19GE5022R0118.pdf

19GE5022R0118

SOLICITATION,OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

19GE5022R0118 SEALED BID (IFB)

X NEGOTIATED (RFP)

2. TYPE OF SOLICITATION 3. DATE ISSUED

08/15/2022

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 receiving30 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.

13:00 Europe/Amsterdama.

09/15/2022

b. An offer guarantee X is, 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 SARAJEVO

ROBERTA C. FRASUREA 1

ATTN: FMO

SARAJEVO, BOSNIA AND HERZEGOVINA 71000

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)

Nicolas Wilhelm

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

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

BY

08/15/2022

31c. DATE

STANDARD FORM 1442 (REV. 4-85)BACK

Table of Contents

Section Description Page Number

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 BREAKDOWN OF PRICE PROPOSAL

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)

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.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 NATIONALS

H.1 BOND REQUIREMENTS

H.2 INSURANCE

H.3 DEFINITIONS

H.4 OWNERSHIP AND USE OF DOCUMENTS

I Contract Clauses 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.229-12 Tax on Certain Foreign Procurements (Feb 2021) 52.249-10 Default (Fixed-Price Construction) (Apr 1984) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.228-14 Irrevocable Letter of Credit (Nov 2014) 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)

52.204-8 Annual Representations and Certifications (Jan 2020)

J List of Attachments

J.1 PROJECT DRAWINGS/ATTACHMENTS

K Representations, Certifications, and Other Statements of Offerors or Respondents 52.236-28 Preparation of Proposals-Construction (September 2019) 52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan - Certification (Aug 2009)

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

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) 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) 52.204-8 Annual Representations and Certifications (May 2022) 52.204-3 Taxpayer Identification (Oct 1998) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation (Nov 2015) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.209-5 Certification Regarding Responsibility Matters (Aug 2020)

652.228-70 DEFENSE BASE ACT - COVERED CONTRACTOR EMPLOYEES (FEB 2015)

K.1 CERTIFICATION

K.2 AUTHORIZED CONTRACT ADMINISTRATOR

K.3 CONTRACTOR RECRUITMENT OF THIRD COUNTRY NATIONALS (TCNs) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.225-18 Place of Manufacture (Aug 2018)

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) 52.204-6 Unique Entity Identifier (Oct 2016)

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:

19GE5022R0118

Contract Number: Title: Chief of Mission Residence Stabilization Project

Date of Solicitation:

08/15/2022

Line Item No.

Description Quantity Unit Unit Price Total Cost

001 CONSTRUCTION SERVICES FOR THE SITE

DDEMOLITION AND SOIL STABILIZATION FOR

THE CHIEF OF MISSION RESIDENCE

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

Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LS

002 Value Added Tax (VAT) of 17% Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

0.00 LS

003 Defense Base Act Insurance (DBA) Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

0.00 LS

B.1 - SERVICES

The Contractor shall perform Construction Services for the Site Demolition and Soil Stabiilzation for the Chief of Mission Residence Site (CMR), Sarajevo.

All work shall be performed in accordance with the specifications and statement of work contained in this solicitation and 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 SITE DEMOLITION AND SOIL:

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

002 VAT (17%)

003 Defense Base Act Insurance (DBA) Grand Total: CLIN 001 through CLIN 003

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

All purchases of goods, materials and services in Bosnia-Herzegovina are normally subject to Value Added Tax (VAT) and must be paid by the Contractor. The Contractor will facilitate the necessary requirements to ensure that the USG is not charged VAT on its purchases of goods or services provided in connection with this project. The Valued Added Tax (VAT) rate is 17%.

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.

B.5.4 DBA insurance cost will be evaluated as part of the total evaluated fixed price and included in the fixed price of the contract. Where DBA is applicable, the Contractor will be required to provide evidence of insurance (certification of coverage and a paid invoice) within 15 calendar days from the date of award.

B.5.5 Due to the fact that Bosnia-Herzegivina is currently NOT included on the DOL’s active waiver list, DBA insurance is required for only United States citizens or residents and individuals hired in the United States working on this project.

B.6 - BREAKDOWN OF PRICE PROPOSAL

A Bill of Quantities Breakdown is provided under Section . The Contractor shall complete the attachment and ensure that the total amount matches that of the total firm fixed-price proposal in the offeror’s price proposal in Section B.3.1.

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: Chief of Mission (CMR) Existing Site Demolition and Soil Stabilization Location: Sarajevo, Bosnia & Herzegovina.

C.2 - SCOPE OF WORK

The scope of work requires the successful Contractor to provide construction services, and furnish all labor and materials to fulfill the requirements of this contract, for the demolition and site stabilization services, contract coordination and supervision, including but not limited to the management and activities necessary to meet the requirements of this contract within the established schedules.

Contractor shall execute this project in accordance with the Construction Documents (drawings, and bill of quantities) referenced herein.

C.3 - PROJECT SPECIFICATIONS

Project Specifications are included in the Statement of Work provided 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.

Site Description The site is located in the area of Canton of Sarajevo The site is bounded along its full perimeter by Alipasina Street to the East, the Government of the Federation of Bosnia and Herzegovina Office Building to the South, Federal Government property to the North and Residential property to the West. Refer to Book 2 “Architectural Existing Drawings – Sheet A00” for site boundaries.

The site is approximately 2.22 acres in size and developed as shown in Book 2 “Architectural Existing Drawings – Sheet A00” for site boundaries The site is relatively flat with the exception of a steep slope at the western end of the property, adjacent to a residential area. Refer to Book 3 “Part 8 Drawings – Sheet GP_3A” for site boundaries for site topography.

Major Project Elements included in this contract.

Buildings: Demolition of the existing structures Site Elements: Land Grading and Slope Protection Erosion and Sediment Control Project Security The Contractor shall comply with the Government’s requirements for participating in the Project security procedures as specified in this and subsequent Contract Sections. The Contractor shall also comply with requirements requested after issuance of the Notice to Proceed (NTP). The Contractor shall afford unrestricted access to work, allow surveillance and inspection by any Government personnel as authorized by the PD/COR, and perform required security work when directed by PD/COR. The Contractor shall maintain security, avoid the compromise of project information caused by unauthorized disclosures, and obtain appropriate security checks The Contractor shall perform work in accordance with all current RSO/Post instructions. A copy of these can be provided in the amendment(s) following site visit or joint meetings.

Limit of Disturbance The Contract includes:

All work within the perimeter of U.S. Government (USG) property.

Coordinate with local utility providers on the removal and disconnect of existing utilities.

Protection of Adjacent Properties: The Contractor shall prevent and repair any damage to surrounding and adjacent properties arising from performance of the work. GC shall, in conjunction with the COR, take inventory photos of all existing areas where work is to be accomplished. This baseline photography will be used as the pre-existing condition status of facilities or landscape.

Project Site boundaries and any requirements/restrictions pertaining to the access and utilization of the site will be discussed with the potential contractors on site, prior to the submittal of Bid/Proposal. Minutes of these discussions will become part of the contract.

Permits and Licenses The Contractor is responsible for obtaining all permits required to execute this contract.

Contractor shall provide all drawings and documents needed to obtain those permits and licenses for which they are responsible, as well as official translations as required to execute those permit actions.

Contractor shall submit all drawings to the COR for approval prior to releasing drawings to local permitting and/or licensing agencies for any permits.

Work by Other Contractors Contractor shall afford other entities reasonable opportunity for:

Access to the site.

Introduction and storage of their materials and equipment.

Performance of their activities.

TECHNICAL REQUIREMENTS

Applicable Building Code The scope of this project is governed by the appropriate local codes:

Contractor shall comply with the local building codes to include, but not limited to, demolition and disposal of construction and hazardous material.

The Contractor shall comply with the local building codes to include, but not limited to, geotechnical, earth work, grading, and slope stabilization Hazardous Materials The Contractor shall test any material encountered suspected to contain hazardous substances and bring to the immediate attention of the Project Director/COR.

All Hazardous Materials shall be collected, transported and disposed of in accordance with the applicable local laws and regulations Protective clothing and equipment: The Contractor is responsible for the purchase and distribution of personal protective clothing and equipment as required by local laws and regulations.

C.4 - PROJECT DRAWINGS

Project Drawings and other addtional supplemental information is provided 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:

to be provided upon award 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 twenty (20) days prior to the arrival of goods:

- Detailed description of goods (including number of crates)

- Approximate weight

- Approximate value of goods

- Mode of shipment

The Contractor shall provide an Advance Notice to the U.S. Embassy shipping office thirty (30) 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 Guatemala 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:

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 (QMP) 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 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 procedures shall address construction management, procurement activities, construction management, quality records, and audits.

E.5.4.5 Security and Communications Interface The Contractor’s QMP shall provide for integration of security and communications requirements into the project.

E.5.4.6 Checking, Coordinating, and Integrating Drawings Quality Control procedures shall be established to ensure individual drawings and other documentation have been checked and that all documentation, including that of the supporting disciplines (e.g., civil, structural, mechanical, electrical) have been coordinated and integrated. Deficiencies, ambiguities, conflicts, and inconsistencies shall be corrected prior to construction. Similar procedures shall be established to ensure that work in place complies with code requirements without the need for the USG to identify defects and initiate corrective action.

E.5.4.7 Document Control The QMP shall ensure that documents, including subsequent changes, will be reviewed for adequacy, approved for release by authorized personnel, and properly conveyed to the Government. Persons responsible for reviewing, approving, and releasing new and revised documents shall be identified.

E.5.4.8 Corrective Action The QMP shall clearly define responsibilities and procedures for corrective action in the event that deficiencies in construction services or resulting deliverables are found to exist.

E.5.5 QMP Reporting The Contractor shall prepare a sample Quality Assurance (QA) Report to be submitted as part of the solicitation package this sample report shall be updated and submitted with 15 calendar days from contract award. This report shall identify the QMP procedures used to review drawings and data for these submissions identifying steps taken to coordinate all drawings and documents provided by the Government and shall show contractors coordination with the subcontractors. The report shall include:

1. QC Status of the project include evidence of QC effort by inclusion of notes, comments, dialogue and discussion among and between disciplines of QC input and adjudication;

2. Significant Program Problems and their solutions/corrective actions;

3. Organization and Key Personnel Changes to be submitted within 5 working days in advance of the proposed change;

4. Certification of completion of QMP procedures and submission completeness;

5. Construction Documents Compliance Letter for the construction works

52.246-12 - Inspection of Construction (Aug 1996)

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

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

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

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

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

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

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

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

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

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately.

Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

(End of clause)

Section F - Deliveries or Performance

F.1 - COMMENCEMENT, PROSECUTION & COMPLETION OF WORK (FAR 52.211-10 APR 1984)

F.1.1 SUBMITTAL PROCEDURES

Effective from the date of contract award, the Contractor shall be required to commence with all administrative and procedural requirements for submitting Shop Drawings, Product Data, Samples and other submittals, as described in the project specifications, and to provide to the Government all Submittal documents for review within 30 calendar days. The time stated for submission shall include the time required for mailing.

It is anticipated for the government to require a period of approximately 14 calendar days to review the submittal documentation.

TOTAL DURATION SUBMITTAL PROCEDURES: 44 calendar days

F.1.2 EQUIPMENT AND MATERIAL PURCHASE

Upon approval of the submittals, the Contractor shall be required to purchase all necessary equipment and materials and arrange for transportation and shipment to the project site within 90 calendar days after issuance of a “Pre-Construction Notice to Proceed”

(PCNTP).

TOTAL DURATION EQUIPMENT/MATERIAL PURCHASE: 90 calendar days

F.1.3 CONSTRUCTION WORK

Construction portion of the contract: The Contractor shall be required to (a) commence on-site construction work under this contract within 14 days after the issuance date of the “Construction Notice To Proceed” (CNTP), (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 190 calendar days after the issuance date of the FCNTP. The time stated for the construction portion of the contract shall include final cleanup of the premises, completion of punch-list items and all other items specified in the contract.

TOTAL DURATION CONSTRUCTION WORK: 190 calendar days

The time stated for the construction portion of the contract shall include:

Mobilization Construction Completion of punch-list items Final cleanup of the premises Close-out Procedures All other items specified in the contract

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

The project schedule is a key parameter of this project, and completion of the construction effort within the allocated period is key to the project as a whole.

F.2.1 Liquidated Damages In accordance with FAR 52.211-12:

(a) If the Contractor fails to complete the work within the time specfied in the contrct, the Contractor shall pay liquated damages to the Government in the amount of USD $240.00 for each calendar day of delay until the work is completed of accepted.

(b) If the Government terminated the Contractor's right to proceed, liquated damages will continue to accrue until the work is completed. The liquated damages are in addition to excess costs of repurchase under the Termination clause F.2.2 Assessment & Apportionment of Liquated Damages Liquidated damages will be assessed from the completion date indicated in the contract or extensions thereof to the date of substantial completion as actually achieved by the Contractor, as determined by the Contracting Officer.

F.3 - 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 within 15 calendar days after contract award.

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

The Contractor shall submit a schedule, which sequences work to minimize disruption at the job-site.

(d) All deliverables shall be in the English language, unless otherwise provided hereunder, and any system of dimensions (i.e., metric) shown shall be consistent with that used in the contract. No extension of time shall be allowed for delay by the Government in approving such deliverables if the Contractor has failed to act promptly and responsively in submitting its deliverables. Each deliverable shall be identified as required by the contract.

F.4 - DELIVERABLES

The Contractor shall provide the following deliverables/submittals when required. Additional deliverables mandated by statute or Federal Regulation may be required. The CO shall notify the Contractor in writing of any additional deliverables with the required due dates. The deliverables shall be submitted in a timely fashion and at no additional cost to the Government.

CO Contracting Officer COR Contracting Officer's Representative LNTP Limited Notice to Proceed FNTP Full Notice to Proceed

*All days are understood as calendar days.

Contractor Deliverables:

Description Qty Delivery Date Deliver To H.1.1 Payment Bond (Irrevocable Letters of Credit)

1 30 calendar days prior to Construction Notice to Proceed

CO

H.1.1 Performance Bond (Irrevocable Letter of Credit)

1 30 calendar days prior to Construction Notice to Proceed

CO

H.2 General Liability Insurance 1 Within 30 calendar days after Contract Award

CO

B.5 Defense Base Act Insurance 1 Within 30 Calendar Days after Contract Award

CO

H.12.1 Safety Plan 1 Within 15 calendar days after Contract Award

COR

F.3 Construction Schedule 1 Within 15 calendar days after Contract Award

COR

H.15.1 Submittal Register 1 Within 15 calendar days after Contract Award

COR

H.14.4 Contractor personnel information to RSO for vetting

1 Within…