the contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment.

The contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events. The proposed substitute shall possess qualifications comparable to the original key person, as well as satisfying any minimum standards set forth elsewhere in the solicitation / contract. The Contracting Officer will notify the contractor within 15 calendar days after receipt of all required information of the decision on the substitution.

V.13 RECRUTMENT OF THIRD COUNTRY NATIONALS

a) For contracts exceeding $250,000 which require the recruitment of Third Country Nationals (TCNs), the Contractor shall submit and adhere to a Recruitment Plan. Contractors providing employer furnished housing shall submit and adhere to a Housing Plan.

b) Recruitment Plan

1. State the anticipated number of workers to be recruited, the skills they are expected to have, and the country or countries from which the Contractor intends to recruit them.

2. Explain how the Contractor intends to attract candidates and the recruitment strategy including the recruiter.

3. State in the plan that the recruited employee will not be charged recruitment or any similar fees, as defined in FAR 22.1702 and FAR 52.222-50. The Contractor or employer pays the recruitment fees for the worker, if recruited by the Contractor or subcontractor, to work specifically on Department of State contracts.

4. Recruitment fees included by the prime contractor in the contract price must be allowable by country law, allocable to the contract based on benefit to the program, and reasonable based on what a prudent businessperson would pay for similar expenses and charges. The reasonableness of recruitment fees should be assessed based on the reasonableness of the individual components.

5. State in the plan that the Contractor’s recruitment practices comply with recruiting nation and host country labor laws.

6. State in the plan that the Contractor has read and understands the requirements of FAR 52.222-50 Combating Trafficking in Persons.

7. Contractor will advise the Contracting Officer of any changes to the Recruitment Plan during performance and provide updates for approval.

Recruitment fees means fees of any type, including charges, costs, assessments, or other financial obligations, that are associated with the recruiting process, regardless of the time, manner, or location of imposition or collection of the fee.

(1) Recruitment fees include, but are not limited to, the following fees (when they are associated with the recruiting process) for-

(i) Soliciting, identifying, considering, interviewing, referring, retaining, transferring, selecting, training, providing orientation to, Skills testing, recommending, or placing employees or potential employees; (ii) Advertising: (iii) Obtaining permanent or temporary labor certification, including any associated fees; (iv) Processing applications and petitions; (v) Acquiring visas, including any associated fees; (vi) Acquiring photographs and identity or immigration documents, such as passports, including any associated fees;

(vii) Accessing the job opportunity, including required medical examinations and immunizations;

background, reference, and security clearance checks and examinations; and additional certifications;

(viii) An employer's recruiters, agents or attorneys, or other notary or legal fees; (ix) Language

19GE5022R0088 Frankfurt, Germany Power System Maintenance Services Page 18 of 64 interpretation or translation, arranging for or accompanying on travel, or providing other advice to employees or potential employees; (x) Government-mandated fees, such as border crossing fees, levies, or worker welfare funds; (xi) Transportation and subsistence costs- (A) While in transit, including, but not limited to, airfare or costs of other modes of transportation, terminal fees, and travel taxes associated with travel from the country of origin to the country of performance and the return journey upon the end of employment; and (B) From the airport or disembarkation point to the worksite; (xii) Security deposits, bonds, and insurance; and (xiii) Equipment charges.

(2) A recruitment fee, as described in the introductory text of this definition, is a recruitment fee, regardless of whether the payment is (i) Paid in property or money; (ii) Deducted from wages; (iii) Paid back in wage or benefit concessions; (iv) Paid back as a kickback, bribe, in-kind payment, free labor, tip, or tribute; or (v) Collected by an employer or a third party, whether licensed or unlicensed, including, but not limited to- (A) Agents; (B) Labor brokers; (C) Recruiters; (D) Staffing firms (including private employment and placement firms); (E) Subsidiaries/affiliates of the employer; (F) Any agent or employee of such entities; and (G) Subcontractors at all tiers.

c) Housing Plan The Contractor will submit a Housing Plan if the Contractor intends to provide employer furnished housing for TCNs. The Housing Plan must describe the location and description of the proposed housing.

Contractors must state in their plan that housing meets host country housing and safety standards and local codes. Contractor shall comply with any Temporary Labor Camp standards contained in this contract. In contracts without a Temporary Labor Camp standard, fifty square feet is the minimum amount of space per person without a Contracting Officer waiver. Contractor shall submit proposed changes to their Housing Plan to the Contracting Officer for approval.

d) Preventing Trafficking in Persons The Department of State Contractor and Subcontractors shall prevent human trafficking and treat employees with respect and dignity by taking the following actions:

• Contractor may not destroy, conceal, confiscate, or otherwise deny access to an employee’s identity documentsor passports.

Contractors are reminded of the prohibition contained in Title 18, United States Code, Section 1592, against knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document to prevent or restrict the person’s liberty to move or travel in order to maintain the services of that person. Contractor must be familiar with any local labor law restrictions on withholding employee identification documentation.

• Contractor shall provide employees with signed copies of their employment contracts, in English and in the employee’s native language, that define the terms of employment, compensation including salary, overtime rates, allowances, salary increases, job description, description of any employer provided housing, benefits including leave accrual, and information on whether hazardous working conditions are anticipated. These contracts must be provided prior to employee departure from their countries of origin. Contractors shall provide workers with written information on relevant host country labor laws. Fraudulent recruiting practices, including deliberately misleading information, shall be considered a material breach of this contract.

• Contractor shall provide all employees with a “Know Your Rights” brochure and document that employees have been briefed on the contents of the brochure. The English language version is available at https://www.responsiblesourcingtool.org and from the Contracting Officer.

• The Contractor shall brief employees on the requirements of the FAR 52.222-50 Combating Trafficking in Persons, including the requirements against commercial sex, even in countries where it is legal, and shall provide a copy of the briefing to the Contracting Officer Representative (COR).

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• Contractor shall display posters in worker housing advising employees, in English and the dominant language of the Third Country Nationals being housed, of the requirement to report violations of Trafficking in Persons to the company and the company’s obligation to report to the Contracting Officer.

The poster shall also indicate that reports can also be submitted to the Office of the Inspector General (OIG), Hotline at 202-647-3320 or 1-800-409-9926, via the web https://www.stateoig.gov/ hotline, or via email at WPEAombuds@STATEOIG.GOV.

• Contractor and subcontractors shall comply with sending and receiving nation laws regarding transit, entry, exit, visas, and work permits. Contractors are responsible for repatriation of workers who have traveled from other countries for contract performance, except for an employee legally permitted to remain in the country of work and who chooses to do so; including an employee who is a victim of trafficking seeking victim services or legal redress in the country of employment or a witness in a trafficking-related enforcement action.

• Contractor shall monitor subcontractor compliance at all tiers. This includes verification that subcontractors are aware of, and understand, the requirements of FAR 52.222-50 Combating Trafficking in Persons and this clause. Contractors specifically agree to allow U.S. Government personnel access to Contractor and subcontractor personnel, records, and housing for audit of compliance with the requirements of this clause.

• The Contractor agrees to include this clause in all subcontracts over $250,000 involving recruitment of third country nationals for subcontractor performance.

V.14 List Of Attachments

Attachment 1 Pricing Attachment 2 Past Performance and Experience Attachment 3 Key Personnel Attachment 4 W-14 Certificate of Foreign Contracting Party

Exhibit A Emergency Power Exhibit B low medium voltage switchgear and associated equipment Exhibit C Equipment listing 2022 Breaker Exhibit D POST De-Energized Work LOTO Policy

END OF SECTION 1

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SECTION 2 – CONTRACT CLAUSES

52.212-5 – CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS – COMMERCIAL ITEMS (MAR 2020)

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

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

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (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 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

_X_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (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. 6101note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)

(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C.657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12)

(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

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