19BE2026Q0005 - RFQ.pdf

SOLICITATION

DOCUMENT

Rail Waterproofing Membrane Repair

Solicitation No: 19BE2026Q0005

Contracting & Acquisition Office U.S. Embassy Brussels Regentlaan 25-27 Boulevard du Régent 1000 Brussels Belgium

U.S. Embassy Brussels 19BE2026Q0005

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

19BE2026Q0005

2. TYPE OF SOLICITATION

SEALED BID (IFB)

[x] NEGOTIATED (RFP)

3. DATE ISSUED

September 10, 2026

PAGE 2 OF

58 PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

AMERICAN EMBASSY BRUSSELS

REGENTLAAN 27, BOULEVARD DU REGENT

ATTN: AMERICAN EMBASSY BRUSSELS,

BRUSSELS, BELGIUM, 1000

9. FOR INFORMATION

CALL:

A. NAME

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

SOLICITATION

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”

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

Rail Waterproofing Membrane Repair as stated in the Schedule

11. The Contractor shall begin performance within 31 calendar days and complete it within 60 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See _______________.)

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If “YES,” indicate within how many calendar days after award in Item 12B.)

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 1 copiy to perform the work required are due at the place specified in Item 8 by 2.00pm local time October 14, 2026. If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

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

D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 12/2022)

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

U.S. Embassy Brussels 19BE2026Q0005

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

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

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

19. ACKNOWLEDGMENT OF AMENDMENTS

h ff k l d f d h l b d d f h

AMENDMENT

NO

DATE

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

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN

IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO

SIGN (Type or print)

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

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

31C. AWARD DATE

STANDARD FORM 1442 BACK

U.S. Embassy Brussels 19BE2026Q0005

A. PRICING 6

A.1. SERVICES 6

A.2. TYPE OF CONTRACT 6

A.3. CONTRACT CURRENCY 6

A.4. CONTRACT PRICE 6

A.5. VALUE ADDED TAX 7

A.6. ABBREVIATIONS 7

B. STATEMENT OF WORK 8

B.1. PROJECT NAME AND LOCATION 8

B.2. STATEMENT OF WORK 8

B.3. ADMINISTRATIVE SECURITY REQUIREMENTS 9

B.4. TASKS AND DELIVERABLES 10

C. PACKAGING AND MARKING - RESERVED 11

D. INSPECTION AND ACCEPTANCE 12

D.1. SUBSTANTIAL COMPLETION 12

D.2. FINAL COMPLETION AND ACCEPTANCE 12

E. DELIVERIES AND PERFORMANCE 14

E.1. CONTRACTOR'S SUBMISSION OF CONSTRUCTION SCHEDULES 14

E.2. NOTICE OF DELAY 15

E.3. NOTICE TO PROCEED 15

E.4. WORKING HOURS 15

E.5. PRECONSTRUCTION CONFERENCE 15

F. CONTRACT ADMINISTRATION DATA 16

F.1. AUTHORITY OF CONTRACTING OFFICER 16

F.2. 652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999) 16

F.3. CONTRACT ADMINISTRATION DATA 16

F.4. PAYMENT 17

G. SPECIAL TERMS AND CONDITIONS 18

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G.1. PERFORMANCE/PAYMENT PROTECTION 18

G.2. INSURANCE 18

G.3. DOCUMENT DESCRIPTIONS 19

G.4. LAWS AND REGULATIONS 19

G.5. CONSTRUCTION PERSONEL 20

G.6. MATERIALS AND EQUIPMENT 21

G.7. SPECIAL WARRANTIES 21

G.8. EQUITABLE ADJUSTMENTS 21

G.9. ZONING APPROVALS AND PERMITS 21

G.10. PERFORMANCE OF WORK BY THE CONTRACTOR (FAR 52.236-1 APR 1984) 21

H. CLAUSES 22

I. LIST OF ATTACHMENTS 42

J. INSTRUCTIONS ON HOW TO SUBMIT A QUOTATION 43

J.1. SUBMITTAL OF ELECTRONIC PROPOSALS 43

J.2. SUBMISSION OF QUOTATIONS 44

J.3. 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) 47

J.4. LATE QUOTATIONS 47

J.5. 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 48

K. EVALUATION CRITERIA 49

K.1. EVALUATION OF PROPOSALS 49

L. REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS 52

L.1. AUTHORIZED CONTRACT ADMINISTRATOR 57

L.2. CONTRACTOR RECRUITMENT OF THIRD COUNTRY NATIONALS (TCNS) 57

L.3. CERTIFICATION 58

U.S. Embassy Brussels 19BE2026Q0005

SECTION A – PRICING

A. PRICING

A.1. SERVICES

The Contractor shall provide construction services necessary for the Rail Waterproofing Membrane Repair at the NEC, Cours Saint-Michel 40.

All work shall be performed in accordance with the specifications contained at Section I, List of Attachments, and all other documents incorporated into this contract. The Contractor is to perform the services in accordance with the terms and conditions of this contract/solicitation, and in strict conformance with the contract clauses and any special conditions contained herein.

A.2. TYPE OF CONTRACT

This is a firm fixed-price contract payable entirely in the currency indicated by the Contractor in Sub-Section A.4. No additional sums will be payable on account of any escalation in the cost of materials, equipment or labor, or because of the Contractor's failure to properly estimate or accurately predict the cost or difficulty of achieving the results required by this contract.

Nor will the contract price be adjusted on account of fluctuations in the 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 (see Sub-Section E.2, Excusable Delays), as determined and approved by the Contracting Officer.

A.3. CONTRACT CURRENCY

The contract will be EURO

A.4. CONTRACT PRICE

The Contractor shall complete all work (including furnishing all labor, material, equipment, and services) required under this contract for the following firm fixed-price and within the time specified herein. This price shall include all labor, services, materials, equipment, overhead, costs for insurance, costs of obtaining Irrevocable Letters of Credit, profit, travel, DBA Insurance, and any other costs required to perform and complete all construction services, in accordance with the Statement of Work (SOW), drawings, specifications, and all other contract terms and conditions stated within the contract.

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

A Price Proposal Breakdown sample is provided under Section I, Attachment 1 - Breakdown of Price Proposal. The Contractor shall complete the attachment with prices and ensure that the total amount matches that of the total firm fixed-price proposal in the offeror’s price proposal in Section A.4.1.

Insurance required by FAR 52.228-3, Workers’ Compensation Insurance (Defense Base Act), shall be part of the firm fixed-price. Any costs not priced will be included in overhead and other indirect costs.

U.S. Embassy Brussels 19BE2026Q0005

A.4.1. Total Contract Price The Offeror shall insert their total price proposal costs as follows:

A B C D E F

CLIN DESCRIPTION UNIT PRICE QUANTITY

TOTAL PRICE

(DxE) 0001 Site Mobilization & Safety Setup Flat € 1 €

0002 Controlled Asphalt & Base Removal m² € 600 €

0003 Subgrade Excavation & Remediation (1.5m) m³ € 900 €

0004 Premium Fully Bonded Infrastructure Waterproofing m² € 600 €

0005 Compacted High-Density Crushed Stone Base m² € 600 €

0006 Heavy-Duty Linear Drainage Channel (Class D400) lm € 110 €

0007 Premium Dual-Layer Modified Asphalt Paving m² € 600 €

0008 Wall Penetration Renewal & Sump Sizing Flat € 1 €

SUBTOTAL €

VAT €

TOTAL €

A.5. VALUE ADDED TAX

Value Added Tax (VAT) at a rate of 21% is applicable to this purchase and must be included in the line item rates on your invoice. The embassy will subsequently work with the Ministry of Finance (MINFIN) to obtain the VAT exempt form C151 for refund purposes.

A.6. ABBREVIATIONS

CLIN Contract Line Item Number CO Contracting Officer COR Contracting Officer's Representative NEC New Embassy Compound DOSAR Department of State Acquisition Regulations FAR Federal Acquisition Regulations ILOC Irrevocable Letter of Credit INL International Narcotics and Law Enforcement (US Department ofState) LNTP Limited Notice to Proceed

U.S. Embassy Brussels 19BE2026Q0005

SECTION B - STATEMENT OF WORK

B. STATEMENT OF WORK

B.1. PROJECT NAME AND LOCATION

The Contractor shall furnish and install all materials required by this contract for construction services in support of the Department of State's (DoS) Mission:

Project Id:

Rail Waterproofing Membrane Repair

Location:

Sint Michielswarande 40, 1040 Etterbeek

B.2. STATEMENT OF WORK

B.2.1. PROJECT OVERVIEW

The United States Government (USG), Department of State (DOS), Bureau of Overseas Buildings Operations (OBO) requires Construction Services for a drainage improvement project at Sint Michielswarande 60, 1040 Etterbeek, Belgium, the former ING banking headquarters. This Statement of Work (SOW) defines the services to be performed by the Contractor, hereafter referred to as the Contractor. Refer to section B.2.3 for project-specific programs.

B.2.2. Project Location and Description The project is located within the newly acquired property. The site is fully developed with two commercial office space structures, underground parking garage, public park, underground railways owned and operated by the local authorities and has an area of approximately 40,000 m2 (9.9 acres). The site is bounded along its perimeter by Rue De La Grande Haie and Rue Pere De Deken. The project will address recurring water infiltration issues affecting the underground railway tunnel structure located beneath the parking area at Pater de Dekenstraat, Brussels. Refer to Attachment 2 for project location.

The objective is to correct the drainage and waterproofing conditions contributing to recurring water infiltration into the underlying railway tunnel. Construction scope of work will encompass the slope regrading and repaving the northeast corner of the property above the existing railway tunnels including reconstruction of the subgrade, asphalt removal, drainage pipe replacement, waterproof sealing installation and surface inspection.

Additionally, the slope of the surface parking lot shall be re-graded towards the adjacent municipal stormwater drainage system. The contractor should plan to remediate area by excavating down to the pavement subgrade or residual soils (depth to be confirmed by on-site inspection and approved by COR) and replacement with structural fill.

B.2.3. Project Objective – Construction

The Contractor shall provide complete construction services, contract coordination, and supervision, including but not limited to the management, and construction necessary to meet the requirements of this contract within the established schedules. Construction documents shall be developed in accordance with the RFQ Contract Documents and referenced requirements. Construction shall be completed within the contract award amount, and construction shall be performed within the period of performance agreed upon with the winning contractor.

U.S. Embassy Brussels 19BE2026Q0005

The contractor must be a locally registered company with 10 years of applicable experience. The contractor must be an established business able to prove a record of successfully completing at least 5 construction projects of similar scope and scale to indicate a thorough understanding of OSHA, and local codes.

B.2.4. Limit of Design and Construction

Contractor shall work within the USG property line and as required outside the property line to complete the requirements of the contract. Contractor shall be responsible for coordination with local municipality and utility permit providers and costs related to connections to local services outside the USG property line. Work on property and outside the property line may include but is not limited to grading, drainage, temporary construction access, erosion control during construction and final stabilization. Repair of disturbed areas outside the USG property line shall meet or exceed the pre-contract condition.

B.2.5. Permits and License

Contractor is responsible for obtaining permits and associated fees (e.g., zoning, building approvals, utility, construction, and occupancy permits) and licenses required to execute the work.

B.2.6. Work By Others

The Contractor shall afford other entities reasonable opportunity for access to the site, introduction and storage of their materials and equipment, and performance of their activities, including USG workplace safety inspections.

B.2.7. Local Professionals

• Spoken English, particularly with respect to engineering technical language. Licensed or otherwise qualified professional services including, either on-staff or through contractual resources: PE (civil, structural).

• Demonstrated prior experience with host country codes, standards, and practices

• Demonstrated prior expertise with other host country project development and permitting authorities

• Demonstrated prior experience with local project(s) of comparable scope, scale, and quality of the required tasks

• Demonstrated ability to coordinate with local or U.S. professionals engaged under separate agreements to provide other services (e.g., boundary, topographical surveys, material, and methods testing, geotechnical investigations)

B.3. ADMINISTRATIVE SECURITY REQUIREMENTS

This SOW requires that the Contractor perform only unclassified work. The SOW does not require personnel with security clearances.

B.3.1. OBO PROJECT STANDARD REQUIREMENTS (OPSR) DOCUMENTS

The Contractor shall use the International Building Code and applicable local codes.

B.3.2. PROJECT SPECIFIC REQUIREMENTS

The Contractor shall use the project-specific documents described in B.2.3 for the execution of the Contract.

Reference: Attachment 2 Site Plan and Site Section Diagram

U.S. Embassy Brussels 19BE2026Q0005

B.4. TASKS AND DELIVERABLES

The Contractor shall develop a proposal with a work plan, technical report and planned details on construction execution as part of the Pre Award.

The contractor shall provide an executive summary, site description, existing conditions, assessment of impact on railway tunnel, root cause, proposed remedial works, schedule and breakdown of the costs as part of the Post Award.

B.4.1. PROJECT MANAGEMENT AND EXECUTION PLANS

The Contractor shall develop and maintain project management and execution plans.

The Contractor shall plan to work to match the regular working hours of the local commercial-residential area. Access roads to the property are not owned by the United States Government; therefore, it is essential the Contractor complies with local requirements. Contractors should coordinate with the COR for approval prior to planning to forgo some local or American holidays, extending work hours beyond local restrictions, and/or requesting to work weekends. Coordination of noisy/heavy construction activities with residents may be required to not impede construction activities.

B.4.2. MEETINGS

The Contractor shall participate in the post-RFQ Award project partnering. The USG believes that the performance of this project will be enhanced by the creation and implementation of partnering. 10 days after contract award, the USG project team lead by the CO and COR and the contractor’s project team will begin talks to develop and formalize a mutually agreed formal process for developing a collaborative environment for the project so that trust, communication, and cooperation are the norm.

B.4.3. DATA COLLECTION

The Contractor shall use image data capture (photography) for the documentation of the contract. The contractor shall be required to provide photographs of existing conditions before construction, during concealed/subsurface work, and after completion. This will be particularly useful for excavation, waterproofing, drainage installation, and closeout.

B.4.4. ASSESSMENTS AND SURVEYS

• Existing Documents Assessment - The Contractor shall review Attachment 1 of the existing project area.

• Close-Out Documents - Contractor shall generate As-Constructed Document that provides the USG with completed work including a report and images. The USG shall be the exclusive owner of this documentation.

B.4.5. DESIGN DELIVERABLES AND SCHEDULE

The Contractor shall deliver the scope items in accordance with the following schedule milestones. The days indicated are calendar days. Dates are maximum, not to exceed (NTE) beyond the notice to proceed (NTP).

Deliverable Types are Meetings, Digital, Hard Copy, or other identified Media Methods.

ACTION DESCRIPTION TYPE AND METHOD DAYS

RECEIVE Report Digital Platform or email 10 EVALUATE Evaluations of the Report Digital Platform or email 5 MEET Resolution Meeting Unclassified (Virtual) 2

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SECTION C - PACKAGING AND MARKING

C. PACKAGING AND MARKING - reserved

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SECTION D - INSPECTION AND ACCEPTANCE

D. INSPECTION AND ACCEPTANCE

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

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

D.1. SUBSTANTIAL COMPLETION

(a) "Substantial Completion" means the stage in the progress of the work as determined and certified by the Contracting Officer in writing to the Contractor, on which the work (or a portion designated by the Government) is sufficiently complete and satisfactory. Substantial completion means that the property may be occupied or used for the purpose for which it is intended, and only minor items such as touch-up, adjustments, and minor replacements or installations remain to be completed or corrected which:

(1) do not interfere with the intended occupancy or utilization of the work, and

(2) can be completed or corrected within the time period required for final completion.

(b) The "date of substantial completion" means the date determined by the Contracting Officer or authorized Government representative as of which substantial completion of the work has been achieved.

Use and Possession upon Substantial Completion - The Government shall have the right to take possession of and use the work upon substantial completion. Upon notice by the Contractor that the work is substantially complete (a Request for Substantial Completion) and an inspection by the Contracting Officer or an authorized Government representative (including any required tests), the Contracting Officer shall furnish the Contractor a Certificate of Substantial Completion. The certificate will be accompanied by a Schedule of Defects listing items of work remaining to be performed, completed, or corrected before final completion and acceptance. Failure of the Contracting Officer to list any item of work shall not relieve the Contractor of responsibility for complying with the terms of the contract.

The Government's possession or use upon substantial completion shall not be deemed an acceptance of any work under the contract.

D.2. FINAL COMPLETION AND ACCEPTANCE

D.2.1. "Final completion and acceptance" means the stage in the progress of the work as determined by the Contracting Officer and confirmed in writing to the Contractor, at which all work required under the contract has been completed in a satisfactory manner, subject to the discovery of defects after final completion, and except for items specifically excluded in the notice of final acceptance.

D.2.2. The "date of final completion and acceptance" means the date determined by the Contracting Officer when final completion of the work has been achieved, as indicated by written notice to the Contractor.

U.S. Embassy Brussels 19BE2026Q0005

D.2.3. Final Inspection and Tests. The Contractor shall give the Contracting Officer at least five (5) days advance written notice of the date when the work will be fully completed and ready for final inspection and tests. Final inspection and tests will be started not later than the date specified in the notice unless the Contracting Officer determines that the work is not ready for final inspection and so informs the Contractor.

D.2.4. Final Acceptance. If the Contracting Officer is satisfied that the work under the contract is complete (with the exception of continuing obligations), the Contracting Officer shall issue to the Contractor a notice of final acceptance and make final payment upon:

• Satisfactory completion of all required tests,

• A final inspection that all items by the Contracting Officer listed in the Schedule of Defects have been completed or corrected and that the work is finally complete (subject to the discovery of defects after final completion), and

• Submittal by the Contractor of all documents and other items required upon completion of the work, including a final request for payment (Request for Final Acceptance).

U.S. Embassy Brussels 19BE2026Q0005

SECTION E - DELIVERIES AND PERFORMANCE

E. DELIVERIES AND PERFORMANCE

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to:

• commence work under this contract within 31 calendar days after the date the Contractor receives the notice to proceed,

• prosecute the work diligently, and,

• complete the entire work ready for use not later than insert 60 calendar after NTP.

The time stated for completion shall include final cleanup of the premises.

52.211-12 LIQUIDATED DAMAGES - CONSTRUCTION (SEPT 2000)

If the Contractor fails to complete the work within the time specified in the contract, or any extension, the Contractor shall pay liquidated damages to the Government in the amount of 0 USD amount for each calendar day of delay until the work is completed or accepted.

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

E.1. CONTRACTOR'S SUBMISSION OF CONSTRUCTION SCHEDULES

(a) The time for submission of the schedules referenced in FAR 52.236-15, "Schedules for Construction Contracts", paragraph (a), is hereby modified to reflect the due date for submission as "20 calendar days after receipt of an executed contract".

(b) These schedules shall include the time by which shop drawings, product data, samples and other submittals required by the contract will be submitted for approval.

(c) The Contractor shall revise such schedules (1) to account for the actual progress of the work, (2) to reflect approved adjustments in the performance schedule, and (3) as required by the Contracting Officer to achieve coordination with work by the Government and any separate contractors used by the Government. The Contractor shall submit a schedule, which sequences work so as to minimize disruption at the job site.

(d) All deliverables shall be in the English language and any system of dimensions (English or metric) shown shall be consistent with that used in the contract. No extension of time shall be allowed due to delay by the Government in approving such deliverables if the Contractor has failed to act promptly and responsively in submitting its deliverables. The Contractor shall identify each deliverable as required by the contract.

(e) Acceptance of Schedule: When the Government has accepted any time schedule; it shall be binding upon the Contractor. The completion date is fixed and may be extended only by a written contract modification signed by the Contracting Officer. Acceptance or approval of any schedule or revision thereof by the Government shall not:

(1) Extend the completion date or obligate the Government to do so,

(2) Constitute acceptance or approval of any delay, or

U.S. Embassy Brussels 19BE2026Q0005

(3) Excuse the Contractor from or relieve the Contractor of its obligation to maintain the progress of the work and achieve final completion by the established completion date.

E.2. NOTICE OF DELAY

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

E.3. NOTICE TO PROCEED

(a) After receiving and accepting any bonds or evidence of insurance, the Contracting Officer will provide the

Contractor a Notice to Proceed. The Contractor must then prosecute the work, commencing and completing performance not later than the time period established in the contract.

(b) It is possible that the Contracting Officer may elect to issue the Notice to Proceed before receipt and acceptance of any bonds or evidence of insurance. Issuance of a Notice to Proceed by the Government before receipt of the required bonds or insurance certificates or policies shall not be a waiver of the requirement to furnish these documents.

E.4. WORKING HOURS

ll work shall be performed during 7.00am to 10.00pm Monday to Friday. Other hours, if requested by the Contractor, may be approved by the Contracting Officer's Representative (COR). The Contractor shall give 24 hours in advance to COR who will consider any deviation from the hours identified above. Changes in work hours, initiated by the Contractor, will not be a cause for a price increase.

E.5. PRECONSTRUCTION CONFERENCE

A preconstruction conference will be held 10 days after contract award at Sint Michielswarande 40, 1040 Etterbeek to discuss the schedule, submittals, notice to proceed, mobilization and other important issues that effect construction progress. See FAR 52.236-26, Preconstruction Conference.

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

Description Qty Deliver Date Deliver To Section G. Securities/Insurance 1 10 days after award CO Section E. Construction Schedule 1 10 days after award COR Section E. Preconstruction Conference 1 10 days after award COR Section G. Personnel Biographies 1 10 days after award COR

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

Section D. Request for Substantial Completion 1 15 days before inspection COR Section D. Request for Final Acceptance 1 5 days before inspection COR

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SECTION F – CONTRACT ADMINISTRATION DATA

F. CONTRACT ADMINISTRATION DATA

F.1. AUTHORITY OF CONTRACTING OFFICER

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

F.2. 652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)

The Contracting Officer may designate in writing one or more Government employees, by name or position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer’s Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated;

provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer, and this authority is delegated in the designation.

The COR for this contract is the Facility Maintenance Supervisor

F.3. CONTRACT ADMINISTRATION DATA

This contract will be administered as follows:

Primary Contracting Officer (CO):

• Name: Darren Jackson

• Position: Contracting Officer, Brussels

• Location: American Embassy Brussels

• Address: Regentlaan 25-27 Boulevard du Régent - 1000 Brussels - Belgium

• Email: BrusselsBids@state.gov

Contract Administrator:

• Name: Michael Abrahams

• Position: Contract Specialist, Brussels

• Location: American Embassy Brussels

• Address: Regentlaan 25-27 Boulevard du Régent - 1000 Brussels - Belgium

• Email: BrusselsBids@state.gov

Designated Contracting Officer's Representative (COR):

• Name: TBD at Award

• Position: TBD at Award

• Location: TBD at Award

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• Address: TBD at Award

• Email: TBD at Award

F.4. PAYMENT

The Contractor's attention is directed to Section H, 52.232-5, "Payments Under Fixed-Price Construction Contracts".

The following elaborates on the information contained in that clause.

Requests for payment, may be made no more frequently than monthly. Payment requests shall cover the value of labor and materials completed and in place, including a prorated portion of overhead and profit.

After receipt of the Contractor's request for payment, and on the basis of an inspection of the work, the Contracting Officer shall make a determination as to the amount, which is then due. If the Contracting Officer does not approve payment of the full amount applied for, less the retainage allowed by in 52.232-5, the Contracting Officer shall advise the Contractor as to the reasons.

Under the authority of 52.232-27(a), the 14 day period identified in FAR 52.232-27(a)(1)(i)(A) is hereby changed to 30 days.

BruFMCaccountsProc@state.gov U.S. Embassy Brussels Regentlaan 25-27 Boulevard du Régent 1000 Brussels - Belgium

The Contractor shall show Value Added Tax (VAT) as a separate item on invoices submitted for payment.

mailto:BruFMCaccountsProc@state.gov

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SECTION G - SPECIAL TERMS AND CONDITIONS

G. SPECIAL TERMS AND CONDITIONS

G.1. PERFORMANCE/PAYMENT PROTECTION

The Contractor shall furnish some form of payment protection as described in 52.228-13 in the amount of 0% of the contract price.

G.1.1. The Contractor shall provide the information required by the paragraph above within ten (10) calendar days after award. Failure to timely submit the required security may result in rescinding or termination of the contract by the Government. If the contract is terminated, the Contractor will be liable for those costs as described in FAR 52.249-10, Default (Fixed-Price Construction), which is included in this purchase order.

G.1.2. The bonds or alternate performance security shall guarantee the Contractor's execution and completion of the work within the contract time. This security shall also guarantee the correction of any defects after completion, the payment of all wages and other amounts payable by the Contractor under its subcontracts or for labor and materials, and the satisfaction or removal of any liens or encumbrances placed on the work.

G.1.3. The required securities shall remain in effect in the full amount required until final acceptance of the project by the Government. Upon final acceptance, the penal sum of the performance security shall be reduced to 10% of the contract price. The security shall remain in effect for one year after the date of final completion and acceptance, and the Contractor shall pay any premium required for the entire period of coverage.

G.2. INSURANCE

The Contractor is required by FAR 52.228-5, "Insurance - Work on a Government Installation" to provide whatever insurance is legally necessary. The Contractor shall at its own expense provide and maintain during the entire performance period the following insurance amounts:

G.2.1. General Liability (includes premises/operations, collapse hazard, products, completed operations, contractual, independent contractors, broad form property damage, personal injury):

(1) Bodily Injury, On or Off the Site, in U.S. Dollars

Per Occurrence as per local law

Cumulative as per local law

(2) Property Damage, On or Off the Site, in U.S. Dollars

Per Occurrence as per local law

Cumulative as per local law

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G.2.2. The foregoing types and amounts of insurance are the minimums required. The Contractor shall obtain any other types of insurance required by local law or that are ordinarily or customarily obtained in the location of the work. The limit of such insurance shall be as provided by law or sufficient to meet normal and customary claims.

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

G.2.4. The Contractor shall obtain adequate insurance for damage to, or theft of, materials and equipment in insurance coverage for loose transit to the site or in storage on or off the site.

G.2.5. The general liability policy required of the Contractor shall name "the United States of America, acting by and through the Department of State", as an additional insured with respect to operations performed under this contract.

G.3. DOCUMENT DESCRIPTIONS

G.3.1. Supplemental Documents: The Contracting Officer shall furnish from time to time such detailed drawings and other information as is considered necessary, in the opinion of the Contracting Officer, to interpret, clarify, supplement, or correct inconsistencies, errors or omissions in the Contract documents, or to describe minor changes in the work not involving an increase in the contract price or extension of the contract time. The Contractor shall comply with the requirements of the supplemental documents, and unless prompt objection is made by the Contractor within 20 days, their issuance shall not provide for any claim for an increase in the Contract price or an extension of contract time.

G.3.1.1.Record Documents. The Contractor shall maintain at the project site:

• a current marked set of Contract drawings and specifications indicating all interpretations and clarification, contract modifications, change orders, or any other departure from the contract requirements approved by the Contracting Officer; and,

• a complete set of record shop drawings, product data, samples and other submittals as approved by the Contracting Officer.

G.3.1.2 . "As-Built" Documents: After final completion of the work, but before final acceptance thereof, the Contractor shall provide:

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

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

G.4. LAWS AND REGULATIONS

The Contractor shall, without additional expense to the Government, be responsible for complying with all laws, codes, ordinances, and regulations applicable to the performance of the work, including those of the host country, and with the lawful orders of any governmental authority having jurisdiction. Host country authorities may not enter the construction site without the permission of the Contracting Officer. Unless otherwise directed by the Contracting Officer, the Contractor shall comply with the more stringent of the requirements of such laws, regulations, and orders and of the contract. In the event of a conflict between the contract and such laws, regulations and orders, the

U.S. Embassy Brussels 19BE2026Q0005

Contractor shall promptly advise the Contracting Officer of the conflict and of the Contractor's proposed course of action for resolution by the Contracting Officer.

G.4.1. The Contractor shall comply with all local labor laws, regulations, customs, and practices pertaining to labor, safety, and similar matters, to the extent that such compliance is not inconsistent with the requirements of this contract.

G.4.2. The Contractor shall give written assurance to the Contracting Officer that all subcontractors and others performing work on or for the project have obtained all requisite licenses and permits.

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

G.5. CONSTRUCTION PERSONEL

The Contractor shall maintain discipline at the site and at all times take all reasonable precautions to prevent any unlawful, riotous, or disorderly conduct by or among those employed at the site. The Contractor shall ensure the preservation of peace and protection of persons and property in the neighborhood of the project against such action.

The Contracting Officer may require, in writing that the Contractor remove from the work any employee that the Contracting Officer deems incompetent, careless, insubordinate or otherwise objectionable, or whose continued employment on the project is deemed by the Contracting Officer to be contrary to the Government's interests.

G.5.1. If the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately give notice, including all relevant information, to the Contracting Officer.

G.5.2. After award, the Contractor has ten calendar days to submit to the Contracting Officer a list of workers and supervisors assigned to this project for the Government to conduct all necessary security checks. It is anticipated that security checks will take 5 days to perform. For each individual, the list shall include:

• Full Name

• Place and Date of Birth

• Current Address

• Identification number

Failure to provide any of the above information may be considered grounds for rejection and/or resubmittal of the application. Once the Government has completed the security screening and approved the applicants a badge will be provided to the individual for access to the site. This badge may be revoked at any time due to the falsification of data, or misconduct on site.

G.5.3. The Contractor shall provide an English speaking supervisor on site at all times. This position is considered as key personnel under this purchase order.

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G.6. MATERIALS AND EQUIPMENT

All materials and equipment incorporated into the work shall be new and for the purpose intended, unless otherwise specified. All workmanship shall be of good quality and performed in a skillful manner that will withstand inspection by the Contracting Officer.

G.7. SPECIAL WARRANTIES

G.7.1. Any special warranties that may be required under the contract shall be subject to the stipulations set forth in 52.246-21, "Warranty of Construction", as long as they are not in conflict.

G.7.2. The Contractor shall obtain and furnish to the Government all information required to make any subcontractor's, manufacturer's, or supplier's guarantee or warranty legally binding and effective. The Contractor shall submit both the information and the guarantee or warranty to the Government in sufficient time to permit the Government to meet any time limit specified in the guarantee or warranty, but not later than completion and acceptance of all work under this contract.

G.8. EQUITABLE ADJUSTMENTS

Any circumstance for which the contract provides an equitable adjustment that causes a change within the meaning of paragraph (a) of the "Changes" clause shall be treated as a change under that clause; provided, that the Contractor gives the Contracting Officer prompt written notice (within 20 days) stating:

• the date, circumstances, and applicable contract clause authorizing an equitable adjustment and

• that the Contractor regards the event as a changed condition for which an equitable adjustment is allowed under the contract

• The Contractor shall provide written notice of a differing site condition within 10 calendar days of occurrence following FAR 52.236-2, Differing Site Conditions.

G.9. ZONING APPROVALS AND PERMITS

The Government shall be responsible for:

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

• obtaining the approval of the Contracting Drawings and Specifications

• paying fees due for the foregoing; and,

• for obtaining and paying for the initial building permits.

G.10. PERFORMANCE OF WORK BY THE CONTRACTOR (FAR 52.236-1 APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 30% of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

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SECTION H - CLAUSES

H. CLAUSES

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://acquisition.gov

[Insert one or more Internet addresses]

(End of clause)

Clause Title Fill-ins

2.202-1 Definitions (Jun 2020)

52.203-6 Alt I Restrictions on Subcontractor Sales to the Government (Jun 2020) - AlternateI (Nov 2021)

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements orStatements (Jan 2017)

52.204-13 System for Award Management-Maintenance (DEVIATION JAN 2026)

52.209-6 Protecting the Government's Interest When Subcontracting with ContractorsDebarred, Suspended, Proposed for Debarment, or Voluntarily Excluded(DEVIATION JAN 2026)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters(DEVIATION JAN 2026)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations(DEVIATION JAN 2026)

52.222-19 Child Labor-Cooperation with Authorities and Remedies (Mar 2026)

52.226-8 Encouraging Contractor Policies To Ban Text Messaging While Driving(May 2024)

52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct2018)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar2023)

52.233-3 Protest after Award (DEVIATION JAN 2026)

52.233-4 Applicable Law for Breach of Contract Claim (DEVIATION JAN 2026)

52.236-2 Differing Site Conditions (DEVIATION JUL 2025)

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52.236-3 Site Investigation and Conditions Affecting the Work (DEVIATION

JUL2025)

52.236-5 Material and Workmanship (DEVIATION JUL 2025)

52.236-6 Superintendence by the Contractor (DEVIATION JUL 2025)

52.236-7 Permits and Responsibilities (DEVIATION JUL 2025)

52.236-8 Other Contracts (DEVIATION JUL 2025)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (DEVIATION JUL 2025)

52.236-10 Operations and Storage Areas (DEVIATION JUL 2025)

52.236-11 Use and Possession Prior to Completion (DEVIATION JUL 2025)

52.236-12 Cleaning Up (DEVIATION JUL 2025)

52.236-21 Specifications and Drawings for Construction (DEVIATION JUL 2025)

52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels

(DEVIATION FEB 2026)

652.204-70 DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARDPOLICY

AND PROCEDURES (JAN 2026)

52.212-4 Terms and Conditions—Commercial Products and Commercial Services. (DEVIATION

JAN 2026)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Discount. In connection with any discount…