19G5026Q0111-Attachment 2 (Sections B through J).pdf

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 – SERVICES

The Contractor shall provide all materials, equipment, labor, design, and construction services necessary to complete the Kolonia New Warehouse Project at the United States Embassy Kolonia, Pohnpei, Federated States of Micronesia. The project involves the design and construction of a new prefabricated warehouse facility on the Embassy compound, including all associated site work, utilities, technical security systems infrastructure, and related improvements, in accordance with the Statement of Work, drawings, specifications, and all other documents incorporated into this purchase order.

The Contractor is to perform services in accordance with the terms and conditions of this solicitation and the resulting purchase order, and in strict conformance with the purchase order clauses and any special conditions contained herein.

B.2 – TYPE OF PURCHASE ORDER

This is a firm fixed-price purchase order payable entirely in the currency indicated by the Contractor in Subsection B.3.1. 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 purchase order.

Nor will the purchase order price be adjusted on account of fluctuations in the currency exchange rates. Changes in the purchase order 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 Subsection F.8, Excusable

Delays), as determined and approved by the Contracting Officer.

B.3 – PURCHASE ORDER 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 herein. This price shall include all labor, services, materials, equipment, overhead, costs for insurance (other than DBA insurance), costs of obtaining Irrevocable Letters of Credit (ILCs) or bonds, profit, travel costs, and any other costs required to perform and complete all design and construction services, in accordance with the Statement of Work, drawings, specifications, and all other purchase order terms and conditions stated within the purchase order.

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 Cost Pricing Format is provided in Excel format under Section J, Attachment

J.3.6. The Contractor shall complete the attachment and adjust it as necessary to ensure that the total amount matches that of the total firm-fixed-price quotation in the Quoter's price quotation in Subsection B.3.1.

The purchase order resulting from this solicitation shall be a firm-fixed-price purchase order and not a Bill of Quantities (BOQ) type purchase order providing for unit pricing of items and payment based on quantity surveys. The total price will therefore not be adjusted upwards or downwards to reflect work performed as determined by quantity surveys performed.

It is a requirement for the Quoter to provide a breakdown of its price quotation by completing Attachment J.3.6 – Cost Pricing Format. The Cost Pricing Format is provided for reference purposes only. The Contractor is required to verify the quantities and dimensions based on the drawings and specifications provided or developed under this purchase order. The purchase order price will not be adjusted due to increased quantities that may be required during performance of the purchase order, unless the changes are made by the Government.

B.3.1 Design and Construction Phase Requirements

CLIN 0001 – Design and Construction Services (Base Scope) Prices stated shall include any and all costs for labor, materials, equipment, services, professional design services, project management, construction management and services, general liability insurance, Defense Base Act (DBA) insurance, bonds or irrevocable letters of credit, overhead, other indirect costs, profit, and all other expenses necessary to deliver a complete, fully functional, commissioned, and accepted Kolonia New Warehouse facility in accordance with the Statement of

Work, drawings, specifications, and all other purchase order terms and conditions.

This CLIN encompasses the full scope of design and construction services required to deliver the project from design inception through final acceptance, including but not limited to: design services, permitting, site work, construction, technical security system infrastructure, commissioning, training, closeout, and all incidental work necessary for a complete project.

The Quoter shall insert the prices, and the currency in which the quotation is made, below:

CLIN Description Price

Design and Construction Services – Complete Kolonia

New Warehouse Project (includes all professional services, design, overheads, labor, materials, equipment, services, cost of general liability insurance, cost of obtaining ILCs or bonds, cost of Defense Base

Act (DBA) insurance, and profit to perform and complete all works in accordance with the Statement of

Work and all other purchase order terms and conditions)

Total Firm-Fixed Price (CLIN 0001):

Quotation/Award Currency: __________________________________

B.4 – OUTPUT TAX (VALUE ADDED TAX/GST) – FEDERATES STATES

OF MICRONESIA

The Government has determined that, under the laws of the Federated States of

Micronesia applicable to this acquisition, no value-added tax (VAT), goods and services tax (GST), or similar transaction tax is imposed on the provision of the construction services required under this contract.

Accordingly, offerors shall not include or separately assess any VAT, GST, or similar output transaction tax in their offered prices.

Nothing in this provision relieves the contractor of its responsibility to comply with applicable tax laws of the Federated States of Micronesia. Any taxes, fees, or similar charges imposed on the contractor in connection with its business operations or performance of this contract, including any obligations related to tax reporting, filing, or recovery of such amounts from the appropriate authorities in the Federated States of Micronesia, are the sole responsibility of the contractor and shall not be separately charged to the Government.

B.5 – DEFENSE BASE ACT (DBA) INSURANCE

B.5.1 DBA insurance is required for all employees performing work under this purchase order, without exception. The Federated States of Micronesia is not on the U.S. Department of Labor (DOL) Active DBA Waiver List. Accordingly, DBA insurance is required for:

• All United States citizens or residents;

• All individuals hired in the United States, regardless of citizenship;

• All Host Country Nationals (HCNs); and

• All Third Country Nationals (TCNs).

No waiver of DBA insurance requirements applies to this purchase order. All employees at all tiers — including subcontractors — performing work on this purchase order must be covered by DBA insurance for the duration of performance.

B.5.2 DBA insurance may be obtained from any authorized DBA insurance broker.

See the clause at FAR 52.228-3, Worker's Compensation Insurance (Defense Base

Act), in Section I for more details. New DBA insurance policies can be purchased directly from any DOL-approved insurance carrier. A list of DOL-approved carriers may be found at https://www.dol.gov/owcp/dlhwc/lscarrier.htm.

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

B.5.3 The Contractor will be reimbursed for DBA only to the extent it provides documentary proof that it has paid the insurance broker for the DBA insurance and only to the extent quoted in Attachment J.3.6 under Indirect Costs.

B.5.4 DBA insurance cost will be evaluated as part of the total evaluated firm-fixed purchase order price and included in the fixed price of the purchase order. The

Contractor will be required to provide evidence of insurance (certification of coverage and a paid invoice) within 30 calendar days from the date of award.

B.5.5 The Contractor shall ensure that all subcontractors at every tier maintain

DBA insurance coverage for their employees performing work under this purchase order. The Contractor shall obtain and maintain documentation of DBA coverage for all subcontractor employees and shall make such documentation available to the Contracting Officer upon request.

B.6 – QUOTATION AND PAYMENT CURRENCY

The Quoter shall clearly identify and state the currency for all costs in its price quotation (see Subsection B.3.1). After award, the Contractor shall invoice in and payment will be made according to the currency identified in its quotation, unless otherwise specified by the Contracting Officer.

B.7 – COST OF MATERIALS / EQUIPMENT

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

0001.

B.8 – TERM OF PURCHASE ORDER

This purchase order shall be effective from the date of the Contracting Officer's signature and shall remain valid until all work is completed and accepted and until the warranty period has expired.

B.9 – JAMES ZADROGA 9/11 VICTIMS HEALTH AND COMPENSATION

ACT OF 2010 NOTICE

Unless a waiver or exception applies, payments subsequent to this procurement are subject to an excise tax of 2% pursuant to 26 U.S.C. 5000C.

B.10 – DEFINITIONS

In this purchase order, the terms Contractor, Design-Build Contractor, Architect, Architect/Engineer (A/E) or General Contractor are used interchangeably, unless the context indicates otherwise. Each term shall mean the Contractor identified in the resulting purchase order.

B.11 – ABBREVIATIONS

Abbreviation Meaning

CLIN Contract Line Item Number

CO Contracting Officer

COR Contracting Officer's Representative

DBA Defense Base Act

DOSAR Department of State Acquisition Regulation

FAR Federal Acquisition Regulation

FSM Federated States of Micronesia

GST Goods and Services Tax

HCN Host Country National

IBR Incorporated by Reference

Abbreviation Meaning

ILC Irrevocable Letter of Credit

LNTP Limited Notice to Proceed

NTP Notice to Proceed

OBO Bureau of Overseas Buildings Operations

QTY Quantity

SoW Statement of Work

TCN Third Country National

VAT Value Added Tax

SECTION C – DESCRIPTIONS/SPECIFICATIONS/STATEMENT OF

WORK

The Statement of Work (SOW), identified as Attachment J.3.7, is hereby incorporated into and made a part of this Section C by reference as though set forth herein in its entirety. For purposes of contract interpretation, administration, and the order of precedence established by this purchase order, the SOW shall be considered part of Section C of the Schedule notwithstanding its physical placement in Section J as an attachment for administrative convenience.

SECTION D – PACKAGING AND MARKING

D.1 – DUTY-FREE CLEARANCE

In accordance with procedures described in Subsection H.16, if applicable, duty-free clearance shall include all imported materials, equipment and personnel, all shipping containers or otherwise, and shall be labeled as follows:

ATTN: Customs & Shipping (Purchase Order No. [TO BE COMPLETED BY

CONTRACTOR])

Items shall be marked as "Diplomatic Cargo."

D.1.1 Material Shipping/Customs Clearance

Materials for the Kolonia New Warehouse Project shall be shipped to:

U.S. Embassy Kolonia

C/O: GSO

1286 U.S. Embassy Kolonia

Pohnpei FM 96941

D.1.2 Free Entry of Goods

To obtain free entry for the goods, the Contractor shall provide the Embassy's shipping section with the following documentation 10 calendar days prior to the arrival of goods:

• Copy of Bill of Lading

• Invoice

• Packing List

The Contractor shall provide an Advance Notice to the U.S. Embassy shipping office at least seven (7) calendar days before any shipment is to be made. The shipping office Points of Contact (POCs) are: (To be provided at award)

D.1.3 Customs Clearance and Delivery

The Contractor should estimate a minimum of seven (7) business days for customs clearances and delivery. Should the Contractor fail to provide any required paperwork for the customs clearance process to the U.S. Embassy shipping office, and the customs clearance procedure is delayed, the Contractor shall be required to pay any additional costs incurred (storage fees).

D.2 – PACKAGING REQUIREMENTS FOR MAIL AND COURIER

SHIPMENT OF DOCUMENTS AND DRAWINGS

Separate packaging of electronic media and hardcopy material

The prime Contractor and any associated subcontractors will package all drawings and electronic media (Sensitive But Unclassified (SBU) and unclassified) in separate mailing packages; specifically, electronic media will be transported in electronic media packages that contain no other drawings or hard copies of any kind, beyond that of transfer/receipt documentation. Hardcopy (paper) drawings and documents will be packaged separately.

Double wrapping and addressing of packages

For all shipping methods, the prime Contractor and any associated subcontractors will ensure that all project documentation, SBU and unclassified, is double wrapped with both layers addressed properly and labeled with the sender's address.

No indication that the contents are SBU should appear on the outer wrapper.

Document tracking receipts should be packaged inside the inner wrapping with the materials the receipt describes.

Packaging heavy materials in appropriate containers

In applying the above double wrapping and addressing procedures, items sent via

US mail or commercial carrier weighing more than one (1) pound shall have the inner package enclosed within an appropriately sized double-walled box or, for rolled drawings, a manufactured mailing tube. The cardboard box or mailing tube counts as the second layer of wrap.

D.3 – SAFEGUARDING AND RELEASE OF SENSITIVE BUT

UNCLASSIFIED INFORMATION

D.3.1 The Contractor and its employees shall exercise utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this purchase order which has not been made public, except to the extent necessary to perform their required duties in the performance of the purchase order requirements or as provided by written authorization of the

Contracting Officer. All documents and records (including photographs) generated during the performance of work under this purchase order shall be for sole use of and shall become the exclusive property of the U.S. Government. No article, book, pamphlet, recording, broadcast, speech, television appearance, film or photograph concerning any aspect of the work performed under this purchase order shall be published or disseminated through any media, to include company or personal websites, without the prior written authorization of the Contracting Officer. These obligations do not cease upon the expiration or termination of this purchase order or at any other point in time. The Contractor shall include the substance of this provision in all subcontracts hereunder.

D.3.2 The Contractor shall notify the Contracting Officer if any legal dispute arises between the Contractor and any subcontractor or vendor pertaining to performance on this purchase order which could potentially result in disclosure of any information related to design, construction or maintenance of a diplomatic facility overseas.

SECTION E – INSPECTION AND ACCEPTANCE

52.246-12 – Inspection of Construction (Aug 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not—

1. Relieve the Contractor of responsibility for providing adequate quality control measures;

2. Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

3. Constitute or imply acceptance; or

4. Affect the continuing rights of the Government after acceptance of the completed work.

(d) The presence or absence of a Government inspector does not relieve the

Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer.

(f) The Contractor shall, without charge, replace or correct work found by the

Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price.

(g) If the Contractor does not promptly replace or correct rejected work, the

Government may—

1. By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

2. Terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

(End of clause)

E.1 – INSPECTION OF CONSTRUCTION

The Contractor is required to maintain an adequate inspection system that ensures all purchase order obligations are met under the terms and conditions of the purchase order. The Contractor must maintain inspection records and make them readily available to the Government upon request of the Contracting Officer or the

Contracting Officer's Representative (COR), in accordance with FAR 52.246-12.

E.2 – SUBSTANTIAL COMPLETION

E.2.1 Substantial Completion: The stage in the progress of the work as determined and certified by the Contracting Officer or COR in writing to the

Contractor, on which the work or a portion thereof designated by the Government is sufficiently complete and satisfactory, in accordance with the requirements of the

Purchase Order Documents, that it may be occupied or utilized for the purpose for which it is intended, and only minor items such as touch-up, adjustments, and minor replacements or installations remain to be completed or corrected which: (1) do not interfere with the intended occupancy or utilization of the work, and; (2) can be completed or corrected within the time period required for final completion.

E.2.2 Date of Substantial Completion Inspection: The date determined by the

Contracting Officer or COR of which substantial completion of the work has been achieved.

E.2.3 Request for Substantial Completion Inspection: The Contractor shall give the COR at least 15 days advance written notice of the date the work will be substantially completed and ready for inspection and tests.

E.2.4 Use and Possession upon Substantial Completion: The Government shall have the right to take possession of and use the work upon substantial completion thereof. Upon notice by the Contractor that the work is substantially complete and verification thereof on the basis of an inspection by the COR and any required tests, the COR shall furnish the Contractor a Certificate of Substantial Completion, accompanied by the Schedule of Defects.

E.3 – FINAL COMPLETION AND ACCEPTANCE

E.3.1 Definitions: (a) "Final completion and acceptance" means the stage in the progress of the work as determined by the COR and confirmed in writing to the

Contractor, on which all work required under the purchase order has been completed in a satisfactory manner.

(b) The "date of final completion and acceptance" means the date determined by the COR as of which final completion of the work has been achieved, as indicated by written notice to the Contractor.

E.3.2 Request for Final Inspection and Tests: The Contractor shall give the COR at least 15 days advance written notice of the date the work will be fully completed and ready for final inspection and tests.

E.3.3 Final Acceptance: Upon (a) satisfactory completion of all required tests, (b) verification by the COR on the basis of a final inspection that all items listed in the

Schedule of Defects have been completed or corrected and that the work is finally complete, and (c) submittal by the Contractor of all documents including contractor close-out documents, and other items required upon completion of the work, including a final request for payment, the COR shall issue to the Contractor a notice of final acceptance and process final payment as required by the purchase order.

E.4 – USE OF EQUIPMENT BY THE GOVERNMENT

E.4.1 Right to Use: The Government may take over and operate, with Government employees, such equipment as is necessary for heating or cooling such areas of the building as require the service, and other equipment such as elevators, electrical, plumbing and mechanical systems, as soon as the installation is sufficiently complete to permit operation.

E.4.2 Notice: The COR will advise the Contractor in writing, prior to the use of the equipment, which items of equipment will be operated, and the date and time such operation shall begin.

E.5 – QUALITY CONTROL AND QUALITY ASSURANCE

E.5.1 Design Quality Control and Design Quality Assurance

E.5.1.1 Introduction: A principal factor of performance on a project is the

Contractor's control of the quality of design services. The Contractor shall establish and maintain a project-specific Quality Management Program (QMP) which defines and implements a quality system.

E.5.1.2 Quality Management Program: The Contractor's QMP shall be COR-approved to provide employees, consultants, and/or joint-venture partners with established, uniform procedures for production of project data and documents throughout the design process.

E.5.1.3 Audits After Award: The Government may perform audits of the

Contractor's QMP to periodically assess conformance with the QMP.

E.5.1.4 Agreement on Quality Assurance: The Contractor shall develop a clear understanding with all consultants on quality assurance matters.

E.5.1.5 QMP Submittal Requirements: The QMP shall be structured and developed to include the following minimum requirements:

• E.5.1.5.1 Preliminary Quality Management Program: Quoters shall provide a Preliminary QMP and a detailed organizational chart as part of their quotation. The Contractor shall define and submit a QMP organizational structure within 21 calendar days of award.

• E.5.1.5.2 Quality Policy.

• E.5.1.5.3 Study and Design Input.

• E.5.1.5.4 Building Standards.

• E.5.1.5.5 Other Procedures.

• E.5.1.5.6 Security and Communications Interface.

• E.5.1.5.7 Checking, Coordinating, and Integrating Drawings.

• E.5.1.5.8 Document Control.

• E.5.1.5.9 Verification.

• E.5.1.5.10 Corrective Action.

• E.5.1.5.11 QMP Reporting.

• E.5.1.5.12 Administration.

E.5.2 Construction Quality Assurance and Quality Control

E.5.2.1 The Contractor shall institute an appropriate inspection system including checklists of duties to be carried out, ensuring these duties are carried out by the supervisory staff and senior employees, and carrying out weekly inspections to determine whether the various services are being performed according to the purchase order requirements. Copies of the weekly inspection reports shall be provided to the COR seven (7) days after end of weekly period.

E.5.2.2 Any shortcomings and/or substandard conditions noted in such inspections shall be promptly corrected and improved.

E.5.2.3 Monthly Progress Report. The Contractor shall render a monthly progress report with pictures (significant items), summing up observations resulting from the inspections, progress, difficulties or irregularities encountered, resolution of problems, measures taken to improve conditions, recommendations, and other matters related to this purchase order. This monthly report shall be submitted to the COR, together with the Contractor's monthly invoice.

E.5.2.4 Inspection by Government. The services being performed hereunder and the supplies furnished will be inspected from time to time by the COR, or his/her authorized representatives.

E.5.2.5 The Contractor shall be responsible for any countermeasures or corrective action, within the scope of this purchase order, which may be required by the

Contracting Officer as a result of such inspection.

E.6 – DESIGN DOCUMENT REVIEW

E.6.1 Integrated Design Review (IDR): As part of the mission of OBO to manage development of overseas building projects, reviews of design submittals ensure that the Contractor designs the project to meet the criteria stated within this contract. The focus of OBO’s reviews is in three major areas: contract requirements, quality of documentation, and compliance with DOS’ Security

Classification Guides for Design and Construction of Overseas Facilities in

Attachments J.1.1a, J.1.1b, and J.1.1c. The purpose of each IDR is to promptly identify significant design issues, followed by their timely resolution. Reviews utilize the “Document Review and Checking” software (DrChecks), which is part of OBO’s ProjNet Applications. The Contractor shall use DrChecks during project reviews. See Subsection E.7, “Project Communications” for more information regarding this technology and training on it and the IDR that will be provided by

OBO. Software program management and user support is provided through

OBO/CORCS/DE. Refer to Subsection F.2 for quantities of submittals required.

E.6.2: General Review Procedures

E.6.2.1: General: The Integrated Design Review (IDR) process consists of two distinct efforts, an endeavor to identify key design issues, and the activity of resolving those issues as an integrated team. The test of a successful review is in its ability to identify critical issues and to bring those issues to successful conclusion in the design. The time to bring issues to final resolution becomes crucial as it affects the cost and delivery of every project. It should be the focus of every team member to reach resolution in as expedient a manner as possible. The project will have 2 formal IDR’s. An IDR will be held at both Construction

Document Phases; CD-1 and CD-2. The IDR involves six primary steps: 1)

Review Kick Off Meeting; 2) Collaborative Review (Review Comments Collected in Database); 3) Technical Coordination and Review Coordination Meeting; 4)

Contractor’s Response; 5) Reviewer Backcheck; and 6) Resolution Meeting. It is the role of the Contractor to ensure that their overall schedule is integrated to accommodate the time required for the IDRs. It is the role of the ACOR or the

COR to assure that these procedures are scheduled and implemented on the

Project.

Sample OBO Integration Design Review chart:

E.6.2.2 Review Kick Off Meeting: Following the delivery and distribution of contract deliverables (generally 5 calendar days), the OBO design team lead by the

COR/ACOR will conduct a kickoff meeting with the intent of validating the completeness of the design submittal and reviewing current contract requirements and outstanding design issues. At a minimum this meeting will review the following:

A. The completeness of the contract deliverable, identifying any missing or incomplete submittal requirements, and their impact on the review.

B. Acceptability (preliminary) of document against the Security Classification

Guide.

C. Appraise the team of the design review schedule.

D. Review outstanding changes or contract modifications that might impact the review.

E. Review discipline assignments in the review.

F. Review previous comments and their incorporation.

G. Identify design review conventions and working process.

Failure by the Contractor to comply with the contract may be grounds for rejection.

Failure of the USG to identify non-compliant items does not relieve the Contractor of his duty to comply with the contract requirements.

E.6.2.3 Collaborative Review (Review Comments Collected in Database):

OBO reviewers are responsible to review the design within the confines of their technical expertise. As a compliance review, comments will focus primarily on technical requirements as derived from a requirement, quality and security classification review. Additionally, reviewers will assess the overall level of submittal quality. Reviewers will be utilizing DrChecks and are asked to reference each of their comments to the contract.

E.6.2.4 Technical Coordination and Review Coordination Meeting: Scheduled by the ACOR and facilitated by OBO’s Technical Team Leader, a thorough review of design comments is conducted with the purpose of screening out and editing review comments. It is the goal of this coordination to delete and edit those comments that lack technical merit, or that place a new requirement on the contractor and his design. Previous experience demonstrates that this phase of the review can result in a significant reduction in the number of comments and will provide clarification to relevant design issues. Prior to this meeting, each technical expert is expected to thoroughly review all comments within their discipline. The purpose of the Review Coordination Meeting is to coordinate (editing or deleting) any conflicting, non-substantive, duplicative, or out of scope design issues, and bring resolution to those issues within the Government’s review team.

E.6.2.5 Contractor Evaluation and Response to Review Comments: With the completion of the Government’s technical coordination, the design review is opened to the Contractor for technical feedback. The Contractor is required to review and respond to each technical issue. DrChecks provides a structured methodology allowing the Contractor to provide his concurrence or non-concurrence to any issue. Additionally, each review comment can be tagged to its potential impact on cost, scope, or schedule. The Contractor is expected to respond to any non-concurred comment with a thorough explanation and justification.

E.6.2.6 Reviewer Backcheck: With the Contractor’s completion of the comment responses, the originating reviewer back checks the Contractor’s responses. The originating reviewer is responsible in his back check to “Close” issues in Dr

Checks that are responded to satisfactorily by the Contractor; i.e., if the reviewer agrees with the response of the Contractor, the comment will be closed. Issues that remain “Open” are to be accompanied with a technical discussion of the issue justifying the reviewer’s technical position. “Open” comments shall reflect only those design issues where the Government and the Contractor differ substantially in their interpretation of a technical design requirement or its implementation.

Issues that are designated as “Open” should be followed up as a technical discussion with technical counterparts as long as the issue remains technical rather than contractual.

E.6.2.7 Resolution Meeting: Run by the ACOR, with support by the Technical

Team Leader and team, a review of all “Open” design issues is conducted in a meeting of key stakeholders and decision makers held at OBO. An issue-by-issue evaluation is conducted, and resolution is reached between the government and the

Contractor on all outstanding review items. All “Open” items will be “Closed” with an agreed upon resolution or action. Following the conclusion of the meeting, all parties will commit to their acceptance of the decisions by signing a “resolution report” that details the decision.

E.6.3 Construction Document IDRs: These IDRs will follow the generic IDR process described in E.6.2. The CD-1 IDR will integrate the review of the CD-1 submittal along with a presentation to the post. It includes a formal presentation of the CD-1 submittal by the contractor as part of the kick-off meeting. Due to the complex coordination that will be required by OBO to kick off and execute this

IDR, the Contractor will need to carefully schedule and coordinate the CD-1 deliverables well in advance

E.6.4 CD Backcheck: OBO will review this Construction Document submittal as backcheck documents to validate that previous comments are resolved. OBO will provide discussion of any unresolved comments via DrChecks. Those issues will be presented to the Contractor 20 days following receipt of the CD backcheck documents. The Contractor shall respond to all Government comments in ProjNet resulting from the Government review of the CD backcheck submittal. While there is not normally a requirement for a resolution meeting for this backcheck, if there are substantial outstanding issues, the Government reserves the right to request a resolution meeting.

E.6.5 Interim Review: An “Interim Review” is intended to provide the Contractor with a “compliance” review with the sole purpose of reducing Contractor’s risk when fast-tracking construction. “Interim Reviews” are not intended to supersede or substitute for the required design review process or stages of review imposed in

E.6.1 Integrated Design Review or E.6.2 General Review Procedures.

E.7 ProjNet PROJECT COMMUNICATIONS

E.7.1 General: OBO has an accredited web-based Extranet that enhances the security associated with the exchange of DOS design/construction data, and provides business applications that improve the communication between OBO and partner contracting activities. The service name is ProjNet (Project Extranet). This service is currently available to support the Project Communication needs of both the Contractor and the USG.

E.7.2 System Capabilities: ProjNet has been developed to support web-based

USG-to-Business applications related to the DOS’s facility engineering, design, and construction projects worldwide. In general, ProjNet supports four generic types of business processes: document collaboration, work product evaluation, contract monitoring, and information dissemination. The following applications are available to support the contract. While there are additional applications being developed, current and active applications are described below.

E.7.2.1 FILER: FILER is a collaborative application that allows authorized project participants to exchange documents among a specific work group. ProjNet will support document collaboration among project teams. In FILER, design drawings and related documents may be transmitted among business partners.

FILER provides permission framework and access designations to files stored on the ProjNet server. As required, audit information may also be tracked. ProjNet’s

FILER meets the FPS-140 USG requirement to electronically encrypt SBU data.

FILER is currently DOS’s only approved method for transmitting Sensitive But

Unclassified (SBU) information across the Internet.

E.7.2.2: Contract deliverables (typically plans and specifications) will be reviewed for contract compliance utilizing a document review and checking tool called

DrChecks. DrChecks assists the design team (both contractor and USG) in collecting, organizing, and tracking design issues to resolution. DrChecks is the tool that supports the Integrated Design Review process. DrChecks will also be required to support the RFI process.

E.7.3 Sensitivity of Data Processed: ProjNet will support Sensitive But

Unclassified (SBU) data only. It is the responsibility of all ProjNet users to understand the Department of State’s classification guidelines, and to limit the distribution of data on the ProjNet site to unclassified and SBU information only.

All movement of electronic project files across the web will be limited to this site to protect data from interception. The Department of State, Bureau of Diplomatic

Security, will have complete access to all ProjNet data and logs with the purpose of policing classification guidelines. The hosting web site and equipment supporting

ProjNet are USG owned, and all data passing across the website shall be construed as the property of the U.S. USG, subject to enforcement of its classification.

guidelines.

E.7.4 Service Operation: ProjNet uses secure socket layer (SSL) technology to transmit data between client and server. This technology is built into the site so it is accessible from any Internet connection. Access to ProjNet begins with a request from the prime contractor to the OBO Project Executive. Each Prime

Contractor’s Security Officer or Project Manager or Document Security manager will be responsible for validating and approving his sub-contractors and vendors access requests before forwarding them to OBO. OBO’s Project Executive will be responsible for the review and approval of all requests, and certifying access as necessary to the Department’s mission.

E.7.4.1 USG’s Role: The USG will support the use of SSL technology to all

Contractors and their Sub-Contractors. The USG will assist users with login, program usage support, and management of server hardware and software. Training is via teleconference or using a web-based training module if approved by one of OBO’s ProjNet Directors.

E.7.4.2 Accounts and Passwords: Once users have a connection to ProjNet, they identify themselves to the application using a unique password. OBO will be responsible for creating and setting up all user accounts. A unique password for each user is automatically generated for that user by the system. Using their unique password, user login to the appropriate ProjNet Application.

E.7.4.3 Contractor’s Role: It will be the Contractor’s responsibility to send the

COR a complete list of all required users for the system from each company, including subcontractors required for the project. The USG will provide the contractor with a registration form requiring the name, telephone number, email address, and verification of US Citizenship for each ProjNet user. For requests involving NON-US Citizens, the contractor must also provide country of citizenship, passport number, passport issue place and date, passport expiration, birthplace, birth name and other names used, and name in the local language characters for each user. It will be the responsibility of the Contractor’s Facility

Security Officer or Project Manager or Document Security manager to monitor and ensure their personnel are following the Business Rules associated with ProjNet

(See Subsection E.7.5).

E.7.5 Business Rules:

E.7.5.1 The Contractor is restricted from transporting unencrypted SBU data electronically across the Internet using email, FTP sites, or commercial web sites.

OBO encourages contractors to utilize all contract drawings and documents as if they are SBU, to minimize risk.

E.7.5.2 ProjNet supports up to Sensitive but Unclassified (SBU) data only. It is the responsibility of all ProjNet users to understand the Department of State’s classification guidelines, and to limit the distribution of data on the ProjNet site to unclassified information. Classified or SBU-NoForn information shall not be transmitted via the ProjNet site, or any other electronic transmission using the

Internet.

E.7.5.3 Contractor personnel with access to ProjNet must be U.S. citizens or may be non-US Citizens that have obtained approval to operate the system from the

Department of State (DOS). The contractor cannot grant non-U.S. citizens access to ProjNet without prior DOS approval. Contractors wishing to nominate non-US citizens for access must also provide country of citizenship, passport number, passport issue place and date, passport expiration, birth place, birth name and other names used, and name in the local language characters, if applicable, for each user to the COR and DS for registration/approval. Government denial of non-U.S.

Citizens or subcontractors for security reasons can be made without providing rationale for denial.

E.7.5.4 It shall be the responsibility of the Contractor’s Security Officer or Project

Manager or Document Security manager to register, maintain, and delete all user accounts to the system on a need to know basis.

E.7.5.5 It shall be the responsibility of the USG to provide training to all personnel who wish to access ProjNet prior to assigning a password. It shall be the responsibility of the Contractor to provide conference space with a projector and an Internet connection for the use of the Government Trainer when on-site training is provided.

E.7.5.6 Individual users in each office will be provided with a system-generated password that will enable access to that user only.

E.7.5.7 Users shall protect their passwords as SBU information, and refrain from sharing their access into the ProjNet system.

E.7.5.8 ProjNet workstations should not be left unattended while an active ProjNet work session is ongoing. Users should logout of ProjNet after each work session.

E.8 KAHUA PROJECT COMMUNICATIONS

The U.S. Government, through the Bureau of Overseas Buildings Operations

(OBO), is developing a new project communication and submittals system. OBO may decide later to transition to the Kahua Project Communications platform. If this occurs, the contractor will be provided with instructions on how to obtain access to Kahua.

E.9 FAN SYSTEM

The FAN system is authorized for processing unclassified and Sensitive But

Unclassified (SBU) Information. The Government may provide documents to quoters via FAN during the solicitation process and/or contract administration stage. This platform is not for quoters’ submission of questions or documents during the solicitation process or contractor’s submission of documents and other communications to the Government. The quoter/contractor shall not submit any documents or communications through FAN. The following are the types of unclassified information that may be processed on FAN:

Unclassified information – Information that does not require administrative control and protection from public or other unauthorized disclosure for other reasons not subject to special handling and protection. · Sensitive But Unclassified (SBU) –

Information that is rated Federal Information Security Act (FISMA) Moderate or

Low impact that is not classified for national security reasons but that warrants/requires administrative control and protection from public or other unauthorized disclosure for other reasons. Personally Identifiable Information (PII)

– PII is information that can be used to distinguish or trace someone's identity. PII information may be processed on FAN; however, there are additional policies, rules of behavior, and responsibilities that are applicable to processing PII on FAN.

All other types of information are not permitted for storing, transmitting, or processing on FAN. See attached Guidance to Use of Online Collaboration

Systems.

SECTION F – DELIVERIES OR PERFORMANCE

Clause Title

52.242-14 Suspension of Work (Apr 1984)

52.242-15 Stop-Work Order (Aug 1989)

F.1 – DELIVERIES OR PERFORMANCE

F.1.1 Performance of Work

(a) The total performance period for this project is 545 calendar days; 180 calendar days for design, and 365 calendar days for construction. The time stated for design is exclusive of Government review time. The time stated for construction includes the time for final cleanup of the premises, completion of punch-list items and all other items specified in the purchase order.

(b) As soon as possible, but not later than 21 calendar days after award, the

Contractor shall schedule a 'kick-off meeting' with the COR.

(c) Design portion of the purchase order. The Contractor shall be required to (a) commence design work under this purchase order immediately after the date the

Contractor receives the "Design Notice to Proceed (DNTP)," (b) prosecute all design work diligently, and (c) provide to the Government all design and construction documents at the final completion stage within the number of calendar days specified after receipt of the DNTP.

F.1.2 Project Phasing/Milestones

See Subsection C.2.

F.1.3 Liquidated Damages

F.1.3.1 FAR 52.211-12 Liquidated Damages – Construction (SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of USD 128.00 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.

F.2 – DELIVERABLES/DELIVERY SCHEDULE

Reference Item Description Quantity Submission Date Deliver

To

H.1.1/H.1.2 Irrevocable Letters of Credit or bonds Originals

Within 30 calendar days after award

CO

H.2 General Liability

Insurance Originals

Within 30 calendar days after award

CO

B.5

Defense Base Act

Insurance (all employees)

Originals Within 30 calendar days after award

CO

H.14.5 and

H.25

Housing and

Recruitment Plan

(if applicable)

One each As changes occur CO/COR

Section I

FAR 52.222-

50(h)(4)(ii)

Trafficking in

Persons (TIP)

Compliance Plan

One 30 days after award CO

Section I

FAR 52.222-

50(h)(5)

TIP Compliance

Plan Certification One Annually after award CO

E.5.1.5.1

Quality

Management

Program

Two

Design: 21 calendar days after award; Construction:

with 100% design/construction documents

COR

F.4 Construction

Schedule One

With 100%

Design/Construction

Documents

COR

To

H.12 Safety Plan One

With 100%

Design/Construction

Documents

COR

H.14.4 Site Personnel/Site

Access One

Contractor Personnel: 30 days prior to onsite activities; Local

Contractors/Vendors: 7 days in advance

COR

E.5.2.1 Inspection Reports One Weekly after Construction

NTP

COR

G.4 Payment Request Two

Design Phase: per COR-approved design submittal;

Construction Phase: not more than once monthly

COR /

Copy to

CO

E.5.2.3 Monthly Progress

Report One

Last calendar day of each month with monthly invoice

COR

F.4

Updated

Construction

Schedule

One With each payment request COR

E.2.2

Request for

Substantial

Completion

One 15 calendar days before proposed inspection

COR

E.3.3 Request for Final

Acceptance One

15 calendar days before proposed final acceptance

COR

To

H.4.4 &

H.17.2

As-Built Drawings and Warranties One

Within 15 days of final completion but before final acceptance & final payment

COR

G.4.2(c)

Final Payment

Release Statement and Purchase

Order Close-Out

Documents

One With final invoice COR and

CO

F.3 – DISTRIBUTION AND DELIVERY ADDRESSES FOR CERTAIN

DELIVERABLE ITEMS

OBO submittals shall be made in accordance with Section C, Statement of Work, and uploaded to ProjNet/Kahua as applicable.

F.4 – CONTRACTOR'S SUBMISSION OF CONSTRUCTION SCHEDULES

(a) The time for submission of the schedules referenced in Section I, 52.236-15, "Schedules for Construction Contracts," paragraph (a), is hereby modified to reflect that the submission shall be with the IFC documents.

(b) These schedules shall include the time by which shop drawings, product data, samples and other submittals required by the purchase order shall 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 COR to achieve coordination with work by the

Government and any separate contractors employed by the Government.

(d) All deliverables shall be in the English language, unless otherwise provided hereunder.

F.5 – MONTHLY PROGRESS REPORT

Monthly progress reports shall be submitted within seven days after the last calendar day of each month during this purchase order. Reports shall be in letter format and contain information relevant to this project, including, but not limited to, accomplishments during the previous month, anticipated accomplishments for the next month, update of the construction schedule, arising or occurring problems and possible or proposed solutions, questions that require answers or directions from the Post, any pending Government review comments regarding the

Contractor's submittals, any proposed change orders that have not been executed, and any other pertinent information required to report the progress of performance under this purchase order. Contractor shall also provide site photos.

F.6 – 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 purchase order modification signed by the Contracting Officer.

F.7 – NOTICE OF DELAY

(a) In the event the Contractor receives a notice of any change in the work, or if any other conditions arise which are likely to cause or are actually causing delays, the Contractor shall notify the Contracting Officer of the effect, if any, of such change or other conditions upon the approved schedule. Such notice shall be given promptly and not more than ten (10) days following the first occurrence of the event giving rise to the delay or prospective delay.

(b) Should the Contractor seek to claim a delay for which no time impact analysis was performed prior to the occurrence of a delay, the Contractor shall submit a written time impact analysis, including a narrative and fragmentary CPM Network

(Schedule Fragnet) demonstrating the actual effect of the delay.

F.8 – EXCUSABLE DELAYS

The Contractor will be allowed time, not money, for excusable delays as defined in

FAR 52.212-4(f). 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)…