19AQMM20R0173 Sections B-M.pdf

19AQMM20R0173

PART I – THE SCHEDULE

SECTION B – PRICING

Note:

Clauses numbered 52.XXX… Are Federal Acquisition Regulation Clauses

Clauses numbered DOSAR 652.XXX… Are Department of State Acquisition Regulation

Clauses

B.1 PRICING

B.1.1 The Contract Price for CLIN 001 Construction of the Tactical Training Area for

Criminal Investigation School including all labor, materials, equipment and services necessary to accomplish the construction required by the Contract. Documents including applicable customs duties, transportation to the site, storage, premiums for insurance

(exclusive of DBA insurance) and bonds if required by the Solicitation Documents and/or the Contract Documents, permits, license and inspection fees, taxes, and all other items called for by the contract or otherwise necessary for performance of the contract. The

Contract Price may be adjusted only by a written Contract modification signed by the

Contracting Officer. The maximum time allowable for performance has been identified in

Section/Paragraph F.1, clause 52.211-10 COMMENCEMENT, PROSECUTION, AND

COMPLETION OF WORK (APR 1984).

B.1.2 The Contract Price for CLIN 002 DBA Insurance required by Section/Paragraph

I.7 52.228-3, Workers’ Compensation Insurance (Defense Base Act) is cost reimbursable

(for DBA Insurance also see Section/Paragraph H.1 52.228-4, Workers’ Compensation and War-Hazard Insurance Overseas (APR 1984)

B.1.3 RESERVED

B.2 CONTRACT PRICE - CONTRACT LINE ITEM NUMBERS (CLIN)

CL

N

Description Unit Price Unit of

Issue

QT

Y

Total

001 Construction of Tactical Training

Area EIC Comayagua, Honduras in accordance with the Statement of

Work and Designs

LT 1

002 Defense Base Act Insurance LT 1

TOTAL

B.3 TYPE OF CONTRACT

This contract is Hybrid (Firm Fixed-Price and Cost Reimbursable) payable entirely in the

U.S. Dollar (USD) currency. No additional sums will be payable because of any escalation in the cost of materials, equipment, and services or labor, or because of the contractor’s failure to properly estimate or accurately predict the cost or difficulty of achieving the results required by this contract. Nor will the contract price be adjusted because of fluctuations in currency exchange rates. Changes in the contract price or time to complete will be made only due to changes made by the Government in the work to be performed, or by delays caused by the Government.

B.4 COST OF MATERIALS/EQUIPMENT

The cost of any materials or equipment required in conjunction with the services rendered herein shall be included in the proposed firm fixed-price.

B.5 GOVERNMENT FURNISHED PROPERTY/EQUIPMENT

52.245-2 Government Property Installation Operation Services

The US Government will not furnish equipment and materials to be incorporated into the work by the contractor.

SECTION C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

See document titled “J-1-1_MAPS EIC Tactical SOW” for detail

SECTION D – PACKAGING AND MARKING

D.1 RESERVED

D.2 DEPARTMENT OF STATE MAIL AND COURIER ADDRESS

Unclassified and SBU hand carry deliveries and packages sent via U.S. Mail, Registered or

Certified Mail from the contractor to DoS shall be made to the following address between the hours 8:00 AM and 4:00 PM. The contractor shall advise the intended recipient of the materials and estimated time of arrival a minimum of 24 hours prior to dispatching the package by courier.

U.S. Department of State

A/OPE/AQM/IP

Attn: Joonpil Hwang

1600 Wilson Blvd. Suite 1225

Arlington, VA 22209

D.3 PACKAGING REQUIREMENTS FOR MAIL AND COURIER SHIPMENT OF

DOCUMENTS AND DRAWINGS

Separate packaging of electronic media and hardcopy material -

The Contractor and any associated subcontractors will package all paper documents and drawings separately from electronic media, regardless of its classification. Specifically, electronic media (such as CDs) will be transported in electronic media packages that contain no other hard copies of any kind, beyond that of transfer/receipt documentation. Paper drawings and documents will be packaged separately.

Double wrapping and addressing of packages -

For all shipping methods, the prime contractor and any associated subcontractors will ensure that all project documentation, regardless of classification, is double-wrapped with both layers addressed properly and labeled with the sender’s address. Document tracking receipts should be packaged inside the inner wrapping with the materials the receipt describes. No indication of the classification or sensitivity should appear on the outer wrapper.

Unclassified and SBU packages addressed to overseas facilities or sites may not have the words “blueprints” or “drawings” displayed on the outer wrapper.

Packaging heavy materials in appropriate containers -

In applying the above double-wrapping and addressing procedures, items sent via US mail or commercial carrier weighing more than one (1) pound shall be enclosed within an appropriately sized double-walled box or, for rolled drawings, a manufactured mailing tube.

The cardboard box or mailing tube counts as the second layer of wrap.

D.4 DOCUMENTATION OF SHIPMENTS

The Contractor shall submit the documentation required by contract clauses 52.247-63, Preference for U.S.-Flag Air Carriers (Jun 2003) and 52.247-64, Preference for Privately

Owned U.S.-Flag Commercial Vessels (Feb 2006), as follows:

One legible copy of an onboard rated and freighted ocean bill of lading for each shipment to both;

(i) The COR, and

(ii) The Maritime Administration (MARAD), Office of Cargo Preference, 400 Seventh

Street, SW, Washington, DC 20590. The documentation must be furnished with 20 working days of the date of loading for shipments originating in the US, and 30 working days for shipments originating outside the US. All subcontractor bills of lading shall be submitted through the Contractor.

MARAD http://www.marad.dot.gov/offices/cargo/

Email: cargo.marad@marad.dot.gov

FAX: 202-366-5522

D.5 DESPATCH AGENTS

The Government encourages the Contractor to contact the appropriate U.S. Department of

State Despatch Agent, the names and telephone numbers of whom are available from the

Contracting Officer, when obtaining shipping estimates. The Despatch Agent may be able to assist both U.S. and foreign firms in obtaining the most competitive rates for ocean or air transportation. The Government shall not be responsible for any delays in transportation resulting from use of a carrier recommended by the Despatch Agent.

Reference:

DOSAR 652.247-70 NOTICE OF SHIPMENTS (FEB 2015)

DOSAR 652.247-71 SHIPPING INSTRUCTIONS (FEB 2015)

http://www.marad.dot.gov/offices/cargo/ mailto:cargo.marad@marad.dot.gov

SECTION E – INSPECTION AND ACCEPTANCE

E.1 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996) (Reference 46.312)

E.2 SUBSTANTIAL COMPLETION

Definitions

“Substantial Completion” means the stage in the progress of the work as determined and certified by the Contracting Officer or Contracting Officer’s Representative in writing to the

Contractor, on which the work or a portion thereof designated by the Government is sufficiently complete and satisfactory, in accordance with the requirements of the Contract

Documents, that it may be occupied or utilized 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.

“Date of Substantial Completion.” means the date determined by the Contracting Officer or

Contracting Officer’s Representative of which substantial completion of the work has been achieved.

E.3 USE OF EQUIPMENT BY THE GOVERNMENT

Right to use – The Government may take over and operate, with Government employees, such equipment as is necessary for heating or cooling such areas of the building as require the service, and other equipment such as elevators, electrical, plumbing and mechanical systems, as soon as the installation is sufficiently complete to permit operation.

Notice – The COR will advise the Contractor in writing, prior to the use of the equipment, which items of equipment will be operated, and the date and time such operation shall begin.

Effect on warranties – Government operation of equipment will not relieve the Contractor of any warranty or correction obligations elsewhere provided for in this contract. The applicable correction period, elsewhere provided for in this contract, for each piece of equipment shall be in accordance with the applicable provisions of this contract.

E.4 FINAL COMPLETION AND ACCEPTANCE

Definitions

“Final Completion and Acceptance” means the stage in the progress of the work as determined and certified by the CO or COR in writing to the Contractor, on which all work required under the contract has been completed in an acceptable manner in accordance with the contract requirements, subject to the discovery of latent defects after final completion, and except for items specifically excluded in the notice of final acceptance.

“Date of Final Completion and Acceptance” means the date determined by the Contracting

Officer as of which final completion of the work has been achieved, as indicated by written notice to the Contractor.

E.5 QUALITY ASSURANCE AND QUALITY CONTROL

The Contractor shall develop and institute an appropriate inspection system including checklists of duties to be carried out, ensuring these duties are carried out by the supervisory staff and senior employees at defined intervals. The contractor shall conduct weekly inspections during construction to determine whether the various services are being performed according to the contract requirements. The contractor shall submit its inspection system to the Government for review no later than 21 days after contract award. Copies of the weekly inspection reports shall be provided to the COR no later than two business days after the end of the weekly period.

Any shortcomings and/or substandard conditions noted in such inspections shall be promptly corrected and improved; any conditions beyond the responsibility of the Contractor shall be brought to the attention of the Contracting Officer or COR, for disposition. The weekly report shall also provide a general reporting on the progress of the project, indicating whether or not the work is going according to the proposed schedule; the number of people that worked daily; the activities scheduled and performed each day; weather conditions and any problems encountered. The report should also include photos.

Monthly Report: The Contractor shall render a monthly progress report, summing up observations resulting from the inspections, progress, difficulties or irregularities encountered, resolution of problems, measures taken to improved conditions, recommendations, and other matters related to this contract once NTP is issued. This monthly report shall be submitted to the CO and COR, by the 15th of each month reporting the previous month’s progress.

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

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

E.6 PROJECT COMMUNICATIONS

General – INL may use an accredited web-based Extranet that enhances the security associated with the exchange of DOS design/construction data, and provides business applications that improve the communication between INL and partner contracting activities.

If utilized, details about this web-based Extranet will be provided once selected by INL.

SECTION F – DELIVERIES OR PERFORMANCE CLAUSES INCORPORATED BY

REFERENCE

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984) Alternate I (APR 1984) (Reference 11.404)

Complete blanks as follows:

(a) 15

(c) The completion date/period: The period of the contract for substantial completion shall be calculated from date of issuance of Limited NTP-Construction and shall be no more than:

Project Name

Project

Duration

Substantial

Completion

Final

Acceptance

Date

Tactical Training Area

For The Criminal

Investigation School, Comayagua, Honduras

270 Calendar

Days1

1The Government reserves the right to address the project duration length after award to incorporate changes in normally occurring weather conditions, religious holidays, local customs or other factors which may affect the timely performance of this requirement in the timeline addressed above as necessary. Any adjustments to project duration will be made by bilateral modification before issuance of Final Notice to Proceed.

*The Date for Substantial Completion shall be the date of NTP + Project Duration (See

Section/Paragraph E.2 SUBSTANTIAL COMPLETION)

**The Date for Final Acceptance shall be the Date for Substantial Completion + 60 days or longer period as agreed and authorized by the COR.

F.2 52.211-12 LIQUIDATED DAMAGES – CONSTRUCTION (SEPT 2000) (Reference

11.503)

Complete blank(s) as follows:

Project Name Amount (per day)

Tactical Training Area For The

Criminal Investigation School, Comayagua, Honduras

$38.69

See Section/Paragraph E.2 SUBSTANTIAL COMPLETION

F.3 52.211-13 TIME EXTENSIONS (SEPT 2000) (Reference 11.503)

F.4 52.242-14 SUSPENSION OF WORK (APR 1984) (Reference 42.1305)

F.5 PROJECT EXECUTION SCHEDULE

This work includes continued development of the Project Execution Schedule (PES) that was originally submitted by the contractor with their proposal. The contractor shall incorporate all Government comments into an Initial Project Execution Schedule (IPES) and submit them to the CO and COR within 21 days of award. Once approved by the COR, this schedule will be used as the Baseline Project Execution Schedule (BPES). Failure of the Government to find all mistakes and omission in the proposal schedule does not relieve the contractor of contract requirements.

Acceptance of schedule - When the Government has accepted any time schedule it shall be binding upon the Contractor. The Contract Time is fixed by the contract, and may be extended only by a written Contract modification, Change Order or Supplemental Agreement signed by the Contracting Officer. The Contractor shall revise such schedules (1) to account for the actual progress of the work, (2) to reflect CO approved adjustments in the Contract

Time, and (3) as required by the COR to achieve coordination with work by the Government and separate contractors. Acceptance or approval of any schedule or revision thereof by the

Government shall not (1) be effective to extend the Contract Time or obligate the

Government to do so, (2) constitute acceptance of any delay, nor (3) excuse the Contractor from or relieve the Contractor of its obligation to maintain the progress of the work and achieve final completion within the Contract Time.

The Contractor shall submit PES schedules on the last day of the preceding month for the next month’s work or more frequently if directed by the COR. The schedule shall sequence work to minimize disruptions at the jobsite. If the Contractor fails to submit any schedule or schedule revision within the time prescribed, the Government may withhold approval of progress payments until the Contractor submits the required schedule or schedule revision.

Recovery Schedule - If the Contractor falls more than 10% behind an accepted schedule, the

Contractor shall take steps necessary to improve its progress or overcome any delays and ensure completion of the work within the Contract Time, without additional cost to the

Government. In this circumstance, the contractor shall demonstrate how the approved rate of progress will be regained. Methods may include: increase of any or all of the number of shifts, overtime operations, days of work, and the amount of construction planned. Recovery scheduled shall be submitted for review on a weekly basis to the CO and COR.

F.6 WORK HOURS

All work shall be performed during Monday through Saturday, except for the Honduras holidays identified in section H.2. Working hours for Monday through Saturday shall be eight (8) hours per day. The specific working hours (start and finish times) will be determined after contract award. Once the work schedule has been approved by the COR, other hours, if requested by the Contractor, may be submitted to the COR for consideration.

Any change in the agreed to/approved working days and/or hours must receive the approval of the COR. The Contractor shall submit any such requests 24 hours in advance to COR who will consider any deviation from the hours identified above. Changes in the work schedule, if approved by the COR, will not be a cause for a price increase or additional time.

As this contract is for construction taking place on a non-US Government property, the

Contractor is not required by this contract to consider or observe U.S. holidays. However, the Contractor must act in compliance with local holidays and shall exercise due diligence to ensure local customs, appropriate compensation issues, and labor laws are addressed.

F.7 EXECUSABLE DELAYS

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

52.249-10, Default. Examples of such cases include (l) acts of God or of the public enemy;

(2) acts of the United States Government in either its sovereign or contractual capacity; (3) acts of the government of the host country in its sovereign capacity; (4) acts of another contractor in the performance of a contract with the Government; (5)fires; (6) floods; (7) epidemics; (8) quarantine restrictions; (9) strikes; (l0) freight embargoes; and (11) unusually severe weather.

In each instance, the failure to perform must be beyond the control and without the fault or negligence of the Contractor, and the failure to perform furthermore (1) must be one that the

Contractor could not have reasonably anticipated and taken adequate measures to protect against, (2) cannot be overcome by reasonable efforts to reschedule the work, and (3) directly and materially affects the date of final completion of the project.

In determining whether the Contractor’s failure to perform is beyond the control and without the fault or negligence of the Contractor, if the Contractor contends that its inability to perform is due to poor security conditions, the Government will consider, at a minimum, the following: (i) whether the Contractor implemented adequate security resources, in light of the information reasonably available to the Contractor; (ii) whether the Contractor deployed adequate additional security resources in a timely manner and on an expedited basis, once the need for additional security resources became reasonably clear; and (iii) whether the security conditions were directly impacting the Contractor in its performance of its contract (as opposed to generalized assessments of security conditions in an entire country or city).

Furthermore, the mere fact that the diplomatic post in the city or country where the contract was being performed changed its operating status (e.g., from Authorized Departure to

Ordered Departure) or that a new travel warning, warden message, or similar document or communication was issued by the Department of State, will not establish that the security conditions prevented the Contractor from performing the Contract.

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

Contractor believes may result in completion of the project after the Contract Time, the

Contractor shall notify both the COR and CO of the effect, if any, of such change or other conditions upon the accepted schedule, and shall state in what respects, if any, the relevant schedule or the Contract Time should be revised. Such notice shall be given promptly and not more than 10 calendar days following the first occurrence of event giving rise to the delay or prospective delay.

Schedule revision and equitable adjustments - Upon the request of the Contractor, the

Contracting Officer shall ascertain the facts and the extent of the any failure to adhere to the performance schedule resulting from alleged excusable delay. If the Contracting Officer determines that any failure to perform results from one or more of the causes for an excusable delay, the relevant schedules shall be revised, subject to the rights of the

Government under the termination clause of this contract. In addition, if and to the extent considered appropriate in the judgment of the Contracting Officer, an equitable adjustment shall be made in the Contract Time.

F.8 TIME EXTENSIONS FOR UNSUALLY SEVERE WEATHER

1. This clause specifies the procedure for determination of time extensions for unusually severe weather in accordance with the contract clause entitled "Default: (Fixed Price

Construction)". In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

a. The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

b. The unusually severe weather must actually cause a delay to the completion of the project.

The delay must be beyond the control and without the fault or negligence of the contractor.

2. The following schedule of monthly anticipated adverse weather delays is based on available weather data for the project location and will constitute the base line for monthly weather time evaluations. The contractor's baseline project execution schedule (BPES) must reflect these anticipated adverse weather delays in all weather dependent activities.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON (5) DAY WORK WEEK*

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

(0) (0) (0) (0) (5) (5) (3) (5) (9) (9) (5) (0)*

* VALUES SHOWN ARE FOR ILLUSTRATIVE PURPOSES ONLY. INSERT

NUMERICAL VALUES. The schedule of MONTHLY ANTICIPATED ADVERSE

WEATHER DELAY, is derived by taking the monthly delays added to the preliminary schedule and converting them to work days based on the estimated work schedule. On multi-year contracts it may be necessary to average or otherwise consolidate different delays for the same month of year.

3. Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the contractor will record daily weather conditions, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the contractor's scheduled work day.

The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph 2, above, the contracting officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the contract clause entitled "Default (Fixed Price

Construction)".

F.9 DELIVERABLES/SUBMITTALS

At the time of contract award, the Contractor must commence work to furnish the necessary document submittals within specified time. All deliverables shall be in the English language, unless otherwise provided hereunder, and any system of dimensions (i.e., English or metric) shown shall be consistent with that used in the contract. No extension of time shall be allowed because of a delay by the Government in approving such deliverables if the

Contractor has failed to act promptly and responsively in submitting its deliverables. Each deliverable shall be identified as required by the contract. The contractor shall furnish the following deliverables/submittals listed as follows as well as all other identified under this contract.

REFERENCE DESCRIPTION DUE DATE SUBMITTED

TO

E.5 Contractor Inspection System No later than 21 days from award.

CO & COR

E.5 Weekly inspection reports Weekly (during construction)

CO & COR

E.5 Monthly progress report Monthly, by the 15th of the month once NTP is issued.

CO & COR

F.5 Initial Project Execution

Schedule

No later than 21 days from award1

CO & COR

F.5 Revised Project Execution

Schedule(s)

On the last day of the preceding month for the next months’ work

CO & COR

F.5 Recovery Schedule Weekly, when contractor is behind schedule more than 10% of an approved schedule.

CO & COR

F.7 Notice of delay Within 10 days of delay CO & COR

H.3 & H.4 Evidence of Insurance and

Bonds

Within thirty (30) calendar days after contract award1

CO & COR

H.10 Subcontractors Prior to issuance of NTP, and prior to performance of any subcontractor

CO

H.10 & I.10 Evidence of licenses and permits

Prior to issuance of NTP CO & COR

H.21 Written Notification of

Differing Site Conditions

Promptly, before conditions are disturbed.

CO & COR

H.24 Certification of Boundary

Markers

Before starting construction on a site

COR

H. 27 Staffing and Supervision Plan Thirty (30) days after contract award1

COR

H.32 Labor Dispute Immediate notice CO & COR

H.32 Payment Tables No later than the 7th day of each month

COR

H.35 Quotations Within 90 days of award. COR

H.35 Surplus declaration Before final acceptance COR

H.37 Hazardous Material notification 5 days before delivery COR

H.38

Special Warranties Not later than with request for inspection for

Substantial Completion

COR

H.44 Trafficking in Persons

Compliance Plan Certification

Annually CO & COR

DOSAR

652.236-70 &

J-2-3

Incident reports As incidents occur. No more than 24 hours from the time of the event.

CO & COR

1The CO may advise the contractor to delay the progress on these deliverables due to potential delays which could affect ability to begin construction activities.

Note that there may be duplications of the above submittal requirements in the Specifications attachment (Attachment J‐1‐1) of the contract. Where attachments J‐1‐1 address the same or similar submittals as described above, the submission requirements for those documents are hereby changed to the above revised submission requirements.

F.10 DOCUMENTATION OF REQUESTS FOR EXTENSION

Any request for a time extension must be supported by the following data, and any other relevant data requested by the COR:

For any delays for which an extension of time is requested, (a) the exact date and degree of work stoppage, (b) the date of resumption of any or all parts of such work, and (c) a description of the nature of the delay and the degree, if any, to which the Contractor could have reasonably anticipated and guarded against such delay or damage incidental thereto.

For delays in receipt of Contractor furnished materials, (a) the date the materials were ordered, (b) the dates of anticipated delivery at the port of entry and at the project site, (c) the date the materials were scheduled for use or installation by the Contractor, (d) the date the materials were shipped, and (e) the dates the materials were actually received at the port of entry, cleared customs, and were delivered to the project site.

For delays in receipt of Government furnished materials, the date the materials were scheduled for use or installation by the Contractor and the date(s) the materials were actually received at the port of entry, cleared customs, and were delivered to the project site.

For delays in receipt of Government approvals of submittals properly prepared, reviewed and approved by the Contractor before their submission as required by the Contract Documents,

(a) the date of submission, (b) the date approvals were received by the Contractor, and (c) the date that installation or fabrication indicated by the submittals were begun, compared with the dates indicated by the current approved construction schedule and schedule of submittals.

For weather delays, (a) average weather conditions during a comparable period over the preceding five years, (b) a daily log recording the actual weather conditions during the relevant time period, and (c) the dates work affected by the weather conditions were scheduled to be performed and the actual dates of performance.

F.11 SUSPENSION OF WORK- NONCOMPLIANCE WITH CONTRACT

REQUIREMENTS

In the event the Contractor is in non-compliance with any requirement of this contract and fails to promptly initiate such action as may be appropriate to comply with the specified requirement, the Contracting Officer shall have the right to order the Contractor to suspend any or all work under the contract until the Contractor has complied or has initiated such action as may be appropriate to comply with the contract requirement. The Contractor will not be entitled to any extension of contract time or payment for any costs incurred because of being ordered to suspend work for such a cause.

F.12 NOTICES TO PROCEED

At the time of contract award, the Contractor must commence work to furnish the necessary document submittals within specified time. This work includes continued development of the

Project Execution Schedule (PES) that was submitted by the contractor with the cost proposal. The contractor shall incorporate all Government comments into an Initial Project

Execution Schedule (IPES) and resubmit them to the Contracting Officer within twenty one

(21) days of award. Failure of the Government to find all mistakes and omission in the proposal schedule does not relieve the contractor of contract requirements.

NTP Construction: Prior to issuance of any NTP for Construction, the Baseline Project

Execution Schedule (BPES) must be submitted. Following receipt from the Contractor of any bonds or evidence of insurance within the time specified in Section/Paragraph H.3 and

H.4 Insurance of this contract, and following acceptance of these documents by the

Contracting Officer, the Contracting Officer will provide to the Notice to Proceed.

Contractor shall note that the contract performance period commences upon the date of issuance of NTP.

It is possible that the Contracting Officer may elect to issue the NTP prior to receipt and acceptance of any bonds or evidence of insurance required hereunder. Issuance of a NTP 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.

The Contractor must then prosecute the work required hereunder, commencing and completing performance no later than the time-period established in section F.1 of the

F.13 PLACE OF PERFORMANCE

The work shall be at the existing facilities, located inside the Criminal Investigation School, ITP Comayagua, Honduras.

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 DOSAR 652.232-70 PAYMENT SCHEDULE AND INVOICE SUBMISSION

(FIXED-PRICE) (AUG 1999) (Reference 632.908(a))

(a) General. The Government shall pay the contractor as full compensation for all work required, performed and accepted under this contract, inclusive of all costs and expenses, the firm fixed-price stated in Section B of this contract.

[Use paragraph (b) only if partial payments apply. Otherwise, paragraph (a) above assumes the contractor will be paid in full amount upon completion of all contractual requirements.]

(b) Payments Schedule. Payments will be made in accordance with the following partial payment schedule:

Partial

Payment

Number

Specific

Deliverable

Delivery

Date

Payment

Amount

[Continue as necessary]

(c) Invoice Submission. Invoices shall be submitted in an original and 2 copies (See the SF

1442 Block 27) to the office identified in Block 10 of the SF-26, Block 23 of the SF-33, or

Block 18b of the SF-1449. To constitute a proper invoice, the invoice must include all items per FAR 52.232-25, “Prompt Payment” (see Section/Paragraph I.17).

(d) Contractor Remittance Address. Payments shall be made to the contractor’s address as specified on the cover page of this contract, unless a separate remittance address is specified below:

______________See Section/Paragraph G.8_____________________________________

G.2 DOSAR 652.242-70 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

(AUG 1999) (Reference DOSAR 642.272(a))

(a) The Contracting Officer may designate in writing one or more Government employees, by name and 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.

G.3 COST LOAD SCHEDULE FOR PROGRESS PAYMENTS

For the progress payments the contractor shall prepare and submit their cost load schedule based on the vender price proposal breakdown, based on the cost-loaded schedule the contractor should be paid their progress payment.

Before the first progress payment under this contract becomes due, the Contractor should prepare and submit their cost load schedule based on the vender price proposal breakdown.

The values in the Cost Load Schedule will be used as a basis for determining progress payments, but will not be conclusive as to the amounts due the Contractor or as to the value of changes in the work. The Contractor’s overhead and profit shall be prorated throughout the life of the contract.

G.4 MONTHLY PROGRESS PAYMENT REQUESTS (Application for Payment)

Payment requests - The Contractor may submit requests for progress payments at monthly intervals. Each application shall cover the value of labor and materials completed and in place, including a prorated portion of overhead and profit.

Stored materials - Unless otherwise provided in the Contract Documents, material delivered that will be incorporated into the structure may be included in a request for payment, provided the material is delivered on the site, or is delivered to the Contractor and properly stored in a bonded warehouse, storage yard or similar suitable place in the vicinity of the project as may be specified in the Contract Documents or approved by the COR, and is suitably insured against loss, damage and theft. If a request for payment includes delivered material on the site, the Contractor shall furnish with the request for payment such evidence as may be required as proof of quantity and value of such materials. If a request for payment includes delivered material permitted by the Contract Documents or the COR to be stored off the site, the Contractor shall furnish with the request for payment properly executed bills of sale for the delivered material upon which payment is being made. The Contractor shall remain responsible for such stored materials.

G.5 CERTIFICATION OF PAYMENT TO SUBCONTRACTORS

The Contractor shall submit with the request for payment a certification with regards to payments. Reference 52.232-5, Payments under Fixed-Price Construction Contracts.

Evaluation by the Contracting Officer - Following receipt of the Contractor’s request for payment and on the basis of an inspection of the work, the CO or COR shall make a determination as to the amount which, in his/her opinion, is then due. In the event the

Contracting Officer does not approve payment of the full amount applied for, less the retainage addressed in 52.232-5, the Contracting Officer shall advise the Contractor of the reasons therefore.

G.6 AUTHORITY OF CONTRACTING OFFICER

All work shall be performed under the general direction of the Contracting Officer, who alone shall have the power to bind the Government and to exercise the rights, responsibilities, authorities and functions vested by the contract, except that the Contracting Officer shall have the right to designate authorized representatives to act for the Contracting Officer, as specifically provided in the designation of that individual, such as a Contracting Officer’s

Representative (COR).

G.7 PAYMENT

General - The Contractor’s attention is directed to Section I, 52.232-5, “Payments under

Fixed-Price Construction Contracts.” The following subsections elaborate upon the information contained therein.

Detail of Payment Requests - Each application for payment, which shall be made no more frequently than monthly, unless otherwise provided herein, shall cover the value of labor and materials completed and in place, including a prorated portion of overhead and profit.

The contractor shall submit the original signed copy of each invoice to the following address, without full supporting documentation:

The contractor shall furnish a complete signed copy of each invoice to INL, including all supporting documentation.

Evaluation by the Contracting Officer - Following receipt of the Contractor’s request for payment, and on the basis of an inspection of the work, the CO or COR shall make a determination as to the amount which, in his/her opinion, is then due. In the event the

Contracting Officer or COR does not approve payment of the full amount applied for, less the retainage addressed in 52.232-5 (see Section/Paragraph I.17, the Contracting Officer or

COR shall advise the Contractor of the reasons therefore.

Payment - In accordance with Federal Acquisition Regulation 32.908(b)(1) the 14-day period identified in FAR 52.232-27(a)(1)(i)(A) (see Section/Paragraph I.17) is hereby changed to 30 days.

In addition to the Section G.8 submission, the Contractor shall submit a copy of each invoice electronically to hwangj2@state.gov

G.8 INVOICING

Invoice submission is only via the Office of Claims’ Commercial Claims Operations fax server, toll-free number: 866-483-3436, or DOSPayments@state.gov , unless otherwise indicated. Each invoice must be transmitted separately. Copy

IP_Contracting_Team@state.gov on all invoice submissions.

To constitute a proper invoice, the invoice must include the following information and/or attached documentation:

(1) Contract Number

(2) Name and Address of the Contractor mailto:hwangj2@state.gov mailto:DOSPayments@state.gov mailto:IP_Contracting_Team@state.gov

(3) Dun and Bradstreet Universal Number System (DUNS)

(4) Date of invoice

(5) Unique Vendor Invoice Number - Our Financial System cannot accept the following characters: @ (at symbol), ~ (Tilde), & (Ampersand), ' (Apostrophe), " (Quotation) and spaces. Please do not include any of these characters as part of your invoice number.

(6) Remittance Contact Information

(7) Shipping Terms, Ship to Address

(8) Payment Terms

(9) Total Quantity of Items

(10) Total Invoice Amount

(10) Requisition Number, Contract Number and Order/Award Number, with modification number if applicable.

(11) Order line item number and information (see below instructions)

The name and DUNS of the contractor on the invoice must match the information indicated on the order/award for proper payment.

IMPORTANT: For proper payment, the invoice must detail products and/or services delivered on a line item basis in direct accordance with the corresponding order/award/contract. Each line item must contain the following information:

(1) Description of the services rendered for each line item

(2) Line Item Quantity

(3) Line Item Unit Price

(4) Total Line Item Invoicing Amount

(5) Delivery Date

(6) Contract Line Item Number (CLIN)

(7) Order/Award Line Item Number if invoicing against a task or delivery order or

Blanket Purchase

Agreement (BPA)

Please note that many task or delivery orders against Department of State or GSA contracts or blanket purchase agreements may have a separate and unique line item number in addition to the umbrella Contract Line Item Number (CLIN). The order line item number as well as the umbrella award CLIN must be referenced at each invoice line item level in such cases.

All payment to domestic claims will be disbursed by electronic funds transfer EFT.

Vendors who are registered in the System for Award Management (SAM) should verify and re-confirm their financial information in the database prior to invoicing. Vendors who wish to request a waiver of SAM or payment by check must submit their justification to their assigned contracting officer for consideration at least 30 days prior to billing. For vendors who are granted an EFT exception, the payment address on the invoice must match the remittance address in the vendor record cited in the award.

Additional correspondence should be addressed to:

Name:

U.S. Department of State

Global Financial Services

Attn: Office of Claims (RM/GFS/F/C)

Charleston Financial Service Center

Mailing Address:

Post Office Box 150008

19AQMM20R0175

Charleston, SC 29415-5008

Telephone Numbers:

Director’s Secretary Voice 843-202-3761

Official Office Hours: 8:00 am – 5:00 pm

To request Payment Status on a Past Due Invoice contact:

Office of Claims Customer Service

Email: commercialclaims@state.gov

Phone: 877-704-9473 Toll Free

Person to Contact: Supervisor, Vendor Claims

Email: GFS-ChiefVC@state.gov

Phone: 843-202-3881

G.9 CONTRACT PROGRESS PAYMENT

Payments to the contractor for services completed under this contract shall be made in accordance with the following clauses:

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS

Monthly invoices may be submitted for construction services in accordance with Section I.

G.10 RESERVED

G.10.1 RESERVED

G.11 DESIGNATION OF ADMINISTRATIVE CONTRACTING OFFICE

Written communications regarding the administration of this contract shall make reference to the contract number and modification number (if applicable), and shall be submitted to the

CO, COR and alternate points of contact, as delineated herein.

Contract Specialist (CS):

Mark D. Mollohan

Office of Acquisition Management mollohanmd@state.gov

Primary Contracting Officer (CO):

Joonpil Hwang mailto:commercialclaims@state.gov mailto:GFS-ChiefVC@state.gov

Office of Acquisition Management

Hwangj2@state.gov

Designated Contracting Officer’s Representative (COR):

TBD

mailto:Hwangj2@state.gov

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 AUTHORIZED INSURANCE CARRIERS FOR DBA INSURANCE

At this time the Department of State does not have a mandatory source for DBA insurance.

The Labor Department has a list of Authorized Insurance Carriers for DBA http://www.dol.gov/owcp/dlhwc/lscarrier.htm that the contractor may utilize to find a carrier. The DBA insurance requirement remains unchanged, FAR 52.228-03, Workers’

Compensation Insurance (Defense Base Act) (APR 1984) remains applicable.

H.2 RESERVED

H.3 INSURANCE

Amount of Insurance

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

Government Installation” (see Section/Paragraph I.7). As required by this clause, the

Contractor is required to provide whatever insurance is legally necessary. The Contractor, shall, at its own expense, provide and maintain during the entire performance period the following insurance amounts:

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 stated in US Dollars:

Per Occurrence $ 500,000

Cumulative $1,500,000

2. Property Damage on or off the site in US Dollars:

Per Occurrence $ 40,000

Cumulative $ 100,000

3. Motor Vehicle Liability (for each motor vehicle):

Bodily injury or death $ 200,000 per person

$ 500,000 per occurrence

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.

http://www.dol.gov/owcp/dlhwc/lscarrier.htm

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 an incident to the Contractor’s performance of this contract.

The Contractor shall hold harmless and indemnify the Government from any and all claims arising therefrom, except in the instance of gross negligence on the part of the Government.

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

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

Insurance-Related Disputes. Failure to agree to any adjustment contemplated under this contract regarding insurance shall be a dispute within the meaning of the clause in Section I, 52.233-1, Alternate I, “Disputes”. However, nothing in this clause shall excuse the

Contractor from proceeding with the work, including the repair and/or replacement as herein above provided.

Time for Submission of Evidence of Insurance. The Contractor shall provide evidence of the insurance required under this contract within thirty (30) calendar days after contract award.

Failure to timely submit this evidence, in a form acceptable to the Contracting Officer, may result in rescinding or termination of the contract by the Government.

H.4 BOND REQUIREMENTS

Bonds Required. The Contractor shall furnish (1) performance and payment bonds on forms provided by and from sureties acceptable to the Government, in the amount of twenty percent

(20%)of the contract price for the performance bond and twenty percent (20%) of the contract price for the payment bond, or (2) comparable alternate security approved by the

Government as authorized and in accordance with Federal Acquisition Regulation (FAR)

Section/Part 28.204, Alternatives in Lieu of Corporate or Individual Sureties. The amount for all required bonds shall be based on the established contract price.

NOTE: The minimum value of the irrevocable letters of credit (ILC) shall be twenty percent

(20%) of the contract value for each ILC. A separate ILC is required for each bond. Only federally insured financial institutions rated investment grade or higher shall issue or confirm the ILC. See FAR 28.204-3, Irrevocable Letter of Credit (ILC), for further information; and

Section J for an example of an ILC.

Time for Submission. The Contractor shall provide the bonds required by paragraph H.4.

thirty days after contract award. Failure to timely submit (1) the required bonds other security acceptable to the Government; (2) bonds from an acceptable surety; or (3) bonds in the required amount, may result in rescinding or termination of the contract by the

Government. Should the contract be terminated, the contractor will be liable for those costs as described in FAR 52.249-10, “Default (Fixed-Price Construction).

Coverage. The bonds or alternate performance security shall guarantee the Contractor’s execution and completion of the work within the contract time and the correction of any defects after completion as required by this contract, the payment of all wages and other amounts payable by the Contractor under its subcontracts or for labor and materials, and the satisfaction or removal of any liens or encumbrances placed on the work.

Duration of Coverage. The required performance and payment securities shall remain in effect in the full amount required until final acceptance of the project by the Government, at which time the penal sum of the performance security only shall be reduced to ten percent

(10%) of the contract price. The performance security shall remain in effect for one year after the date of final completion and acceptance, and the Contractor shall pay any premium required for the entire period of coverage. The requirement for payment security terminates at final acceptance.

H.5 SAFEGUARDING OF INFORMATION

The Contractor and its employees shall exercise utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract which has not been made public, except to the extent necessary to perform their required duties in the performance of the contract requirements or as provided by written authorization of the Contracting Officer. All documents and records (including photographs) generated during the performance of work under this contract shall be for sole use of and shall become the exclusive property of the U.S. Government. No article, book, pamphlet, recording, broadcast, speech, television appearance, film or photograph concerning any aspect of the work performed under this contract shall be published or disseminated through any media, to include company websites, without the prior written authorization of the

Contracting Officer. These obligations do not cease upon the expiration or termination of this contract or at any other point in time. The Contract shall include the substance of this provision in all subcontracts hereunder.

The contractor shall notify the Contracting Officer if any legal dispute arises between the contractor and any subcontractor or vendor pertaining to performance on this contract which could potentially result in disclosure of any information related to design, construction or maintenance of a diplomatic facility overseas. Legal disputes include legal actions submitted to civil, criminal, local or federal courts, as well as disputes submitted to arbitration or mediation. This responsibility to notify the Contracting Officer shall not cease upon the expiration or termination of this contract.