19AQMM24R0149 - Mozambique Construction.pdf
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- Mozambique Construction Federal contract opportunity
- Solicitation number
- 19AQMM24R0149
About this file
This document is a solicitation for the Mozambique Specialized Technical Services contract (Solicitation Number: 19AQMM24R0149). The services may include all construction, training, and related activities necessary to build ANEA's (Mozambique National Atomic Energy Agency) capability and capacity to store radiological material securely and safely.
The contract will consist of three independent but interrelated lines of effort: 1) Security upgrades to Maputo Central Hospital's disused source and irradiated material storage bunker, 2) Construction of a storage facility for orphaned and disused sources for ANEA, and 3) Associated general and technical training for Mozambican stakeholders. Prospective offerors are encouraged to attend a virtual site visit in early-mid July. Proposals are due by 3:00 PM ET on July 22, 2024. The contract will be awarded by the Department of State's Office of Acquisition Management.
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Text version
19AQMM24R0149
SOLICITATION, OFFER, AND AWARD
1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR
700)
RATING
2. CONTRACT NUMBER 3. SOLICITATION NUMBER
19AQMM24R0149 SEALED BID (IFB)
X NEGOTIATED (RFP)
4. TYPE OF SOLICITATION 5. DATE ISSUED
06/07/2024
6. REQUISITION/PURCHASE NUMBER
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 (If other than Item 7)
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.
9. Sealed offers in original and ____ copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if handcarried, in the depository located in ____ until
__15:00 ET__ local time __07/22/2024__
10. FOR
INFORMATION
E-MAIL:
A. NAME
Khoa D Tran 703-875-5854
B. TELEPHONE (NO
COLLECT CALLS)
C. E-MAIL ADDRESS
TranKD@state.gov
11. TABLE OF CONTENTS (See Table of Contents on page 2)
(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)
PART I - SCHEDULE PART II - CONTRACT CLAUSES
A SOLICITATION/CONTRACT FORM I CONTRACT CLAUSES Contract B SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
C DESCRIPTION/SPECS./WORK STATEMENT J LIST OF ATTACHMENTS
D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS
E INSPECTION AND ACCEPTANCE K REPRESENTATIONS CERTIFICATIONS AND OTHER
STATEMENTS OF OFFERORSF DELIVERIES OR PERFORMANCE
L INSTRS., CONDS., AND NOTICES TO OFFERORSG CONTRACT ADMINISTRATION DATA
M EVALUATION FACTORS FOR AWARDH SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror)
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
In compliance with the above, the undersigned agrees, if this offer is accepted within __________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
12.
13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No.
52.232-8)
10 CALENDAR DAYS(%)
0.00 %
20 CALENDAR DAYS(%)
0.00 %
30 CALENDAR DAYS(%)
0.00 %
0 CALENDER DAYS(%)
0.00 %
14. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):
AMENDMENT NO. DATE AMENDMENT NO. DATE
15A. NAME AND
ADDRESS OF
OFFEROR
CONTACT: UEI: 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or Print)
15B. TELEPHONE NUMBER
15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM
ABOVE - ENTER SUCH ADDRESS IN SCHEDULE.
17. SIGNATURE 18. OFFER DATE
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)
ITEM
CODE:
OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)
PO BOX 9115, ROSSLYN STATION
US DEPARTMENT OF STATE
ARLINGTON, VA 22219
24. ADMINISTERED BY (if other than Item 7) CODE: IPP
IPP
Invoices to be uploaded to Invoice Processing Platform at http://www.ipp.gov
CHARLESTON, SC 29415
25. PAYMENT WILL BE MADE BY
26. NAME OF CONTRACTING OFFICER (Type or print)
Khoa D Tran (Signature of Contracting Officer)
27. UNITED STATES OF AMERICA 28. DATE
06/07/2024 IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition is unusable
STANDARD FORM 33 (REV. 9-97)
Prescribed by GSA - FAR (48 CFR) 53.214(c)
CGFS // CGFS
Line Item Summary
Solicitation Number:
19AQMM24R0149
Contract Number: Title: Mozambique Specialized Technical Services
Date of Solicitation:
06/07/2024
Line Item No.
Description Quantity Unit Unit Price Total Cost
001 Base Period - Construction
a) Line of Effort 1: Security Upgrades to Maputo Central Hospital’s (HCM)
b) Line of Effort 2: Construction of a Storage Facility for Orphaned and Disused Sources Type of Contract Pricing: FPEA
Doc Ref No:
Delivery Date FOB:
1.00 LT $0.00 $0.00
BASE PERIOD
002 Base Period - Line of Effort 3: Training Support Type of Contract Pricing: FFP
Doc Ref No:
Delivery Date FOB:
1.00 LT $0.00 $0.00
BASE PERIOD
003 Base Period - Travel Type of Contract Pricing: CNF
Doc Ref No:
Delivery Date FOB:
1.00 LT $0.00 $0.00
BASE PERIOD
004 Base Period - ODCs Type of Contract Pricing: FFP
Doc Ref No:
Delivery Date FOB:
1.00 LT $0.00 $0.00
BASE PERIOD
005 Base Period - DBA Insurance Type of Contract Pricing: FFP
Doc Ref No:
Delivery Date FOB:
1.00 LT $0.00 $0.00
BASE PERIOD
101 Option Period - Construction
a) Line of Effort 1: Security Upgrades to Maputo Central Hospital’s (HCM)
b) Line of Effort 2: Construction of a Storage Facility for Orphaned and Disused Sources Type of Contract Pricing: FPEA
Doc Ref No:
Delivery Date FOB:
1.00 LT $0.00 $0.00
102 Option Period - Line of Effort 3: Training Support Type of Contract Pricing: FFP
Doc Ref No:
Delivery Date FOB:
1.00 LT $0.00 $0.00
103 Option Period - Travel Type of Contract Pricing: CNF
Doc Ref No:
Delivery Date FOB:
1.00 LT $0.00 $0.00
104 Option Period - ODCs Type of Contract Pricing: FFP
Doc Ref No:
Delivery Date FOB:
1.00 LT $0.00 $0.00
105 Option Period - DBA Insurance Type of Contract Pricing: FFP
Doc Ref No:
1.00 LT $0.00 $0.00
Line Item Summary
Solicitation Number:
19AQMM24R0149
Contract Number: Title: Mozambique Specialized Technical Services
Date of Solicitation:
06/07/2024
Line Item No.
Description Quantity Unit Unit Price Total Cost
Delivery Date FOB:
Clause Title Fill-ins
52.203-5 Covenant Against Contingent Fees (May 2014)
52.203-7 Anti-Kickback Procedures (Jun 2020)
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 (Jun 2020)
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May
2011)
52.242-13 Bankruptcy (July 1995)
52.244-5 Competition in Subcontracting (Dec 1996)
652.216-71 PRICE ADJUSTMENT (AUG 1999)
652.228-71 WORKER'S COMPENSATION INSURANCE (DEFENSE BASE ACT) -
SERVICES (FEB 2015)
652.232-72 LIMITATION OF FUNDS (AUG 1999)
652.243-70 NOTICES (AUG 1999)
52.204-7 System for Award Management (Oct 2018)
52.217-5 Evaluation of Options (July 1990)
B-003 - Defense Base Act Insurance
If Defense Base Act Insurance is required in accordance with DOSAR 652.228-71, the Contractor shall procure Defense Base Act (DBA) insurance directly from a Department of Labor (DOL) approved insurance provider. Approved providers can be found at the DOL website at http://www.dol.gov/owcp/dlhwc/lscarrier.htm.
B-010 - TYPE OF CONTRACT
This is a Firm-Fixed Price contract, as defined in FAR 16.203 (Fixed-price contracts with economic price adjustment). Contract types for the individual line items will fall under one or more of the following: fixed-price and cost-reimbursement.
(end of clause)
C-001 - Statement of Work
STATEMENT OF WORK
Specialized Technical Expertise and Services in Securing Unmonitored Radioactive Material in Mozambique
C.1 Objectives and Goals
The contractor shall undertake construction and training activities in Mozambique. These activities, planned and coordinated in close cooperation with U.S. Embassy Maputo, will bolster the Mozambique National Atomic Energy Agency’s (ANEA) ability to store radiological material securely and safely.
C.2 Scope The services of this proposed solicitation may include all construction, training, and related activities necessary to build ANEA’s capability and capacity to store radiological material securely and safely. This shall be accomplished through three independent, but interrelated lines of effort (LOEs). LOE 1 shall consist of security upgrades to Maputo Central Hospital's (HCM) disused source and irradiated material storage bunker. LOE 2 shall consist of construction of a storage facility for orphaned and disused sources for ANEA. Finally, LOE 3 shall consist of associated and relevant general and technical training for appropriate Mozambican stakeholders.
1. The contractor shall be responsible for coordinating with appropriate persons from ANEA, identified by NDF and U.S.
Embassy Maputo, to enable access for site visits, including supporting logistics and transportation, in order to examine HCM, the proposed site of the storage facility for orphaned and disused sources, and any other appropriate locations in Mozambique to support the design and construction associated with this SOW. The contractor shall then advise NDF, U.S. Embassy Maputo, and the ANEA on final design considerations and requirements, thru NDF coordination with U.S.
Embassy Maputo and the ANEA.
2. The contractor shall execute a design-build contract, including drawings and a construction plan, at these sites in accordance with FAR 36.102 and, to the extent practicable, in conformance with FAR 11.101(a)(3) detailed design-oriented documents.
3. The contractor shall deploy appropriate numbers of qualified personnel to expeditiously complete all tasks. The contractor shall provide all logistical and support services for personnel deployed to Mozambique. The contractor shall prepare detailed bills of quantities for material sourcing.
4. The contractor work to be performed shall be accomplished through three independent, but interrelated lines of effort (LOEs) as defined in the succeeding paragraphs below. LOE 1 shall consist of security upgrades to HCM’s disused source and irradiated material storage bunker. LOE 2 shall consist of construction of a storage facility for orphaned and disused sources for ANEA. Finally, LOE 3 shall consist of associated and relevant general and technical training for appropriate Mozambican stakeholders.
a. Line of Effort 1: Security Upgrades to HCM shall consist of security upgrades to Maputo Central Hospital’s (HCM) disused source and irradiated material storage bunker. Specifically, the contractor shall:
i. Undertake and be responsible for all necessary preconstruction activities, including, but not limited to: topographical surveys, soil sampling, drawings and plans, specifications, construction plans, detailed bills of quantities for material sourcing, landscape designs, and furniture and furnishings planning in preparation for installation of the equipment procured by the contractor as it relates to security upgrades to HCM’s disused source and irradiated material storage bunker. These documents, as directed by the COR, shall be provided to NDF for review and coordination with U.S. Embassy Maputo and ANEA, and approval by the COR.
ii. Undertake an approved list of security and infrastructure upgrades to HCM, as agreed upon by ANEA and HCM.
This may include, but is not limited to, dependent on final site surveys: Wall and roof repairs, upgrades to the door, enhanced lighting, electrical improvements, central monitoring components, equipment and activities associated with a video management system, procurement and installation of cameras and other security sensors, communication and alarm equipment, solar panels, perimeter fencing, and associated security and safety equipment such as radiation detectors and fire extinguishers.
iii. Be responsible for the sourcing and transportation to the site for all required materials. The finished works will meet all applicable Mozambican and local regulatory requirements.
b. Line of Effort 2: Construction of a Storage Facility for Orphaned and Disused Sources - shall consist of construction of a storage facility for orphaned and disused sources for ANEA. Specifically, the contractor shall:
i. Undertake and be responsible for all necessary preconstruction activities, including, but not limited to: topographical surveys, soil sampling, drawings and plans, specifications, construction plans, detailed bills of quantities for material sourcing, landscape designs, and furniture and furnishings planning in preparation for installation of the equipment procured by the contractor as it relates to construction of a storage facility for orphaned and disused sources. These documents, as directed by the COR, shall be provided to ISN/NDF for review and coordination with U.S. Embassy Maputo and ANEA, and approval by the COR.
ii. Undertake an approved course of action for construction of a storage facility for orphaned and disused sources, as agreed upon by ANEA. This may include, but is not limited to, dependent on final site surveys: preparatory ground work for the storage building site, land clearing, excavation work for the building foundation, access road construction activities, electrical access perpetration, concrete, metal, roofing and electrical work for the structure proper, installation of a physical protection system including locks, security lights, perimeter fencing, and other alarm, deterrence, and delay features, access control measures, health safety features and equipment, storage and partition equipment, solar panels, and associated security and safety equipment such as radiation detectors and fire extinguishers.
iii. Be for the sourcing and transportation to the site for all required materials. The finished works will meet all applicable Mozambican and local regulatory requirements.
c. Line of Effort 3: Training Support - shall consist of associated and relevant general and technical training for appropriate Mozambican stakeholders. The contractor shall:
i. Undertake training and instructional activities in support of LOEs 1 and 2. Topics of instruction may include, but are not limited to, such areas as: Introduction to Nuclear Security Culture; Basic Radiation Awareness; Design Basis Threat (DBT) Fundamentals; Physical Protection System (PPS) Fundamentals for Radiological Sources; Synergy of Safety and Security Systems; Human Factors in Security; Nuclear Material Accounting and Control (NMAC) Fundamentals; Physical Protection System Design Strategy; Radiological Hazard Identification and Analysis; PPS Configuration Management Fundamentals; PPS Maintenance Fundamentals; Response to a Radiological Incident; and Methodology for Developing a DBT. The contractor shall submit a prospectus for each training event to the COR containing, at a minimum, the topic and intended audience, notional agenda, notional date, objectives, and U.S. Government support requirements for approval in writing.
ii. Following COR approval, the contractor shall work closely with NDF throughout the development process and activity implementation to ensure all materials align with NDF’s priorities. No more than thirty (30) days following NDF approval to undertake the in-person workshop, the contractor shall provide NDF with an activity implementation plan, including the intended audience, draft agenda, outreach material, and objectives for the engagement, for approval. At least thirty
(30) days in advance of any presentations or engagements, the contractor will provide copies of the final agenda and all presentation materials to NDF for review and approval.
iii. Provide NDF with participant information using the NDF-provided participant review spreadsheet (including full name, citizenship, email, phone number, job title, institutional affiliation, and a government issued-national ID number) for all participants (including presenters) at least forty-five (45) days prior to any event, workshop, presentation, or provision of financial support of any kind. NDF approval is required for all participants prior to engagements to avoid cancellation or postponement, and NDF reserves the right to remove participants from the project at any time, or to extend the timeline for participant information on a case-by-case basis.
iv. Within fifteen (15) days after the delivery of individual engagements or presentations, the contractor will deliver to NDF via email an after-action report describing the engagement. The report shall, at a minimum, include:
1. Contractor’s assessment of the relative success or failure of the engagement.
2. Any comments or questions received by foreign government officials.
3. Recommendations for proposed follow-on work.
4. Names of all participants, including name, country, contact information, and any other available information; and
5. Photographs of the event in the report and as separate attachments to the email.
C-002 - Risk Mitigation Strategy
Required Risk Mitigation:
Contractor personnel must, in all instances take all reasonable action to avoid both the appearance of an Organizational Conflict of interest as well as an actual conflict of interest. This requirement applies to all contractor personnel as well as subcontractor personnel performing on their behalf.
Federal Acquisition Regulation (FAR) 7.503 lists functions that are considered to be inherently governmental. Contracts should not be used to perform any of those functions. The following is a list of examples of functions generally not considered to be inherently governmental functions. However, certain services and actions that are not considered to be inherently governmental functions may approach being in that category because of the nature of the function, the manner in which the contractor performs the contract, or the manner in which the Government administers contractor performance. This list is not all inclusive and not all strategies will apply to every situation:
If in the performance of this Contract the contractor is providing Services that:
• Involve or relate to budget preparation, including workload modeling, fact finding, efficiency studies, and should-cost analyses, etc.
• Services that involve or relate to reorganization and planning activities;
• Services that involve or relate to analyses, feasibility studies, and strategy options to be used by agency personnel in developing policy.
• Services that involve or relate to the development of regulations.
The contractor shall make all parties aware that all decisions are made by the Department. In addition the contractor shall:
1. Provide written status updates documenting progress and any issues or concerns that may affect schedule or budget;
2. Schedule interim meetings (at least monthly) with the COR to review progress and make course corrections as necessary:
If in the performance of this Contract the contractor is providing information regarding agency policies or regulations, such as attending conferences on behalf of an agency, conducting community relations campaigns, or conducting agency training courses
The contractor shall identify their contractor affiliation on name tags and presentation materials as well as identify their affiliation at meetings, courses, and conferences.
If in the performance of this Contract the contractor is providing Services that involve or relate to the development of regulations:
1. Provide written status updates documenting progress and any issues or concerns that may affect schedule or budget;
2. Schedule interim meetings (at least monthly) with the COR to review progress and make course corrections as necessary.
If in the performance of this Contract the contractor is providing services in support of acquisition planning.
1. The contractor shall vet recommendations through panel of government personnel.
2. The contractor shall ensure that all employees review for assignments for a potential conflicts of interest to ensure contractor is not supporting a program it will subsequently bid on without further mitigation.
3. Report any potential conflict of interest, in writing, to the designated company point of contact, and the COR.
D-002 - MARKING OF REPORTS
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; and
(d) Program office(s).
(e) All reports become the property of the Department. Reports shall not contain any markings or legends which restrict the Department's use of such reports in any way.
E-001 - Inspection and Acceptance
The Government will review all deliverables for their completeness, accuracy, format, and acceptable content. The contractor shall correct any deficiencies as directed by the COR/GTM and shall resubmit the deliverable item no later than a mutually-agreed upon date.
Inspection and Acceptance All work hereunder shall be subject to review by the Government. Acceptance of the deliverables and final report shall be made in writing by the Contracting Officer's Representative (COR) and submitted to both the COR and Contracting Officer.
52.246-12 - Inspection of Construction (Aug 1996)
(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.
(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.
(c) Government inspections and tests are for the sole benefit of the Government and do not--
(1) Relieve the Contractor of responsibility for providing adequate quality control measures;
(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;
(3) Constitute or imply acceptance; or
(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this- section.
(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.
(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.
(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.
(g) If the Contractor does not promptly replace or correct rejected work, the Government may--
(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or
(2) Terminate for default the Contractor's right to proceed.
(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.
(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately.
Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.
(End of clause)
52.242-15 - Stop-Work Order (Aug 1989)
(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either--
(1) Cancel the stop-work order; or
(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.
(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--
(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and
(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.
(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.
(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.
(End of clause)
52.242-17 - Government Delay of Work (Apr 1984)
(a) If the performance of all or any part of the work of this contract is delayed or interrupted (1) by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or (2) by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing accordingly. Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract.
(b) A claim under this clause shall not be allowed--
(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved; and
(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract.
(End of clause)
Section F - Deliveries or Performance
F.1 Term of Basic Contract The term of this contract is one year with one (1) one-year options. This is not a multi-year contract as defined by FAR Part 17.1. Each option year may be issued with performance periods up to twelve months.
Base Year: September 2024 - September 2025 Option Year 1: September 2025 - September 2026
F.2 Place of Performance Mozambique
F.4 Deliverables LOE 1 Deliverables Item Delivered To Quantity Due Date Site Survey Report and Proposed Construction Plan
COR & GTM/PM TBD No later than thirty (30) day after any site surveys
Finalized Construction and Quality Control Plan
COR & GTM/PM 1 No later than fifteen (15) days ARO from the COR
Finalized Construction Schedule COR & GTM/PM 1 No later than fifteen (30) days ARO from the COR
30%, 60% 100% Design Review Reports Issued
COR & GTM/PM 3 No later than fifteen (15) days after benchmark denoted in the Finalized Construction Schedule for Construction including Drawings, Plans, Specifications, and Modifications Security Upgrades to HCM COR & GTM/PM TBD To be agreed upon by the COR and the Contractor at time of authorization
Monthly Progress Reports CO, COR & GTM/PM 24 No later than fifteen (15) calendar days from the first of each month for the previous month
LOE 2 Deliverables Item Delivered To Quantity Due Date Site Survey Report and Proposed Construction Plan
COR & GTM/PM 1 No later than thirty (30) day after any site surveys
Finalized Construction and Quality Control Plan
COR & GTM/PM 1 No later than fifteen (15) days ARO from the COR
Finalized Construction Schedule COR & GTM/PM 1 No later than fifteen (30) days ARO from the COR
30%, 60% 100% Design Review Reports Issued for Construction including Drawings, Plans, Specifications, and Modifications
COR & GTM/PM 3 No later than fifteen (15) days after benchmark denoted in the Finalized Construction Schedule
A Radiological Source Storage Facility
COR & GTM/PM 1 To be agreed upon by the COR and the Contractor at time of authorization
Monthly Progress Reports CO, COR & GTM/PM 24 No later than fifteen (15) calendar days from the first of each month for the previous month
LOE 3 Deliverables Item Delivered To Quantity Due Date Training Event Prospectus COR & GTM/PM 4+ No later than thirty (30) day after request from COR Activity Implementation Plan, including the intended audience, draft agenda, outreach material, and objectives for the workshop
COR & GTM/PM 4+ No later than thirty (30) days ARO from the COR
Radiological Security Workshops
COR & GTM/PM 4+ To be agreed upon by the COR and the Contractor at time of authorization
After-Action Reports COR & GTM/PM 4+ No later than fifteen (15) days after a workshop
Monthly Progress Reports CO, COR & GTM/PM 24 No later than fifteen (15) calendar days from the first of each month for the previous month
INV-IPP - ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS AND INSTRUCTIONS TO IMPLEMENT
USAGE OF THE INVOICE PROCESSING PLATFORM (IPP).
(a) Definitions. As used in these instructions
(1)”Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Payment documentation and process” and the applicable Payment clause included in this contract.
(b) Except as provided in paragraph (c) of these instructions, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP) at www.ipp.gov. Information regarding IPP is available on the Internet at www.ipp.gov. Assistance with the IPP application can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866)973-3131. The Contractor shall ensure that its supporting documentation conforms to IPP requirements. IPP accommodates up to 25 supporting attachments per invoice, individual attachment file size may not exceed ten megabytes (10mb). If the Contractor assesses that their supporting documentation will not reasonably conform to IPP requirements, the Contractor shall contact the Contracting Officer to explore possible alternatives. In addition, the IPP only allows certain characters to be used as the invoice number. The invoice number shall conform to the IPP convention and the attachments (if used) shall match exactly the invoice number allowed. The allowed characters in the IPP are “abcdefghijklmnopqrstuvwxyzABCDEFGHIJKLMNOPQRSTUVWXYZ0123456789-_”
(c) If the Contractor wishes to be paid via a foreign bank account, the contractor must properly fill out form GFS-FO-CLM-089 and attach it to each invoice in the IPP where payment to a foreign bank account is requested. The form can obtained by e-mailing CGFSIPPITSForm@state.gov.
(d) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing.
(e) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer’s written authorization with each payment request.
[End of instructions]
652.242-70 - CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)
(a) The Contracting Officer may designate in writing one or more Government employees, by name 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 duties at the Base contract will be designated from the Program Office by the Contracting Officer.
(End of clause)
G-002 - Contract Administration
G.2.1 General This section provides guidance regarding contract administration for the Basic Contract, and where applicable, for each Order placed under the Basic Contract. Additional contract administration requirements may be specified in each Order. Costs associated with these requirements shall not be billed as a direct cost to the Government.
Pursuant to FAR 16.504(a)(4)(vi), only authorized users may place Orders under the Basic Contract. In order to qualify as an authorized user, a duly warranted Contracting Officer (as that term is defined in FAR 2.1) in good standing must have an appropriate signed delegation of authority from the Department of State Contracting Officer. This Basic Contract is for use by Department of State only.
G.2.2 Roles and Responsibilities This section describes the roles and responsibilities of Government personnel after Basic Contract award. The Government may modify the roles and responsibilities at any time during the period of performance of the Basic Contract.
G.2.2.1 Contracting Officer The Department of State Contracting Officer is the sole and exclusive government official with actual authority to award the Basic Contract and individual Orders.
G.2.2.2 Contracting Officer’s Representative and Government Task Manager The Department of State Contracting Officer may designate a Contracting Officer’s Representative (COR) and a Government Task Manager (GTM) to provide certain assistance to the Contracting Officer for that Order. The specific rights and responsibilities of the COR andGTM for each order shall be described in writing, which upon request shall be provided to the Contractor. Neith the COR nor the GTM has no actual, apparent or implied authority to bind the Government. GTMs are not authorized to provide any guidance regarding the observance of legal holidays and facility closures, and are prohibited from directing contractor personnel in such circumstances.
G.2.3 Monthly Progress Report
(a) The Contractor shall furnish a monhtly report in accordance with Section F deliverable.
(End of clause)
H-036 - RECRUITMENT OF THIRD COUNTRY NATIONALS FOR PERFORMANCE ON DEPARTMENT OF STATE CONTRACTS (October 17, 2012)
1. On contracts exceeding $150,000 where performance will require the recruitment of non-professional third country nationals, the offeror is required to submit a Recruitment Plan as part of the proposal. Contractors providing employer furnished housing are required to submit a Housing Plan.
2. Recruitment Plan
a. State the anticipated number of workers to be recruited, the skills they are expected to have, and the country or countries from which the contractor intends to recruit them.
b. Explain how the contractor intends to attract candidates and the recruitment strategy including the recruiter.
c. Provide sample recruitment agreement in English.
d. State in the offer that the recruited employee will not be charged recruitment or any similar fees. The contractor or employer pays the recruitment fees for the worker if recruited by the contractor or subcontractor to work specifically on Department of State jobs.
e. State in the offer that the contractor’s recruitment practices comply with recruiting nation and host country labor laws.
f. State in the offer that the contractor has read and understands the requirements of FAR 52.222-50 Combating Trafficking in Persons.
g. Contractor and subcontractors shall only use bona fide licensed recruitment companies. Recruitment companies shall only use bona fide employees and not independent agents.
h. Contractor will advise the Contracting Officer of any changes to the Recruitment Plan during performance.
3. The offeror will submit a Housing Plan if the contractor intends to provide employer furnished housing for TCNs. The Housing Plan must describe the location and description of the proposed housing. Contractors must state in their offer that housing meets host country housing and safety standards and local codes or explain any variance. Contractor shall comply with any Temporary Labor Camp standards contained in this contract. In contracts without a Temporary Labor Camp standard, fifty square feet is the minimum amount of space per person without a Contracting Officer waiver. Contractor shall submit proposed changes to their Housing Plan to the Contracting Officer for approval.
4. Department of State contractor and subcontractors will treat employees with respect and dignity by taking the following actions:
a. Contractor may not destroy, conceal, confiscate, or otherwise deny access to an employee’s identity documents or passports. Contractors and subcontractors are reminded of the prohibition contained in Title 18, United States Code, Section 1592, against knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document to prevent or restrict the person’s liberty to move or travel in order to maintain the services of that person, when the person is or has been a victim of a severe form of trafficking in persons. Contractor must be familiar with any local labor law restrictions on withholding employee identification documentation.
b. Contractor shall provide employees with signed copies of the/their employment contracts, in English and the employee’s native language, that define the terms of employment, compensation including salary, overtime rates, allowances, salary increases, job description, description of any employer provided housing, benefits including leave accrual, and information on whether hazardous working conditions are anticipated. Contracts must be provided prior to employee departure from their countries of origin. Contractors will provide workers with written information on relevant host country labor laws. Fraudulent recruiting practices, including deliberately misleading information, may be considered a material breach of this contract.
c. Contractor shall provide all employees with a “Know Your Rights” brochure and document that employees have been briefed on the contents of the brochure. The English language version is available athttp://www.state.gov/g/tipor from the Contracting Officer.
d. Contractor shall brief employees on the requirements of the FAR 52.222-50 Combating Trafficking in Persons including the requirements against commercial sex even in countries where it is legal and shall provide a copy of the briefing to the Contracting Officer Representative (COR).
e. Contractor shall display posters in worker housing advising employees in English and the dominant language of the Third Country Nationals being housed of the requirement to report violations of Trafficking in Persons to the company and the company’s obligation to report to the Contracting Officer. The poster shall also indicate that reports can also be submitted to the Office of the Inspector General (OIG) Hotline at 202-647-3320 or 1-800-409-9926 or via email atOIGHOTLINE@STATE.GOV.
f. Contractor and subcontractors shall comply with sending and receiving nation laws regarding transit, entry, exit, visas, and work permits. Contractors are responsible for repatriation of workers imported for contract performance except an employee legally permitted to remain in the country of work and who chooses to do so; or an employee who is a victim of trafficking seeking victim services or legal redress in the country of employment or a witness in a trafficking-related enforcement action.
g. Contractor will monitor subcontractor compliance at all tiers. This includes verification that subcontractors are aware of, and understand, the requirements of FAR 52.222-50 Combating Trafficking in Persons and this clause. Contractors specifically agree to allow U.S. Government personnel access to contractor and subcontractor personnel, records, and housing for audit of compliance with the requirements of this clause.
i. The contractor agrees to include this clause in all subcontracts over $150,000 involving recruitment of third country nationals for subcontractor performance.
5. On contracts or subcontracts for other than commercially available off the shelf items, Offerors will certify with the submission of their proposal and annually thereafter that the contractor and subcontractors have a compliance plan in place appropriate to the size and nature of the program to prevent trafficking activities and to comply with the provisions of this clause. The certification will confirm that, to the best of its knowledge and belief, neither the prime nor subcontractor have engaged in any trafficking related activities described in section 106(g) of the Trafficking Victims Protection Act (TVPA) or the prohibitions of this clause.
H-009 - CONTRACTOR IDENTIFICATION
Contract performance may require contractor personnel to attend meetings with government personnel and the public, work within government offices, and/or utilize government email.
Contractor personnel must take the following actions to identify themselves as non-federal employees:
1) Use an email signature block that shows name, the office being supported and company affiliation (e.g. “John Smith, Office of Human Resources, ACME Corporation Support Contractor”);
2) Clearly identify themselves and their contractor affiliation in meetings;
3) Identify their contractor affiliation in Departmental e-mail and phone listings whenever contractor personnel are included in those listings; and
4) Contractor personnel may not utilize Department of State logos or indicia on business cards.
(end of clause)
H-016 - KEY PERSONNEL
a) The Contractor shall assign to this contract the following key personnel:
Project Manager Deputy Project Manager / Radiological Security Subject Matter Subject (SME) Construction Lead.
b) The Contractor agrees that a partial basis for award of this contract is the list of key personnel proposed. Accordingly, the Contractor agrees to assign to this contract those key persons whose resumes were submitted with the proposal necessary to fulfill the requirements of the contract. No substitution shall be made without prior notification to and concurrence of the Contracting Officer. During the first ninety days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment.
c) All proposed substitutes shall meet or exceed the qualifications of the person to be replaced. The Contracting Officer shall be notified in writing of any proposed substitution at least forty-five days, or ninety days if a security clearance is to be obtained, in advance of the proposed substitution. Such notification shall include:
(1) an explanation of the circumstances necessitating the substitution;
(2) a complete resume of the proposed substitute; and
(3) any other information requested by the Contracting Officer to enable him to judge whether or not the Contractor is maintaining the same high quality of personnel that provided the partial basis for award.
(end of clause)
H-020 - SAFEGUARDING INFORMATION
The Contractor and its employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract which has not been made public, except in the necessary performance of their duties or upon written authorization of the Contracting Officer. All documents and records (including photographs) generated during the performance of work under this contract shall be for the sole use of and become the exclusive property of the U.S. Government. Furthermore, no article, book, pamphlet, recording, broadcast, speech, television appearance, film or photograph concerning any aspect of work performed under this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do not cease upon the expiration or termination of this contract. The Contractor shall include the substance of this provision in all contracts of employment and in all subcontracts hereunder.
H-032 - ORGANIZATIONAL CONFLICT OF INTEREST - General
(a) The Contractor warrants that, to the best of its knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or that the Contractor has disclosed all such relevant information.
(b) The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor will make a full disclosure in writing to the Contracting Officer. This disclosure shall include a description of actions which the Contractor has taken or proposes to take to avoid or mitigate the actual or potential conflict.
(c) If the Contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contracting Officer, the Government may terminate the contract for default.
(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts.
52.215-8 - Order of Precedence - Uniform Contract Format (Oct 1997)
Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:
(a) The Schedule (excluding the specifications).
(b) Representations and other instructions.
(c) Contract clauses.
(d) Other documents, exhibits, and attachments.
(e) The specifications.
(End of clause)
52.215-11 - Price Reduction for Defective Certified Cost or Pricing Data-Modifications (Jun 2020)
(a) This clause shall become operative only for any modification to this contract involving a pricing adjustment expected to exceed the threshold for submission of certified cost or pricing data in Federal Acquisition Regulation (FAR) 15.403-4(a)(1) on the date of execution of the modification, except that this clause does not apply to any modification if an exception under FAR 15.403-1(b) applies.
(b) If any price, including profit or fee, negotiated in connection with any modification under this clause, or any cost reimbursable under this contract, was increased by any significant amount because (1) the Contractor or a subcontractor furnished certified cost or pricing data that were not complete, accurate, and current as certified in its Certificate of Current Cost or Pricing Data, (2) a subcontractor or prospective subcontractor furnished the Contractor certified cost or pricing data that were not complete, accurate, and current as certified in the Contractor's Certificate of Current Cost or Pricing Data, or (3) any of these parties furnished data of any description that were not accurate, the price or cost shall be reduced accordingly and the contract shall be modified to reflect the reduction. This right to a price reduction is limited to that resulting from defects in data relating to modifications for which this clause becomes operative under paragraph (a) of this clause.
(c) Any reduction in the contract price under paragraph (b) of this clause due to defective data from a prospective subcontractor that was not subsequently awarded the subcontract shall be limited to the amount, plus applicable overhead and profit markup, by which
(1) the actual subcontract or…
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