19GE5023Q0001.pdf

19GE5023Q0001

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDEX

1. REQUEST NO.

19GE5023Q0001

2. DATE ISSUED

12/05/2022

3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2 AND/

OR DMS REG. 1

RATING

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

60435, FRANKFURT, GERMANY

5a. ISSUED BY 6. DELIVER BY (date) 03/17/2023

7. DELIVERY

OTHER

(See Schedule)

FOB DESTINATION X

9. DESTINATION

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

a. NAME OF CONSIGNEE

NAME: David D. Machen EMAIL: machendd@state.gov

TELEPHONE NUMBER

8. TO: AMERICAN EMBASSY SKOPJE

UL. SAMOILOVA # 21, 1000

ATTN: GSO/WAREHOUSE

b. STREET ADDRESS

c. CITY

SKOPJE

a. NAME b. COMPANY

c. STREET ADDRESS Contact: UEI:

d. CITY e. COUNTRY f. ZIP CODE d.

COUNTRY

MKD

e. POSTAL CODE

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

12/30/2022 15:00

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

SEE LINE ITEMS SECTION

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations [ ] are [ X ] are not attached.

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO SIGN

QUOTATION

15. DATE OF

QUOTATION

a. NAME OF QUOTER

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

c. COUNTY AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or print) NUMBER

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

Line Item Summary

Solicitation Number:

19GE5023Q0001

Contract Number: Title: Skopje - Forensic Medicine Institute Renovation

Date of Solicitation:

12/05/2022

Line Item No.

Description Quantity Unit Unit Price Total Cost

001 CLIN 0001: CONSTRUCTION SERVICES

Construction services necessary to renovate the storage rooms of the Forensic Medicine Institute, as described in the SOW.

To include all labor, materials, equipment, transportation, overhead, other indirect costs, costs for insurance (other than DBA), and profit;

Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LS

002 CLIN 0002: DEFENSE BASE ACT (DBA)

Insurance (as applicable) Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LS

003 CLIN 0003: VALUE ADDED TAX

(as applicable) Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LS

Clause Title Fill-ins

52.228-2 Additional Bond Security (Oct 1997)

52.228-12 Prospective Subcontractor Requests for Bonds (May 2014)

52.228-15 Performance and Payment Bonds-Construction (Jun 2020)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

52.225-14 Inconsistency Between English Version and Translation of Contract (Feb

2000)

52.228-3 Workers' Compensation Insurance (Defense Base Act) (July 2014)

52.236-7 Permits and Responsibilities (Nov 1991)

52.236-21 Specifications and Drawings for Construction (Feb 1997)

52.242-14 Suspension of Work (Apr 1984)

52.246-21 Warranty of Construction (Mar 1994)

52.236-14 Availability and Use of Utility Services (Apr 1984)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran--Representation and Certifications (Jun 2020)

Clauses included by reference only:

Clause Title Fill-ins

52.204-16 Commercial and Government Entity Code Reporting (Aug 2020)

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

52.204-22 Alternative Line Item Proposal (Jan 2017)

B. - THE SCHEDULE

B.1. Contract Type

This is a firm fixed-price contract. 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, as determined and approved by the Contracting Officer.

B.2. Contract Price

B.2.1 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, profit, travel, DBA Insurance, and any other costs required to perform and complete all design and construction services, in accordance with the Statement of Work (SOW), drawings, specifications, and all other contract terms and conditions stated within the contract.

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

B.2.2 Insurance required by FAR 52.228-3, Workers’ Compensation Insurance (Defense Base Act), shall be part of the firm fixed-price. Any costs not priced will be included in overhead and other indirect costs.

B.2.3 COVID-19 Related Costs. The firm-fixed price for CLIN 0001 shall include any and all COVID-19 related costs, which shall include, but not limited to, COVID-19 required testing and quaranteen expenses. The Contractors shall familiarize themselves with all current COVID-19 conditions existing for entering the country of performance, which may have a financial impact in performing the services listed in the contract. This shall include a thorough examination of any quarantine requirements, or other such regulations which would be applicable to individual contractors.

B.2.4 Bill of Quantities / Breakdown of Price Quote

Bills of Quantities (BOQ) are provided in the attachments (see Section J.1). The contract resulting from this solicitation shall be a Firm Fixed-Price contract and not a BOQ type contract providing for unit pricing of items and for payment based on quantity surveys.

Therefore, the total price will not be adjusted upwards or downward to reflect work performed as determined by quantity surveys performed.

B.3. Total Contract Price The Offeror shall insert their total price proposal costs as follows:

CLIN Description Price

Construction services for the renovation of storage rooms of the Forensic Medicine Institute, as described in the SOW, to include all labor, materials, equipment, transportation, overhead, other indirect costs, costs for insurance (other than DBA), and profit;

0002 Defense Base Act Insurance (DBA) (as required)

0003 Value Added Tax (as applicable)

Grand Total Contract Price CLINs 001 - 0003

State Currency: __________________________________________

The offeror shall clearly identify and state the currency for all costs in their price quote. 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. Defense Base Act (DBA) Insurance

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$3,500.00. 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.

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.

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.

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.

North Macedonia is currently not included on the DOL’s active waiver list, therefore DBA insurance is required for all employees performing work on this contract.

B.5. Value Added Tax (VAT)

B.5.1 Contractors shall be responsible, wherever applicable, to pay the appropriate rate of Value Added Tax, as required for all taxable goods and services. Offerors shall identify Value Added Tax (VAT) as a separate line item in Section B.3.

B.5.2 Local North Macedonian Contractors (Operating from a business address within the country):

The Contractor will be reimbursed for VAT only to the extent that the contractor provides documentary proof that VAT has been paid to the host government against a valid North Macedonian VAT registration number.

B.5.3 International (non-North Macedonian) Contractors:

The Contractor will be reimbursed for VAT only to the extent contractor provides documentary proof that VAT payments have been made to either the host government and/or suppliers/subcontractors.

B.5.4 Any refund of VAT to the Contractor shall be paid to the Government to the extent the Government reimbursed the contractor for the VAT payment.

B.5.5 Value Added Tax shall also be reflected as a separate cost item on all invoices submitted under the resulting contract.

C. - STATEMENT OF WORK

PROJECT DESCRIPTION

Introduction

The main goal of this project is the reconstruction (renovation and adaptation) of part of the existing spaces for receiving, processing, and storing evidence material, as well as rooms for storing chemicals, in conjunction with the Institute of Forensic Medicine in Skopje.

The existing spaces intended for these functions do not satisfy the basic spatial and functional requirements and capacities for the unhindered performance of these daily activities of the department.

These spaces require reconstruction to enable the proper handling, processing and storage of evidential material, handling and storage of chemicals, all according to the minimal standards for this type of activity.

One thing must be clear: with this project, it is not possible to solve the needs for spatial capacities - the capacities of the rooms are given and are used as much as possible.

All interventions are on level -1 (basement), as mentioned above, on already existing facilities and uses.

The main problem in functioning is the inadequate building structure (previous reconstructions and space conversions) and dilapidation of some of the building elements.

Civil works

1. Evidence storage rooms

Two rooms, namely:

Room 01, with access from the rear courtyard of the Institute, with access at the same basement level by vehicle. Located next to the entrance (reception) of the autopsy.

Partly covered with a roof slab with greenery above it, and partly with an improvised tin roof. The main disadvantage is leakage and moisture from the roof and basement wall.

Room 02, with access from the autopsy room. Covered with an improvised tin roof. The main disadvantage is leakage and moisture from the roof and basement wall.

Both rooms are part of a former extension, it is obvious that they were not included in the initial plans of the building (at least not in that place). Inadequate in size, shape, access and location for the intended purpose.

According described conditions, also taking into account the total available budget for the interventions, the planners decided to focus on the following interventions:

- Replacement of the sheet metal roof covering with a more suitable, “sandwich” thermo-insulation panel. Replacement of the main roof structure is not foreseen.

- Treatment of all joints of the extension with the main building, from the point of view of leakage

- Treatment of the visible part (and partially underground) of the basement walls, with insulation and the construction of a monolithic protective pavement, to prevent the basement walls from getting wet.

- Replacing the damaged suspended ceiling with a new one, as well as insulating it, in order to prevent condensates.

- Covering the access corridor (to room 01) with ceramic tiles on the floors and walls.

- Replacement of doors (in room 02, installation in the existing opening), with new, metal, security and fire doors.

2. Storage for hazardous chemicals A room that was initially provided for that purpose, located in the main building of the Institute (in the basement). It has exhaust ventilation. The floors are in good condition, designed appropriately for that type of space.

The main intervention is in the rehabilitation of the wall surfaces (worn out in places), with materials suitable for aggressive environments. The existing wooden doors are replaced with a metal, secure, fire doors.

Equipment and furniture

1. Evidence storage rooms

From aspect of equipping, the following are provided:

Open shelves are planned for both rooms, with the maximum capacity of surface utilization. The shelves should have an adequate load capacity (they are specified in the project), made of steel frames and sheet metal surfaces (for shelving), painted with epoxy powder electrostatic paints. Attested to all domestic hygiene products and disinfectants, suitable for environments with an increased concentration of alkaline compounds in the air and with high protection against corrosion.

The refrigerators (existing) with their accompanying equipment and installations are located in room 02. The Contractor shall provide new shelving for the refrigerator, as specified in the Bill of Quantity

2. Storage for hazardous chemicals

From the aspect of equipping, the following are to be provided:

- Closed cabinets, metal, specially designed for that purpose, certified for resistance from all important acids in each concentration, with a container to collect any leaked contents from the material being stored. They come in two versions:

without ventilation and with mechanical ventilation. The project provides places for 5 such cabinets, with connections for forced ventilation. At first, due to lack of budget, some of the cabinets are without ventilation (it would be ideal if they could be upgraded in the future)

- Open shelves, in order to maximize the use of the room surface. The shelves should have an adequate load capacity (they are specified in the project), made of steel profiles and sheet metal surfaces (shelves), painted with epoxy powder electrostatic paints. Attested to all domestic hygiene products, disinfectants and suitable for environments with an increased concentration of alkaline compounds in the air and with high protection against corrosion.

ELECTROTECHNICAL INSTALLATIONS AND EQUIPMENT

The project for electrotechnical installations and equipment is made in accordance with the requirements defined in the General requirements, architectural-construction requirements, the project for thermomechanical (HVAC) installations, and according to the conditions on the ground and in accordance with the valid technical regulations and recommendations for this type of facilities.

In the project documentation for the reconstruction of the parts of the facilities of the Institute of Forensic Medicine, the following electrotechnical installations have been processed:

High voltage installations

Power supply and energy distribution

The electrical power supply to the equipment in the premises is from the existing switchboards in the building.

To power the equipment in the chemical storage room, it is planned to install an additional distribution board RT-1-A which is powered by the main distribution board.

Lighting

The lighting in the rooms for storing evidential material is planned to be mostly with fluo light fixtures. The type of light fittings is determined according to the type of ceiling and purpose of the room.

The lighting in the chemical storage room, the provided lighting is with LED armature, certified in accordance with the European ATEX regulations, for the prevention and resistance of explosions The level of brightness in the premises is in accordance with the regulations, for a defined type of space.

Lighting control in the rooms that are being adapted will be local, with switches The electrical installation will be carried out with NYM cables that will be laid on spandrels above a suspended ceiling, in existing cable carriers, or in superstructure channels for that

Panic lighting

In addition to the basic lighting of the space, panic lighting with panic lamps with signs for the exit and the direction of movement towards the exit, which are lit in case of loss of mains voltage in the event of a fire or other accident, is provided.

These light armatures are connected to a 220 V1 network, and they are supplied with their own power source, i.e. with NiCd batteries.

The installation for basic and panic lighting will be carried out with NYM-J lines, with a Y-1.5 mm2 section laid over the suspended ceiling, additional channels for that purpose (where no other solution is possible)

Electrical installations for sockets

No new sockets are provided in the evidence storage rooms. In the chemical storage room, single-phase “shuko” plugs are provided, due to the equipment provided.

Electrical installation is planned to be carried out with NYM and NYY lines in existing cable carriers and in walls.

Electrical installations for HVAC The project is made according to the positions and layout of those equipment

Low voltage installations

Installations and equipment for automatic notification and fire alarm

A fire detection and extinguishing center with two detection zones is planned. It is planned that in all rooms that are subject to adaptation, address type optical callers will be placed, according to the space's need for PP protection.

The connection of these optical callers will be with a line of the type J-H(St)H-2x0.8. which does not support combustion.

A fire detection and automatic fire extinguishing system is planned in the chemical storage room. For automatic fire extinguishing upon detection of conventional multi-criteria optical smoke detector in defined spaces is expected to activate Aerosol Generators for extinguishing fire

ASG8-1

Access control

Access control installation is provided in all treated rooms. For this purpose, intelligent terminals consisting of a software module -control panel and a built-in contactless card reader with a relay output for door control are provided. The connection of the connection terminals will be performed with a flexible non-flammable cable LiHXHX 2x1.5mm2 and a communication cable THEN 4x2x0.6mm inserted into the PC - Ø16mm, laid on the wall, and above the suspended ceiling. UPS power supply is provided for the terminals.

Video surveillance system

All treated rooms have sensitive content and need to be covered by technical security with 24-hour video surveillance.

For this purpose, in the IT equipment section (or a place marked by the user), equipment for performing video surveillance will be placed, namely: DVR - with a device (time lapse) that will have the possibility of simultaneous recording of 4 cameras, i.e. be with 4 video inputs, with the possibility to turn on only when there is movement of people (motion detection). The capacity of the hard disk of the device is dimensioned so that it can save the material that the cameras will record for a period of 6 months. A new system will be installed.

Cameras should be provided with High Definition 720p HD resolution, with the possibility of automatic switching to night recording mode; the shooting angle to be dimensioned on the spot with the possibility of the zoom lens being manually adjustable. The connection should be provided with cables and connectors supplied with the DVR inserted into the PC, laid on the wall, above the suspended ceiling and on existing cable carriers.

HVAC

General conditions

For construction and installation of the devices provided by this project, the project itself will serve, the components of which represent technical conditions, calculations, drawings and specification of the equipment, materials and labor.

The assignment of the works foreseen by this project will be carried out according to the existing regulations for this type of work.

The contractor is obliged

- to perform the installation according to the approved project

- to perform the installation in accordance with the technical regulations, instructions and normsto take all the necessary measures for the safety of the employed workers, as well as the safety of the facility that it performs

- to carry out the correct organization of the work All positions subject to employment include:

- complete installation of equipment, testing and regulation

- training of the user of the installation after completion of the installation

- the execution of all necessary tests and trial work of the installation.

During the warranty period, the contractor is obliged to perform all repairs and other perceived deficiencies at his own expense.

Before proceeding with the execution of the works foreseen by this project, the contractor is obliged to study it in detail. If errors or deficiencies are found in the project, he is obliged to immediately report them in writing to the COR, how they would be corrected before starting the works.

Before proceeding with the execution of the works, the contractor is obliged to familiarize himself with the construction project, i.e. to check the actual elevations and dimensions, in relation to those in the project Before starting the works, the contractor is obliged to obtain all measurement sketches of the elements of the selected equipment and, together with the supervisory authority, to harmonize them with the project. For the elements of the equipment that he makes himself, the contractor is obliged to make workshop drawings beforehand.

If the contractor realizes during the execution of the works that additional works must be carried out on the installation, which are not covered by the project, he is obliged to immediately submit a specification of the same and wait for approval from the Contracting Officer.

The developer must keep a construction diary or construction book.

When installing the works provided by this project, the contractor should comply with the existing regulations for this type of devices and installations.

Special technical conditions for installing ventilation and air conditioning

Refrigeration devices should have the capacity and characteristics prescribed by the project, equipped with all the necessary devices for commissioning, regulation and maintenance of working parameters and safety protection elements. The cooling system must be installed in accordance with the conditions and requirements provided by the manufacturer.

For ventilation, cooling and heating of the rooms, air conditioners are provided for the treatment of fresh air.

The air conditioners are complete with a suitable thermostat for regulating the temperature and humidity in the space, as well as the FREE COOLING option in periods when the outside temperatures allow it.

The air ducts should be made according to the attached drawings, the dimensions of the equipment and the material in the project;

The air ducts should be made of: rectangular ducts made of galvanized sheet, with a thickness of 1 mm The joints of the tin channels should be made with corner elements, clamps and by placing seals between them; when performing the channels, pay attention to the fashion elements, first of all the handles;

Air distribution channels, as well as current-suction grilles and anemostats, should be regulated with the help of regulation instruments. Each distribution element, grid-anemostat, pressure-suction, should provide the expected amount of air with the project.

Final works

- All concrete, masonry and earthworks related to this type of installations should be performed with materials that comply with construction norms and regulations;

- All consoles, holders as well as carriers should be walled with cement mortar, while the use of plaster is not allowed;

- The reception of the installation will be carried out according to the applicable regulations for this type of installations.

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

F.1 CONSTRUCTION WORK

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 45 calendar days after the issuance date of the CNTP. 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: 45 calendar days

F.2 - WORKING HOURS

(a) Working hours at the project site shall predominately be governed by local law and labor market regulations. The Contractor shall coordinate the established construction work hours with, and get approval from, the COR prior to commencement of construction services. Contractor shall notify, and have prior approval from, the COR for all work beyond the approved hours of operation.

(b) The Contractor shall schedule all work during the weekdays, Monday through Friday, between the hours of 7am and 5pm.

(c) If work is required to occur after the approved work hours, the contractor shall submit a request no less than 24 hours in advance for the COR's consideration and approval.

(d) Schedule work to avoid interruptions to the normal operations of the medical facilities. Disruptive work shall be scheduled and coordinated with the COR.

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 is to be named at time of award.

(End of clause)

The following Federal Acquisition Regulation clauses and provisions are incorporated by reference:

H.1 - BOND REQUIREMENTS

H.1.1 Bonds Required Pursuant to Far 52.228-15 Performance and Payment Bonds – Construction, as this is an International contract, Irrevocable Letters of Credit (ILCs), in lieu of normal bonds, are the preferred security for this project.

The Contractor shall furnish two ILCs, or bonds, one in the amount of 20% of the contract price as a performance surety, and one in the amount of 20% of the contract price as a payment surety. The requirement for ILCs will not be waived. Samples of Payment and Performance sureties (ILCs) acceptable to the Government are shown in sample forms in Section J, Attachments J.1.2 and J.1.3, respectively.

H.1.2 Time for Submission The Contractor shall provide the Irrevocable Letters of Credit (ILCs), or bonds, required by paragraph H.1.1 above within 30 calendar days after contract award. Failure to timely submit (1) the required ILCs or other security acceptable to the Government;

(2) ILCs from an acceptable surety; or (3) ILCs in the required amount, may result in termination of the contract by the Government.

Should the contract be terminated, the contractor will be liable for those costs as described in FAR 52.249-10, “Default (Fixed-Price Construction), which is included in Section I of this contract.

H.1.3 Coverage The Irrevocable Letters of Credit (ILCs), or bonds, shall guarantee the Contractor's execution and completion of the work within the contract time and the correction of any defects after completion as required by this contract, the payment of all wages and other amounts payable by the Contractor under its subcontracts or for labor and materials, and the satisfaction or removal of any liens or encumbrances placed on the work.

H.1.4 Duration of Coverage The required performance and payment securities shall remain in effect in the full amount required until final acceptance of the project by the Government. After final completion and acceptance, only the performance security shall remain in effect for one year in the amount of 10% of the contract price, and the Contractor shall pay any premium required for the entire period of coverage. The requirement for payment security terminates at final acceptance.

H.1.5 Additional Bond Security (FAR 52.228-2 OCT 1997)

The Contractor shall promptly furnish additional security required to protect the Government and persons supplying labor or materials under this contract if:

(a) Any surety, or issuing financial institution for other security, furnished with this contract becomes unacceptable to the Government;

(b) Any surety fails to furnish reports on its financial condition as required by the Government; or

(c) The contract price is increased so that the Letter of Credit becomes inadequate in the opinion of the Contracting Officer; or

(d) An irrevocable letter of credit (ILC) used as security will expire before the end of the period of required security. If the contractor does not furnish an acceptable extension or replacement ILC, or other acceptable substitute, at least 30 days before an ILC’s scheduled expiration, the Contracting Officer has the right to immediately draw on the ILC.

H.2 - INSURANCE

H.2.1 Amount of Insurance The Contractor's attention is directed to Section I, 52.228-5, "Insurance - Work on a Government Installation". As required by this clause the Contractor is required to provide and maintain whatever insurance is legally necessary.

The Contractor shall, at its own expense, provide and maintain during the entire performance period General Liability (includes premises/ operations, collapse hazard, products, completed operations, contractual, independent contractors, broad form property damage, personal injury) in the minimum amount stated below.

1. Bodily Injury on or off the site stated in U.S. Dollars:

Per Occurrence $250,000 Cumulative $500,000

2. Property Damage on or off the site in U.S. Dollars:

Per Occurrence $250,000 Cumulative $500,000

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

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

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

H.2.2 Government as Additional-Insured The general liability policy required of the Contractor shall name "the United States of America", as an additional-insured with respect to operations performed under this contract.

H.2.3 Insurance-Related Disputes Failure to agree to any adjustment contemplated under this contract regarding insurance shall be a dispute within the meaning of the clause in Section I, 52.233-1 "Disputes". However, nothing in this clause shall excuse the Contractor from proceeding with the work, including the repair and/or replacement as herein above provided.

H.2.4 Time for Submission of Evidence of Insurance The Contractor shall provide evidence of the insurance required under this contract within 30 calendar days after contract award.

Failure to timely submit this evidence, in a form acceptable to the Contracting Officer, may result in rescinding or termination of the contract by the Government.

H.3 - SAFETY

H.2.1 Accident Prevention (FAR 52.236-13 Nov 1991)

(a) The Contractor shall provide and maintain work environments and procedures which will--

(1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;

(2) Avoid interruptions of Government operations and delays in project completion dates; and

(3) Control costs in the performance of this contract.

(b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall--

(1) Provide appropriate safety barricades, signs, and signal lights;

(2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910; and

(3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

(c) If this contract is for construction or dismantling, demolition or removal of improvements with any Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation.

(d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor's representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

(e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.

(f) Before commencing the work, the Contractor shall--

(1) Submit a written proposed plan for implementing this clause. The plan shall include an analysis of the significant hazards to life, limb, and property inherent in contract work performance and a plan for controlling these hazards; and

(2) Meet with representatives of the Contracting Officer to discuss and develop a mutual understanding relative to administration of the overall safety program.

(End of clause)

H.2.2 Additional Safety Measures (DOSAR 652.236-70 Oct 2017)

In addition to the safety/accident prevention requirements of FAR 52.236-13, Accident Prevention Alternate I, the contractor shall comply with the following additional safety measures.

(a) High Risk Activities. If the project contains any of the following high risk activities, the contractor shall follow the section in the latest edition, as of the date of the solicitation, of the U.S. Army Corps of Engineers Safety and Health manual, EM 385#1#1, that corresponds to the high risk activity. Before work may proceed, the contractor must obtain approval from the COR of the written safety plan required by FAR 52.236-13, Accident Prevention Alternate I (see paragraph (f) below), containing specific hazard mitigation and control techniques.

(1) Scaffolding;

(2) Work at heights above 1.8 meters;

(3) Trenching or other excavation greater than one (1) meter in depth;

(4) Earth-moving equipment and other large vehicles;

(5) Cranes and rigging;

(6) Welding or cutting and other hot work;

(7) Partial or total demolition of a structure;

(8) Temporary wiring, use of portable electric tools, or other recognized electrical hazards. Temporary wiring and portable electric tools require the use of a ground fault circuit interrupter (GFCI) in the affected circuits; other electrical hazards may also require the use of a GFCI;

(9) Work in confined spaces (limited exits, potential for oxygen less than 19.5 percent or combustible atmosphere, potential for solid or liquid engulfment, or other hazards considered to be immediately dangerous to life or health such as water tanks, transformer vaults, sewers, cisterns, etc.);

(10) Hazardous materials - a material with a physical or health hazard including but not limited to, flammable, explosive, corrosive, toxic, reactive or unstable, or any operations, which creates any kind of contamination inside an occupied building such as dust from demolition activities, paints, solvents, etc.; or

(11) Hazardous noise levels as required in EM 385-1 Section 5B or local standards if more restrictive.

(b) Safety and Health Requirements. The contractor and all subcontractors shall comply with the latest edition of the U.S. Army Corps of Engineers Safety and Health manual EM 385-1-1, or OSHA 29 CFR parts 1910 or 1926 if no EM 385-1-1 requirements are applicable, and the accepted contractor’s written safety program.

(c) Mishap Reporting. The contractor is required to report immediately all mishaps to the COR and the contracting officer. A “mishap” is any event causing injury, disease or illness, death, material loss or property damage, or incident causing environmental contamination. The mishap reporting requirement shall include fires, explosions, hazardous materials contamination, and other similar incidents that may threaten people, property, and equipment.

(d) Records. The contractor shall maintain an accurate record on all mishaps incident to work performed under this contract resulting in death, traumatic injury, occupational disease, or damage to or theft of property, materials, supplies, or equipment. The contractor shall report this data in the manner prescribed by the contracting officer.

(e) Subcontracts. The contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.

(f) Written program. The plan required by paragraph (f)(1) of the clause entitled “Accident Prevention Alternate I” shall be known as the Site Safety and Health Plan (SSHP) and shall address any activities listed in paragraph (a) of this clause, or as otherwise required by the contracting officer/COR.

(1) The SSHP shall be submitted at least 10 working days prior to commencing any activity at the site.

(2) The plan must address developing activity hazard analyses (AHAs) for specific tasks. The AHAs shall define the activities being performed and identify the work sequences, the specific anticipated hazards, site conditions, equipment, materials, and the control measures to be implemented to eliminate or reduce each hazard to an acceptable level of risk. Work shall not begin until the AHA for the work activity has been accepted by the COR and discussed with all engaged in the activity, including the Contractor, subcontractor(s), and Government on-site representatives.

(3) The names of the Competent/Qualified Person(s) required for a particular activity (for example, excavations, scaffolding, fall protection, other activities as specified by EM 385#1#1) shall be identified and included in the AHA. Proof of their competency/ qualification shall be submitted to the contracting officer or COR for acceptance prior to the start of that work activity. The AHA shall be reviewed and modified as necessary to address changing site conditions, operations, or change of competent/qualified person(s).

(End of clause)

52.213-4 - Terms and Conditions-Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (Oct 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(iv) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vii) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(viii) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(ix) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (Apr 1984).

(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).

(iii) 52.232-11, Extras (Apr 1984).

(iv) 52.232-25, Prompt Payment (Jan 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Nov 2021)

(vii) 52.233-1, Disputes (May 2014).

(viii) 52.244-6, Subcontracts for Commercial Products and Commercial Services (Oct 2022).

(ix) 52.253-1, Computer Generated Forms (Jan 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).

(ii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2022) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in FAR 2.101 on the date of award of this contract).

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment (Jun 2020) (41 U.S.C. chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(v) 52.222-36, Equal Employment for Workers with Disabilities (Jun 2020) (29 U.S.C. 793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(vii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii)(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627) (Applies to all solicitations and contracts).

(B) Alternate I (Mar 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.))).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693) (applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP)) will be--

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223-20, Aerosols (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xvii)(A) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined in FAR 2.101 on the date of award of this contract, and the acquisition--

(1) Is set aside for small business concerns; or

(2) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(B) Alternate I (Oct 2022) (Applies if the Contracting Officer has filled in the domestic content threshold below, which will apply to the entire contract period of performance. Substitute the following sentence for the first sentence of paragraph (1)(ii)(A) of the definition of domestic end product in paragraph (a) of 52.225-1:

(A) The cost of its components mined, produced, or manufactured in the United States exceeds n/a percent of the cost of all its components. [Contracting officer to insert the percentage per instructions at 13.302-5(d)(4).])

(xviii) 52.226-6, Promoting…