19AQMM24R0105-Senegal CET 3 Warehouse B-M.pdf

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Table of Contents Section B - PRICING

B.1 PRICING

B.1.1 CONTRACT LINE ITEM NUMBER (CLIN) 001 PRICING

B.1.2 CONTRACT LINE ITEM NUMBER (CLIN) 002 PRICING

B.1.3 CONTRACT LINE ITEM NUMBER (CLIN) 003 PRICING

B.1.4 CONTRACT LINE ITEM NUMBER (CLIN) 004 PRICING - DBA INSURANCE

B.1.5 TAX EXEMPTION

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

B.3 TYPE OF CONTRACT

B.4 COST OF MATERIALS/EQUIPMENT

B.5 GOVERNMENT FURNISHED PROPERTY/EQUIPMENT

Section C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

Section D - PACKAGING AND MARKING

D.1 DEPARTMENT OF STATE MAIL AND COURIER ADDRESS

D.2 PACKAGING REQUIREMENTS FOR MAIL AND COURIER SHIPMENT OF DOCUMENTS AND

DRAWINGS

D.3 DOCUMENTATION OF SHIPMENTS

D.4 DESPATCH AGENTS

Section E - INSPECTION AND ACCEPTANCE

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

E.2 SUBSTANTIAL COMPLETION

E.3 USE OF EQUIPMENT BY THE GOVERNMENT

E.4 FINAL COMPLETION AND ACCEPTANCE

E.5 QUALITY ASSURANCE AND QUALITY CONTROL

E.6 RESERVED

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)

F.2 52.211-12 LIQUIDATED DAMAGES - CONSTRUCTION (SEPT 2000) (Reference 11.503)

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

F.6 WORK HOURS

F.7 EXCUSABLE DELAYS

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F.8 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

F.9 DELIVERABLES/SUBMITTALS

F.10 DOCUMENTATION OF REQUESTS FOR EXTENSION

F.11 SUSPENSION OF WORK- NONCOMPLIANCE WITH CONTRACT REQUIREMENTS

F.12 NOTICE TO PROCEED (NTP)

F.13 PLACE OF PERFORMANCE

Section G - CONTRACT ADMINISTRATION DATA

G.1 DOSAR 652.242-70 CONTRACTING OFFICER’S REPRESENTATIVE (COR) (AUG 1999) (Reference DOSAR 642.272(a))

G.2 COST LOAD SCHEDULE FOR PROGRESS PAYMENTS

G.3 MONTHLY PROGRESS PAYMENT REQUESTS (Application for Payment)

G.4 CERTIFICATION OF PAYMENT TO SUBCONTRACTORS

G.5 AUTHORITY OF CONTRACTING OFFICER

G.6 PAYMENT

G.7 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS AND INSTRUCTIONS TO IMPLEMENT

USAGE OF THE INVOICE PROCESSING PLATFORM (IPP)

G.8 CONTRACT PROGRESS PAYMENT

G.9 TAX RELIEF PROCEDURES

G.9.1 PROCEDURES

G.10 DESIGNATION OF ADMINISTRATIVE CONTRACTING OFFICE

Section H - SPECIAL CONTRACT REQUIREMENTS

H.1 AUTHORIZED INSURANCE CARRIERS FOR DBA INSURANCE

H.2 RESERVED

H.3 INSURANCE

H.4 BOND REQUIREMENTS

H.5 SAFEGUARDING OF INFORMATION

H.6 PUBLIC RELEASE OF INFORMATION

H.7 DOCUMENTS - OWNERSHIP AND USE

H.8 REQUIREMENT FOR SHOP DRAWINGS

H.9 GOVERNING LAW

H.10 LAWS AND REGULATIONS

H.11 LANGUAGE PROFICIENCY

H.12 WAR RISKS

H.13 ASSIGNMENT

H.14 REVIEW OF DOCUMENTS AND LOCAL CONDITIONS

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H.15 INDEMNIFICATION AGAINST CLAIMS AND ENCUMBRANCES

H.16 OTHER SERVICES NOT TO RELIEVE CONTRACTOR

H.17 ERRONEOUS REPRESENTATIONS

H.18 AUTHORIZED REPRESENTATIVE OF THE CONTRACTING OFFICER

H.19 RESERVED

H.20 REFERENCED STANDARDS

H.21 NOTIFICATION OF DIFFERING SITE CONDITIONS

H.22 EQUITABLE ADJUSTMENTS

H.23 PRESERVATION OF REFERENCE POINTS AND BENCHMARKS

H.24 CERTIFICATION OF BOUNDARY MARKERS

H.25 ORGANIZATION OF DRAWINGS AND SPECIFICATIONS

H.26 RESPONSIBILITY OF CONTRACTOR

H.27 ORGANIZATION AND DIRECTION OF THE WORK

H.28 CONSTRUCTION OPERATIONS

H.29 SUBCONTRACTORS AND SUPPLIERS

H.30 TEMPORARY FACILITIES & SERVICES

H.31 DEFENSE BASE ACT INSURANCE

H.32 CONTRACTOR PERSONNEL

H.33 RESERVED

H.34 WATCHMEN

H.35 MATERIALS AND EQUIPMENT

H.36 IMPORTED MATERIALS, EQUIPMENT, AND PERSONNEL

H.37 HAZARDOUS MATERIAL IDENTIFICATION

H.38 SPECIAL WARRANTIES

H.39 DEFINITIONS

H.40 INFORMATION CONCERNING THE HOST COUNTRY

H.41 CONFERENCES

H.42 CHANGE ORDER PROCESSING

H.43 ENGLISH LANGUAGE DOCUMENTATION REQUIREMENT

H.44 TRAFFICKING PERSONS COMPLIANCE PLAN CERTIFICATION

H.45 LABOR RELATIONS & ACTIONS

PART II - CONTRACT CLAUSES

Section I - CONTRACT CLAUSES

I.1 DEFINITIONS

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I.2 THE CONTRACT

I.3 STANDARDS OF CONDUCT

I.4 FINANCIAL RECORDS AND ACCOUNTING

I.5 MISCELLANEOUS

I.6 MODIFICATIONS AND PROPOSAL SUBMISSION

I.7 INSURANCE

I.8 TIME

I.9 GOVERNMENT’S RESPONSIBILITIES

I.10 CONTRACTOR’S RESPONSIBILITIES

I.11 PRELIMINARY MATTERS

I.12 PROTECTION OF PERSONS AND PROPERTY

I.13 SUBCONTRACTORS AND SUPPLIERS

I.14 CONSTRUCTION PERSONNEL

I.15 MATERIALS AND EQUIPMENT

I.16 CHANGES AND EQUITABLE ADJUSTMENTS

I.17 PAYMENTS AND COMPLETION

I.18 CLAIMS, DISPUTES AND PROTESTS

I.19 SUSPENSION AND TERMINATION

I.20 ADMINISTRATION

Section J - LIST OF ATTACHMENTS

J.1 SOLICITATION DOCUMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

Section K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2022) (Reference 4.1202(a))

K.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) (Reference 9.104- 7(b)) 71

K.3 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (JUN 2020)

(Reference 30.201-3)

K.4 52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997) (Reference 36.520) .. 75

K.5 DOSAR 652.225-70 ARAB LEAGUE BOYCOTT OF ISRAEL (AUG 1999) (Reference DOSAR 625.7002(a))

K.6 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR

A FELONY CONVICTION UNDER FEDERAL LAW (FEB 2016)

K.7 52.209-12 CERTIFICATION REGARDING TAX MATTERS (OCT 2020)

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K.8 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES

OR TRANSACTIONS RELATING TO IRAN-REPRESENTATION AND CERTIFICATION (OCT 2020)

(Reference 25.1103(e)

K.9 52-222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN (MAR 2015) 78

K.10 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT

K.11 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION.

K.12 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND REPRESENTATION. 81

Section L - SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) (Reference 52.107(a))

L.2 52.204-22 - ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

L.3 DOSAR 652.206-70 ADVOCATE FOR COMPETITION/OMBUDSMAN (FEB 2015) (Reference

DOSAR 606.570)

L.4 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991) (Reference 14.201-6)

L.5 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991) (Reference 14.201-6)

L.6 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (NOV 2021) (Reference 15.209)

L.7 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2017)--ALTERNATE I (OCT 1997) (Reference 15.209)

L.8 52.232-14 NOTICE OF AVAILABILITY OF PROGRESS PAYMENTS EXCLUSIVELY FOR SMALL

BUSINESS CONCERNS (APR 1984) (Reference 32.502-3)

L.9 52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH OFFER (JUL 2013) (Reference 32.1110(g))

L.10 MAGNITUDE OF CONSTRUCTION PROJECT

L.11 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)--ALTERNATE I (FEB 1995) (Reference 36.523)

L.12 52.211-1 AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL

SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS, FPMR PART 101-29 (AUG 1998) (Reference 11.204(a))

L.13 52.211-2 AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS

LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM

(ASSIST) (JUL 2021) (Reference 11.204(b))

L.14 52.216-1 TYPE OF CONTRACT (APR 1984) (Reference 16.105)

L.15 DEFENSE BASE ACT INSURANCE

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L.16 52.232-13 NOTICE OF PROGRESS PAYMENTS (APR 1984) (Reference 32.502-3(a))

L.17 52.233-2 SERVICE OF PROTEST (SEPT 2006) (Reference 33.106)

L.18 PROPOSAL PREPARATION INSTRUCTIONS

L.18.1 FACTOR 1: CONSTRUCTOR TECHNICAL PROJECT EXPERIENCE

L.18.2 FACTOR 2: CONSTRUCTOR PAST PERFORMANCE

L.18.3 FACTOR 3: TECHNICAL APPROACH AND RISK

L.18.4 FACTOR 4: MANAGEMENT/ORGANIZATION

L.18.5 FACTOR 5: SAFETY PROGRAM

L.18.6 FACTOR 6: THIRD COUNTRY NATIONALS (TCN) RECRUITMENT PLAN

L.18.7 FACTOR 7: HOUSING PLAN

Section M - SECTION M - EVALUATION FACTORS FOR AWARD

M.1 EVALUATION OF OFFERS

M.1.1 FACTOR 1 CONSTRUCTOR TECHNICAL PROJECT EXPERIENCE

M.1.2 FACTOR 2 CONSTRUCTOR PAST PERFORMANCE

M.1.3 FACTOR 3 TECHNICAL APPROACH AND RISK

M.1.4 FACTOR 4 MANAGEMENT AND ORGANIZATION

M.1.5 FACTOR 5 SAFETY PROGRAM

M.1.6 FACTOR 6 TCN RECRUITMENT PLAN

M.1.7 FACTOR 7 HOUSING PLAN

M.2 EVALUATION OF PRICE

M.3 BASIS OF AWARD

M.4 JOINT VENTURE/SIGNED STATEMENT OF JV INTENT AND DESCRIPTION OF PARTNERSHIP .. 102

M.5 AWARD WITHOUT DISCUSSIONS

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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 CONTRACT LINE ITEM NUMBER (CLIN) 001 PRICING

The Contract Price for CLIN 001 includes the Pre-construction Survey.

B.1.2 CONTRACT LINE ITEM NUMBER (CLIN) 002 PRICING

The Contract Price for CLIN 002 includes constructing a multifunctional classroom building at POTC - Toubacouta (CET-3). The price shall include 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.1.3 CONTRACT LINE ITEM NUMBER (CLIN) 003 PRICING

The Contract Price for CLIN 003 includes constructing a warehouse building at POTC - Toubacouta (CET-3). The price shall include 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.1.4 CONTRACT LINE ITEM NUMBER (CLIN) 004 PRICING - DBA INSURANCE

Defense Base Act (DBA) Insurance is required for all United States citizens or residents and individuals hired in the United States, regardless of citizenship for any construction and services for U. S. overseas contracts over US$3,500.00. DBA insurance is also required for all Host Country Nationals (HCNs) and Third Country Nationals (TCNs) working overseas unless waved by the Department of Labor (DOL). Only the countries listed currently on

19AQMM24R0105 Page 8 of 103 the DOL’s Active DBA Waivers are not required to have DBA insurance for Host Country Nationals (HCNs) and Third Country Nationals (TCNs). See website for country waivers:

https://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm). The waiver is only valid if alternative worker’s compensation benefits are provided to the waived employees pursuant to applicable local law. If there are no local worker’s compensation laws, the waiver has no effect and HCN and TCN (if applicable by local law) working under a U. S.

contract shall be included and covered under the DBA.

The DBA insurance may be obtained from any authorized DBA insurance broker, see Sub- Section I.14, FAR 52.228-3 WORKER’S COMPENSATION INSURANCE (DEFENSE BASE ACT) (APR 1984). New DBA insurances policies can be purchased directly from any DOL approved insurance carrier. A list of DOL approved carriers may be found at http://www.dol.gov/owcp/dlhwc/lscarrier.htm.

B.1.5 TAX EXEMPTION

The Contractor shall take all reasonable action to obtain exemption from or refund of any taxes or duties, including interest or penalty, from which the United States Government, the Contractor, any subcontractor, or the transactions or property covered by this contract are exempt under the laws of the country concerning its political subdivisions or which the governments of the United States and the country concerned have agreed shall not be applicable to expenditures in such country by or on behalf of the United States.

Note that the Contractor will not be reimbursed VAT or IVA under this contract by the U. S.

Government. All other taxes should be included in the firm fixed price and not separately reimbursable.

This requirement is subject to be availability of funds.

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

CLIN Description Unit Price

Unit of Issue

QTY Total

Pre-Construction Survey Contract Type: Firm-Fixed-Price POP: 30 days from the Task Order Award

LT 1

Construct a multifunctional classroom building at POTC - Toubacouta (CET-3) Contract Type: Firm-Fixed-Price POP: 11 months from Issuance of the Notice to Proceed

LT 1

Construct a warehouse building at POTC- Toubacouta (CET-3) Contract Type: Firm-Fixed-Price POP: 11 months from Issuance of the Notice to Proceed

LT 1

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

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CLIN Description Unit Price

Unit of Issue

QTY Total

DBA INSURANCE

Contract Type: Cost Reimbursable

7,000 LT 1 7,000

B.3 TYPE OF CONTRACT

This contract is Hybrid (Firm Fixed Price + 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.

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SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

See Specification in Section J

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SECTION D - PACKAGING AND MARKING

Note:

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

PLEASE NOTE: All orders are ultimately intended for an overseas destination. If the shipment will involve wood packaging material, then the packing and palletizing must conform to the standards in the International Standards for Phytosanitary Measures Publication No. 15: “Guidelines for Regulating Wood Packaging Material in International Trade” (ISPM 15) and have the appropriate markings indicating that the materials meet this standard. Any deliveries arriving at our indicated domestic delivery address that do not meet these standards will be rejected and must be corrected at the contractor’s expense.

D.1 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 Office of Acquisition Management A/OPE/AQM/IP/COM - SA-6B, Cubicle 1225 Attn: Joonpil Hwang, Contracting Officer P. O. Box 9115, Rosslyn Station Arlington VA 22219

D.2 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)

19AQMM24R0105 Page 12 of 103 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.3 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 within 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.4 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

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SECTION E - INSPECTION AND ACCEPTANCE

Note:

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

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

19AQMM24R0105 Page 14 of 103 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 Notice to Proceed (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 RESERVED

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SECTION F - DELIVERIES OR PERFORMANCE CLAUSES INCORPORATED BY REFERENCE

Note:

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

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) 30

(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

Pre-Construction Survey Contract Type: Firm-Fixed- Price

30 days from the Task Order Award

Construct a multifunctional classroom building at POTC

- Toubacouta (CET-3)

11 months from Issuance of the Notice to Proceed

Construct a warehouse building at POTC- Toubacouta (CET-3)

11 months from Issuance of the Notice to Proceed * **

DBA INSURANCE

11 months from Issuance of the Notice to Proceed

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)

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19AQMM24R0105: SENEGAL MULT. CLASSROOM BUILDING

AND WAREHOUSE CONSTRUCTION PROJECT

$913.45 per day

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.

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F.6 WORK HOURS

All work shall be performed during Monday through Saturday, except for the Senegalian holidays.

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 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 (1) 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; (10) 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

19AQMM24R0105 Page 18 of 103 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 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 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

(X) (X) (X) (X) (X) (X) (X) (X) (X) (X) (X) (X)*

3. Upon acknowledgment of the 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 workday.

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

19AQMM24R0105 Page 19 of 103 equivalent fair weather workdays, 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.

a. Tentative Project Schedule: The contractor shall provide a tentative project schedule indicating the number of days work for each sub-task and the cumulative total days of work for projects in the Technical Proposal. This shall be submitted in a graphic or matrix format which clearly delineates the sequencing and simultaneous execution of the sub-tasks within each country.

b. Final Project Schedule: The contractor shall provide the COR and the GPOI Country Manager a Final Project Schedule stating the number of days work for each sub-task, the start and completion dates of each sub-task, and the cumulative total days of work for projects within ten (10) days of completing the coordination visit/ site survey of that country.

c. Receiving and Inspection Report: The contractor shall submit a complete Receiving and Inspection Report (DS-127) for equipment and materials upon receipt. The DS-127 shall be submitted along with the invoice in which the items are billed.

d. Weekly Construction Progress Report: The contractor shall provide a written Construction Progress Report to the COR and GPOI Country Manager regarding the status of each Subtask each week. Construction Progress Reports shall be submitted electronically no later than 1200 hours on the last business day of each week.

e. Serious Incident Reports (SIRs): The contractor shall submit an SIR to the COR and GPOI Country Manager within 2 hours of the incident’s occurrence. The criteria for SIRs shall include injury or death of any member of the labor force, injury or death of any individual due to work associated with this SOW, unscheduled or unexpected work stoppages, issues with the host nation military or law enforcement agencies, and loss or damage to equipment, materials, or supplies associated with the work of this SOW.

f. Property Book Report: The contractor shall submit a property inventory report to AQM, the COR, the GPOI Country Manager, each month following the award of the contract. The report shall be submitted on the last business day of each month.

g. The contractor shall submit a request to the COR for a Certificate of Completion upon completion of all work. Upon receipt of the request, the contractor and COR shall schedule a date/ time for the work to be inspected. If the work has been completed in accordance with the requirements of the Statement of Work, the Department shall provide a Certificate of Completion.

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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’ work1

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 Evidence of Insurance Within thirty (30) calendar days after contract award1

CO & COR

H.4 Bond or Irrevocable Letter of Credit (ILC) Requirements

Within thirty (30) calendar days after contract award1

CO & COR

H.10 Subcontractors Prior to issuance of NTP, and prior to performance of any subcontractor1

CO

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

Prior to issuance of NTP1 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

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REFERENCE DESCRIPTION DUE DATE SUBMITTED TO

DOSAR

652.236-70

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

CO & COR

As-Built Drawings (one

(1) soft copy of PDF and one (1) soft copy of AutoCAD)

No later than 10 days from substantial completion of construction

CO & COR

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

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

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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 NOTICE TO PROCEED (NTP)

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 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 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 contract.

F.13 PLACE OF PERFORMANCE

Place of Performance. The place of performance for Task A and Task B shall be Senegal’s CET-3, town of Toubacouta, Senegal.

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SECTION G - CONTRACT ADMINISTRATION DATA

Note:

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

G.1 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.

(b) The COR is TBD.

G.2 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.3 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.

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G.4 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.