19BY7024Q0011-RFQ.pdf

TABLE OF CONTENTS

SF-1442 COVER SHEET

A. PRICING

B. STATEMENT OF WORK

C. PACKAGING AND MARKING

D. INSPECTION AND ACCEPTANCE

E. DELIVERIES AND PERFORMANCE

F. CONTRACT ADMINISTRATION DATA

G. SPECIAL TERMS AND CONDITIONS

H. CLAUSES

I. LIST OF ATTACHMENTS

Attachment 1: Sample Letter of Bank Guaranty

Attachment 2: Breakdown of Price by Divisions of Specifications Attachment 3: Drawings

J. INSTRUCTIONS ON HOW TO SUBMIT A QUOTATION

K. EVALUATION CRITERIA

L. REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS

SECTION A - PRICING

A. PRICE

The Contractor shall complete all work, including furnishing all labor, material, equipment, and services required under this purchase order for the following firm fixed price and within the time specified. This price shall include all labor, materials, all insurances, overhead and profit.

Total Price (including all labor, materials, overhead and profit)

Value Added Tax (if applicable)

Defense Base Act Insurance (DBA)

TOTAL PRICE

A.1 VALUE ADDED TAX

The Contractor shall include VAT as a separate charge on the Invoice and as a separate line item in Section B.

SECTION B - STATEMENT OF WORK

DESCRIPTION OF WORK

Work under this contract includes identifying and remediating through precision saw cutting sidewalk, walkway path and steps trip hazards at US Embassy Bujumbura, Burundi address 50 Avenue des Etats Unis Kigobe Sud. The contractor shall be responsible for providing all materials, labor, supervision, equipment and travel necessary to remediate approximately 16 tripping hazards along the concrete sidewalks and curbs of the areas, two (2) concrete steps and pathways in designated compound sitting area.

The work shall include:

• Remediate sidewalks trip hazard at 16 points.

• Repair concrete walkways and Paths – three (3) areas.

• Repair Concrete Walkways and Steps – two (2) areas.

• Repair concrete corners – Sand and Ballast space, two (2) areas.

UTILITIES

The Embassy will provide to the Contractor with cold water supply and 220Vac single phase electrical power supply at the work site. Electrical power and water will be provided at no cost to the Contractor during the work period. Both shall be utilized solely for the contracted work.

QUALITY CONTROL

A site supervisor that has a basic knowledge of English must be always present during work on site.

Materials shall be stored in such a way that they are not damaged.

The Site supervisor shall ensure all materials and equipment are not damaged prior to or during installation.

A joint final inspection will be held with the contractor and COR to inspect the quality of the finished works.

SAFETY

The contractor is responsible for taking all necessary safety measures to protect the public including providing/installing protective screens, safety barriers, and signs to redirect vehicle or pedestrian traffic, etc.… during the work performance.

The contractor is responsible to ensure that his/her personnel wear the correct Personal Protective Equipment (PPE) for the work performed. The contractor is also responsible to provide workers who have been trained to safely use/operate all tools and equipment used in the work.

Activity Hazard Analyses (AHA) shall be completed for all potentially hazardous works.

Such works include, but are not limited to, the work requiring special emphasis on safety planning. There are no special safety concerns associated with this work.

The contractor assumes absolute responsibility and liability for any and all personal injuries or death and/or property damage or losses suffered due to negligence of the contractor's personnel in the performance of the services required under this contract. The contractor's assumption of absolute liability is independent of any insurance policies.

GOVERNMENT FURNISHED MATERIALS (GFM)

The government shall not furnish any item to the contractor for this project.

CONTRACTOR-FURNISHED ITEMS

The Contractor shall furnish all necessary supervision, personnel, equipment, transportation, materials, and incidentals required to complete the contract requirements.

SCHEDULE

The normal U.S Embassy business hours are 0730h to 1715h local (Bujumbura) time, Monday through Thursday, and 0730h to 1230h local (Bujumbura) time, on Fridays. The contractor shall work only within normal business hours unless approval is given by the COR (work required to be done out of hours in the SOW does not require approval). The contractor may request to work out of normal business hours, but that request must be made to the COR at least 3 working days prior to the requested date. Work Required to be done Out of Normal Business Hours is not applicable.

The Contractor shall submit a work schedule, setting forth date, time, contents of work, personnel, and timeline to completion for approval by the Contracting Officer’s Representative (COR). No work on site shall commence without the COR’s approval.

The Contractor shall start work on site when all materials are on site and shall work diligently to complete the work once it has started (i.e., no large breaks in work).

SECURITY

A list of all personnel working on the project along with national ID shall be submitted to the embassy at least 5 working days prior to the actual starting date of the proje ct.

While on Embassy property, all personnel must be always escorted. Any personnel found unescorted will be removed from the project.

Job site personnel will be issued a visitor’s badge by the Security staff and this badge must be always worn and returned upon completion of work every day.

GENERAL

No concrete panels shall be removed and/or replaced without prior written confirmation from the contracting officer.

Contractor is responsible for taking accurate field measurements for all required materials.

Demolished materials, unless specified herein, shall be removed from site by the contractor and disposed of in approved disposal sites per all applicable local and federal rules and regulations.

CHANGES TO MATERIAL REQUIREMENTS

Any proposed changes by the Contractor to the specified materials shall be submitted in writing to the Contracting Officer along with detailed information about the material, the justification for the proposed change.

All work for the preparation, cutting, and removal of debris shall be done prior to opening to the public, or if done during operation hours, provide for all walkways to remain open to the public.

In general, all trip hazards shall be remediated to a slope of 1:8 or 1:12 in the case of designated accessible ramps. All concrete debris shall be removed from the site and recycled to the greatest extent possible.

REMEDIATE SIDEWALKS TRIP HAZARD AT 16 POINTS

Preparation

Contractor shall identify and mark all trip hazard locations utilizing the provided maps of repair locations. Trip hazards are defined as areas with ¼ IN or greater difference in level between adjacent walking surfaces or curbs. The park has identified approximately 54 areas to be remediated through precision saw cutting.

Saw Cutting of Trip Hazards on Sidewalks and Curbs

All identified areas shall be saw cut (grinding shall NOT be permitted) to provide for a smooth, safe transition between concrete slabs/panels/curbs.

After repairs, there will be zero differential between the adjacent walking surfaces and the repaired areas.

Repair areas shall be uniform in appearance, with repairs effective for the full width and length of the concrete panel/slab or curb.

Slopes over the course of the repair shall not exceed 1:8. For designated accessible ramps, slopes shall not exceed 1:12.

All concrete shall be collected of and disposed of in an appropriate manner.

Dust generated during the remediation process shall be minimized to the greatest extent possible utilizing a dust abatement system.

Where saw cutting is not possible, contractor shall mark and provide an inventory to the Contracting Officer and Representative.

Repair Concrete Walkways and Steps – NOB and Warehouse

Remove the loose concrete - Remove any damaged or crumbling concrete. Use a small sledgehammer and chisel to undercut the edges of the damaged area as shown here.

Clean the concrete - Clean the area in and around the damage with a wire brush and broom. Then wash the area with a concrete cleaner and a stream of water.

Position the concrete Patch form - Use a wooden board as a form by securing it against the side of the area you intend to repair. Place bricks or other heavy objects against the board to hold it in place. The top of the form should be flush with the desired height of the edge. The form will give you a guide for smoothing the patch.

Mix the concrete crack Sealer - Mix vinyl patching compound as directed by the manufacturer and trowel the compound into the area to be repaired. Tamp the mixture to remove air pockets. If you use patching mortar instead of vinyl patching compound, either mix it with a bonding agent instead of water or coat the edges of the surface to be repaired with a bonding agent.

Smooth the Concrete Patch - Smooth the mixture with the trowel, using the top of the form as a guide.

Finish the Patch - When the patch has set (contractor shall use manufacturer's instructions for the patch compound they will be using), remove the form and smooth or brush the surface of the patch as necessary to match the surrounding concrete. Keep off the patched area until it's had time to cure according to the manufacturer's instructions.

Repair Concrete Corners – parking area sand and ballast temporal storage space.

Clean the Concrete - Remove any loose or damaged concrete from the area to be repaired. Clean the area with a wire brush and broom. Wash the area with a stream of water.

Create a Concrete Repair Form -Use two pieces of wood as a form by first securing them to each other to form a corner and then placing them against the corner you intend to repair. Use bricks and wooden braces to hold the form in place. The top of the form should be flush with the desired height of the finished corner. This form will give you a guide for smoothing the patch.

repare and Apply the Concrete Patch - Mix vinyl patching compound as directed by the manufacturer and trowel the compound into the area to be repaired. Tamp the mixture to remove any air pockets. If you use patching mortar instead of vinyl patching compound, either mix it with a bonding agent instead of water or coat the edges of the surface to be repaired with a bonding agent.

Smooth the Patch - Smooth the mixture with the trowel, using the top of the form as a guide.

Finish the Patch -When the patch has set (see the manufacturer's instructions), remove the form and smooth or brush the surface of the patch as necessary to match the surrounding concrete.

Keep off the patched area until it's had time to cure according to the manufacturer's instructions.

Repair Concrete Walkways and Patio Slabs (Pre-cast concrete) – Public sitting areas outside NOB and recreation area and general chancery area.

Repair concrete walkways and replace the broken patio slabs.

Clean and calk/seal pavers in all areas where the seal/caulk is damaged or deteriorated. Cleaning and sealing/caulking Procedure:

First the contractor shall prepare the surface by thoroughly cleaning the pavers. Remove any dirt, stains, or debris using a power washer or appropriate cleaning solution to ensures that the sealant can bond properly with the surface and provides a clean slate for application.

Next, the contractor shall allow sufficient drying time before applying the sealant, the pavers should be completely dry to avoid trapping moisture beneath the sealant. Depending on weather conditions, this may take a few hours or up to a day.

Contractor shall apply the sealant by selecting an appropriate sealant product based on specific requirements and preferences and follow the manufacturer’s instructions regarding application methods, tools, and coverage rates. The sealant will be inspected and approved by the COR before usage.

While applying the sealant, the contractor shall ensure full coverage by working in small sections at a time. Contractor must apply consistent thickness throughout to achieve optimal protection and appearance and avoid over-application as it may lead to unsightly sheen or puddling.

Once contractor has finished applying the sealant, allow ample drying time before exposing it to foot traffic or other elements. The drying time will vary depending on factors like temperature and humidity levels. The contractor shall refer to the manufacturer’s guidelines for specific recommendations.

Contractor shall apply a second coat of sealant, if necessary, in some cases, especially if there is a desire to enhance protection or durability. The contractor shall consult with the manufacturer or a professional for guidance on whether a second coat is recommended and how to apply it correctly.

The contractor will be responsible for providing the new patio slabs for replacement.

The patio slabs shall be L x W x H = 11.5"x11.5" x 2" in size at the public sitting areas shown in Diagram 1in section PART 5.

Installation Steps for replacement patio slabs or pavers:

Remove existing broken patio slabs or pavers.

Excavate Sub-Grade Layer “Site Stripping" - The marked-out worksite is excavated to a depth that reaches the sub-soil, clay, or bedrock beneath the surface and at a depth that is deep enough to accommodate the minimum combined thicknesses of the sub-base (4"+), bedding (2"+), leveling (1"+) and slab (1"+) from the ground surface. By excavating to the sub-soil, clay, or bedrock, you have reached the sub-grade.

Install Sub-Base Layer - The sub-base will be made of gravel or limestone 3/4"-down material.

3/4"-down refers to material that is made up of aggregate 3/4" in diameter and smaller - all the way to sand or dust. It is important to use this type of material to ensure that all the voids between the larger diameter stones will be filled by the smaller diameter material.

Installing the bedding Layer - The next step is to overlay the sub-base with the "Bedding" layer.

The bedding layer will consist of a construction sand but there would be no issue in using the finer leveling sand for the bedding layer. The contractor shall use bedding layer to fill any remaining rough voids in the top surface of the sub-base and to form a much smoother site level of the surface prior to installing the actual concrete slabs.

Installing the levelling Layer – Contractor shall use this layer in lockstep to the actual placing of individual concrete slabs. In other words, the leveling sand should be poured and leveled in small sections - not much larger in size than the immediate slab being installed.

Installing the patio slab - When installing sidewalk slabs adjacent to each other, contractor shall make sure to leave a narrow gap between the slabs. By using the SlabSetters, a 3/16" gap is automatically created as the shaft of the SlabSetters tool has a diameter of 3/16". This gap will later be filled with "Jointing" material.

Installing the joining material - Once all the slabs have been installed precisely to the project's desired results, the contractor will install the "Jointing" material between all the gaps that exist between all the installed slabs. The Jointing material ensures that the slabs lock together to prevent horizontal shifting. Also, the Jointing protects the slabs from rubbing against each other which could damage the slabs in the form of edge chipping or even cracking. The most effective material is a fine sand.

To speed up the settlement process, the contractor can spray water lightly over the slabs after the first round of Jointing is completed. Note - DO NOT aggressively spray water directly at the gaps that have just been filled. This will force the fresh and lose Jointing material to be excavated out of the gaps - thus forcing a refill of the gaps with more Jointing sand.

CLEANUP

Prior to vacating the site, all garbage/refuse, unused materials shall be removed and disposed of in an appropriate manner offsite.

Any damage to Embassy property (vegetation, turf, gravel road) shall be repaired to the satisfaction of the Contracting Officers Representative and Contracting Officer.

SECTION C - PACKAGING AND MARKING

Not Applicable.

SECTION D - INSPECTION AND ACCEPTANCE

The contracting officer representative (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.

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).

SECTION E - DELIVERIES AND PERFORMANCE

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

The Contractor shall be required to:

(a) commence work under this contract within _____5____calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and,

(c) complete the entire work ready for use not later than _____30__ days after NTP.

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

52.211-12 LIQUIDATED DAMAGES - CONSTRUCTION (SEPT 2000)

(a) 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 $30 for each calendar day of delay until the work is completed or accepted.

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

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 5 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

(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.

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.

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.

WORKING HOURS

All work shall be performed during Monday to Thursday; 730 to 1715 local (Bujumbura) time and Friday from 730 to 1230 local (Bujumbura) time. 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.

PRECONSTRUCTION CONFERENCE

A preconstruction conference will be held 10 days after contract award at US Embassy Bujumbura Office (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 Quantity 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

SECTION F – CONTRACT ADMINISTRATION DATA

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 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.

(b) The COR for this contract is Isaac K. Andebe, Electrical Engineer Supervisor

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.

U.S. EMBASSY BUJUMBURA

ATTN: FINANCIAL MANAGEMENT OFFICER

50, AVENUE DES ETATS-UNIS

BP.1720, BUJUMBURA BURUNDI

BujumburaFMOVoucher@state.gov

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

mailto:BujumburaFMOVoucher@state.gov

SECTION G - SPECIAL TERMS AND CONDITIONS

G.1.0 PERFORMANCE/PAYMENT PROTECTION - The Contractor shall furnish some form of payment protection as described in 52.228-13 in the amount of 50% 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.2.0 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 required by local law

Cumulative As required by local law

(2) PROPERTY DAMAGE, ON OR OFF THE SITE, IN U.S. DOLLARS

Per Occurrence As required by local law

Cumulative As required by local law

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.3.0 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:

(1) 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,

(2) 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:

(1) 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,

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

G.4.0 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 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.5.0 CONSTRUCTION PERSONNEL - 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.

G.6.0 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.7.0 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.8.0 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:

(a) the date, circumstances, and applicable contract clause authorizing an equitable adjustment and

(b) 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.9.0 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.

SECTION 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. In addition, the full text of a clause may be accessed electronically at: Acquisition.gov this address is subject to change.

If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use the Department of State Acquisition website at e-CFR to see the links to the FAR. You may also use an Internet “search engine” (for example, Google, Yahoo or Excite) to obtain the latest location of the most current FAR.

THE FOLLOWING FEDERAL ACQUISITION REGULATION CLAUSE(S) IS/ARE

INCORPORATED BY REFERENCE (48 CFR CH. 1):

CLAUSE TITLE AND DATE

52.202-1 DEFINITIONS (JUN 2020)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

(JAN 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS (JUN 2020)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT

2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

(AUG 2020)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED

OR PROPOSED FOR DEBARMENT (NOV 2021)

52.216-7 ALLOWABLE COST AND PAYMENT (AUG 2018)

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

https://acquisition.gov/browse/index/far https://gov.ecfr.io/cgi-bin/text-idx?SID=d9a7851186785ba2b1896db79b1b6b29&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl

52.222-19 CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES

(NOV 2023)

52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING

WHILE DRIVING (JUN 2020)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021)

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION

OF CONTRACT (FEB 2000)

52.228-3 WORKERS’ COMPENSATION INSURANCE (DEFENSE BASE ACT)

52.228-4 WORKERS’ COMPENSATION AND WAR-HAZARD INSURANCE

OVERSEAS (APR 1984)

52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.228-11 PLEDGES OF ASSETS (FEB 2021)

52.228-13 ALTERNATIVE PAYMENT PROTECTION (JULY 2000)

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

52.228-15 PERFORMANCE AND PAYMENT BONDS-CONSTRUCTION (JUN 2020)

52.229-6 TAXES - FOREIGN FIXED-PRICE CONTRACTS (FEB 2013)

52.229-7 TAXES- FIXED PRICE CONTRACTS WITH FOREIGN GOVERNMENTS

(FEB 2013)

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS

(MAY 2014)

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

52.232-11 EXTRAS (APR 1984)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

52.232-22 LIMITATION OF FUNDS (APR 1984)

52.232-25 PROMPT PAYMENT (JAN 2017)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD

MANAGEMENT (OCT 2018)

52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER – OTHER THAN

SYSTEM FOR AWARD MANAGEMENT (JULY 2013)

52.233-1 DISPUTES (MAY 2014) ALTERNATE I (DEC 1991)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK

(APR 1984)

52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

52.236-8 OTHER CONTRACTS (APR 1984)

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,

UTILITIES, AND IMPROVEMENTS (APR 1984)

52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

52.236-12 CLEANING UP (APR 1984)

52.236-13 ACCIDENT PREVENTION (NOV 1991)

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

52.242-14 SUSPENSION OF WORK (APR 1984)

52.243-4 CHANGES (JUN 2007)

52.243-5 CHANGES AND CHANGED CONDITIONS (APR 1984)

52.245-2 GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES

(APR 2012)

52.245-9 USE AND CHARGES (APR 2012)

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN

2003)

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

52.246-26 REPORTING NONCONFORMING ITEMS (NOV 2021)

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-

PRICE) (APR 2012)

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

52.249-14 EXCUSABLE DELAYS (APR 1984)

52.225-19 CONTRACTOR PERSONNEL IN A DESIGNED OPERATIONAL AREA OR

SUPPORTING A DIPLOMATIC MISSION OUTSIDE THE UNITED STATES

I. FAR CLAUSES INCORPORATED IN FULL TEXT

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

(a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology;

or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil.