19GE5022R0037_Final.pdf

19GE5022R0037

SOLICITATION,OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

19GE5022R0037 SEALED BID (IFB)

X NEGOTIATED (RFP)

2. TYPE OF SOLICITATION 3. DATE ISSUED

04/21/2022

RATING

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

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

CODE FRANK

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

60435, FRANKFURT, GERMANY

7. ISSUED BY 8. ADDRESS OFFER TO

9. FOR INFORMATION

CALL:

a. NAME

Jamie M. Fleischhacker

b. TELEPHONE NO. (Include area code)(NO COLLECT CALLS) c. EMAIL

FleischhackerJM@state.gov

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" means "bid" and "bidder".

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

Section A Solicitation, Offer, and Award Section B Supplies or Services and Price/Costs Section C Description/Specifications/?Statement of Work Section D Packing and Marking Section E Inspection and Acceptance Section F Deliverables and Performance Section G Contract Administration Data Section H Special Contract Requirements Section I Contract Clauses Section J List of Attachments Section K Representations, Certifications and other Statements of Offerors Section L Instructions, Conditions, and Notices to Offerors Section M Evaluation factors for Award

11. The Contractor shall begin performance calendar days and complete it within calendar days after receiving15 F.1

Section F.1award, X notice to proceed. This performance period is X mandatory negotiable. (See __________________________.)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES," indicate within how many calendar days after award in Item 12b).

X YES NO

12b. CALENDAR DAYS

Sealed offers in original and copies to perform the work required are due at the place specified in item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

1 16:00 Europe/Berlina.

05/20/2022

b. An offer guarantee is, X is not required.

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

90d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

13. ADDITIONAL SOLICITATION REQUIREMENTS:

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1442 (REV. 4-85)

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

CGFS // CGFS

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

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

CONTACT: UEI:

CODE FACILITY CODE

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

17.

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

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

20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

G.4.2

ITEM

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

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY OPEAQM

RPSO Frankfurt OPE/AQM/IP/RPSO Frankfurt Office of Acquisition (AQM) Frankfurt

AMERICAN EMBASSY PRAIA

RUA ABILIO MACEDO 6

ATTN: FMO praiadbo@state.gov

PRAIA, CAPE VERDE 07400

27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

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

30a.NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

Eric N. Moore

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

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

04/20/2022

31c. DATE

STANDARD FORM 1442 (REV. 4-85)BACK

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs

SECTION B SUPPLIES OR SERVICES AND PRICES / COSTS

B.1 SERVICES

B.2 TYPE OF CONTRACT

B.3 CONTRACT PRICE

B.4 LOCAL TAXES

B.5 DEFENSE BASE ACT (DBA) INSURANCE

B.6 PRICE PROPOSAL BREAKDOWN (PPB)

B.7 ABBREVIATIONS

C Descriptions/Specifications/Statement of Work

C.1 PROJECT NAME & LOCATION

C.2 SCOPE OF WORK

C.3 PROJECT SPECIFICATIONS

C.4 PROJECT DRAWINGS

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

D Packaging and Marking

D.1 DUTY-FREE CLEARANCE

652.229-70 EXCISE TAX EXEMPTION STATEMENT FOR CONTRACTORS WITHIN THE

UNITED STATES (JUL 1988)

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

AND DRAWINGS

D.3. SAFEGUARDING AND RELEASE OF SENSITIVE BUT UNCLASSIFIED

INFORMATION

E Inspection and Acceptance

E.1 INSPECTION OF CONSTRUCTION

E.2 SUBSTANTIAL COMPLETION

E.3 USE OF EQUIPMENT BY THE GOVERNMENT

E.4 FINAL COMPLETION AND ACCEPTANCE

E.5 QUALITY ASSURANCE AND CONTROL

52.246-12 Inspection of Construction (Aug 1996)

F Deliveries or Performance

F.1 COMMENCEMENT, PROSECUTION & COMPLETION OF WORK (FAR 52.211-10 APR

1984)

F.2 LIQUIDATED DAMAGES (FAR 52.211-12 SEP 2000)

F.3 CONTRACTOR'S SUBMISSION OF CONSTRUCTION SCHEDULES

F.4 DELIVERABLES

F.5 ACCEPTANCE OF SCHEDULE

F.6 NOTICE OF DELAY

F.7 MONTHLY PROGRESS REPORT

F.8 NOTICE TO PROCEED

F.9 WORKING HOURS

F.10 EXCUSABLE DELAYS

F.11 PRE-CONSTRUCTION CONFERENCE (FAR 52.236-26 FEB 1995)

F.12 PRE-PROPOSAL CONFERENCE

FAR 52.242-14 SUSPENSION OF WORK (APRIL 1984)

FAR 52.242-15 STOP-WORK ORDER (AUG 1989)

FAR 52.242-17 GOVERNMENT DELAY OF WORK (APRIL 1984)

FAR 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APRIL 1984)

G Contract Administration Data

G.1 AUTHORITY OF CONTRACTING OFFICER

G.2 CONTRACT ADMINISTRATION DATA

G.3 SUPERINTENDENCE BY THE CONTRACTOR (FAR 52.236-6 APR 1984)

G.4 PAYMENT FOR CONSTRUCTION SERVICES

G.5 ADVANCE PAYMENT

H Special Contract Requirements

H.1 BOND REQUIREMENTS

H.2 INSURANCE

H.3 DEFINITIONS

H.4 OWNERSHIP AND USE OF DOCUMENTS

H.5 SECURITY

H.6 GOVERNING LAW

H.7 LANGUAGE PROFICIENCY

H.8 LAWS AND REGULATIONS

H.9 RESPONSIBILITY OF CONTRACTOR

H.10. CONSTRUCTION OPERATIONS

H.11 TEMPORARY FACILITIES AND SERVICES

H.12 SAFETY

H.13 SUBCONTRACTORS AND SUPPLIERS

H.14 CONSTRUCTION PERSONNEL

H.15 MATERIALS AND EQUIPMENT

H.16 IMPORTED MATERIALS, EQUIPMENT, AND PERSONNEL

H.17 SPECIAL WARRANTIES

H.18 EQUITABLE ADJUSTMENTS

H.19 NONCOMPLIANCE WITH CONTRACT REQUIREMENTS

H.20 ZONING APPROVALS & BUILDING PERMITS

H.21 ASSIGNMENT

H.22 AVAILABILITY OF FUNDS

H.23 ASBESTOS-CONTAINING MATERIALS RESTRICTION

H.24 PERFORMANCE OF WORK BY THE CONTRACTOR (FAR 52.236-1 APR 1984)

H.25 CONTRACTOR RECRUITMENT OF THIRD-COUNTRY NATIONAL

I Contract Clauses 52.249-10 Default (Fixed-Price Construction) (Apr 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Nov 2021) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) 52.222-50 Combating Trafficking in Persons (Nov 2021) 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Oct 2020) 52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021) 52.228-3 Workers' Compensation Insurance (Defense Base Act) (July 2014) 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas (Apr 1984) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021) 52.236-15 Schedules for Construction Contracts (Apr 1984)

652.204-70 DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARD POLICY AND

PROCEDURES (FEB 2015)

652.225-71 SECTION 8(a) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED

(AUG 1999)

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

652.229-71 PERSONAL PROPERTY DISPOSITION AT POSTS ABROAD (AUG 1999)

652.243-70 NOTICES (AUG 1999)

I.1 CONTRACTOR IDENTIFICATION (JUL 2008)

52.229-12 Tax on Certain Foreign Procurements (Feb 2021) 52.222-19 Child Labor--Cooperation with Authorities and Remedies (Jan 2022) 52.228-14 Irrevocable Letter of Credit (Nov 2014)

J List of Attachments

J.1 PROJECT REFERENCE DOCUMENTS

J.2 ADMINISTRATIVE DOCUMENTS

K Representations, Certifications, and Other Statements of Offerors or Respondents K.2 CONTRACTOR RECRUITMENT OF THIRD COUNTRY NATIONALS (TCNs)

K.3 CERTIFICATION

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) 52.229-11 Tax on Certain Foreign Procurements--Notice and Representation (Jun 2020) 52.203-2 Certificate Of Independent Price Determination (Apr 1985)

52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions (Sept 2007) 52.204-3 Taxpayer Identification (Oct 1998) 52.204-8 Annual Representations and Certifications (Jan 2020) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation (Nov 2015) 52.209-5 Certification Regarding Responsibility Matters (Aug 2020) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.225-18 Place of Manufacture (Aug 2018) 52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan - Certification (Aug 2009)

652.225-70 ARAB LEAGUE BOYCOTT OF ISRAEL (AUG 1999)

K.1 AUTHORIZED CONTRACT ADMINISTRATOR

L Instructions, Conditions, and Notices to Offerors and Respondents 52.214-34 Submission of Offers in the English Language (Apr 1991) 52.215-1 Instructions to Offerors-Competitive Acquisition (Nov 2021) 52.232-38 Submission of Electronic Funds Transfer Information with Offer (Jul 2013) 52.236-27 Site Visit (Construction) (Feb 1995) 52.236-28 Preparation of Proposals-Construction (September 2019) 52.204-7 System for Award Management (Oct 2018) 52.216-1 Type of Contract (Apr 1984) 52.233-2 Service of Protest (Sept 2006)

652.206-70 ADVOCATE FOR COMPETITION/OMBUDSMAN (FEB 2015)

L.1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

L.2 SOLICITATION PROVISIONS IN FULL TEXT

L.3 MAGNITUDE OF CONSTRUCTION PROJECT

L.4 REVIEW OF DOCUMENTS

L.5 SUBMISSION OF OFFERS

L.5.4 SUMMARY OF PROPOSAL INSTRUCTIONS

L.5.5 DETAILED INSTRUCTIONS

L.6 SITE VISIT (FAR 52.236-27 FEB 1995)

L.7 PROPOSAL DUE DATE

M Evaluation Factors for Award

M.1 EVALUATION OF PROPOSALS

M.2 AWARD WITHOUT DISCUSSIONS

M.3 CONTRACT AWARD

52.225-17 Evaluation of Foreign Currency Offers (Feb 2000)

Line Item Summary

Solicitation Number:

19GE5022R0037

Contract Number: Title: Praia Fence Line Project Date of Solicitation:

04/20/2022

Line Item No.

Description Quantity Unit Unit Price Total Cost

001 Construction Services: Installation of Fencing, U.S.

Embassy Cabo Verde Including all labor, materials, equipment, overhead, other indirect costs, cost for the General Liability Insurance, Irrevocable Line of Credits, and profit Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LT

002 Value Added Tax (VAT) (15%) As Applicable Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LT

003 Defense Base Act Insurance Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LT

SECTION B - SUPPLIES OR SERVICES AND PRICES / COSTS

B.1 - SERVICES

The Contractor shall perform Construction Services to install a fence at the U.S. Embassy in Praia, Cabo Verde.

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

B.2 - TYPE OF CONTRACT

This is a firm fixed-price contract payable entirely in the currency indicated by the Contractor in Sub-Section B.3. No additional sums will be payable on account of any escalation in the cost of materials, equipment or labor, or because of the Contractor's failure to properly estimate or accurately predict the cost or difficulty of achieving the results required by this contract.

Nor will the contract price be adjusted on account of fluctuations in the currency exchange rates. Changes in the contract price or time to complete will be made only due to changes made by the Government in the work to be performed, or by delays caused by the Government (see Sub-Section F.10, Excusable Delays), as determined and approved by the Contracting Officer.

B.3 - CONTRACT PRICE

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

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

If applicable, insurance required by FAR 52.228-3, Workers’ Compensation and War-Hazard Insurance, shall be part of the firm fixed-price. Any costs not priced will be included in overhead and other indirect costs.

B.3.1 Total Contract Price BASIC REQUIREMENT The Offeror shall insert their total price proposal costs as follows:

CLIN Description Price

001 CONSTRUCTION SERVICES FOR

THE INSTALLATION OF FENCING:

Including all labor, materials, equipment, overhead, other indirect costs, costs for General Liability insurance, Irrevocable Letter of Credits, and profit

002 VAT (Where Applicable) 003 Defense Base Act Insurance (DBA)

Grand Total: CLIN 001 through CLIN

State Currency: __________________________________________ The offeror shall clearly identify and state the currency for all costs in their price proposal. After award, the Contractor shall invoice in and payment will be made according to the currency identified in the offerror's proposal, unless otherwise specified by the Contracting Officer.

B.4 - LOCAL TAXES

If applicable, the contractor shall be responsible paying to the appropriate authority, the applicable rate of Value Added tax. Offerors shall identify Value Added Tax (VAT) as a separate line item in Section B. The VAT shall also be reflected as a separate cost item on all invoices submitted under the resulting contract. The Contractor will be reimbursed for VAT only to the extent contractor provides documentary proof that VAT has been paid to the host government. Any refund of VAT to the contractor shall be paid over to the Government to the extent the Government reimbursed the contractor for the VAT payment.

B.5 - DEFENSE BASE ACT (DBA) INSURANCE

B.5.1 DBA insurance is required for all United States citizens or residents and individuals hired in the United States, regardless of citizenship for any construction and services for U. S. overseas contracts over US$10,000.00. DBA insurance is also required for all Host Country Nationals (HCNs) and Third Country Nationals (TCNs) working overseas unless waved by the Department of Labor (DOL). Only the countries listed currently on the DOL’s Active DBA Waivers are not required to have DBA insurance for Host Country Nationals (HCNs) and Third Country Nationals (TCNs). See website for country waivers: https://www.dol.gov/owcp/dlhwc/ dbawaivers/dbawaivers.htm). The waiver is only valid if alternative worker’s compensation benefits are provided to the waived employees pursuant to applicable local law. If there are no local worker’s compensation laws, the waiver has no effect and HCN and TCN (if applicable by local law) working under a U. S. contract shall be included and covered under the DBA.

B.5.2 The DBA insurance may be obtained from any authorized DBA insurance broker, see Sub-Section I.14, FAR 52.228-3 WORKER’S COMPENSATION INSURANCE (DEFENSE BASE ACT) (APR 1984). New DBA insurances policies can be purchased directly from any DOL approved insurance carrier. A list of DOL approved carriers may be found at http://www.dol.gov/ owcp/dlhwc/lscarrier.htm.

B.5.3 The Contractor will be reimbursed for DBA only to the extent the contractor provides documentary proof that DBA has been paid and only to the extent quoted in the Pricing Schedule.

NOTE: Cabo Verde is currently not listed on the DOL Active DBA Waiver list and therefore DBA insurance for all personnel (US Citizens, Host Country Nationals (HCNs) and Third Country Nationals (TCNs)) working under this contract is required.

B.6 - PRICE PROPOSAL BREAKDOWN (PPB)

The Price Proposal Breakdown is provided under Section J – List of Attachments The contract resulting from this solicitation shall be a Firm Fixed-Price contract and not a Bill of Quantities (BOQ) type contract providing for unit pricing of items and for payment based on quantity surveys. The total price will therefore not be adjusted upwards or downward to reflect work performed as determined by quantity surveys performed. It is a requirement for offerors to provide a breakdown of proposal by completing the PPB. The PPB shall be adjusted as desired to correspond with his Firm Fixed Price.

The PPB provided is for reference purposes only. The contractor is required to verify the quantities and dimensions based on the drawings and specifications provided, and information acquired during the Site Visit. The contract price will not be adjusted due to increased quantities required during performance of the contract

B.7 - ABBREVIATIONS

CLIN Contract Line Item Number CO Contracting Officer COR Contracting Officer's Representative DOSAR Department of State Acquisition Regulations FAR Federal Acquisition Regulations ILOC Irrevocable Letter of Credit LNTP Limited Notice to Proceed SOW Statement of Work QTY Quantity DBA Defense Base Act Insurance VAT Value Added Tax

Section C - Descriptions/Specifications/Statement of Work

C.1 - PROJECT NAME & LOCATION

Project Identification: Fence Installation Location: U.S. Embassy, Praia, Cabo Verde

C.2 - SCOPE OF WORK

Fabrication and Installation of SMDP Fence line at U.S. Embassy Praia, Cabo Verde The project will occur in (2) Phases as noted in Attachment J.1.A Phase (1) is 1,092 meter of perimeter fencing Phase (2) is 242 meters Once completed the existing perimeter fencing (245 meters) will be removed by the contractor as noted in Attachment J.1.A. There is to be a minmum of 3 meter “clear zone” on each side of the fence as he The fence line must follow the following characteristics as noted in Attachment B (Typical Perimeter Fence Specifications):

Corner Posts, end Posts, and Pull Posts: All posts in this category shall be equivalent to a minimum of 7.3 cm (2-7/8 inch) outside diameter galvanized schedule 40 pipe. All posts are to be plumb within plus/minus 5 degrees in (2) planes. Pull posts shall be used at all abrupt changes in grade and at intervals no greater than 152 meters (500 feet). On runs over 152 meters (500 feet), space pull posts evenly between corner/end posts.

Line Posts: All posts within this category shall be equivalent to a minimum of 6.03 (2 3/8 inches) Outside Diameter galvanized schedule 40 pipe. Posts are to be spaced equidistant in the fence line with a maximum of 3 meters 910 feet) on center. All posts are to be plum within plus/minus 5 degrees in two planes. Spacing between polls is to be approximately 53 feet.

Fence Fabric: The fabric shall not be less than 2.75-meter-high fabric, 50-mm mesh, 3.75 mm wire, 350 gram per m2 zinc coating, ASTM A 392 Class I or equivalent, locally obtained fabric. The top selvage shall be twisted and barbed, and the bottom selvage shall be knuckled. Stretcher bars shall be threaded through the fabric using one bar for each gate and end post and two for each corner and pull post. The fabric shall be pulled tight so that the maximum deflection of the fabric is 5.0cm (2 inches) when a 22.6 kg (50 pound) pull is exerted perpendicular to the center of the panel. Maintain tension by securing stretcher bars to posts with metal bands spaced do father than 38.1 centimeters (15 inches) to the center. Fasten the fabric to the steel framework with9-gauge steel wire ties spaced to farther than 30.5 centimeters (12 inches on center for all posts, rails, braces and tension wires. Fabric will both be free to move along the framework. The fence shall be grounded every 100 meters(110 feet) by a 1.8-meter (6 feet) ground rod connected to the fence fabric with grounding clamps and number 10-gauge wire.

Rust protection: All galvanized steel tubing shaall be triple coated for rust protection using an in-line electroplating coat process. All galvanized steel tubing shall be internall coated with zinc and organic coatings to prevent corrosion.

Outriggers: Provide outrigger assemblies with three (3) strands of barbed wire on the top of each fence, angled to the outside of the fenced area.

Lighting with associated Power and generator support. Lights are to be position every 16 meters apart along the fence line.

Minimum specifications for the lighting area:

Pole Height = 20 ft Road Width = 6.0 ft Lumens = 12156 Power = 144 Cu = 0.18

LLD = 0.8

LDD = 0.90

SHR < 3

Eh = 5 Gates: The first gate should positioned on the south east border of the property parallel to Avenida de Lisboa. The second gate the other gate should be along the northern border of the property parallel to what is listed as “rua Conego Jacinto” (or alternatively may be known as Rua de Varzea, The exact position must provide access to the interior of the property. Attachment D is a reference and not confirmed location Supply and installation of climate-controlled guard booth. Guard booth is to be able to house 2 personnel under its own power. See Attachment D is for reference but not confirmed. It should be on the northern border of the fence.

The Contractor is responsible for safety and shall comply with OSHA regulations and where applicable, local labor laws, regulations, customs, and practices pertaining to labor, safety and similar matters. The Contractor shall promptly report all accidents resulting in lost time, disabling, or fatal injuries, to the COR.

Curb cuts: The Contractor shall replace existing concrete curbstones in front of the two gates with sawales that will allow wheeled vehicles (forklifts, cranes, and small trucks) to move from the street level t the interior of the TSSA.

The Contractor shall ensure perfect restoration of all pavement floors that

C.3 - PROJECT SPECIFICATIONS

Project Specifications are included at Section C.1. Any inconsistencies in the contract requirements shall be resolved by giving precendence in the order outlined in Section I, FAR 52.215-8 - Order of Precedence - Uniform Contract Format; however, any inconsistencies in respect to the Project Drawings and Specifications shall be governed by FAR 52.236-21.

C.4 - PROJECT DRAWINGS

Project Drawings are included at Section J. Any inconsistencies in the contract requirements shall be resolved by giving precendence in the order outlined in Section I, FAR 52.215-8 - Order of Precedence - Uniform Contract Format; however, any inconsistencies in respect to the Project Drawings and Specifications shall be governed by FAR 52.236-21.

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

(a) The Contracting Officer may designate in writing one or more Government employees, by name and position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer's Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation.

(b) The COR, who will be appointed at the time of contract award, is responsible for inspection and acceptance of services. These duties include review of Contractor invoices, including the supporting documentation required by the contract. The COR may provide technical advice, substantive guidance, inspections, invoice approval (except for the final invoice, which must be approved by the Contracting Officer), and other purposes as deemed necessary under the contract. The COR is designated as the authority to act for the Contracting Officer in matters concerning technical clarification, random inspection of Contractor performance to ensure compliance with contract specifications and acceptance of the Contractor's performance under this contract. The COR will coordinate all work with the Contractor during the term of this contract. The COR is not authorized to alter the contract's terms, or conditions, including the design to budget parameter. Such changes must be authorized by the Contracting Officer in a written modification to the contract.

Section D - Packaging and Marking

D.1 - DUTY-FREE CLEARANCE

In accordance with procedures described in Section 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 (CONTRACT 19GE50-22-C-XXXX) to be completed by the Contractor. Items shall be marked as “Diplomatic Cargo”.

D.1.1 Material Shipping/Customs Clearance

Material Shipping/Customs Clearance Materials for this project shall be shipped to:

U.S. Embassy Praia, Cabo Verde

D.1.2 Free Entry of Goods

To obtain a free entry for the goods the contractor shall provide the COR with the following documentation thirty (30) days prior to the arrival of goods:

- Detailed description of goods (including number of crates)

- Approximate weight

- Approximate value of good

- Mode of shipment

The Contractor shall provide an Advance Notice to the U.S. Embassy shipping office twenty (20) calendar days before any shipment is to be made.

D.1.3 Customs Clearance and Delivery

The Contractor should estimate a reasonable number of days for custom clearances and delivery.

Should the contractor fail to provide any required paperwork for the custom clearance process to the U.S. Embassy Freetown shipping office and the custom clearances procedure is delayed the contractor shall be required to pay any additional costs occurred (storage fees).

652.229-70 - EXCISE TAX EXEMPTION STATEMENT FOR CONTRACTORS WITHIN THE UNITED STATES (JUL 1988)

This is to certify that the item(s) covered by this contract is/are for export solely for the use of the U.S. Foreign Service Post identified in the contract schedule.

The Contractor shall use a photocopy of this contract as evidence of intent to export. Final proof of exportation may be obtained from the agent handling the shipment. Such proof shall be accepted in lieu of payment of excise tax.

(End of clause) Associated Lines:The Department of State employs Contractors to support mission objectives throughout the world. Some Contractors recruit third country nationals for contract performance and import labor. The clause Recruitment of Third Country Nationals (TCN) for Performance on Department of State Contracts shall be included in any solicitation and contract (including commercial items) valued over $150,000 requiring non-professional labor where contract performance will require recruitment of third country national labor specifically for contract performance. The Contractor is required to submit a recruitment plan and housing plan. The following items should be address in each plan

Recruitment Plan

State the anticipated number of workers to be recruited, the skills they are expected to have, and the country or countries from which the Contractor intends to recruit them.

1. Explain how the Contractor intends to attract candidates and the recruitment strategy including the recruiter.

2. Provide sample recruitment agreement in English.

3. State in the plan that the recruited employee will not be charged recruitment or any similar fees. The Contractoror employer pays the recruitment fees for the worker if recruited by the Contractor or subcontractor to work specifically on Department of State jobs.

4. State in the plan that the Contractor’s recruitment practices comply with recruiting nation and host country labor laws.

5. State in the plan that the Contractor has read and understands the requirements of FAR 52.222-50 Combating Trafficking in Persons.

6. Contractor and subcontractors shall only use bona fide licensed recruitment companies. Recruitment companies shall only use bona fide employees and not independent agents.

7. Contractor will advise the Contracting Officer of any changes to the Recruitment Plan during performance and provide updates for approval.

Housing Plan

The Contractor will submit a Housing Plan if the Contractor intends to provide employer furnished housing for TCNs. The Housing Plan must describe the location and description of the proposed housing. Contractors must state in their plan that housing meets host country housing and safety standards and local codes or explain any variance. Contractor shall comply with any Temporary Labor

Camp standards contained in this contract. In contracts without a Temporary Labor Camp standard, fifty square feet is the minimum amount of space per person without a Contracting Officer waiver. Contractor shall submit proposed changes to their Housing Plan to the Contracting Officer for approval.

The Department of State Contractor will treat employees with respect and dignity by taking the following actions:

1. Contractor may not destroy, conceal, confiscate, or otherwise deny access to an employee’s identity documentsor passports.

Contractors are reminded of the prohibition contained in Title 18, United States Code, Section 1592, against knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document to prevent or restrict the person’s liberty to move or travel in order to maintain the services of that person, when the person is or has been a victim of a severe form of trafficking in persons. Contractor must be familiar with any local labor law restrictions on withholding employee identification documentation.

2. Contractor shall provide employees with signed copies of their employment contracts, in English and the employee’s native language, that define the terms of employment, compensation including salary, overtime rates, allowances, salary increases, job description, description of any employer provided housing, benefits including leave accrual, and information on whether hazardous working conditions are anticipated. These contracts must be provided prior to employee departure from their countries of origin.

Contractors will provide workers with written information on relevant host country labor laws. Fraudulent recruiting practices, including deliberately misleading information, may be considered a material breach of this contract.

3. Contractor shall provide all employees with a “Know Your Rights” brochure and document that employees have been briefed on the contents of the brochure. The English language version is available athttp://www.state.gov/g/tipor from the Contracting Officer.

4. The Contractor shall brief employees on the requirements of the FAR 52.222-50 Combating Trafficking in Persons including the requirements against commercial sex even in countries where it is legal and shall provide a copy of the briefing to the Contracting

Officer Representative (COR).

5. Contractor shall display posters in worker housing advising employees in English and the dominant language of the Third Country Nationals being housed of the requirement to report violations of Trafficking in Persons to the company and the company’s obligation to report to the Contracting Officer. The poster shall also indicate that reports can also be submitted to the Office of the

Inspector General (OIG) Hotline at 202-647-3320 or 1-800-409-9926 or via email atOIGHOTLINE@STATE.GOV.

6. Contractor shall comply with sending and receiving nation laws regarding transit, entry, exit, visas, and work permits.

Contractors are responsible for repatriation of workers imported for contract performance except an employee legally permitted to remain in the country of work and who chooses to do so; or an employee who is a victim of trafficking seeking victim services or legal redress in the country of employment or a witness in a trafficking-related enforcement action.

7. Contractor will monitor subcontractor compliance at all tiers. This includes verification that subcontractors are aware of, and understand, the requirements of FAR 52.222-50 Combating Trafficking in Persons and this clause. Contractors specifically agree to allow U.S. Government personnel access to Contractor and subcontractor personnel, records, and housing for audit of compliance with the requirements of this clause.

8. The Contractor agrees to include this clause in all subcontracts over $150,000 involving recruitment of third country nationals for subcontractor performance. On contracts for other than commercially available off the shelf items, Contractor will certify with the submission of their proposal and annually thereafter that the Contractor and subcontractors have a compliance plan in place appropriate to the size and nature of the program to prevent trafficking activities and to comply with the provisions of this clause. The certification will confirm that, to the best of its knowledge and belief, neither the prime nor subcontractor have engaged in any trafficking related activities described in section 106(g) of the Trafficking Victims Protection Act (TVPA) or the prohibitions of this clause.

Contracting Officer Representatives (CORs) shall evaluate Housing Plan compliance with random, at least semi-annual inspections.

Inspections shall be coordinated with Regional Security Officers to ensure the safety of inspection personnel. Inspections should include a common sense evaluation of living conditions taking into account local standards, contract requirements, and the Contractor’s Housing Plan.

CORs may consider local government inspection and certification of housing if available, but final evaluation and determination of acceptability rests with the COR.

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) drawing 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 contract which has not been made public, except to the extent necessary to perform their required duties in the performance of the contract 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 contract 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 contract 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 contract or at any other point in time. The Contract 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 contract which could potentially result in disclosure of any information related to design, construction or maintenance of a diplomatic facility overseas. Legal disputes include legal actions submitted to civil, criminal, local or federal courts, as well as disputes submitted to arbitration or mediation. This responsibility to notify the Contracting Officer shall not cease upon the expiration or termination of this contract. The Contractor hereby agrees to be responsible for all costs associated with the release, whether authorized or unauthorized, of "Classified" or "Sensitive but Unclassified" information for which the Contractor or a subcontractor at any level is responsible, including releases associated with legal disputes, and agrees to fully indemnify the government for any expense that the government incurs as a result of the release or use of "Classified" or "Sensitive but Unclassified" information including all costs associated with steps taken by the government to mitigate exposure in anticipation of the use of "Classified" or "Sensitive but Unclassified" information in legal disputes and/or costs which result from mitigation of the release of "Classified" or "Sensitive but Unclassified" information. This indemnity agreement made herein by the Contractor includes all disputes with, between, and among the Contractor and any party and the Contractor's sub-contractors, to the lowest tier and any party. This agreement by the Contractor to fully indemnify the government shall not cease upon the expiration or termination of this contract. The Contractor shall include the substance of this provision in all subcontracts

Section E - Inspection and Acceptance

E.1 - INSPECTION OF CONSTRUCTION

The Contractor is required to maintain an adequate inspection system that ensures all contractual obligations are meet under the terms and conditions of the contract. 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

Please see the following definitions below:

E.2.1 Substantial Completion The stage in the progress of the work as determined and certified by the Contracting Officer or Contracting Officer’s Representative (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 Contract Documents, that it may be occupied or utilized for the purpose for which it is intended, and only minor items such as touch-up, adjustments, and minor replacements or installations remain to be completed or corrected which:

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

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

E.2.2 Date of Substantial Completion Inspection The date determined by the Contracting Officer or Contracting Officer’s Representative (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. The inspection and tests will be started not later than the date specified in the aforesaid notice unless the COR determines that the work is not ready for inspection and so informs the Contractor.

E.2.4 Use and Possesion 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 enumerating items of work remaining to be performed, completed or corrected before final completion and acceptance. However, failure of the COR 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.

E.3 - USE OF EQUIPMENT BY THE GOVERNMENT

The following sections below describe the use of equipment by the Government in performance of the contract requirements.

E.3.1 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.3.2 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.3.3 Effect on Warranties

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.4 - FINAL COMPLETION AND ACCEPTANCE

The following sections below describe the terms and conditions for the final completion and acceptance of construction services.

E.4.1 Definitions The "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 contract has been completed in a satisfactory manner in accordance with the requirements thereof, subject to the discovery of defects after final completion, and except for items specifically excluded in the notice of final acceptance.

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.4.2 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. Final inspection and tests will be started not later than the date specified in the aforesaid notice unless the COR determines that the work is not ready for final inspection and so informs the Contractor.

E.4.3 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, subject to the discovery of defects after final completion, and (c) submittal by the Contractor of all documents including contractor close-out documents, and other items required upon completion of the work, in- cluding a final request for payment, and if the COR is satisfied that the work under the contract is complete and the contract has been fully performed, with the exception of continuing obligations there under, the COR shall issue to the Contractor a notice of final acceptance and process final payment as required by the contract.

E.5 - QUALITY ASSURANCE AND CONTROL

A principal factor of performance on a project is the Contractor’s control of the quality of workmanship. The Contractor shall establish and maintain a project-specific Quality Management Program (QMP) which defines and implements a quality system. The quality system is a documented organizational process which describes responsibilities, procedures, and resources for providing quality control and quality assurance on a project. Effectiveness of the QMP is achieved through adequate planning, forceful direction, and checking in the sense of measurement and evaluation. The QMP applies to the control of quality throughout all areas of contract performance.

E.5.1 Quality Management Program The Contractor’s QMP shall be Facility Management Office (COR)-approved to provide employees, consultants, and/or joint-venture partners with established, uniform procedures for production of project data and documents throughout the construction process.

Principal functions of the QMP are the following:

E.5.1.1 Quality Control (QC) Operational techniques and activities that are used to fulfill requirements for construction quality.

E.5.1.2 Quality Assurance (QA) Documentation of planned and systematic actions required to provide confidence that construction services provided are based on project requirements and satisfy stated requirements for quality.

E.5.2 Audits After award of the Contract The Government may perform audits of the Contractor’s QMP to periodically assess conformance with the QMP in accordance with the provisions of Section E of the contract. Disapproval of the program, or major portions, may be cause for a delay in progress of the project’s development or, in some cases, withholding acceptance of the Contractor’s performed services. The Government may examine the Contractor’s existing quality system prior to award of this contract as part of a pre-contract assessment, in order to determine the ability of the Contractor to satisfy the “quality” requirements of this contract.

E.5.3 Agreement on Quality Assurance The Contractor shall develop a clear understanding with all his consultants on quality assurance matters for which the contractor are responsible, and the quality assurance program of the contractor shall be integrated with that of the Contractor of record.

E.5.4 QMP Submittal Requirements The QMP shall be structured and developed to include the following minimum requirements:

E.5.4.1 Organizational Structure The Contractor shall define and submit a QMP organizational structure within 15 days of contract award, including charts and a description of responsibilities of key persons who will perform the services. Persons responsible for interface with the Government, including the security manager and QMP Manager must be identified. A separate list should also include all team members, including consultants with telephone and email addresses.In addition to the submittal of a Quality Management Plan within fifteen (15) calendar days after contract award, the Contractor shall also submit a preliminary Quality Management Program as part of their proposal (See L.5.5.3 (E)).

E.5.4.2 Quality Policy The Contractor shall have a stated corporate quality policy. This policy shall be consistent with the Contractor’s quality policy in the QMP. Necessary measures shall be taken by the Contractor to ensure that the corporate quality policy is understood, implemented, and maintained by all employees of the Contractor and the Contractor’s subcontractors.

E.5.4.3 Building Standards Construction must comply with the building codes and standards as detailed within the project drawings and specifications in addition to conforming to each volume, as applicable, of the 2009 International Code Council body of codes. Inconsistencies among codes and standards shall be brought in writing to the attention of the COR. The COR will resolve any inconsistencies.

E.5.4.4 Other Procedures Other…