SS-Maint_UCF WWTP v1.pdf

EMBASSY OF THE

UNITED STATES OF AMERICA

U. N. AVENUE GIGIRI NAIROBI, KENYA

LETTER TO PROSPECTIVE OFFERORS

Date: August 12, 2025

Dear Prospective Offeror:

SUBJECT: Solicitation Number 19KE5025Q0087 Preventive Maintenance Contract

Waste Water Treatment Plant (WWTP)

The Embassy of the United States of America invites you to submit a proposal for

Preventive Maintenance Contract the Waste Water Treatment Plant (WWTP) at the U.S. Embassy Nairobi Compound.

If you are interested in submitting a proposal on this project, read the instructions in

Section L of the attached Request for Quotation (RFQ).

If you intend to submit a proposal, you should thoroughly examine all documents contained in the contract solicitation package. The Embassy intends to hold a pre-proposal conference and conduct a site visit (see L.6, 52.236-27). All prospective offerors who have received a solicitation package are invited to attend. Attendance to the pre-proposal conference is encouraged. The conference will be held at the U.S.

Embassy (Chancery Building) on August 19, 2025, at 10:00 am. Submit any questions you may have concerning the solicitation documents in writing via email to nairobigso-contracts@state.gov by 10 a.m. August 15, 2025. Responses will be sent in writing to all contractors on our list of interested parties after the conference.

Complete the OFFER portion of Standard Form 1442, including all blank spaces, and have the form signed by an authorized representative of your company, or the proposal may be considered unacceptable and may be rejected.

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

1. SF 1442

2. Section B and Attachment 4, Proposal Breakdown by Divisions.

3. Section K, Representations and Certifications.

4. Gantt chart illustrating sequence of work to be performed.

5. Additional information as required in Section L.

The contract will be a firm fixed price contract, with no adjustment for any escalation in costs or prices of labor or materials. Each offeror will be responsible for determining the amount of labor and materials that will be required to complete the project, and for pricing its proposal accordingly.

mailto:nairobigso-contracts@state.gov

Please be advised that each offeror is responsible for furnishing complete information to its subcontractor and suppliers, such as details and quantities required by the specifications.

Your proposal must be submitted to Attn: Leslie Marks, via email nairobigso-contracts@state.gov on or before 10:00 am on August 27, 2025. No proposal will be accepted after this time. See L.5 Instructions, Conditions & Notices. It is important to make sure the submission is made in specific size and format; as file attachments in MS-

Word 2007/2010 or MS-Excel 2007/2010 or Adobe Acrobat (pdf) file format. The file size must not exceed 30MB. If the file size should exceed 30MB, the submission must be made in separate files and attached to separate emails with less than 30MB each.

The Contracting Officer reserves the right to reject any and all proposals and to waive any informality in proposals received. In addition, the Embassy reserves the right to establish a competitive range of one or more offerors and to conduct further negotiations concerning price and other terms before awarding the contract, or to award without discussions.

Please direct any questions regarding this solicitation to the Contracting Officer, Nairobi NairobiGSO-Contracts@state.gov during regular business hours.

Sincerely, Leslie Marks

Contracting Officer mailto:nairobigso-contracts@state.gov mailto:NairobiGSO-Contracts@state.gov

TABLE OF CONTENTS

SECTION

A. SF-1442 COVER PAGE

B. PRICING AND SCOPE OF WORK

C. DESCRIPTION/SPECIFICATIONS

STATEMENT OF WORK

D. PACKAGING AND MARKING

E. INSPECTION AND ACCEPTANCE

F. DELIVERIES OR PERFORMANCE

G. CONTRACT ADMINISTRATION DATA

H. SPECIAL CONTRACT REQUIREMENTS

I. CONTRACT CLAUSES

J. LIST OF ATTACHMENTS-- LIST OF DOCUMENTS, EXHIBITS

AND OTHER ATTACHMENTS

Attachment 1:

1.0 Exhibit A. Preventive Maintenance Plan

2.0 Exhibit B. Treatment Plant Maintenance Checklist

3.0 Exhibit C. Minimum Requirements for Personnel

4.0 Exhibit D. Standards for effluent discharge.

5.0 Exhibit E. Government Furnished Property

6.0 Exhibit F. Parts Schedule

7.0 Exhibit G. Contractor Furnished Property.

Attachment 2:

2.0 POSHO SAFETY PACKAGE

2.1 Activity Hazard Analysis (AHA)-Blank Work

Sheet.

2.2 AHA Sample Scaffolding.

2.3 Risk Matrix.

2.4 EM 385-1-1 _EFFECTIVE 15March2024

K. REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFERORS OR QUOTERS

L. INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

OR QUOTERS.

M. EVALUATION FACTORS FOR AWARD

SECTION A

COVER PAGE - SF-1442

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

19KE5025Q0087

2. TYPE OF SOLICITATION

SEALED BID (IFB)

[x] NEGOTIATED (RFQ)

3. DATE ISSUED

August 12, PAGE OF PAGES

IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

PR15357788

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

U.S. Embassy Nairobi GSO Contracting Officer

U.S. Embassy Nairobi

9. FOR INFORMATION

CALL:

A. NAME

Leslie Marks

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

020-3636000

SOLICITATION

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS :

Preventive Maintenance Contract Waste Water Treatment Plant (WWTP) Solicitation # 19KE5025Q0087 dated

August 12, 2025.

11. The Contractor shall begin performance within __10__ calendar days and complete it within POP calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See _______________.)

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If “YES,” indicate within how many calendar days after award in Item 12B.)

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and ____ copies to perform the work required are due at the place specified in Item 8 by _______ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than __90___ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101

STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA

FAR (48

CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within __90___ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS

SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT

TO

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28.NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.)Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.)Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON

AUTHORIZED TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated STANDARD

FORM 1442 BACK (REV. 4-85)

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCOPE OF SERVICES

The Contractor shall provide personnel, supplies and equipment, as identified in this solicitation and Exhibit I, for preventive maintenance services for the Waste Water

Treatment Plant ( WWTP).at U.S. Embassy Nairobi as described in Section C, DESCRIPTION/SPECIFICATIONS/WORK STATEMENT, of this contract and exhibits attached in Section J.

B.2 TYPE OF CONTRACT

This is a fixed price type contract for scheduled maintenance services. The fixed price will include all work, including furnishing all labor, materials, equipment, and services, overhead (including cost of Workers’ Compensation and War-Hazard Insurance, which shall not be a direct reimbursement) and profit, unless otherwise specified. The

Government will require contractor to abide by the periodic schedule stated here under

A fixed-type contract will be awarded for scheduled work services. The fixed rates shall include wages, overhead, general, and administrative expenses, and profit.

B.2 TYPE OF CONTRACT

B.3 PRICING

The rates below include all costs associated with providing preventive maintenance services in accordance with the attached scope of work, and the manufacturer’s recommended method of preventive maintenance including materials, labor, insurance

(see FAR 52.228-4 and 52.228-5), overhead, profit.

Prices for all Contract Line-Item Numbers (CLIN) shall include proper disposal of toxic substances as per EXHIBIT C where applicable. No additional sums shall be payable for 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. The contract price shall not be adjusted due to fluctuations in currency exchange rates

B.3.1 Value Added Tax

The Government will not reimburse the Contractor for Value Added Tax (VAT) under this contract. All taxable supplies (goods and services) to the United States Embassy in

Kenya are exempt from Value Added Tax. See the VAT Act, 2013, 2nd Schedule, Part B

‘Zero Rates Supplies to Public Bodies, Privileged persons and Institutions’, para (3).

Vendors are therefore required to present invoices without a tax element, i.e., indicate 0%

VAT on all invoices. The Purchase Orders or Contracts issued by the United States

Embassy will serve as the basis for Zero Rating when vendors are accounting for VAT with the Kenya Revenue Authority.

B.3.2 Currency

All prices shall be submitted in Kenya Shillings.

B.3.3 Scheduled Maintenance Services

In consideration of satisfactory performance of all the scheduled services required under this contract, the Contractor shall be paid a fixed-price per month for Scheduled

Maintenance Services.

B.4 BASE PERIOD PRICES

B.4.1. Scheduled Maintenance Services.

The fixed-price for the first year (starting on the date stated in the Notice to Proceed and continuing for a period of 12 months) for scheduled preventive maintenance services as defined in section C are:

CLIN Description Quantity of

Equipment/

Others

Schedule of services

No. of services

Unit price

(KES)

Total per year

(KES)

NEC WWTP

service labor

(Preventive service and routine maintenance repairs)

Bi-annually

Supply spare parts for the

WWTP as per parts schedule

(Exhibit F)

1 lot Parts supply

Wetland sedimentation removal and levels profiling

1 lot Annual 1

Total Base Year

B.4.2. Unscheduled Maintenance Services. The fixed unit prices for unscheduled maintenance service as defined in Section C. are:

WWTP And Wetland Maintenance labor

LABOR CATEGORY ESTIMATED

HOURS

HOURLY RATE

(for evaluation purposes only)

TOTAL

Maintenance Engineer 10

Electrician 10

Electrician Helper 10

HVAC Technician 10

HVAC Helper 10

Plumber 10

Plumber Helper 10

Carpenter 10

Mason 10

Painter 10

B.5 FIRST OPTION YEAR PRICES

B.5.1. Scheduled Maintenance Services.

The fixed-price for the first option year (starting on the day after the last date of the previous year and continuing for a period of 12 months) for scheduled maintenance services as defined in section C. is:

Others

Schedule of services

No. of services

Unit price

(KES)

Total per year

(KES)

NEC WWTP

service labor (

Preventive service and routine annually

Supply spare parts for the

WWTP as per parts schedule

(Exhibit F)

1 lot Parts sedimentation removal and

Total Base

Year

B.5.2. Unscheduled Maintenance Services. The fixed unit prices for unscheduled maintenance service as defined in Section C. are:

HOURLY RATE

(for evaluation purposes only)

TOTAL

Maintenance Engineer 10

Electrician 10

Electrician Helper 10

HVAC Technician 10

HVAC Helper 10

Plumber 10

Plumber Helper 10

Carpenter 10

B.6 SECOND OPTION YEAR PRICES

B.6.1. Scheduled Maintenance Services.

The fixed-price for the second option year (starting on the day after the last date of the services as defined in section C is:

Others

Schedule of services

No. of services

Unit price

(KES)

Total per year

(KES)

NEC WWTP

service labor (

Preventive service and routine annually

002 Supply spare 1 lot Parts 1 parts for the

WWTP as per parts schedule

(Exhibit F) supply

Wetland sedimentation removal and

B.6.2. Unscheduled Maintenance Services. The fixed unit prices for unscheduled maintenance service as defined in Section C are:

HOURLY RATE

(for evaluation purposes only)

TOTAL

Maintenance Engineer 10

Electrician 10

Electrician Helper 10

HVAC Technician 10

HVAC Helper 10

Plumber 10

Plumber Helper 10

Carpenter 10

B.7 THIRD OPTION YEAR PRICES

B.7.1. Scheduled Maintenance Services.

The fixed-price for the third option year (starting on the day after the last date of the services as defined in section C. is:

Others

Schedule of services

No. of services

Unit price

(KES)

Total per year

(KES)

NEC WWTP

service labor (

Preventive

Bi-annually service and routine

Supply spare parts for the

WWTP as per parts schedule

(Exhibit F)

1 lot Parts sedimentation removal and

B.7.2. Unscheduled Maintenance Services. The fixed unit prices for unscheduled

HOURLY RATE

(for evaluation purposes only)

TOTAL

Maintenance Engineer 10

Electrician 10

Electrician Helper 10

HVAC Technician 10

HVAC Helper 10

Plumber 10

Plumber Helper 10

Carpenter 10

B.8 FOURTH OPTION YEAR PRICES

B.8.1. Scheduled Maintenance Services.

The fixed-price for the fourth option year (starting on the day after the last date of the services as defined in section C. are:

Others

Schedule of services

No. of services

Unit price

(KES)

Total per year

(KES)

NEC WWTP

service labor (

Preventive service and routine annually

Supply spare parts for the

WWTP as per parts schedule

(Exhibit F)

1 lot Parts sedimentation removal and

B.8.2. Unscheduled Maintenance Services. The fixed unit prices for unscheduled

HOURLY RATE

(for evaluation purposes only)

TOTAL

Maintenance Engineer 10

Electrician 10

Electrician Helper 10

HVAC Technician 10

HVAC Helper 10

Plumber 10

Plumber Helper 10

Carpenter 10

B.9 SIX -MONTH EXTENSION PERIOD OPTION PRICES

B.9.1. Scheduled Maintenance Services.

The fixed-price for the six-month extension (starting on the day after the last date of the previous year) for scheduled maintenance services as defined in Section C are:

Others

Schedule of services

No. of services

Unit price

(KES)

Total per year

(KES)

NEC WWTP

service labor (

Preventive service and routine annually

Supply spare parts for the

WWTP as per parts schedule

(Exhibit F)

1 lot Parts sedimentation removal and

B.9.2. Unscheduled Maintenance Services. The fixed unit prices for unscheduled

HOURLY RATE

(for evaluation purposes only)

TOTAL

Maintenance Engineer 10

Electrician 10

Electrician Helper 10

HVAC Technician 10

HVAC Helper 10

Plumber 10

Plumber Helper 10

Carpenter 10

B.10 GRAND TOTAL

Base Year Total

First Option Year Total

Second Option Year Total

Third Option Year Total

Fourth Option Year Total

Six Month Extension Period Total

GRAND TOTAL

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1. INTRODUCTION

C.1.1. General.

C.1.1.1. The U.S. Embassy Nairobi requires preventive maintenance services for wastewater treatment systems. These services shall result in all systems being serviced under this agreement being in good, operational condition when activated. The

Contractor shall furnish managerial, administrative and direct operational personnel to accomplish all work as required in this contract. The Contractor shall designate an

English speaking representative who shall supervise the Contractor's workforce and be the Contractor's liaison with the U.S.Embassy Nairobi.

C.1.1.2. The objective of scheduled preventive maintenance is to eliminate system malfunction, breakdown, and deterioration when units are in activated/running mode.

Contract maintenance of the WWTP elements, their parts, and components.

C.1.1.3. The Contractor shall inventory, supply, and replace expendable parts that have become worn down due to wear and tear. The Contractor shall maintain a supply of expendable and common parts on site so that these are readily available for normal maintenance to include (but not limited to): controllers, pressure transducers, compressor oil, refrigerant, contactors, fuses; in addition to the appropriate tools, testing equipment, safety shoes and apparel for technicians, personal protective equipment (hands, hearing, eye protection). The contractor should inventory the supply after each visit and order replacement supplies and have them delivered to post.

C.1.1.4. The Contractor's employees shall be on-site only for contractual duties and not for any other business or purposes. Specific services are described in detail below.

C.1.1.5. Exclusion. This contract does NOT include repair of equipment and replacement of hardware (e.g., bearings, pistons, piston rings, crankshaft, gears.) Hardware replacements shall be separately priced out by the Contractor for the Government’s approval and acceptance. The Government has the option to accept or reject the

Contractor’s quote for parts and reserves the right to obtain similar spare parts from other competitive sources. If required by the Government, the Contractor shall utilize

Government-purchased spare parts, if awarded the work. Such repairs/replacements shall be accomplished by a separate purchase order. However, this exclusion does not apply if the repair is to correct damage caused by Contractor negligence.

C.1.1.6.Replacement/repair of any electronic or electrical parts must be approved by the

COR prior to installation of the part. If the Contractor proceeds to replace any electronic or electrical parts without COR approval, the Contractor shall de-install the parts at no cost to the Government.

C.1.2. Checklist Approval

The Contractor shall submit to the COR a schedule and description of preventive maintenance tasks which the Contractor plans to provide. The Contractor shall prepare this schedule and task description in a checklist format for the COR’s approval prior to contract work commencement.

1.2.1. The Contractor shall provide trained technicians to perform the service at frequencies stated in Exhibit A and on the equipment called out in this SOW. The technician shall sign off on every item of the checklist and leave a copy of this signed checklist with the COR or the COR's designate after the maintenance visit.

1.2.2. It is the responsibility of the Contractor to perform all manufacturers recommended preventive maintenance including preventive maintenance recommended by the manufacturer’s technical manuals for the respective equipment.

C.1.3. Personnel, Tools, Consumable Materials and Supplies.

C.1.3.1.The Contractor shall be responsible for providing qualified technicians (with at least one of each trade at the journey-man level or equivalent) with relevant experience of more than 3 years to meet the minimum requirements established below to perform maintenance services in accordance with the preventive maintenance plan shown in

Exhibit A. Helper positions do not need to meet this 3 year minimum requirement.

Personnel shall meet the minimum criteria for labor categories shown in Section B and identified in Exhibit C.

C.1.3.2.The Contractor shall provide trained personnel with the appropriate tools and testing equipment for scheduled maintenance, safety inspection, and safety testing as required by this Contract. The Contractor shall provide all necessary materials and supplies to maintain, service, inspect and test all the systems to be maintained.

C.1.3.3. Contractor furnished materials shall include but not limited to appropriate tools, testing equipment, safety shoes and apparel for technicians, hands, hearing, and eye protection. See C.1.1.3.

C.1.3.4. Repairs are not included in this contract. See Item C.6. Exclusions.

C.1.3.4 Disposal of used oil, filters, controllers and other toxic substances. The

Contractor is responsible for proper disposal of toxic/hazardous substances. All material shall be disposed of according to Government and Local law. After proper disposal the contractor must show proof of authorized disposal of these toxic/hazardous substances.

C.1.4. Execution Plan. The Contractor shall provide an Execution Plan to carry out the maintenance as shown in Exhibit A. These duties and responsibilities described in

Subsection C.1.5. The Contractor shall provide a draft of the Executive Plan to the COR for review 30 days after contract award.

C.1.5 Definitions.

"Chancery" means the building of the embassy used for official activities or means the official residence of the ambassador.

"Daily" means 5 days per week, on each non-holiday workday.

"Execution Plan" is submitted by the Contractor and defines the methods and disciplines used to carry out the maintenance plan as provided in Exhibit A.

"General Instructions" mean those instructions, directives and guidelines that apply to all employee maintenance personnel.

"PM" means Preventive Maintenance

C.2. PROJECT REQUIREMENTS

C.2.1 Description of Equipment:

No Location Processing capacity

Make

1 Wastewater Treatment

Plant unit 1

30000 gal/day Pollution Control Systems

2 Wastewater Treatment

Plant unit 2

30000 gal/day

The Wastewater Treatment Plant unit located at Embassy compound provides sewer processing for all office buildings in the NEC.

C.3. GENERAL REQUIREMENTS

The Contractor under this SOW shall be responsible for labor, tools, and materials required to carry out all preventive maintenance as outlined in this SOW. The COR may be in possession of the service manuals and other manufacturer’s data including equipment model/make, installation manual, manufacturer’s Point of Contact, components specifications, As built drawings, equipment controls data and historical PM records. Such information (once available) will be made available (for viewing under the

COR’s presence) to the Contractor provided that such information is required for the service required. Hard and/or soft copies will be considered for issue on a case-by-case basis as determined by the COR.

C.3.1 Bi-Annual Report: The Contractor shall render a bi-annual maintenance report, summing up observations resulting from the inspections, difficulties or irregularities encountered, measures taken, improved conditions, repairs or services needed (those beyond the Contractor's responsibilities), special work done, recommendations, and other matters related to operation and maintenance of the waste water management systems covered by this contract. The bi-annual report shall be provided in a format similar to the one in Exhibit B, signed by an authorized representative of the Contractor, and shall be submitted to the COR, together with the Contractor's monthly invoice.

C.3.2 Inspection by Government: The services being performed hereunder and the supplies furnished therefor will be inspected from time to time by the COR, or his/her authorized representatives, to determine that all work is being performed in a satisfactory manner, and that all supplies are of acceptable quality and standards.

The Contractor shall be responsible for any countermeasures or corrective action, within the scope of this contract, which may be required by the Contracting Officer as a result of such inspection.

C.4. SCOPE OF WORK- Wastewater Treatment Plant

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

Material Safety Data Sheets (MSDS) shall be provided by the Contractor for all

HAZMAT materials. Copies shall be provided to the COR for approval.

If any discrepancies are found with the system that are not covered under this scope of work, then the contractor must provide the following:

1. Detailed report noting the discrepancy found.

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

3. Price quote for repair labor.

C.5. Parts Schedule – Exhibit F

The parts schedule includes maintenance components required per contract year. The components shall be provided by the contractor at the beginning of each contract year.

The quantities are estimates based on expected utilization each year. Any quantities unutilized during the year will roll over into the next contract year’s inventory.

C.6 EQUIPMENT AND PERFORMANCE REQUIREMENTS:

C.6.1 The American Embassy in Nairobi requires the Contractor to maintain the following systems in a safe, reliable, and efficient operating condition. Please see equipment list included in Exhibit A for detailed description.

1. Waste Water Treatment Plant (WWTP).

C.6.2 The Contractor shall provide all necessary managerial, administrative, and direct labor personnel, including transportation, equipment, tools, supplies and materials required to perform all services as described in inspection, maintenance, and component replacement as required to maintain the systems in accordance with this work statement.

Under this Contract the Contractor shall provide:

• The services of trained and qualified personnel to inspect, adjust, and perform scheduled preventive maintenance; and provide consumable materials.

C.6.3. Performance Standards

All work in this agreement shall be completed in a professional and timely manner.

Those working on the equipment should be certified and the quality of work should reflect that. The Contractor shall schedule all preventive maintenance work with the post

Facility Manager to avoid disrupting the business operation of the Embassy.

C.6 EXCLUSIONS

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

• Building automation system.

• Air handling units.

• Variable air volume controllers

C.7 SUPERINTENDENCE BY CONTRACTOR:

The entire operation of the contracted services shall be superintended by the Contractor's bilingual (English and Kiswahili) liaison, who shall maintain a close contact with the

Contracting Officer and the COR in order to coordinate the performance of the contracted services with the needs of the Government.

The liaison, (or his/her qualified assistant), shall be on duty throughout the normal operating hours of the Embassy and any other authtorized hours outside normal working hours.

C.8 INSPECTIONS

The Contractor shall institute an appropriate inspection system including checklists of duties to be carried out, ensuring these duties are carried out by the supervisory staff and senior employees, and carrying out bi-annual inspections to determine whether the various services are being performed according to the contract requirements. Copies of the bi-annual inspection reports shall be provided to the COR.

Any shortcomings and/or substandard conditions noted in such inspections shall be promptly corrected and improved; any conditions beyond the responsibility of the

Contractor shall be brought to the attention of the Contracting Officer or COR, for disposition.

C.9 TRANSITIONS/CONTACTS

The Contractor shall submit to the CO no later than 10 days after contract award, a plan 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.

C.10 SUBMISSION OF INVOICES

The Contractor shall submit an invoice after each preventive maintenance service has been performed as identified under the CLIN schedule. Invoices must be accompanied by a signed copy of the Maintenance Checklist for the work performed including parts replacement and breakdown calls, where applicable. No invoice for preventive maintenance services shall be considered for payment unless accompanied by the relevant documentation.

SECTION D - PACKAGING AND MARKING

D.1. MATERIALS DELIVERED TO THE SITE SHALL BE MARKED AS

FOLLOWS:

Not applicable to this contract.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 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 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, Yahoo or

Excite) to obtain the latest location of the most current FAR.

FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)

CLAUSE TITLE AND DATE

52.246-4 INSPECTION OF SERVICES – FIXED PRICE (AUG 1996)

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

E.2 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 Government, is responsible for management and quality control to meet the terms of the contract. The role of the

Government is to conduct quality assurance to ensure that contract standards are achieved.

PERFORMANCE OBJECTIVE

PWS

PARAGRAPH

PERFORMANCE

THRESHOLD

Performs all maintenance services set forth in the Performance Work Statement

(PWS)

C.1 thru C.10

All required services are performed and no more than one

(1) customer complaint is received per month

E.2.1. 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.

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

E.2.2. Standard. The performance standard is that the Government receives no more than one (1) customer complaint per month. The COR shall notify the Contracting

Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.246-4, Inspection of Services – Fixed Price (AUG

1996)), if any of the services exceed the standard.

E.2.3. 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.

SECTION F - DELIVERIES OR PERFORMANCE

F.1. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)

52.242-14 SUSPENSION OF WORK (APR 1984)

52.242-15 STOP-WORK ORDER (AUG 1989)

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

F.2. PERIOD OF PERFORMANCE

The contract shall be effective after the Contracting Officer's signature, and shall be for a period of one-year, with a maximum of four one-year optional periods of performance.

Performance will begin on issuance of notice to proceed indicating the effective date of the contract.

F.3. DELIVERABLES

The following items shall be delivered under this contract:

Description Quantity Delivery Date Deliver To

C.1.4. Execution Plan 1 10 days after award COR

C.3. Insurance/Licenses &

Permits 1 10 days after contract award CO

C.3.1. Conduct Maintenance

NEC WWTP service labor

(Preventive service and routine maintenance repairs) 1

Bi- Annually- To commence within 10 days after Award and Notice to Proceed. The subsequent maintenance visits to be scheduled in 6 -month intervals.

At Site-

Chancery

C.8. Inspection Report 1

7 days after conducting

Maintenance Services COR

E.2. Quality Assurance Plan 1 10 days after award COR https://gov.ecfr.io/cgi-bin/text-idx?SID=d9a7851186785ba2b1896db79b1b6b29&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl

Supply spare parts for the

WWTP as per parts schedule 1

Annually - To commence within 10 days after Award and Notice to Proceed. The subsequent maintenance visits to be scheduled in 12-month intervals. COR

H.8. Names, biographic data, police clearance on Contractor personnel 1 5 days after contract award COR

H.9 Safety Plan 1 10 days after contract award COR

Conduct Wetland sedimentation removal and levels profiling

Exhibit A 1

Annually - To commence 14 days after Award and Notice to Proceed. The subsequent maintenance visits to be scheduled in 12 -month intervals.

At Site-

Chancery

Checklist signed by

Contractor’s employee (C.1.2) 1

NLT 48 hours after completion of each maintenance service COR

Final report for each service visit. Report to include plant effluent discharge measurement parameters per the standards provided under Exhibit D 1

14 Days after completion of service visit COR

Invoice 1

After completion of each maintenance service (See G.2.1)

F.4 CONTRACTOR'S SUBMISSION OF MAINTENANCE SCHEDULE AND

MINOR REPAIRS UNDER UNSCHEDULED WORK ORDERS

Any unscheduled maintenance will be awarded on a separate contract award. Pricing

(Section B) for WWTP And Wetland Maintenance labor services and maintenance supplies, quoted under this contract may at the discretion of the U.S. Government be considered for award.

F.5 ACCEPTANCE OF SCHEDULE

When the Government has accepted any time schedule, it shall be binding upon the

Contractor. The completion date is fixed and may be extended only by a written modification to the delivery order signed by the Contracting Officer. Acceptance or approval of any schedule or revision thereof by the Government shall not (1) extend the completion date or obligate the Government to do so, (2) constitute acceptance or approval of any delay, nor (3) excuse the Contractor from or relieve the Contractor of its obligation to maintain the progress of the work and achieve final completion by the established completion date.

F.6. NOTICE OF DELAY

In the event the Contractor receives a notice of any change in the work, or if any other conditions arise which are likely to cause or are actually causing delays which the

Contractor believes may result in completion of the project after the completion date, the

Contractor shall notify the Contracting Officer of the effect, if any, of such change or other conditions upon the approved schedule, and shall state in what respects, if any, the relevant schedule or the completion date should be revised. Such notice shall be given promptly, and not more than ten (10) days following the first occurrence of event giving rise to the delay or prospective delay. Revisions to the approved time schedule shall only be made with the approval of the Contracting Officer.

F.7. NOTICE TO PROCEED

(a) Following receipt from the Contractor of any evidence of insurance within the time specified in Section H of this contract, and following acceptance of these documents by the Contracting Officer, the Contracting Officer will provide to the Contractor a Notice to

Proceed. The Contractor must then prosecute the work required hereunder.

(b) It is possible that the Contracting Officer may elect to issue the Notice to Proceed prior to receipt and acceptance of any evidence of insurance required hereunder.

Issuance of a Notice to Proceed by the Government before receipt of the required insurance certificates or policies shall not be a waiver of the requirement to furnish these documents.

F.8. WORKING HOURS

All preventive maintenance and repair work shall be performed during regular work days (7:30am to 16:30p.m from Monday through Friday) except for the holidays identified below. Other hours, if requested by the Contractor, may be approved by the

Contracting Officer's Representative. The Contractor shall give 36 hours in advance to

COR who will consider any deviation from the hours identified above. Changes in work hours will not be a cause for a price increase. The work must be carried out to cause the minimum inconvenience to the occupants of the adjoining premises.

F.9. EXCUSABLE DELAYS

The Contractor will be allowed time, not money, for excusable delays as defined in FAR

52.249-10, Default. Examples of such cases include (l) acts of God or of the public enemy, (2) acts of the United States Government in either its sovereign or contractual capacity, (3) acts of the government of the host country in its sovereign capacity, (4) acts of another contractor in the performance of a contract with the Government, (5)fires, (6) floods, (7) epidemics, (8) quarantine restrictions, (9) strikes, (l0) freight embargoes, (11) delays in delivery of Government furnished equipment and (12) unusually severe weather. In each instance, the failure to perform must be beyond the control and without the fault or negligence of the Contractor, and the failure to perform furthermore (1) must be one that the Contractor could not have reasonably anticipated and taken adequate measures to protect against, (2) cannot be overcome by reasonable efforts to reschedule the work, and (3) directly and materially affects the date of final completion of the project.

F.10 POST AWARD CONFERENCE

A post award conference will be held 10 days after contract award at U.S. Embassy

Nairobi to discuss the schedule, submittals, notice to proceed, mobilization and other important issues that affect the progress under this contract.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

(AUG 1999)

(a) The Contracting Officer may designate in writing one or more Government employees, by name or position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer’s Representative

(COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation.

(b) The COR for this contract is the Mechanical Engineer.

G.1.1 Duties

The COR is responsible for inspection and acceptance of services. These duties include review of Contractor invoices, including the supporting documentation required by the contract. The COR may provide technical advice, substantive guidance, inspections, invoice approval, and other purposes as deemed necessary under the contract.

G.2. PAYMENT

G.2.1. General.

The Contractor's attention is directed to Section I, 52.232-1, "Payments".

Invoices for U.S. Government employees shall be submitted in an original to the following address (designated billing office only for the purpose of submitting invoices):

Invoices should be sent electronically to the COR and Attn: FMO

Kindly submit the invoice in my ILMS.

See below instructions.

The Embassy is pleased to inform you that we recently rolled out an online based

Invoicing platform that amongst other things enables you to;

• Submit your Invoice online.

• Track Realtime the status & progress of your Invoice.

• Get updates upon final approval.

• View all orders currently awarded to your company.

To access the system:

1. Create a user account using the following link, https://mygrants.servicenowservices.com/ and click on create an account.

2. Download the Okta Authenticator app to your smartphone. You will need this app to access my ILMS portal. The app is free to download.

https://mygrants.servicenowservices.com/

Kindly create your online account it’s the only way we are accepting Invoices moving forward.

Payment shall be made in local currency by Electronic Funds Transfer (EFT) within 30 days after receipt of the proper invoice

G.2.2. Detail of Payment Requests

Each application for payment, which shall be made no more frequently than bi-annually, unless otherwise provided herein, shall cover the fixed price preventive maintenance fee and the value of labor and materials completed.

Time sheets to support the number of hours worked for each work order and signed by the Contractor’s approving official that work has been completed.

G.2.3. Payments to Subcontractors

The Contractor shall make timely payment from the proceeds of the progress or final payment for which request is being made, to his subcontractors and suppliers in accordance with the Contractor's contractual arrangements with them.

G.2.4. Evaluation by the Contracting Officer

Following receipt of the Contractor's request for payment, and on the basis of an inspection of the work, the Contracting Officer shall make a determination as to the amount which, in his/her opinion, is then due. In the event the Contracting Officer does not approve payment of the full amount applied for, less the retainage addressed in

52.232-5, the Contracting Officer shall advise the Contractor of the reasons therefore.

G.2.5. Additional Withholding

Independently of monies retained by the Government under 52.232-5, or otherwise as permitted to be retained under this contract, the Government may withhold from payments due the Contractor any amounts as may be considered necessary to cover

(a) Wages or other amounts due the Contractor's employees on this project;

(b) Wages or other amounts due employees of subcontractors on this project;

(c) Amounts due suppliers of materials or equipment for this project; and

(d) Any other amounts for which the Contractor may be held liable under this contract, including but not limited to the actual or prospective costs of correction of defective work and prospective liquidated damage when the Contractor has failed to make adequate progress.

G.2.6 Payment

In accordance with FAR 52.232-27(a) the 14 day period identified in FAR 52.232-

27(a)(1)(i)(A) is hereby changed to 30 days.

G.3 VALUE ADDED TAX

The Government will not reimburse the Contractor for Value Added Tax (VAT) under this contract. All taxable supplies (goods and services) to the United States Embassy in

Kenya are exempt from Value Added Tax. See the VAT Act, 2013, 2nd Schedule, Part B

‘Zero Rates Supplies to Public Bodies, Privileged persons and Institutions’, para (3).

Vendors are therefore required to present invoices without a tax element, i.e., indicate 0%

VAT on all invoices. The Purchase Orders or Contracts issued by the United States

Embassy will serve as the basis for Zero Rating when vendors are accounting for VAT with the Kenya Revenue Authority.

G.3.1 Recordkeeping Requirements

G.3.1.1 The Contractor and the COR shall both maintain a complete and accurate management file. The file shall contain as a minimum, the following items:

(a) The Government's copies of all orders issued under this contract, and all inspection reports completed by the COR (OF-127). These forms will be supplied to advise the Contractor of service requests and to document the performance of all work, including emergency work.

(b) Contractor's Service Report forms, documenting arrival and departure time of the

Contractor's representative performing the service, and all information on parts installed for all services.

(c) Documentation of any complaints from Post personnel or unusual incidents which may have taken place during the visit to the site.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 ISSUANCE OF ORDERS FOR UNSCHEDULED/EMERGENCY WORK

Unscheduled work and emergency work shall not be authorized through this contract. However, the rates for respective labor and supplies quoted under this contract, may be exercised at the discretion of the government and awarded in a separate contract.

H.2 ORDERING OFFICIAL

In accordance with FAR 52.216-18 ORDERING (AUG 2020), the designated ordering individual for this contract is the Contracting Officer.

H.3 INSURANCE REQUIREMENTS

The Contractor shall furnish to the Contracting Officer a current certificate of insurance as evidence of the insurance required. In addition, the Contractor shall furnish evidence of a commitment by the insurance carrier to notify the Contracting Officer in writing of any material change, expiration or cancellation of any of the insurance policies required not less than thirty (30) days before such change, expiration or cancellation is effective.

When coverage is provided by self-insurer, the Contractor shall not change or decrease the coverage without the Contracting Officer's approval. If the Contractor intends to use any subcontractors under this contract, the Contractor must ensure that the subcontractor carries the types and amounts of insurance as identified below.

The Contractor's attention is directed to Section I, 52.228-5, "Insurance - Work on a

Government Installation". As required by this clause, the Contractor is required to provide whatever insurance is legally necessary. The Contractor, shall, at its own expense, provide and maintain during the entire performance period the following insurance amounts:

The Contractor assumes absolute responsibility and liability for all personal injuries or death and property damage or losses suffered due to negligence of the Contractor’s personnel in the performance of this Contract

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

General Liability (includes premises/operations, collapse hazard, products, completed operations, contractual, independent contractors, broad form property damage, personal injury)

1. Bodily Injury, On or Off the Site, in US Dollars

Per Occurrence Not less than $ 80,000

Cumulative Not Less than $ 160,000

2. Property Damage, On or Off the Site, in US Dollars

Per Occurrence

Market value of items procured directly by U.S. Embassy

Cumulative Per total market value where applicable.

The foregoing types and amounts of insurance are the minimums required. The

Contractor shall obtain any other types of insurance required by local law or that are ordinarily or customarily obtained in the location of the work. The limit of such insurance shall be as provided by law or sufficient to meet normal and customary claims.

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 therefrom, except in the instance of gross negligence on the part of the Government.

The Contractor shall obtain adequate insurance for damage to, or theft of, materials and equipment in insurance coverage for loose transit to the site or in storage on or off the site.

The Contractor agrees to provide all employees with worker's compensation benefits as required under local laws (see FAR 52.228-4 “Worker’s Compensation and

War-Hazard Insurance…