GenSolicitationFinal.doc

U.S. Embassy Dar es Salaam

Date: July 5, 2016 To:

Prospective Quoters Subject: Request for Quotation number STZ20016Q0003 Enclosed is a Request for Quotations (RFQ) for the U.S. Embassy Dar Es Salaam Residential Generator Maintenance Contract. If you would like to submit a quotation, follow the instructions in Section 3 of the solicitation, complete the required portions of the attached document, and submit it to the address shown on the Standard Form 1449 that follows this letter.

The U.S. Government intends to award a contract to the responsible company submitting an acceptable quotation at the lowest price. We intend to award a contract based on initial quotations, without holding discussions, although we may hold discussions with companies in the competitive range if there is a need to do so.

A pre-proposal conference shall be held Tuesday, July 26 9-10am at the US Embassy Dar es Salaam to address any questions with this RFQ. You are not required to attend the pre-proposal conference to quote. Prospective offerors/quoters, please contact Sammy Mgatta (MgattaS@state.gov) for additional information or to arrange entry to the building.

The successful offeror shall be required to have a DUNS number and be registered in SAM through the following sites: DUNS www.dnb.com and SAM www.sam.gov. Proof of SAM registration is required.

Quotations are due by Tuesday, August 9 at 4pm in Dar es Salaam. No quotations shall be accepted after this time.

Sincerely, Susan Phemister

Contracting Officer

TABLE OF CONTENTS

Section 1 - The Schedule

· SF 18 or SF 1449 cover sheet

· Continuation To SF-1449, STZ20016Q0003 Prices, Block 23

· Continuation To SF-1449, STZ20016Q0003 Schedule Of Supplies/Services, Block 20 Description/Specifications/Work Statement

· Exhibit A, List of Residential Generators as of May 31, 2016 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

· Representations and Certifications

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

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449

STZ20016Q0003

PRICES, BLOCK 23

1.

SCOPE OF CONTRACT

The Contractor shall perform residential generator maintenance services for the U.S. Embassy Dar es Salaam. The contractor shall provide on-call coverage 24 hours/day and 7 days/week, including technicians available on mobile phone, and a backup generator as necessary. Technician, parts and backup generator shall be located on the peninsula in Dar es Salaam. Contractor shall provide emergency service within 3 hours of a call.

1.1 TYPE OF CONTRACT

This is an Indefinite Delivery/Indefinite Quantity contract to allow for fluctuations in the number of generators the U.S. Embassy may need maintained. No additional sums shall be payable for any escalation in the cost of materials, equipment or labor or travel expenses, or because of the contractor’s failure to properly estimate or accurately predict the cost or difficulty of achieving the results required.

For each effective year of the contract, the U.S. Government guarantees a minimum order of 40 generators per month. The maximum amount of generators per month ordered under each year of the contract shall not exceed 80.

1.2

NOTICE TO PROCEED

After contract award and submission of acceptable insurance certificates, the Contracting Officer shall issue a Notice to Proceed. The Notice to Proceed shall establish a date (a minimum of ten (10) days from date of contract award unless the Contractor agrees to an earlier date) on which performance shall start. This intended start date for this award is November 1, 2016.

1.3

PERIOD OF PERFORMANCE

The performance period of this contract is from the start date in the Notice to Proceed and continuing for 12 months, with 2 one-year options to renew. The initial period of performance includes any transition period authorized under the contract.

2.0

PRICING

The price listed below shall include all labor, materials, insurance (see FAR 52.228-4 and 52.228-5), overhead, and profit. All consumables (oil, filters, water, etc) are included in the price.

The Government shall pay the Contractor the price per month for standard services that have been satisfactorily performed.

The rates below include all costs associated with providing preventive maintenance services in accordance with the attached scope of work, including materials, labor, travel expenses, insurance (see FAR 52.228-4 and 52.228-5), overhead, profit and Goods and Services Taxes (if applicable).

The contract price shall not be adjusted due to fluctuations in the currency exchange market.

The currency of this contract is ________________ (offeror to identify currency). Local companies shall offer in local currency.

2.1

VALUE ADDED TAX

Value Added Tax (VAT) is not included. Instead, it shall be priced as a separate Line Item in the contract and on Invoices.

Currently we have 66 generators: 8 generators larger than 100KVA and 58 smaller than 100KVA. The monthly price (line item 1 below) shall apply to all generators, regardless of generator size.

Base Year Price for Standard Services for this Contract:

Monthly Subscription/Monitoring Fee

X 12 months

VAT

X number of generators

Subtotal

Base Year Total for All Services

*[Quoter: Insert price]

**[Quoter: Insert total price]

Option Year 1 Price for Standard Services for this Contract:

X 12 months

VAT

x number of generators

Subtotal

Option Year 1 Total for All Services

Option Year 2 Price for Standard Services for this Contract:

X 12 months

VAT

x number of generators

Subtotal

Option Year 2 Total for All Services

CONTINUATION TO SF-1449

STZ20016Q0003

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

1.

DESCRIPTION

The United States Embassy in Dar es Salaam requires preventive maintenance and servicing of the Mission’s residential generators of mixed sizes located at residences located in the Masaki and Oyster Bay area (peninsula) in Dar es Salaam. A list of the generators is located in Exhibit A.

1.1.

GENERAL REQUIREMENTS

The contractor shall be responsible for labor and materials required to carry out all preventive maintenance as outlined in the Statement of Work (SOW).

Servicing the generator shall include servicing the Automatic Transfer Switch (ATS) and the remote sensor system associated with each generator.

The contractor shall provide 24 hour/day and 7 days/week coverage, including technicians available on mobile phone. Technician, parts and backup generator shall be located on the peninsula. Contractor shall provide emergency service within 3 hours of a call.

A back-up unit for emergency power while faulty unit is under repair, including delivery to/from the residence and hook-up, shall be provided. The replacement generator shall be delivered with fuel provided by the contractor for the initial hookup, and topped up by the embassy if necessary.

If ordered by the US Government, the contractor shall provide and install a remote sensor system that shall enable both the contractor and the US Embassy to monitor fuel usage and generator status remotely from a computer. The contractor shall provide technical specifications, along with a work plan of how you shall install and monitor the individual sensors. Contractor shall provide training to embassy personnel on the remote sensor operation.

1.2 STATEMENT OF WORK

The Contractor shall check all generators monthly (approximately every 20 working days), using the checklist in Appendix B or similar. This checklist is a minimum.

The Contractor shall service each generator (change oil and filters) every 250 hours of running time. This service shall include changing the oil and filters, at a minimum. Contractor shall maintain a sufficient stock of commonly used materials (filters, etc.) to ensure routine maintenance coverage.

The Contractor shall provide a monthly report by email to the Contracting Officer’s Representative (COR), detailing work performed and documenting any unmet needs, to be submitted no later than 5 working days from month end to the COR.

The contractor shall advise the Embassy when generators shall be replaced and shall provide the size of the generator.

All technician’s names, plus vehicle make, model and license plate shall be submitted for access approval to US Embassy Facility Maintenance. Any change of technicians or vehicles shall have a new access request submitted. Guards at residences shall not allow access to anyone that is not on the approved access request.

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

1.

Detailed report noting the discrepancy found.

2.

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

3.

Price quote for repair labor.

At a minimum, the following work shall be completed:

•Contractor shall submit to the Contracting Officer’s Representative (COR) the completed monthly work sheet/checklists used for performing the maintenance services.

•COR shall immediately be made aware of any condition discovered that could result in equipment failure.

In addition to the monthly visit and the 250 hour service, the following shall be performed:

Maintenance Interval Schedule

A. Semi-Annually 1.

Conduct visual inspection around generator.

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

Inspect engine and generator wiring harness for wear and damages.

Inspect supports and spring isolators for soundness and stability.

Inspect unit for corrosion.

Hoses and Clamps - Inspect/Replace if needed.

Belts - Inspect/Adjust/Replace if needed.

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

Inspect exhaust piping and muffler insulation.

2.

Batteries Battery charger – Inspect operation and clean.

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

Perform battery load test.

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

3.

Fluids and Filters.

Cooling System Coolant Level - Check and adjust.

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

Jacket Water Heater - Check proper operation.

Engine Oil Level - Check and add if needed.

Fuel/water separators – Drain water.

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

4.

Generator Room.

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

Automatic fuel system -Check operation and control panel.

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

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

Exhaust condensate trap – drain condensate.

5.

Control Panel.

Electrical Connections - Check tightness

Clean and remove dust from panel.

6.

ATS.

Clean and remove dust.

Inspect seals.

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

Tighten connections.

Check for hot spots.

7.

Run unit – No load.

Run the generator with no load for 15 minutes.

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

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

Verify all gauges and indicators are normal and functioning properly.

Check all indication lights, replace any defective bulbs.

8.

Start unit and run under load for 1 hour.

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

Automatic Start/Stop – Inspect.

Check ATS operations and calibrate TDES, TDNE, TDEN, TDEC if necessary. Observe and record retransfer/cool down time.

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

Generator Set Vibration – Inspect.

Read and record all gauges/meters.

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

Check exhaust for excessive black or white smoke.

Check turbocharger for vibrations or any abnormal noise during operation.

Check generator bearing for noise and overheating.

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

9.

Additional.

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

Clean generator and generator room. Wash radiator if necessary.

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

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

Submit Service Inspection and Test Report to COR.

B.

Annually 1.

Conduct Semi-Annual PM Service 2.

Engine Air Cleaner Elements – Replace.

3.

Engine Crankcase Breather – Clean.

4.

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

5.

Engine Oil and Filter – Replace.

6.

Fuel Filters and Water Separators – Replace.

7.

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

8.

Radiator – Clean (pressure wash).

9.

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

10.

Fan Drive Bearing – Lubricate.

11.

Magnetic Pickups - Clean/Inspect.

12.

Cooling System Coolant Sample - Obtain

13.

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

14.

Coolant filter – Change if applicable

15.

Crankshaft Vibration Damper - Inspect

16.

Engine Protective Devices - Check

17.

Engine Valve Lash - Inspect/Adjust

18.

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

19.

Clean and lubricate fuel pump linkages if applicable.

20.

Fan bearing – Inspect/Grease.

21.

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

22.

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

23.

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

24.

Check the cabinet interior for loose hardware – tighten connections.

C.

Option Year 1 Maintenance Schedule Conduct the semi-annual and annual service and:

2.

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

3.

Clean and inspect the oil cooler.

4.

Clean and inspect the after cooler.

5.

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

6.

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

7.

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

D.

Option Year 2 Maintenance Schedule Conduct the semi-annual and annual service and:

1.

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

2.

Cooling System thermostat – Replace

3.

Belts and hoses – Replace

4.

Batteries - Replace

5.

Generator Main Stator Winding Temperature (if equipped with winding defectors) – Check and record main stator winding temperatures with engine under load. NOTE: Nominal temperature values for stand by units are 1800C (3560F) for the alarm and 2050C (4010F) for the shutdown.

6.

Generator Bearing and Bearing Bracket Temperature (If Equipped) – Check and record all bearing bracket temperatures with the engine under a load. NOTE: Nominal temperature values for the bearing bracket are 850C (1850F) for the alarm and 950C (2030F) for the shutdown.

1.3.

MANAGEMENT AND SUPERVISION

1.3.1.

SUPERVISION. The Contractor shall designate a representative who shall be responsible for supervision of the Contractor's workforce at all times. This supervisor shall be the focal point for the Contractor and shall be the point of contact with U.S. Government personnel. The supervisor shall have sufficient English language skill to be able to communicate with members of the U.S. Government staff. The contractor shall provide dedicated service technicians.

1.3.2.

SCHEDULES. The Contractor shall maintain work schedules. The schedules shall take into consideration the hours that the staff can effectively perform their services without placing a burden on the security personnel of the Post. For those items other than standard services, the Contractor shall provide the COR with a detailed plan as to the personnel to be used and the time frame to perform the service.

1.3.3.

QUALITY CONTROL. The Contractor shall be responsible for quality control. The Contractor shall perform inspection visits to the work site on a regular basis. The Contractor shall coordinate these visits with the COR. These visits shall be surprise inspections to those working on the contract.

1.3.4 TECHNICAL GUIDANCE. The Contractor shall have the services of a trained generator technician with experience in the conditions found locally to give technical guidance to the Contractor's work force and to develop and guide the Contractor's programs.

1.3.5.

MAINTENANCE PLAN. The Contractor shall submit an annual Maintenance Plan that reflects the proposed frequency for meeting the requirements of this contract. The Contractor shall submit the Maintenance Plan to the COR for approval within 30 days after contract award.

Contractor shall maintain written record/log of work performed and report the need for major repairs.

1.3.6.

HAZARDOUS AND TOXIC SUBSTANCES. It is the Contractor's responsibility to ensure the safe handling, application, removal and environmentally sound disposal of any hazardous or toxic substances.

2.

WORKING HOURS

All work shall be performed 8am-4pm except for the holidays identified in Section 2. Other hours may be approved by the Contracting Officer's Representative. The Contractor shall provide at least 24 hour advance notice to the COR who shall consider any deviation from the hours identified above.

3.

DELIVERABLES

The following items shall be delivered under this contract:

DESCRIPTION

QUANTITY

DELIVERY DATE

DELIVER TO:

Insurance

10 days after award

Contracting Officer Maintenance Plan

30 days after award

COR

List of Personnel

Transition Plan

Payment Request monthly

4.

PERSONNEL REQUIREMENTS

4.1 GENERAL. The Contractor shall maintain discipline at the site and shall take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by Contractor employees at the site. The Contractor shall preserve peace and protect persons and property on site. The Government reserves the right to direct the Contractor to remove an employee from the worksite for failure to comply with the standards of conduct. The Contractor shall immediately replace such an employee to maintain continuity of services at no additional costs to the Government.

4.2

STANDARD OF CONDUCT

4.2.1 Uniforms and Personal Equipment. The Contractor's employees and vehicles shall all be identifiable as the Contractor’s through the usage of logo, signage and/or clothing. Appropriate ID and vehicular markings are required. The Contracting Officer's Representative (COR) shall approve this visual identity.

4.2.2 Neglect of duties shall not be condoned. The Contractor shall enforce no sleeping while on duty, unreasonable delays or failures to carry out assigned tasks, conducting personal affairs during duty hours and refusing to render assistance or cooperate in upholding the integrity of the worksite security.

4.2.3 Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words, actions, or fighting shall not be condoned. Also included is participation in disruptive activities, which interfere with normal and efficient Government operations.

4.2.4 Intoxicants and Narcotics. The Contractor shall not allow its employees while on duty to possess, sell, consume, or be under the influence of intoxicants, drugs or substances that produce similar effects.

· Criminal Actions. Contractor employees may be subject to criminal actions as allowed by law in certain circumstances. These include but are not limited to the following actions:

· Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records or concealment of material facts by willful omission from official documents or records;

· Unauthorized use of Government property, theft, vandalism, or immoral conduct;

· Unethical or improper use of official authority or credentials;

· Security violations; or,

· Organizing or participating in gambling in any form.

4.2.6 KEY CONTROL. The Contractor shall receive secure, issue and account for any keys issued for access to buildings, offices, equipment, gates, etc., for the purposes of this contract. The Contractor shall not duplicate keys without the COR's approval. Where it is determined that the Contractor or its agents have duplicated a key without permission of the COR, the Contractor shall remove the individual(s) responsible from this contract. If the Contractor has lost any such keys, the Contractor shall immediately notify the COR. In either event, the Contractor shall reimburse the Government for the cost of rekeying that portion of the system.

4.3.

NOTICE TO THE GOVERNMENT OF LABOR DISPUTES

The Contractor shall inform the COR of any actual or potential labor dispute that is delaying or threatening to delay the timely performance of this contract.

4.4. PERSONNEL SECURITY

4.4.1 After award of the contract, the Contractor shall provide the following list of data on each employee who shall be working under the contract. The Contractor shall include a list of workers and supervisors assigned to this project. The Government shall run background checks on these individuals. It is anticipated that security checks shall take 14 days to perform. For each individual the list shall include:

· Full Name

· Place and Date of Birth

· Current Address

· Identification card 4.4.2 Government shall issue identity cards to Contractor personnel, after they are approved. Contractor personnel shall display identity card(s) on the uniform at all times while providing services under this contract. These identity cards are the property of the US Government. The Contractor is responsible for their return at the end of the contract, when an employee leaves Contractor service, or at the request of the Government. The Government reserves the right to deny access to U.S.-owned and U.S.-operated facilities to any individual.

5. MATERIALS AND EQUIPMENT

The Contractor shall provide all necessary supplies and equipment to perform the work.

6. INSURANCE

6.1 AMOUNT OF INSURANCE. 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:

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

1.

Bodily Injury stated in US Dollars:

Per Occurrence $75,000 Cumulative $500,000 2.

Property Damage stated in US Dollars:

Per Occurrence $75,000 Cumulative $500,000 6.3 The 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.

6.4 For those Contractor employees assigned to this contract who are either United States citizens or direct hire in the United States or its possessions, the Contractor shall provide workers’ compensation insurance in accordance with FAR 52.228-3.

6.5 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,

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

6.6 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.

6.7 Government as Additional Insured. The general liability policy required of the Contractor shall name "the United States of America, acting by and through the Department of State," as an additional insured with respect to operations performed under this contract.

6.8 Time for Submission of Evidence of Insurance. The Contractor shall provide evidence of the insurance required under this contract within ten (10) days after contract award. The Government may rescind or terminate the contract if the Contractor fails to timely submit insurance certificates identified above.

7. LAWS AND REGULATIONS

7.1 Without additional expense to the Government, the Contractor shall comply with all laws, codes, ordinances, and regulations required to perform this work. If there is a conflict between the contract and requirements of local law, the Contractor shall promptly advise the Contracting Officer of the conflict and of the Contractor's proposed course of action for resolution by the Contracting Officer.

7.2 The Contractor shall comply with all local labor laws, regulations, customs and practices pertaining to labor, safety, and similar matters, unless they are inconsistent with the requirements of this contract. All employees shall be paid at least the Tanzanian minimum wage, and more is strongly encouraged. As of June 2, 2016, this minimum wage is 100,000 Tanzanian Shillings per month. It is the responsibility of the contractor to know this minimum and to apply it, shall the amount change by government decree during the time of the contract.

8.0. TRANSITION PLAN

Within 10 days after contract award, the Contracting Officer may ask the Contractor to develop a plan for preparing the new Contractor to assume all responsibilities for 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.

9.0. QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

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

Performance Objective

Performance Threshold

Services.

Performs all services set forth above to include General Requirements (1.1) and the Statement of Work (1.2)

All required services are performed and no more than one (1) customer complaint is received per month.

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

(c) STANDARD. The performance standard is that the Government receives no more than one (1) customer complaint per month. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.212-4, Contract Terms and Conditions-Commercial Items), if any of the services exceed the standard.

(d)

PROCEDURES.

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

(2) The COR shall complete appropriate documentation to record the complaint.

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

(4) If the COR determines the complaint is valid, the COR shall 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.

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

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

(7) The COR shall consider complaints as resolved unless notified otherwise by the complainant.

(8) 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 shall contact the Contracting Officer for appropriate action under the Inspection clause.

(9) If services are deemed not acceptable at the CMR (9 Toure) or DCMR (285 Toure) either one or both have to option to opt out of the contract. The Contractor is to state in writing what the cost breakdown is for the CMR and DCMR. In the event that either one or both opts out the costs shall be immediately deducted from the contract.

10. REPLACEMENT WORKERS. Contractor shall provide substitutions and or replacement workers for any absences.

11. INVOICING. The contractor shall submit a hardcopy invoice including the TRA fiscal receipt. To expedite payment, the contractor is encouraged to send invoices via email to darbfovouch@state.gov. However, final payment shall not be made until hardcopies are received.

Do not email or mail invoices to the Embassy Procurement Office or to specific Embassy employees.

To promptly process payment, all invoices shall contain the following information:

· Date the invoice was issued;

· Unique invoice number (generated by the contractor to aid in tracking);

· Contract and Task Order number; and

· A complete and accurate description of goods or services provided and the total cost as it corresponds to the Embassy’s purchase order form.

The contractor shall be paid either via EFT or check. Please note that the Embassy is unable to make EFT payments to the Federal Bank for the Middle East (FBME Bank).

The Embassy is not allowed to request up-front VAT exemptions from TRA. The Embassy shall instead request a refund from TRA after payment is made. The contractor shall include VAT on the invoice and submit original TRA fiscal receipts with the hardcopy invoice. Payments shall be held until the original TRA fiscal receipt is received.

The Embassy follows the US Government Prompt Payment Act which requires bill payment within 30 days of receiving a proper invoice or acceptance of the service, which ever is later. Invoices are not ‘proper invoices’ until they contain the required information as noted above.

Vendors shall direct all payment inquiries to the Voucher Examination Section darbfovouch@state.gov. The Voucher Examination Supervisor is Jane Kalwihura.

EXHIBIT A – LIST OF RESIDENTIAL GENERATORS AS OF MAY 31, 2016

Current Inventory: DAR ES SALAAM

602841

SECTION 2 - CONTRACT CLAUSES

FAR 52.212-4

CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS (MAY 2015), is incorporated by reference (see SF-1449, Block 27A).

FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. (Jun 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

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

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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

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

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

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

__x_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_x__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

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

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

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

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).

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

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

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

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

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

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

___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__x_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

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

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

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

__x_ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

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

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

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

___ (45) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (46) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

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

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

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

___ (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__x_ (48) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (49) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

_x__ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

___ (54) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (55) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

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

___ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (58) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

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

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

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

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

(e)

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

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

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

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

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

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

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

(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

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

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

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

(2) While not required, the…