191N6024Q0013-IDIQ contract-Facilities painting work-final.docx

191N6024Q0013 – PR12686923 - IDIQ CONTRACT DOCUMENT – FACILITIES PAINTING WORK AT U.S. GOVT RESIDENCES & OFFICE BUILDING

TABLE OF CONTENTS

SF-26 COVER SHEET

A. PRICE

B. SCOPE OF WORK

C. PACKAGING AND MARKING

D. INSPECTION AND ACCEPTANCE

E. DELIVERIES OR PERFORMANCE

F. ADMINISTRATIVE DATA

G. SPECIAL REQUIREMENTS

H. CLAUSES

I. LIST OF ATTACHMENTS

J. QUOTATION INFORMATION

K. EVALUATION CRITERIA

L. REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR QUOTERS

ATTACHMENTS:

Attachment 1: Sample Task order form Attachment 2: Statement of Work / BOQ Attachment 3: Technical Specifications and Checklist

6. ADMINISTERED BY (If other than Item 6)

CODE

|_| FOB ORIGIN |_| OTHER (See below)

9. DISCOUNT FOR PROMPT PAYMENT

(1 copies unless other-wise specified) TO THE

11. SHIP TO/MARK FOR – GSO, U.S. Consulate General Chennai, No No.220, Anna CO DE

12. PAYMENT WILL BE MADE BY CODE

220, Anna Salai, Chennai 600006

B&F section, U.S. Consulate General 220, Anna Salai, Chennai 600006

EMAIL ID: MISSIONINDIAPAYMENTS@STATE.GOV

Please submit your quote for Base Year and for Option year 1 separately

16. TABLE OF CONTENTS

SOLICITATION/CONTRACT FORM-SF26

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

PART IV - REPRESENTATIONS AND INSTRUCTIONS

CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 (sealed bid only) AS APPLICABLE

AND OTHER STATEMENTS OF OFFERORS

TATIANA ESCOBAR

(Signature of person authorized to sign)

BY _____________________________________________

(Signature of Contracting Officer)

OMB Approval 2700-0042

SECTION A: PRICE

A.1 SERVICES

The Contractor shall perform all work required in the statement of work for the performance of an Indefinite Delivery/Indefinite Quantity contract, for various painting projects as detailed in the SOW and required by U.S. Consulate General Chennai. The Contracting Officer shall order individual requirements through task orders. The scope of services required shall include, but is not limited to any Painting, Carpentry, Civil, and other painting related services. See Section B, Scope of Work, for the specific description of the work required of the Contractor under this contract.

A.2 TYPE OF CONTRACT

This is a firm-fixed price Indefinite Delivery/Indefinite Quantity type contract (IDIQ) for painting services. The contractor shall furnish services according to task orders issued by the Contracting Officer. Oral task orders may be necessary for emergencies; however, they shall be issued in writing within three days after issuance of the oral instructions. The task orders shall specify the location and type of work requested in Section I, Attachment 2.

A.3 LEVEL OF EFFORT

(a) The Contractor shall provide the services for the base period of the contract at the rates shown in Section A and any option years exercised by the Government.

(b) The quantities of supplies and services specified in the Schedule are estimates only and are not guaranteed by this contract.

(C) The Contractor shall furnish to the Government, when and if ordered, the supplies or services as specified in the Schedule. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. Except as specified in the Delivery-Order Limitations clause or in the paragraph below, there is no limit on the number of orders that may be issued/ordered.

A.4 PERIOD OF PERFORMANCE

The contract will be for a one-year period from the date of the contract award, with a one -year option. For each effective year of the contract, the U.S. Government guarantees a minimum order of INR 40,000 worth of services. The maximum value of services ordered under this contract will not exceed INR 5,800,000 worth of services. This is the maximum amount for base year and option year one and the total ceiling amount of the Contract.

A.5 PRICING

Task orders shall be issued to the Contractor on a firm fixed price basis. In establishing the fixed price for individual task orders, the rates for the required services shall include furnishing all labor, materials, equipment, direct and indirect costs, insurance (see FAR 52.228-4 and 52.228-5), overhead, profit and services, unless otherwise specified in section B.4.3.

A.5.1 GOODS AND SERVICES TAX

The Contractor shall include GST as a separate charge on the Invoice and as a separate line item.

SECTION B: SCOPE OF WORK

B.1 GENERAL INFORMATION

Introduction -The contractor is required to provide painting related services for U.S. Government owned properties (USG residences and office building), as required by the Government. Individual requirements shall be met by the negotiation of separate task orders to the contract. The contractor shall furnish managerial, administrative and direct operational personnel to accomplish all work as required.

B-1.1 DEFINITIONS (see also FAR clause 52.202-1, Alt. 1 [April 1994], cited in I.1)

COR – Contracting Officer´s Representative

Painting Services – Preparation of Consulate office building and residential units for occupancy, including all items in this contract.

B.2 STANDARDS

B.2.1 APPLICABLE PAINTING STANDARDS AND PAINT SPECIFICATIONS

B.2.1.1 LOCAL/INDUSTRY PAINTING STANDARDS

Painting and preparatory work shall be in accordance with the local standards Indian) and American standards, listed in this contract, the stricter of the two shall apply.

B.2.1.2 PAINT SPECIFICATIONS

Paint used shall be Asian or equivalent, color will be stated in each Task Order.

B.2.1.3 PREPARATION AND PROTECTION OF WORK AREA

Painting shall not disturb or damage any fixed property (including light fixtures, floors, carpets, or windows). The contractor shall move, protect, and return such property to its original position.

The contractor shall remove furnishings (such as furniture, rugs) first or protect them by protective covering. The contractor shall also protect floors from soiling and paint spills. The contractor shall not wash wooden floors under any circumstances. To protect floors (of all types) from damage, the contractor shall use a suitable protective cover and provide ladders and scaffolding with clean rubber shoes or similar protection devices.

If the contractor spills any paint, or in any way soils the floors, a specialist floor finishing company at the contractor’s expense shall perform the clean up. After completion of the painting work, the contractor shall return all furnishings to their original position and clean the work area free of litter and debris.

B.2.1.4 TECHNICAL SPECIFICATIONS FOR PAINTING WORK

(a) INTERIOR AND EXTERIOR PAINTING Paint surfaces as directed by the task order. Match paint to similar adjacent materials or surfaces.

(1) "Paint" includes coating systems materials, primers, emulsions, enamels, stains, sealers and fillers, and other applied materials whether used as prime, intermediate or finish coats.

(2) Product Data: Identify each material by the manufacturer's catalog number and general classification.

(3) Single Source Responsibility: Provide primers and undercoat paint produced by the same manufacturer as the finish coats.

(4) Material Quality: Provide the manufacturer's best quality trade sale type paint material. Paint material containers not displaying manufacturer's product identification will not be acceptable.

(5) Deliver materials to the job site in manufacturer's original, unopened packages and containers bearing manufacturer's name and label with trade name and manufacturer's instructions.

(6) Store materials not in use in tightly covered containers in a well-ventilated area at a minimum ambient temperature. Protect from freezing. Keep storage area neat and orderly. Remove oily rags and waste daily.

(7) Project Conditions: Apply paint only in temperatures in accordance with manufacturer's specifications.

(8) Examine substrates and conditions under which painting will be performed for compliance with requirements. Do not begin application until unsatisfactory conditions have been corrected.

(9) Preparation: Remove hardware and hardware accessories, plates, light fixtures, and items in place that are not to be painted or provide protection such as taping prior to surface preparation and painting (taping includes windows, door jams, etc.).

(10) Clean and prepare surfaces to be painted following manufacturer's instructions before applying paint or surface treatments. Remove oil, dust, and direct, loose rust, mildew, peeling paint, or other contamination to ensure good adhesion. In some cases, the contractor may be requested to remove all existing coats of paint and sealers if prior paint application is showing signs of improper adhesion, such as peeling, or chipping. All surfaces must be clean and dry. Schedule cleaning and painting so dust and other contaminants will not fall on wet, newly painted surfaces.

(11) Notify the Contracting Officer or COR of problems anticipated for any minor preparatory work required, such as but not limited to, filling nail holes, cleaning surfaces to be painted, and priming any requisite areas. Plan preparatory work as most units in residential areas will have nail holes or areas that will need to be primed or sealed. Replace all electrical switches and plugs with new covers after painting.

(12) Materials Preparation: Mix and prepare paint following manufacturer's directions.

(13) Application: Apply paint following manufacturer's directions. Use applicators and techniques best suited for substrate and type of material being applied. Do not paint over dirt, rust, scale, grease, moisture, scuffed surfaces, or conditions detrimental to formation of a durable paint film.

(i) Unless otherwise specified, the contractor is to use a high-quality semi-gloss latex paint (containing no lead or mercury) for all kitchens, baths, laundry areas, doorframes, and window frames. The color to be used must be consistent with the balance of the room, which will normally be off-white. Contractor shall provide samples of the color of the type of material to be painted before actual paint date is scheduled.

(ii) On exterior surfaces, apply a high-quality exterior grade latex base paint that matches as closely as possible to the existing color on the exterior of the property, or a color as otherwise specified by the COR. Before painting, scrape, sand, fill and prime the surface with a latex base primer. The contractor should plan on extensive preparatory work before painting. Do not apply exterior paint in wet surfaces.

(iii) Provide finish coats that are compatible with primers used.

(iv) The number of coats and film thickness required is the same regardless of application method. Do not apply succeeding coats until previous coat has cured.

(v) Apply additional coats when undercoats or other conditions show through final coat, until paint film is of uniform finish, color, and appearance.

(14) Scheduling Painting: Apply first coat to surfaces that have been cleaned, pretreated, or otherwise prepared for painting as soon as practicable, and before subsequent surface deterioration. Allow sufficient time between successive coats to permit proper drying. Do not re-coat until paint has dried.

(15) Prime Coats: Before application of finish coats, apply a prime coat as recommended by the manufacturer to material required to be painted or finished, and has not been prime coated.

(16) Brush Application: Brush out and work brush coats into surfaces in an even film. Eliminate cloudiness, spotting, laps, brush marks, runs, sags, ropiness, or other surface imperfections. Draw neat glass lines and color breaks.

(17) Apply primers and first coats by brush unless manufacturer's instructions permit use of mechanical applicators.

(18) Mechanical Applications: Use mechanical / Brush methods for paint application when permitted by manufacturer's recommendations, governing ordinances,

(19) Wherever spray application is used, apply each coat to provide the equivalent hiding of brush-applied coats. Do not double-back with spray equipment to build up film thickness of two coats in one pass, unless recommended by the manufacturer.

(20) Upon completion of painting, clean glass, and paint-spattered surfaces. Remove spattered paint by washing, scraping or other methods, using care not to scratch or damage adjacent finished surfaces.

(21) Remove temporary protective wrappings after completion of painting operations.

(b) DRYWALL/PLASTER REPAIR

Patch defective drywall with a similar thickness and fire rated drywall. Joints must be taped in a manner, so they are not readily visible. The patch must be textured with a texture consistent with the rest of the surface being patched. All nail heads must be set and spackled. Joints must be taped and covered with a joint compound. Spackled nail heads and tape joints must be sanded smooth and all dust removed prior to paining. Exterior surfaces must be spackled with exterior grade compounds.

(c) PAINT EXTERIOR TRIM

Apply a high-quality exterior grade latex base paint that matches as closely as possible the existing color on the exterior trim of the property, or a color as specified by the COR. The trim is to be scraped, sanded, filled, and primed with a latex base primer, prior to painting. The contractor should plan on extensive preparatory work prior to painting. The specifications for exterior paint apply, unless otherwise specified.

(d) REMOVE WALL COVERING

By task order, remove the designated wall covering (such as wallpaper, cork, mirror, and tile). After removing the wall covering the area shall be cleaned and made ready for painting. The contractor shall remove and properly dispose of the old wall covering.

(e) PLASTER

Repair any damaged interior or exterior plaster as directed by the COR. The plaster material shall be of a similar material that matches as closely as possible the existing plaster in texture and color.

B.2.2 CARPENTRY SERVICES

The contractor shall perform the following carpentry services using the checklist in Section I, Attachment 4.

(a) The contractor shall provide minor repair works, including:

Cracks and chips, caulking and staining repaired areas to match the color of the original wood.

B.2.3 MASONRY SERVICES

The contractor shall perform the following masonry services using the checklist in Section I, Attachment 4.

The contractor shall provide minor repair works, including:

(a) Inspect and make necessary repairs to all stone and concrete work, partition walls, and stone facing, for breaks, cracks, crumbling and other deterioration, as needed.

B.2.4 MAJOR REPAIRS

a) The contractor shall immediately inform the COR or the U.S. Consulate General Chennai Facilities team of major safety problems and the need for major and/or specialized repairs to any part of the serviced area of the residential unit or office building.

b) The contractor shall also inform the COR of a major problem in the residential unit or office building in a system or area that is not being serviced as well.

c) The contractor shall be liable for the costs for any damage that occurs because of the contractor’s negligence in its duty to inform the COR.

d) The contractor shall make efforts to minimize such trouble or damage in systems or areas being serviced until proper corrective action can be taken.

e) Major and specialized repairs shall be carried out by the Government, independent of this contract.

B.3. CONTRACTOR PERSONNEL

All personnel assigned by the contractor for the performance of the respective services shall be supervised by the contractor. There shall be no employer-employee relationship between the Government and the personnel.

B.4 SUPERINTENDENCE BY CONTRACTOR

The entire operation of the contracted services shall be superintended by the contractor'srepresentative . The liaison shall coordinate the performance of the contracted services with the needs of the Government.

The liaison, or a qualified assistant, shall be on duty throughout the normal operating hours of the consulate listed in Section F.8.

B.5 QUALITY ASSURANCE

The contractor shall institute an appropriate inspection system including:

(a) Develop and maintain checklists of duties to be carried out,

(b) Ensure these duties are carried out by the supervisory staff and senior employees, and

(c) Perform inspections at all work locations to determine whether the various services are being performed according to the contract requirements.

(d) The contractor shall provide copies of all inspection reports to the COR.

(e) The contractor shall promptly correct and impove any shortcomings and/or substandard conditions noted in such inspections. The contractor shall to the attention of the Contracting Officer or COR, for disposition, any conditions beyond the responsibility of the contractor.

B.6 INSPECTION BY GOVERNMENT

The services performed and the supplies furnished for this contract 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 corrective action, within the scope of this contract, which may be required by the Contracting Officer as a result of such inspection.

B.7 EXISTING CONDITIONS

If applicable, each task order statement of work shall detail existing conditions for a particular project. A general description may be provided of the site, i.e., area, status of control, boundary conditions (streets, other properties), utilities, factors affecting telecommunications, existing structures, easements, rights of way, topography, and any special conditions.

SECTION C : PACKAGING AND MARKING

Packaging and marking shall follow commercial practice.

Deliverable items other than letter reports shall be threehole punched and bound with screwtype binders and rubber bands.

The Contractor shall address letters and all deliverables as listed below:

U.S. CONSULATE GENERAL, 220, Anna Salai, Gemini Circle, Chennai 600006

SECTION D: INSPECTION AND ACCEPTANCE

The COR, or his/her authorized representatives, will inspect from time to time the services being performed and the supplies furnished to determine whether 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.

D.1 Quality Assurance and Quality Control

A principal factor of performance on a project is the Contractor’s control of the quality of workmanship. The Contractor shall establish and maintain a project-specific Quality Management Program (QMP) which defines and implements a quality system. The quality system is a documented organizational process which describes responsibilities, procedures, and resources for providing quality control and quality assurance on a project. Effectiveness of the QMP is achieved through adequate planning, forceful direction, and checking in the sense of measurement and evaluation. The QMP applies to the control of quality throughout all areas of contract performance.

The Contractor’s QMP shall be the Contracting Officer’s Representative (COR) to provide employees, consultants, and/or joint-venture partners with established, uniform procedures for production of project data and documents throughout the construction process. Principal functions of the QMP are the following:

The Contractor shall be responsible for all materials delivered and work performed until final completion and acceptance of the entire work, except for any completed unit of work, which may have been accepted in writing under the contract.

D.2 Substantial Completion

(a) "Substantial Completion" means the stage in the progress of the work as determined and certified by the Contracting Officer in writing to the Contractor, on which the work (or a portion designated by the Government) is sufficiently complete and satisfactory. Substantial completion means that the property may be occupied or used for the purpose for which it is intended, and only minor items such as touch-up, adjustments, and minor replacements or installations remain to be completed or corrected which:

(1) do not interfere with the intended occupancy or utilization of the work, and

(2) can be completed or corrected within the time period required for final completion.

(b) The "date of substantial completion" means the date determined by the Contracting Officer or authorized Government representative as of which substantial completion of the work has been achieved.

Use and Possession upon Substantial Completion - The Government shall have the right to take possession of and use the work upon substantial completion. Upon notice by the Contractor that the work is substantially complete (a Request for Substantial Completion) and an inspection by the Contracting Officer or an authorized Government representative (including any required tests), the Contracting Officer shall furnish the Contractor a Certificate of Substantial Completion. The certificate will be accompanied by a Schedule of Defects listing items of work remaining to be performed, completed, or corrected before final completion and acceptance. Failure of the Contracting Officer to list any item of work shall not relieve the Contractor of responsibility for complying with the terms of the contract. The Government's possession or use upon substantial completion shall not be deemed an acceptance of any work under the contract.

D.3 Final Completion and Acceptance

D.3.1 "Final completion and acceptance" means the stage in the progress of the work as determined by the Contracting Officer and confirmed in writing to the Contractor, at which all work required under the contract has been completed in a satisfactory manner, subject to the discovery of defects after final completion, and except for items specifically excluded in the notice of final acceptance.

D.3.2 The "date of final completion and acceptance" means the date determined by the Contracting Officer when final completion of the work has been achieved, as indicated by written notice to the Contractor.

D.3.3 FINAL INSPECTION AND TESTS. The Contractor shall give the Contracting Officer at least five (5) days advance written notice of the date when the work will be fully completed and ready for final inspection and tests. Final inspection and tests will be started not later than the date specified in the notice unless the Contracting Officer determines that the work is not ready for final inspection and so informs the Contractor.

D.3.4 Final Acceptance. If the Contracting Officer is satisfied that the work under the contract is complete (with the exception of continuing obligations), the Contracting Officer shall issue to the Contractor a notice of final acceptance and make final payment upon:

· Satisfactory completion of all required tests,

· A final inspection that all items by the Contracting Officer listed in the Schedule of Defects have been completed or corrected and that the work is finally complete (subject to the discovery of defects after final completion), and

· Submittal by the Contractor of all documents and other items required upon completion of the work, including a final request for payment (Request for Final Acceptance).

SECTION E: DELIVERIES OR PERFORMANCE

E.1 PERIOD OF PERFORMANCE

The base contract period will be one year from the date of contract execution. The contract may be extended by exercising an one-year option. The contract period, including a maximum of one option year may not exceed two years with option to extend for six more months.

E.2 DELIVERABLES

The deliverables and delivery schedule shall be determined and included in each task order.

E.3 DELIVERY CHARGES

All delivery charges shall be prepaid by the Contractor.

E.4 ORDER OF SERVICES

The Contracting Officer reserves the right to establish the order in which the services are performed.

E.5 CONTRACTOR DELAYS

The project schedule is a key parameter of task order projects. Completion of the design and documentation is key to the project as a whole. Liquidated damages are anticipated for construction associated with certain task order projects. Liquidated damages are not required for the A/E effort; however, the Government will require adequate consideration for any slippage in schedule without an excusable delay. The Contractor is required to document any delays and submit justification to the Contracting Officer.

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to:

(a) commence work under this contract within 15 calendar days after the date the Contractor receives the task order,

(b) prosecute the work diligently, and,

(c) complete the entire work ready for use not later than no. of working days agreed with the consulate for final completion.

The time stated for completion shall include final cleanup of the premises.

52.211-12 LIQUIDATED DAMAGES - CONSTRUCTION (SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, or any extension, the Contractor shall pay liquidated damages to the Government in the amount of Rs.3,050 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Default clause.

CONTRACTOR'S SUBMISSION OF CONSTRUCTION SCHEDULES

(a) The time for submission of the schedules referenced in FAR 52.236-15, "Schedules for Construction Contracts", paragraph (a), is hereby modified to reflect the due date for submission as "10 calendar days after receipt of an executed contract".

(b) These schedules shall include the time by which product data, samples and other submittals required by the contract will be submitted for approval.

(c) The Contractor shall revise such schedules (1) to account for the actual progress of the work, (2) to reflect approved adjustments in the performance schedule, and (3) as required by the Contracting Officer to achieve coordination with work by the Government and any separate contractors used by the Government. The Contractor shall submit a schedule, which sequences work so as to minimize disruption at the job site.

(d) All deliverables shall be in the English language and any system of dimensions (English or metric) shown shall be consistent with that used in the contract. No extension of time shall be allowed due to delay by the Government in approving such deliverables if the Contractor has failed to act promptly and responsively in submitting its deliverables. The Contractor shall identify each deliverable as required by the contract.

(e) 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 contract modification 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, or

(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.

NOTICE OF DELAY

If 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 late completion of the project, the Contractor shall notify the Contracting Officer. The Contractor’s notice shall state 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. The Contractor shall give such notice promptly, not more than ten (10) days after the first event giving rise to the delay or prospective delay. Only the Contracting Officer may make revisions to the approved time schedule.

NOTICE TO PROCEED

(a) After receiving and accepting evidence of insurance, the Contracting Officer will provide the Contractor a Notice to Proceed. The Contractor must then prosecute the work, commencing and completing performance not later than the time period established in the contract.

(b) It is possible that the Contracting Officer may elect to issue the Notice to Proceed before receipt and acceptance of evidence of insurance. Issuance of a Notice to Proceed by the Government before receipt of insurance certificates or policies shall not be a waiver of the requirement to furnish these documents.

WORKING HOURS

All work shall be performed between 09:00 hrs. – 17:00 hrs. Monday through Saturday except for the holidays identified below. Other hours, if requested by the Contractor, may be approved by the Contracting Officer's Representative (COR). The Contractor shall give 24 hours in advance to COR who will consider any deviation from the hours identified above. Contractor will not be a cause for a price increase.

U.S. Consulate General Chennai’s holiday list for 2024:

Birthday American

When U.S. holiday falls on a Saturday, for most employees, the preceding Friday will be treated as a holiday for pay and leave purposes. (See 5 U.S.C. 6103(b).) If a holiday falls on a Sunday, for most employees, the following Monday will be treated as a holiday.

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

When any such day falls on a Saturday, the preceding Friday is observed; when any such day falls on a Sunday, the following Monday is observed. Observance of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract. If the Contractor's personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized pursuant to an overtime clause elsewhere in this contract.

POST AWARD CONFERENCE

A post award conference will be held 10 days after award of task order at U.S. Consulate General Chennai located at 220, Anna Salai, Chennai 600006 to discuss the schedule, submittals, notice to proceed, mobilization and other important issues that affect work progress.

DELIVERABLES

DELIVERABLES - The following items shall be delivered under this contract:

SECTION F: ADMINISTRATIVE DATA

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 Maintenance Engineer. However, if the COR changes for a specific project, the Government shall identify the individual in the task order.

Payment: The Contractor's attention is directed to Section H, 52.232-5, "Payments Under Fixed-Price Construction Contracts". The following elaborates on the information contained in that clause.

Requests for payment, may be made no more frequently than monthly. Payment requests shall cover the value of labor and materials completed and in place, including a prorated portion of overhead and profit.

After 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 is then due. If the Contracting Officer does not approve payment of the full amount applied for, less the retainage allowed by in 52.232-5, the Contracting Officer shall advise the Contractor as to the reasons.

Under the authority of 52.232-27(a), the 14 day period identified in FAR 52.232-27(a)(1)(i)(A) is hereby changed to 30 days.

B&F Section

U.S. Consulate General Chennai

220, Anna Salai, Chennai 600 006

The Contractor shall show Goods and Services Tax (GST) as a separate item on invoices submitted for payment.

SECTION G: SPECIAL REQUIREMENTS

G.1.0 INSURANCE - The Contractor is required by FAR 52.228-5, "Insurance - Work on a Government Installation" 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:

G.1.1 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

(2) PROPERTY DAMAGE, ON OR OFF THE SITE, IN U.S. DOLLARS

G.1.2 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.

G.1.3 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.

G.1.4 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.

G.1.5 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.

G.1.6 The contractor shall be responsible for all materials delivered and work performed until final completion and acceptance of the entire work, except for any completed unit of work that may have been accepted in writing under the contract.

G.2.0 Document Descriptions

G.2.1 Supplemental Documents: The Contracting Officer shall furnish from time to time information as is considered necessary, in the opinion of the Contracting Officer, to interpret, clarify, supplement, or correct inconsistencies, errors or omissions in the Contract documents, or to describe minor changes in the work not involving an increase in the contract price or extension of the contract time. The Contractor shall comply with the requirements of the supplemental documents, and unless prompt objection is made by the Contractor within 20 days, their issuance shall not provide for any claim for an increase in the Contract price or an extension of contract time.

G.2.1.1. Record Documents. The Contractor shall maintain at the project site:

(1) a current marked set of specifications indicating all interpretations and clarification, contract modifications, change orders, or any other departure from the contract requirements approved by the Contracting Officer; and,

(2) a complete set of product data, samples and other submittals as approved by the Contracting Officer.

G.3.0 Laws and Regulations – The Contractor shall, without additional expense to the Government, be responsible for complying with all laws, codes, ordinances, and regulations applicable to the performance of the work, including those of the host country, and with the lawful orders of any governmental authority having jurisdiction. Host country authorities may not enter the construction site without the permission of the Contracting Officer. Unless otherwise directed by the Contracting Officer, the Contractor shall comply with the more stringent of the requirements of such laws, regulations and orders and of the contract. In the event of a conflict between the contract and such laws, regulations and orders, 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.

G.3.1 The Contractor shall comply with all local labor laws, regulations, customs and practices pertaining to labor, safety, and similar matters, to the extent that such compliance is not inconsistent with the requirements of this contract.

G.3.2 The Contractor shall give written assurance to the Contracting Officer that all subcontractors and others performing work on or for the project have obtained all requisite licenses and permits.

G.3.3 The Contractor shall submit proper documentation and evidence satisfactory to the Contracting Officer of compliance with this clause.

G.4.0 Construction Personnel The Contractor shall maintain discipline at the site and at all times take all reasonable precautions to prevent any unlawful, riotous, or disorderly conduct by or among those employed at the site. The Contractor shall ensure the preservation of peace and protection of persons and property in the neighborhood of the project against such action. The Contracting Officer may require, in writing that the Contractor remove from the work any employee that the Contracting Officer deems incompetent, careless, insubordinate or otherwise objectionable, or whose continued employment on the project is deemed by the Contracting Officer to be contrary to the Government's interests.

G.4.1 If the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately give notice, including all relevant information, to the Contracting Officer.

G.4.2 After award, the Contractor has ten calendar days to submit to the Contracting Officer a list of workers and supervisors assigned to this project for the Government to conduct all necessary security checks. It is anticipated that security checks will take 15 days to perform. For each individual the list shall include:

Full Name Place and Date of Birth Current Address Identification number

Failure to provide any of the above information may be considered grounds for rejection and/or resubmittal of the application. Once the Government has completed the security screening and approved the applicants a badge will be provided to the individual for access to the site. This badge may be revoked at any time due to the falsification of data, or misconduct on site.

G.4.3 The Contractor shall provide an English speaking supervisor on site at all times. This position is considered as key personnel under this purchase order.

G.4.4 Materials and Equipment - All materials and equipment incorporated into the work shall be new and for the purpose intended, unless otherwise specified. All workmanship shall be of good quality and performed in a skillful manner that will withstand inspection by the Contracting Officer.

G.5.0 Special Warranties

G.5.1 Any special warranties that may be required under the contract shall be subject to the stipulations set forth in 52.246-21, "Warranty of Construction", as long as they are not in conflict.

G.5.2 The Contractor shall obtain and furnish to the Government all information required to make any subcontractor's, manufacturer's, or supplier's guarantee or warranty legally binding and effective. The Contractor shall submit both the information and the guarantee or warranty to the Government in sufficient time to permit the Government to meet any time limit specified in the guarantee or warranty, but not later than completion and acceptance of all work under this contract.

G.6.0 Equitable Adjustments

Any circumstance for which the contract provides an equitable adjustment that causes a change within the meaning of paragraph (a) of the "Changes" clause shall be treated as a change under that clause; provided, that the Contractor gives the Contracting Officer prompt written notice (within 20 days) stating:

(a) the date, circumstances, and applicable contract clause authorizing an equitable adjustment and

(b) that the Contractor regards the event as a changed condition for which an equitable adjustment is allowed under the contract

The Contractor shall provide written notice of a differing site condition within 10 calendar days of occurrence following FAR 52.236-2, Differing Site Conditions.

SECTION H: CLAUSES

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.

The following Federal Acquisition Regulation clause(s) is/are incorporated by reference (48 CFR CH. 1):

CLAUSE TITLE AND DATE

52.202-1 DEFINITIONS (JUN 2020)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUN 2020)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED OR PROPOSED FOR DEBARMENT (JUN 2020)

52.213-4 TERMS AND CONDITIONS-SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS) (JUL 2021)

52.216-7 ALLOWABLE COST AND PAYMENT (JUN 2013)

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

52.222-19 CHILD LABOR – COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2018)

52.222-50 COMBATING TRAFFICKING IN PERSONS (OCT 2020)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (JUN 2020)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021)

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT (FEB 2000)

52.225-19 CONTRACTOR PERSONNEL IN A DESIGNATED OPERATIONAL AREA OR SUPPORTING A DIPLOMATIC MISSION OUTSIDE THE UNITED STATES (MAR 2008)

52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.228-11 PLEDGES OF ASSETS (FEB 2021)

52.228-13 ALTERNATIVE PAYMENT PROTECTION (JULY 2000)

52.228-15 PERFORMANCE AND PAYMENT BONDS-CONSTRUCTION (JUN 2020)

52.229-6 TAXES - FOREIGN FIXED-PRICE CONTRACTS (FEB 2013)

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

52.232-11 EXTRAS (APR 1984)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

52.232-22 LIMITATION OF FUNDS (APR 1984)

52.232-25 PROMPT PAYMENT (JULY 2013)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (MAY 2014)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER – OTHER THAN SYSTEM FOR AWARD MANAGEMENT (JULY 2013)

52.233-1 DISPUTES (MAY 2014) Alternate I (DEC 1991)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

52.236-8 OTHER CONTRACTS (APR 1984)

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984)

52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

52.236-12 CLEANING UP (APR 1984)

52.236-13 ACCIDENT PREVENTION (NOV 1991)

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

52.242-14 SUSPENSION OF WORK (APR 1984)

52.243 1 CHANGES FIXED PRICE (AUG 1987) Alternate III (APR 1984

52.243-4 CHANGES (JUN 2007)

52.243-5 CHANGES AND CHANGED CONDITIONS (APR 1984)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUL 2021)

52.245-1 GOVERNMENT PROPERTY (SEP 2021)

52.245-2 GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES (APR 2012)

52.245-9 USE AND CHARGES (APR 2012)

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN 2003)

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

52.246-26 REPORTING NONCONFORMING ITEMS (JUN 2020)

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012)

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

52.249-14 EXCUSABLE DELAYS (APR 1984)

I. FAR CLAUSES INCORPORATED IN FULL TEXT

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

(a) Definitions. As used in this clause— Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or…