191N6526Q0050 Solicitation.pdf

TABLE OF CONTENTS

SF 1442-COVER SHEET

A. PRICING

B. STATEMENT OF WORK (ON PAGE# 3 -9)

C. INSPECTION AND ACCEPTANCE

D. DELIVERIES AND PERFORMANCE

E. CONTRACT ADMINISTRATION DATA

F. SPECIAL TERMS AND CONDITIONS

G. CLAUSES

H. INSTRUCTIONS ON HOW TO SUBMIT A QUOTATION

I. EVALUATION CRITERIA

J. REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS

SECTION A - PRICING

A. PRICE

The Contractor shall complete all work, including furnishing all labor, material, equipment, and services required under this purchase order for the following firm fixed price and within the time specified. This price shall include all labor, materials, all insurance, overhead and profit.

LABOUR COST IN INR

MATERIAL COST IN INR

OVERHEADS

PROFIT

TRANSPORTATION CHARGES

TOTAL PRICE (including all labor, materials, transportation overhead and profit)

GST @

GRAND TOTAL INCLUDING GST@

A.1 GOODS AND SERVICES TAX (GST)

In order to enable the U.S. Government to claim GST refunds, the Contractor will include GST as a separate charge on the Invoice and as a separate line item.

Offeror, registered with GST authority, should submit a copy of GST registration certificate along with the offer. This is a mandatory requirement for evaluation purposes. Acceptability will be determined by assessing the offeror's compliance with the terms of the solicitation. The The government will determine contractor responsibility by analyzing whether the apparent successful offeror complies with the requirements of FAR 9.1.

In order to enable the U.S. Government to claim GST refunds, the offeror shall indicate GST separately. The contractor shall furnish tax invoices in accordance with New Delhi GST regulations. GOI registered vendors must print the Embassy’s UID 0717USA00138UNS on the invoice otherwise their invoice shall be rejected by the Embassy.

52.216-27 Single or Multiple Awards (Oct 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

(End of provision)

SECTION B - STATEMENT OF WORK

Swing Space – Second Skin above PUF Panels

US Embassy, New Delhi

1.0 Background and Purpose:

Embassy of the United States of America in New Delhi has a requirement to hire services of a contractor to install metal corrugated skin on top of existing metal roofing of Swing Space building complete with labor and material. Work involves erection of scaffolding and experience labor for carrying out the metal job. The approximate area is 11,000 square feet.

2.0 GENERAL REQUIREMENTS

a. Contractors shall provide personnel, material, equipment, and supervision to complete the work as per Statement of Work. The contractor shall follow security and safety (please refer to the attached OSHA Guidance for Safety) directions as explained by the COR.

b. The contractor and his workers will have limited access to the work site and shall not go to any other place in compound until unless approved by COR.

c. The contractor must bring in the scaffolding material and stack them properly by barricading around to restrict any unauthorized entry into space.

d. Any damage that occurs to the building, equipment, furnishings or landscaping due to the failure of Contractor to properly protect and secure the work site while the roof project is in progress shall be Contractor’s responsibility to repair or replace the damage that has taken place matching to existing at Contractor’s expense.

e. Total working days on site for this job would be 30.

3.0 Scope of Work

Erection of Scaffolding:

3.1 Under this contract, contractor must provide and install metal scaffolding (cup loc scaffolding) to reach a pitched roof approximately 30’-0” – 40’-0” above the ground level on all side of the building and create anchoring points to tie safety harnesses. Contractors can verify the height and width during walk through. Any ambiguity later will not be considered. Below are the works which the contractor must furnish:

3.1.1 Storage Area:

Contractors will be provided with a designated space for storage of tools and tackles to work on this project.

3.2 Contractor shall follow the steps below to get the scaffolding erected:

Step 1: Contractor must get the scaffolding designed for its sturdiness and resistance against overturning moments from a certified third party. A certified copy of the scaffolding design will be required.

Step 2: Contractor shall share safety plan for entire work. Contractor shall get the scaffolding installation designed and inspected by a competent authority and obtained approval from COR.

Step 3: Upon approval of scaffolding design, contractor shall make barricading for the designated storage space on the compound.

Step 4: Upon approval of the barricading, the contractor shall bring the scaffolding material on compound. All the material will be checked for its functionality and safe work performance.

Step 5: Once all scaffolding material is checked and the approved contractor can start erection of scaffolding per requirement. The contractor must get the installed scaffolding inspected by a third-party inspector to certify its compliance with the design and safe for people to work on this scaffolding with inclined ladders inside the scaffolding.

Note: Scaffolding shall be covered from all three sides with a green construction fabric to make it opaque and restrict any entry into the scaffolding area. A door with locking facility shall be installed to restrict the entry of unauthorized personnels into the construction space.

Step 6: The Contractor must provide a qualified English-speaking supervisor for the entire duration of work.

Step 7: It will be the Contractor Supervisor’s responsibility to check on the sturdiness of scaffolding each day before start of work and ensure that it is safe to work on it. It is the responsibility of the Contractor to ensure that all scaffolding material is in sound condition, regularly inspected and kept on record.

Step 8: The Contractor shall supply his own transport of adequate size to move own labor, materials, tools, and equipment to provide an effective and efficient. service. No claims will be accepted for costs for additional equipment requirements, consumables and standing time.

Step 10: Inclined stair flights (45º) are mandatory as a means of access to and egress from work platforms, unless it is not practical to install inclined stairs flights such as where there is no space for the inclined stairs flights. An additional Risk Assessment should be carried out and recorded in these instances.

Step 11: For ease of installation, stair flights shall be of light construction but capable of withstanding imposed loads.

Step 12: The maximum load rating of scaffolding systems should be clearly indicated in the submission.

Step 13: Contractor shall tie a jute / PVC rope approximately 2” in diameter from one end to another end of the building (along the length of the building) for workers to tie in their safety harnesses while working. This is an adviser to the contractor, but contractor will be ultimately responsible for the safety and security of his workers. Contractor is liable to find a suitable and mutually acceptable way to tie the safety harnesses of workers during work timings.

4.0 New Corrugated Sheeting

A. Approximate area to be covered with metal corrugated sheets is approximately 11,500 square feet. This is pitched roof made up of 50mm PUF panels. The proposed covering of PUF panel roof with metal corrugated sheet roof includes, but is not limited to, the following:

Technical Specifications:

1. Sheet thickness: Minimum 0.5 mm TCT

2. Sheet coating: Pre-painted GI / Galvalume (AZ150 or equivalent)

3. Color coating: 20–25-micron exterior coating

4. Fasteners: Self-drilling zinc-coated screws with EPDM washers long enough to penetrate in purlins beneath the existing PUF panels (75mm long)

5. Contractor to ensure no damage to existing PUF roof panels.

6. Identify the purlins underneath the PUF roof panels and draw transfer their location on top for ease of anchoring.

7. Remove the ridge cap and save it for reuse and if beyond repairs prepare a new one for installation.

8. Start putting precoated (Metro Sheets) 0.5mm thick blue color corrugated sheets which fit exactly above the existing.

9. If need be, get the sheets customized to suit the existing corrugations.

10. Contractors should use suitable washers on the top to make them watertight and have a long life in prevailing weather (extreme hot, extremely cold and monsoons).

11. No coating to be done on top of these sheets except around new tapings to make them waterproof.

12. New corrugated sheets shall be discharged in the existing gutters on both sides of the slope. If gutters need to be adjusted to accommodate new sheets that will be in contractors scope.

13. Contractor shall do flood test on new sheeting by creating buds at intermediate levels to hold the water.

Important Conditions

• Contractors must provide shop drawings before execution with connection details.

• Work includes all labor, tools, and safety equipment.

• Material test certificates to be submitted.

• Measurement will be made on actual installed area.

• Warranty for sheets: minimum 10 years coating warranty.

1.

4.2 PROJECT PROCEDURES:

A. The Embassy will occupy premises during the entire period of construction for the conduct of normal, daily operations. The contractor shall conduct his operations to ensure the least inconvenience to Embassy’s operations.

B. Contractors shall take precautions to avoid excessive noise or vibration that would disturb the Embassy’s operations. When directed by Embassy, Contractor shall perform certain operations at designated time of day or night to minimize disturbance.

4.3 Application:

4.3.1 PREPARATION OF SUBSTRATE

A. Currently the corrugated metal roof has few coats of elastomeric coating with geotextile. Depending on the size of the corrugation available, existing surface needs to be prepared so that the new metal corrugated sheet corrugations fit properly and connect firmly with the existing surface without giving much space between the two.

B. If need be, contractor shall get the sheets fabricated specially to fit properly on the existing corrugated sheets.

C. Existing corrugated sheets are 50mm thick PUF panels.

D. Surface preparation is the most critical procedural requirement in paint applied coating systems.

Remove all loose particles, delaminated paint, oil, grease, laitance, efflorescence, mild, mildew, loose old coating, and other foreign materials. Areas shall be first scraped, swept clean, and then thoroughly power washed. Use high power adjustable pressure washer with a minimum 3500 PSI (Pounds per Square Inch) mechanical spray device.

5.0 Working Hours:

5.1 On site working hours will be from 0830 in the morning till 1730 in the evening.

Every day from Monday to Friday. Vendor may get working permission on Sunday from COR upon request.

6.0 RESPONSIBILITY OF THE CONTRACTOR

6.1 PROJECT SAFTEY:

A. Contractor is responsible for safety and shall comply with all local labor laws, regulations, customs and practices pertaining to labor, safety and similar matters. Contractor shall prepare a Construction Accident Prevention Plan to cover total project safety.

B. The products being used for this roof coating repair give off vapors while curing. Close and seal all doors and windows near and around work area. Close off and seal all HVAC air intake points, goose necks, and vents with duct tape and polyethylene sheeting. Shutting down the HVAC may be necessary during the work so as not to affect the equipment.

C. The Contracting Officer and the Post Occupational Safety and Health Officer [POSHO] reserve the right to suspend work when and where Contractor’s safety and health program is operating in an inadequate or non-complying manner.

D. Contractor is responsible and shall continue management and implementation of a safety and health program throughout construction.

E. The Contracting Officer and the Post Occupational Safety and Health Officer [POSHO] reserve the right to suspend work when and where Contractor's safety and health program is operating in an inadequate or non-complying manner.

F. Contractor shall provide all Personal Protective Equipment for the workers as per the requirement to work on scaffolding and at height. Work will be stopped in case the proper protection equipment is not found with the workers and the lapse of time shall be at the Contractor’s expense.

6.2 PROJECT SECURITY:

A. Personnel Clearances: Labor Background checks will require a minimum of 21 days for clearance. Local labor may be used on this Project if they are escorted by local embassy employees or U.S. cleared citizens.

B.Vehicle Clearances: Submit authorization requests, to include dates, vehicle type, license number, and driver name, for each motorized vehicular implement used on-site.

C. Access to Site: Contractor shall have limited access to or be admitted into the compound outside the areas designated for the project except with permission by the Embassy.

D. Access to Work Area:

1. Local Labor shall access from the EXTERIOR of the building

2. Material loading/off-loading shall be from the EXTERIOR of the building.

E. Procurement/Storage: Materials shall be procured by NON-SECURE or local means and stored NON- SECURE. All materials may be inspected prior to use on the project.

6.3 The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all construction and other services furnished under this contract. The Contractor shall, without additional compensation, correct or revise any errors or deficiencies in its construction and other services.

6.4 The Contractor shall identify and appoint a Project Manager who should be qualified and have experience in the field of similar projects for the management of this Contract. Project Manager will always be present on the site. He / She shall be able to speak and write the English language.

6.5 The Contractor shall comply with all local labor laws, regulations, customs, and practices pertaining to labor, safety, and similar matters. The Contractor shall promptly report all accidents resulting in lost time, disabling, or fatal injuries. USG shall not be liable for any mishap or incident that happened on site due to negligence on part of contractor.

6.6 All expenses towards mobilization at site and demobilization including bringing in equipment, workforce and materials, profit, and overheads, dismantling the equipment, clearing the site etc.

should be included in the rates quoted by the Contractor. No separate payment on such expenses shall be entertained.

6.7 Contractor shall provide the necessary scaffolding, overhead protection barriers, construction lift, debris chute and associated equipment for the satisfactory completion of the project.

6.8 The Contractor should arrange for the site visit of the professional in his field from the manufacturer of materials used in this project that will be providing warranties to supervise the project during work in progress.

6.9 Contractor shall let COR know for any access requirements for men and vehicles at least 24 hours in advance (working days)

7.0 PERIOD OF PERFORMANCE

7.1 Contractor shall submit crew security forms, construction bar chart of complete project schedule and material product data after Contract Award.

7.2 Working hours should be 8:00 AM to 5:30 PM Monday through Friday. No work shall be done on Sundays and holidays unless otherwise approved.

7.3 Milestones:

Pre-proposal Site Visit: …………………………… Pre-Construction Submittals Within 10 Days of Award Notice to Proceed: Within 10 days of Submittal Approval Construction: 30 days on-site (will consider additional time if customized sheets needs to be manufactured.)

Final Clean-up and Acceptance: Within 10 days before Completion Rainy Season Months:

July - September

END OF STATEMENT OF WORK

SECTION C - 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 because of such inspection.

D.1 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.2 FINAL COMPLETION AND ACCEPTANCE

D.2.1 "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.2.2 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.2.3 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.2.4 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 D - DELIVERIES AND PERFORMANCE

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

The Contractor shall be required to:

(a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and,

(c) complete the entire work ready for use not later than 30 working days after issuance of NTP.

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 1% for each calendar day of subject to a maximum of 10% of the total contract value, 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 " 5 calendar days after receipt of an executed contract".

(b) These schedules shall include the time by which shop drawings, 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 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 revise the approved time schedule.

NOTICE TO PROCEED

(a) After receiving and accepting any bonds or evidence of insurance, the Contracting Officer will provide the Contractor with 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 any bonds or evidence of insurance. Issuance of a Notice to Proceed by the Government before receipt of the required bonds or insurance certificates or policies shall not be a waiver of the requirement to furnish these documents.

WORKING HOURS

All work shall be performed during normal working hours between 0830 to 1700 hours from Monday to Friday. 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. Changes in work hours, initiated by the Contractor, will not be a cause for a price increase.

PRECONSTRUCTION CONFERENCE

A preconstruction conference will be held 10 days after the contract to discuss the schedule, submittals, notice to proceed, mobilization and other important issues that affect construction progress. See FAR 52.236-26, Preconstruction Conference.

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

Description Quantity Deliver Date Deliver To

Section E. Construction Schedule 1 10 days after award COR Section E. Preconstruction Conference 1 10 days after award COR Section G. Personnel Biographies 1 10 days after award COR

Section F. Payment Request 1 Last calendar day of each month COR

Section D. Request for Substantial Completion 1 10 days before inspection COR

Section D. Request for Final Acceptance 1 10 days before completion COR

SECTION E – CONTRACT ADMINISTRATION 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 Civil Engineer.

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.

Partial payment is authorized under this contract as per the milestones fixed in the Scope of Work.

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 based on an inspection of the work, the Contracting Officer shall decide 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.

INVOICE SUBMISSION INSTRUCTIONS:

Invoices must be submitted via email to MissionIndiaPayments@state.gov with the Purchase Order number in the subject line. Physical invoices will not be accepted and may lead to payment being delayed. It is mandatory to submit electronic/scanned/digital image invoices only. You will receive an auto acknowledgement once the invoice is received. Please do not submit duplicate emails.

• Invoices from Indian businesses must be a proper Tax Invoice. The US Embassy's GST number is 0717USA00138UNS.

• Partial payment authorized as per payment milestones.

• Subject line while submitting invoice must mention; PO#, Invoice#, Amount.

• Electronic / scanned invoice must be labelled as “Tax Invoice”. The invoice must have GST number of the vendor and American Embassy’s UNI number 0717USA00138UNS.

• Electronic / scanned invoice must list GST rate percentage for each category of goods or services.

mailto:MissionIndiaPayments@state.gov

• Electronic / scanned invoices must be either typed or handwritten, handwriting on a typed invoice is not acceptable.

• Vendor should only submit invoice after delivering goods or services.

• Payment shall be processed within 30 days through EFT (electronic funds transfer) from the date of receipt of services and receipt of correct invoice. For any queries regarding payment, please contact FMC at MissionIndiaPayments@state.gov.

mailto:MissionIndiaPayments@state.gov

SECTION F – SPECIAL TERMS AND CONDITIONS

G.1.0 PERFORMANCE/PAYMENT PROTECTION – RESERVED

G.2.0 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.2.1 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, IN U.S. DOLLARS

Per Occurrence 100,000 INR

Cumulative 1,000,000 INR

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

Per Occurrence 100,000 INR

Cumulative 1,000,000 INR

G.2.2 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.2.3 The Contractor agrees that the Government shall not be responsible for personal injuries or for damage to any property of the Contractor, its officers, agents, servants, and employees, or any other person, arising from an incident to the Contractor's performance of this contract. The Contractor shall hold harmless and indemnify the Government from all claims arising therefrom, except in the instance of gross negligence on the part of the Government.

G.2.4 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.2.5 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.3.0 DOCUMENT DESCRIPTIONS

G.3.1 SUPPLEMENTAL DOCUMENTS: The Contracting Officer shall furnish from time to time such detailed drawings and other 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.3.1.1. RECORD DOCUMENTS. The Contractor shall maintain at the project site:

(1) a current marked set of Contract drawings and 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 record shop drawings, product data, samples and other submittals as approved by the Contracting Officer.

G.3.1.2 . “AS-BUILT" DOCUMENTS. After final completion of the work, but before final acceptance thereof, the Contractor shall provide:

(1) a complete set of "as-built" drawings, based upon the record set of drawings, marked to show the details of construction as actually accomplished; and,

(2) record shop drawings and other submittals, in the number and form as required by the specifications.

G.4.0 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.4.1 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.4.2 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.4.3 The Contractor shall submit proper documentation and evidence satisfactory to the Contracting Officer of compliance with this clause.

G.5.0 CONSTRUCTION PERSONNEL – The Contractor shall maintain discipline at the site and always 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 about 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.5.1 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.5.2 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 to 20 days to perform. For everyone, 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.5.3 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.6.0 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.7.0 SPECIAL WARRANTIES

G.7.1 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", if they are not in conflict.

G.7.2 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.8.0 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.

G.9.0 ZONING APPROVALS AND PERMITS

The Government shall be responsible for:

- obtaining proper zoning or other land use control approval for the project

- obtaining the approval of the Contracting Drawings and Specifications

- paying fees due for the foregoing; and,

- for obtaining and paying for the initial building permits.

SECTION G - CLAUSES

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. In addition, the full text of a clause may be accessed electronically at: Acquisition.gov this address is subject to change.

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

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)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023)

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)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

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 OR VOLUNTARILY EXCLUDED (JAN 2025)

52.216-7 ALLOWABLE COST AND PAYMENT (AUG 2018)

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

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

52.222-19 CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES

(JAN 2025)

52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)

52.225-5 TRADE AGREEMENTS (NOV 2023)

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

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF

CONTRACT (FEB 2000)

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING

WHILE DRIVING (MAY 2024)

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

(JUL 2014)

52.228-4 WORKERS’ COMPENSATION AND WAR-HAZARD INSURANCE

OVERSEAS (APR 1984)

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)

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

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

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

52.229-7 TAXES- FIXED PRICE CONTRACTS WITH FOREIGN GOVERNMENTS (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 (JAN 2017)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

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)

52.243-4 CHANGES (JUN 2007)

52.243-5 CHANGES AND CHANGED CONDITIONS (APR 1984)

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 (AUG 2024)

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 (NOV 2021)

(a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

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 affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou

Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening.

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known);…