19AQMM24R0102.pdf

19AQMM24R0102

SOLICITATION,OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

19AQMM24R0102 SEALED BID (IFB)

X NEGOTIATED (RFP)

2. TYPE OF SOLICITATION 3. DATE ISSUED

05/24/2024

RATING

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

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

CODE LMAQM

OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)

PO BOX 9115, ROSSLYN STATION

US DEPARTMENT OF STATE

ARLINGTON, VA 22219

7. ISSUED BY 8. ADDRESS OFFER TO

9. FOR INFORMATION

CALL:

a. NAME

Joonpil Hwang

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

703-875-6688

c. EMAIL hwangj2@state.gov

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" means "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

11. The Contractor shall begin performance calendar days and complete it within calendar days after receiving

X award, notice to proceed. This performance period is X mandatory negotiable. (See __________________________.)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES," indicate within how many calendar days after award in Item 12b).

YES X NO

12b. CALENDAR DAYS

Sealed offers in original and copies to perform the work required are due at the place specified in item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

1 12:00 ET US/Easterna.

08/16/2024

b. An offer guarantee is, X is not required.

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

CGFS // CGFS

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

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

CONTACT: UEI:

CODE FACILITY CODE

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

17.

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

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

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY OPEAQM

Commerce Branch

OPE/AQM/IP/COM

Office of Acquisition (AQM) Charleston, SC 29405

IPP

Invoices to be uploaded to Invoice Processing Platform at http://www.ipp.gov

CHARLESTON, SC 29415

27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

30a.NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

Joonpil Hwang

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

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

03/29/2024

31c. DATE

STANDARD FORM 1442 (REV. 4-85)BACK

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs C Descriptions/Specifications/Statement of Work D Packaging and Marking E Inspection and Acceptance F Deliveries or Performance G Contract Administration Data H Special Contract Requirements I Contract Clauses

52.202-1 Definitions (Nov 2013) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant Against Contingent Fees (May 2014) 52.203-6 Restrictions On Subcontractor Sales To The Government (Sept 2006) 52.203-7 Anti-Kickback Procedures (May 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014) 52.203-12 Limitation On Payments To Influence Certain Federal Transactions (Oct 2010) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.215-2 Audit and Records - Negotiation (Oct 2010) 52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997) 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data - Modifications (Oct 2010) 52.219-14 Limitations on Subcontracting (Jan 2017) 52.222-1 Notice to the Government of Labor Disputes (Feb 1997) 52.222-19 Child Labor--Cooperation with Authorities and Remedies (Jan 2018) 52.222-26 Equal Opportunity (Sept 2016) 52.222-29 Notification of Visa Denial (Apr 2015) 52.222-35 Equal Opportunity for Veterans (Oct 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014) 52.222-37 Employment Reports on Veterans (Feb 2016) 52.222-50 Combating Trafficking in Persons (Mar 2015) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) 52.225-14 Inconsistency Between English Version and Translation of Contract (Feb 2000) 52.228-2 Additional Bond Security (Oct 1997) 52.228-3 Workers' Compensation Insurance (Defense Base Act) (July 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 (Aug 2018) 52.228-14 Irrevocable Letter of Credit (Nov 2014) 52.229-6 Taxes - Foreign Fixed-Price Contracts (Feb 2013) 52.232-5 Payments under Fixed-Price Construction Contracts (May 2014) 52.232-17 Interest (May 2014) 52.232-18 Availability Of Funds (Apr 1984) 52.232-24 Prohibition of Assignment of Claims (May 2014) 52.232-27 Prompt Payment for Construction Contracts (Jan 2017) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) 52.233-1 Disputes (May 2014) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 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) 52.236-14 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) 52.242-3 Penalties for Unallowable Costs (May 2014) 52.242-13 Bankruptcy (July 1995) 52.243-4 Changes (June 2007) 52.243-5 Changes and Changed Conditions (Apr 1984) 52.244-6 Subcontracts for Commercial Items (Oct 2018) 52.246-21 Warranty of Construction (Mar 1994) 52.248-3 Value Engineering--Construction (Oct 2015) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012) 52.249-10 Default (Fixed-Price Construction) (Apr 1984) 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) 52.216-7 Allowable Cost and Payment (Aug 2018) 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-22 Indefinite Quantity (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.236-1 Performance of Work by the Contractor (Apr 1984) 652.225-71 SECTION 8(a) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED

(AUG 1999)

652.229-70 EXCISE TAX EXEMPTION STATEMENT FOR CONTRACTORS WITHIN THE

UNITED STATES (JUL 1988)

652.229-71 PERSONAL PROPERTY DISPOSITION AT POSTS ABROAD (AUG 1999)

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

652.243-70 NOTICES (AUG 1999)

52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021) 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

J List of Attachments K Representations, Certifications, and Other Statements of Offerors or Respondents

652.209-79 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Criminal Conviction under any Federal Law. (DEVIATION)(Sept 2014)

652.225-70 ARAB LEAGUE BOYCOTT OF ISRAEL (AUG 1999)

52.204-8 Annual Representations and Certifications (Oct 2018) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications (Aug 2018) 52.230-1 Cost Accounting Standards Notices and Certification (Oct 2015) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.236-28 Preparation of Proposals - Construction (Oct 1997) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) 52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures (Dec 2023)

L Instructions, Conditions, and Notices to Offerors and Respondents 52.204-7 System for Award Management (Oct 2018) 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Mar 2015)

M Evaluation Factors for Award

Line Item Summary

Solicitation Number:

19AQMM24R0102

Contract Number: Title: INL COLOMBIA

CONSTRUCTION IDIQ

Date of Solicitation:

05/24/2024

Line Item No.

Description Quantity Unit Unit Price Total Cost

001 IDIQ for PSIB Base: Administrative and Lodging Buildings Type 1 and 2, Kennels with support spaces, CEFOP Buildings, Warehouse, Multipurpose Building, Fence/Barrier/Wall and Wall at Any Location in Colombia Base Year: 12 months from the issuance of the Notice to Proceed Option Year 1: 12 months following the Base Year Period Option Year 2: 12 months following the Option Year 1 Option Year 3: 12 months following the Option Year 2 Option Year 4: 12 months following the Option Year 3 Type of Contract Pricing: OTH

Doc Ref No:

Delivery Date FOB:

1.00 LT $0.00 $0.00

002 IDIQ for PSIB Base: Administrative and Lodging Buildings Type 1 and 2, Kennels with support spaces, CEFOP Buildings, Warehouse, Multipurpose Building, Fence/Barrier/Wall and Wall at Any Location in Colombia Option Year 1: 12 months following the Base Year Period Type of Contract Pricing: OTH

Doc Ref No:

Delivery Date FOB:

1.00 LT $0.00 $0.00

003 IDIQ for PSIB Base: Administrative and Lodging Buildings Type 1 and 2, Kennels with support spaces, CEFOP Buildings, Warehouse, Multipurpose Building, Fence/Barrier/Wall and Wall at Any Location in Colombia Option Year 2: 12 months following the Option Year 1 Type of Contract Pricing: OTH

Doc Ref No:

Delivery Date FOB:

1.00 LT $0.00 $0.00

004 IDIQ for PSIB Base: Administrative and Lodging Buildings Type 1 and 2, Kennels with support spaces, CEFOP Buildings, Warehouse, Multipurpose Building, Fence/Barrier/Wall and Wall at Any Location in Colombia Option Year 3: 12 months following the Option Year 2 Type of Contract Pricing: OTH

Doc Ref No:

Delivery Date FOB:

1.00 LT $0.00 $0.00

005 IDIQ for PSIB Base: Administrative and Lodging Buildings Type 1 and 2, Kennels with support spaces, CEFOP Buildings, Warehouse, Multipurpose Building, Fence/Barrier/Wall and Wall at Any Location in Colombia Option Year 4: 12 months following the Option Year 3 Type of Contract Pricing: OTH

Doc Ref No:

Delivery Date FOB:

1.00 LT $0.00 $0.00

B - SUPPLIES OR SERVICES AND PRICES

B.1 CONTRACT PRICE

B.1.1 For each task order issued under the contract, the contractor shall complete all work identified in the task order including furnishing all labor, material, equipment and services necessary to accomplish the construction required by the Task Order documents, including applicable customs duties, transportation to the site, storage, premiums for insurance required by the Solicitation Documents and/or the Contract Documents, inspection fees, taxes other than VAT, and all other items called for by the task order or otherwise necessary for performance of the contract. The work shall be completed for the firm fixed-price established for the task order, and within the time period specified.

B.1.2. The firm fixed-price established for each task shall include all labor, materials, equipment, services, overhead and cost for insurance required by Section/Paragraph I.42, 52.228-3, Workers’ Compensation Insurance (Defense Base Act) (for DBA Insurance also see Section/Paragraph H.1); and I.42a, 52.228-4, Workers’ Compensation and War-Hazard Insurance Overseas (APR 1984), which shall not be a direct reimbursement), general and administrative costs, and profit.

B.1.3 Value Added Tax (VAT) or Impuesto a las Ventas (IVA) The Contractor will not be reimbursed VAT or IVA under this contract by the USG. SEE Section/Paragraph G.9 TAX RELIEF PROCEDURES

B.2 TYPE OF CONTRACT

B.2.1 This is an indefinite-delivery, indefinite-quantity (IDIQ) contract, as defined in Federal Acquisition Regulation (FAR) 16.504 (Indefinite-Quantity Contracts).

B.2.2 This contract is for non-commercial items. Specific tasks or work to be performed will be clearly identified at the task order level.

B.2.3 The contract type(s) for an individual task order will be one or a combination identified in FAR part 16 (Types of Contracts), depending on one or more of the factors identified in FAR 16.104 (Factors in Selecting Contract Types). Construction activities shall be awarded on a firm-fixed-price basis.

B.2.4 Each Task Order (TO) will be payable entirely in US Dollars (US $). No additional sums will be payable for any escalation in the cost of materials, equipment or labor, or because of the contractor's failure to properly estimate or accurately predict the cost or difficulty of achieving the results required.

B.2.5 The Government will not adjust the contract price due to fluctuations in currency exchange rates. The Government will only make changes in the contract price or time to complete due to changes made by the Government in the work to be performed, or by delays caused by the Government.

B.2.6 The Government will make payments based on quantities and unit prices only to the extent specifically provided for in the contract, and in the task orders issued.

B.2.7 MINIMUM AND MAXIMUM

The estimated quantities provided below will be used for the purpose of evaluating price proposals. The minimum amount under the contract per entire duration of the IDIQ life cycle is US Twenty five thousand dollars (US $25,000), the estimated quantities are shown below, and the maximum amount over the base period and all option years is US forty nine million dollars (US$50,000,000).

B.3 PRICES

B.3.1 Under this contract, all price per each construction requirement will be determined and paid based on the scope, specification and terms and conditions at each Task Order level.

Section C - Descriptions/Specifications/Statement of Work

C - DESCRIPTIONS AND SPECIFICATIONS

See Attachmen 1 - SOW and TECHNICAL SPECIFICATIONS for detail

Section D - Packaging and Marking

D - PACKAGING AND MARKING

D.1 MARKING OF REPORTS (11/2008)

All reports delivered by the Contractor to the Government under this contract shall prominently show on the cover of the report:

a) Name and Business address of the Contractor;

b) Contract number and delivery order number, if applicable;

c) Date of report;

d) Program office(s); and

e) Classification, Sensitivity or Handling Instructions.

f) All reports become the property of the Department. Reports shall not contain any markings or legends which will restrict the Department’s use of such reports in any way.

D.2 DEPARTMENT OF STATE MAIL AND COURIER ADDRESS

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.

Unclassified and SBU packages sent via U.S. Mail, Registered or Certified Mail, or Courier and shall be addressed as follows:

By courier (FedEx, UPS, etc.) or by hand to:

U.S. Department of State Attn: Joonpil Hwang, Contracting Officer

A/OPE/AQM/IP/COM

SA#6B, Cubicle 1225 P.O. Box 9115, Rosslyn Station Arlington, VA 22209

OR for U.S. Postal Delivery U.S. Department of State Office of Acquisition Management A/OPE/AQM/IP – SA-6B, Cubicle 1225 Attn: Joonpil Hwang, Contracting Officer 1200 Wilson Blvd. Cubicle 1225 Arlington, VA 22209

NOTE: This address shall not be used for classified packages.

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, are 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 (Nov 2021), as follows:

The Contractor shall submit one legible copy of a rated on-board ocean bill of lading for each shipment to both;

(i) The Contracting Officer, and

(ii) The Office of Cargo Preference Maritime Administration (MAR-590) 400 Seventh Street, SW Washington DC 20590.

Subcontractor bills of lading shall be submitted through the Prime Contractor.

(2) The Contractor shall furnish these bill of lading compies (i) within 20 working days of the date of loading for shipments originating in the United States, or (ii) within 30 working days for shipments originating outside the United States. Each bill of lading copy shall contain the following information:

(A) Sponsoring U.S. Government Agency

(B) Name of Vessel

(C) Vessel flag of registry

(D) Date of loading

(E) Port of loading

(F) Port of final discharge

(G) Description of commodity

(H) Gross weight in pounds and cubic feet if available

(I) Total ocean freight revenue in U.S. Dollars

d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts or purchase orders under this contract, except those described in paragraph (e)(4).

(e) The requirement in paragraph (a) does not apply to-

(1) Cargoes carried in vessels as required or authorized by law or treaty;

(2) Ocean transportation between foreign countries of supplies purchased with foreign currencies made available, or derived from funds that are made available, under the Foreign Assistance Act of1961 ( 22 U.S.C.2353);

(3) Shipments of classified supplies when the classification prohibits the use of non-Government vessels; and

(4) Subcontracts or purchase orders for the acquisition of commercial products or commercial services unless-

(i) This contract is-

(A) A contract or agreement for ocean transportation services; or

(B) A construction contract; or

(ii) The supplies being transported are-

(A) Items the Contractor is reselling or distributing to the Government without adding value. (Generally, the Contractor does not add value to the items when it subcontracts items for f.o.b. destination shipment); or

(B) Shipped in direct support of U.S. military-

(1) Contingency operations;

(2) Exercises; or

(3) Forces deployed in connection with United Nations or North Atlantic Treaty Organization humanitarian or peacekeeping operations.

(f) Guidance regarding fair and reasonable rates for privately owned U.S.-flag commercial vessels may be obtained from the:

Office of Costs and Rates Maritime Administration 400 Seventh Street, SW Washington DC 20590 Phone: (202) 366-4610.

(End of clause)

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)

If the Contractor procures materials for the project that must be shipped from another country to the host country, the shipments address will be specified in the task order.

The Contractor shall mark materials delivered to the project site specified in the task order

Section E - Inspection and Acceptance

E - INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE

The following clauses are incorporated 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. Also, reference Section I for information on accessing the full text electronically.

FAR 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

E.2 DEFINITIONS

E.2.1 SUBSTANCIAL COMPLETION.

“Substantial Completion” means the stage in the progress of the work as determined and certified by the Contracting Officer (CO) or Contracting Officer’s Representative (COR) in writing to the Contractor. The substantial completion certification shall speak to 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.2.2 FINAL COMPLETION AND ACCEPTANCE

“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.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 QUALITY ASURANCE 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.

Weekly report: Copies of the weekly inspection reports shall be provided to the COR within seven (7) days of weekly period reviewed. 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 performed each day; and any problems encountered. The report shall include photos. 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.

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 months 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.

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

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

The Contractor shall develop a Quality Assurance Plan that tracks negative trends in performance and safety, as reported by COR, clients, or the recipients of services either direct or indirect. The Contractor will set up a system for collecting complaints. This reporting will be included in a monthly to the COR with the invoice.

The COR will receive and document all complaints regarding the services provided. If appropriate, the COR will send the complaints to the Contractor for corrective action.

Inspection and acceptance of the services to be provided hereunder shall be made by the Contracting Officer's Representative.

The COR will monitor contractor performance, advise the contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The contractor, not the Government, is responsible for management and quality control to meet the terms of the contract.

E.5 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

F - DELIVERIES OR PERFORMANCE

Note:

Clauses numbered 52.XXX… Are Federal Acquisition Regulation Clauses Clauses numbered DOSAR 652.XXX… Are Department of State Acquisition Regulation Clauses

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

(Reference 52.07 (b))

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. Also, the full text of a clause may be accessed electronically at:

https://acquisition.gov/ or, http://farsite.hill.af.mil/.

FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)

52.242-14 Suspension of Work (APR 1984) (Reference 42.1305)

F.2 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK UNDER TASK ORDERS.

The following clause is applicable for each task order issued under the contract:

FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984) (Reference 11.404)

The Contractor shall be required to (a) commence work under each task order immediately upon execution of the task order, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the time period as specified in each task order. The specified performance period includes the time it will take for the Contractor to submit the required bonds and insurance documentation (if applicable). A Notice to Proceed with construction will not be issued until such time as the Contracting Officer has received the required bonds and insurance documentation (if applicable). The specified performance period also includes final cleanup of the premises and completion of punch list items.

F.3 LIQUIDATED DAMAGES

F.3.1 FAR 52.211-12 Liquidated Damages – Construction (SEP 2000) (Reference 11.503)

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

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

F.3.2 Assessment and Apportionment of Liquidated Damages.

Liquidated damages will be assessed from the completion date indicated in the contract or extensions thereof to the date of substantial completion as actually achieved by the Contractor, as determined by the Contracting Officer.

F.4 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.5 ACCEPTANCE OF SCHEDULE

When the Government has accepted any time schedule, it shall be binding upon the Contractor. The completion date is fixed and may be extended only by a written 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.

F.6 NOTICE OF DELAY

If the Contractor receives a notice of any change in the work, or if any other conditions arise which are likely to cause or are actually causing delays which the Contractor believes may result in completion of the project after the completion date, the Contractor shall notify the Contracting Officer of the effect, if any, of such change or other conditions upon the approved schedule, and shall state in what respects, if any, the relevant schedule or the completion date should be revised. The Contractor shall give this notice not more than ten (10) days following the first occurrence of event giving rise to the delay or prospective delay. Revisions to the approved time schedule shall only be made with the approval of the Contracting Officer.

F.7 NOTICE TO PROCEED

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

(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 required. 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.

F.8 EXCUSABLE DELAYS

The Contractor will be allowed time, not money, for excusable delays as defined in FAR 52.249-10, Default. Examples of such cases include (l) acts of God or of the public enemy; (2) acts of the United States Government in either its sovereign or contractual capacity;

(3) acts of the government of the host country in its sovereign capacity; (4) acts of another contractor in the performance of a contract with the Government; (5)fires; (6) floods; (7) epidemics; (8) quarantine restrictions; (9) strikes; (l0) freight embargoes; 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.9 TIME EXTENSIONS FOR UNUSUALLY 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 anticipated number of days allowable for adverse weather delays will be handled at the Task Order level, due to the geographical variety of the sites. The anticipated adverse weather delays will be 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.

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 PRE-CONSTRUCTION CONFERENCE

A pre-construction conference will be held 10 days after contract award at the American Embassy Bogotá to discuss in general terms the requirements for future task orders, requirements inlcuding schedules, submittals, notice to proceed requirements, mobilization at the various project sites, and other important issues that affect construction progress. See FAR 52.236-26, Pre-Construction Conference in Section I.

F.10 DELIVERABLES

The following items shall be delivered per each task order under this contract:

Reference Description Due Date Submitted To E.4 Contractor Inspection System No later than 21 days from award.

CO & COR

E.4 Weekly inspection reports Weekly (during construction) CO & COR E.4 Three (3) weeks forecasting schedule report.

Weekly (during construction) CO & COR

E.4 Monthly progress report Monthly, by the 15th of the month once NTP is issued.

CO & COR

F.4 Initial Project Execution Schedule

No later than 21 days from award1

CO & COR

F.4 Revised Project Execution Schedule(s)

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

CO & COR

F.4 Recovery Schedule Weekly, when contractor is behind schedule more than 10% of an approved schedule.

CO & COR

F.6 Notice of delay Within 10 days of delay CO & COR H.1 Evidence of Insurance Within thirty (30) calendar days after contract award1

CO & COR

H.6 Evidence of licenses and permits Prior to issuance of NTP CO & COR H.10 & DOSAR 652.236-70 Incident reports As incidents occur. No more than 24 hours from the time of the event.

CO & COR

H.11 Subcontractors Prior to issuance of NTP, and prior to performance of any subcontractor

CO

H.12 Payment Tables No later than the 7th day of each month

COR

H.13 Quotations Within 90 days of award. COR H.13 Surplus declaration Before final acceptance COR H.15

Special Warranties Not later than with request for inspection for Substantial Completion

COR

H.18 Certification of Boundary Markers

Before starting construction on a site

COR

H.33 Written Notification of Differing Site Conditions

Promptly, before conditions are disturbed.

CO & COR

H. 36 Staffing and Supervision Plan Thirty (30) days after contract award1

COR

H.37 Hazardous Material notification 5 days before delivery COR H.41 Trafficking in Persons

Compliance Plan Certification Annually CO & COR

FAR 52.222-1 Labor Dispute Immediate notice CO & COR

F.11 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.12 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.