19GE5023Q0012.pdf

SOLICITATION

DOCUMENT

ISF Police Control Room Renovation Beirut, Lebanon

Solicitation No. 19GE50-23-Q-0012

Regional Procurement Support Office Frankfurt [RPSOFR] Giessenerstrasse 30 60435 Frankfurt am Main, Germany

19GE5023Q0012

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDEX

1. REQUEST NO.

19GE5023Q0012

2. DATE ISSUED

02/07/2023

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) 05/31/2023

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 BEIRUT

ANTELIAS, PO BOX 70-840

ATTN: INL

b. STREET ADDRESS

c. CITY

BEIRUT

a. NAME b. COMPANY

c. STREET ADDRESS Contact: UEI:

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

COUNTRY

LBN

e. POSTAL CODE

10. PLEASE FURNISH QUOTATIONS TO THE

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

02/28/2023 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:

19GE5023Q0012

Contract Number: Title: Beirut - Judicial Police Control Room Renovation

Date of Solicitation:

02/07/2023

Line Item No.

Description Quantity Unit Unit Price Total Cost

001 CLIN 0001: CONSTRUCTION SERVICES

Construction services necessary to renovate two rooms at the ISF Headquarters - Judicial Police Building, 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 Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LS

003 CLIN 0003: VALUE ADDED TAX (VAT)

11% (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 (Dec 2022)

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)

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

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)

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

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

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

The following clauses are provided by reference only:

Clause Title Fill-ins

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

52.204-22 Alternative Line Item Proposal (Jan 2017)

B. - THE SCHEDULE

PROJECT REQUIREMENTS

The U.S. Department of State (DoS) is the lead institution for the conduct of American diplomacy with its mission to advance U.S.

national security interests, fight terrorism, protect U.S. interests abroad, and implement foreign policy initiatives that build a freer, prosperous, and secure world. Bureau of International Narcotics and Law Enforcement Affairs (INL), under the Under Secretary for Democracy and Human Rights works to keep Americans safe at home by countering international crime, illegal drugs, and instability abroad. INL assist host countries deliver justice and fairness by strengthening their police, courts, and corrections systems. These efforts reduce the amount of crime and illegal drugs reaching U.S. shores and enhance the host nation’s capacity to deliver services to their citizens.

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 0001 Construction services necessary to renovate two rooms of the ISF Headquarters - Judicial Police Building, as described in the SOW, to include all labor, materials, equipment, transportation, overhead, other indirected costs, costs for insurance (other than DBA), and profit.

0002 Defense Base Act (DBA) Insurance 0003 Value Added Tax (11%) (as applicable)

Total Contract Price (CLINs 0001-0003)

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.

Lebanon 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)

The Contractor shall provide the Lebanese Value Added Tax of 11% as a separate line item (CLIN 0003) on their price offer and on all invoices submitted.

C. - STATEMENT OF WORK

C.1. SCOPE

Based on an official request by the ISF, INL in cooperation with the Government of Lebanon, plans to provide assistance in the repair/ renovation/refurbishment/modification/construction of two adjacent rooms at the ISF Head Quarters (HQ) – Judicial Police Building.

The adjacent room architecture will be modified and joined together to form a single Control Room to improve the ISF Judicial Police use of the Criminal Case Management System provided by INL through the IT Automation Project ITAP.

C.1.1 PURPOSE

The adjacent rooms will be refurbished and joined together to form a Control Room to improve the ISF Judicial Police use of the Criminal Case Management System provided by INL through the IT Automation Project ITAP. The completion of the construction activities will create the needed space for a control room that support the crime investigation monitoring, compilation of reports and stats, coordination of patrols to be send out, analysis of crime trends, types, and relations across various geolocation.

C.1.2 LOCATION OF WORK

Place of performance is at the Internal Security Forces headquarters in Ashrafieh, Beirut. Near Hotel Dieux de France Hospital, next to the Adlieh intersection.

C.1.3 PERIOD OF PERFORMANCE

Contractor has 60 working days from the date of award. Any idle days due to ISF imposed constraints will be extended to the period of performance which implies that the contractor shall be compensated with only extension of time for delays caused by the ISF or any other unforeseen events. The ISF will grant the contractor permission to access any equipment for retrieval in any case of long period delay or stoppage of work (due to political/civil unrest or public health situations such as pandemic lockdowns/partial lockdowns)

C.1.4 APPLICABLE STANDARDS

International Codes and standards used:

a. Structural elements: The ISF utilities and building management are responsible for clearing the demolition of nonbearing walls. Neither INL nor the Contractor are responsible for the structural study or design of the building. No structural design or structural element construction shall be undergone on this project by the Contractor. All renovations and construction activities are to adhere to Local standards, where enforced and relevant and if no such standards exist, then International Codes are to be enforced.

b. Electrical Systems: Equipment and materials are to be manufactured and installed in compliance with the relevant recommendations of the following:

• NF: French code NF 15-100

• IEC: The International Electro-Technical Commission

• ISO: The International Standardization Organization Local standards, where enforced and relevant, are to have precedence over the Standards stated above.

c. Fire Codes: ISF will provide fire suppression elements once the contractor delivers the refurbished space. No firefighting was requested, and no firefighting installation will be done.

C.1.5 SPECIAL REQUIREMENTS

a. The site water, electric power, and sanitary facilities will be provided by the ISF as needed.

b. No laborers accommodation shall be permitted within the ISF HQ.

c. The Contractor shall provide Defense Base Act (DBA) insurance covering the performance period

d. The price offer shall be based on the drawings (copy attached). The Contractor shall be responsible for completing the work according to the plans and details showed on the drawings. The quantities mentioned in the bill of quantities are not final and shall verified and confirmed by the Contractor in compliance with the drawings: (See attached)

e. The Contactor shall prepare and deliver a list of Suppliers and Materials for the project to COR.

f. The Contractor shall prepare and deliver As-Built drawings for the project to COR.

g. The Contractor shall submit a list of laborers and workers and copy of their IDs. The ISF will undergo clearance for the list and notify the contractor prior of start date. In any case where the contractor shall bring on new team members for different trades, an updated list of names and ID shall be approved by the ISF.

C.2. PROJECT DESCRIPTION

The Contractor, working with the INL Contracting Officer’s Representative (COR) and ISF, will be responsible for the repair/ renovation/refurbishment/modification/construction and delivery of the full functioning system resulting in the new ISF Judicial Police Control Room. Contractor activities will include but be limited to as follows:

a. Demolition of old partitions

b. Partition & Plastering

c. Floor tiling

d. Bathrooms walls tiling

e. Glass partition including glass doors with all accessories

f. False Ceiling

g. Electrical Works

h. Painting

i. Air Conditioning Maintenance and Repair

j. Sanitary Works

k. Wood white painted doors for kitchen, WCs and Office entrance

l. Cabinets for pantry

m. Desk Chairs – Conference Table

n. Electronic equipment (65” TV Monitor – Microwave – Refrigerator)

C.3. BILL OF QUANTITIES (BOQ)

See Attachment J.1 Bill of Quantities

C.4 DELIVERABLES

Deliverable SOW Section Due Date Frequency Distribution D01 – As Built Dwg Section C No later than 10 days of completion In accordance with the due date

COR

D02 – List of Suppliers and Material

C.4 No later than 5 days after award

In accordance with the due date

COR

C.4.1. AS BUILT DRAWINGS

As a condition of Final Completion, Contractor shall provide to Owner a complete set of As-Built Documents, in duplicate and in digital format. As-Built Documents shall depict the Project as constructed and shall reflect each change, modification, and deletion made during construction. As-Built Documents include all modifications to the Contract Documents unless otherwise directed.

For Mechanical: Fixtures replace and distribution For Electrical: Fixtures installed and Single Line Diagram

C.5. PAYMENT SCHEDULE

This is a firm fixed-price contract. No additional sums will be payable due to Contractor’s failure to properly estimate the contract price. Advance payment shall not be authorized. The payment shall be approved upon field verification of the completed work.

Contractor shall submit the invoices no later than the 15th calendar day of the following month (for the previous calendar month’s field verified work).

C.6. GENERAL REQUIREMENTS

The Contractor shall:

C.6.1. Adhere to all applicable local construction codes and/or the International Building Codes (IBC) (whichever is the most stringent) as applicable when performing the construction activities. Exceptions to using the code must be requested in writing and approved by the Contracting Officer (CO) or their designated representative.

C.6.2. Observe all local current labor safety laws and regulations for the protection of employees and the public on or in close proximity to the work site who could be affected by the execution of the job directly or indirectly.

C.6.3. Abide by the norms established by the project petitioner, in reference to the entrance and exits of personnel, identification, vehicle circulation, time schedules and permits in coordination with COR.

C.6.4. Be responsible for the supply of the materials, fixtures, construction equipment, tools, and labor necessary/required to complete the construction.

C.6.5. Be responsible for the functionality, durability appearance, and proper installation of materials, equipment, and fixtures.

C.6.6. Be responsible for the condition of the project site, the project structure, project site contents, and project appearance and shall guard against any deterioration or damage until the final acceptance of the works by the CO.

C.6.7. Be solely responsible for the quality of the work whether done by his direct employees or subcontractors and, therefore, repair any damage, defect, or improperly completed parts of the work including subpar finish work. The contractor shall ensure the quality of the works according to the contract, COR’s instructions and the quality standards. The Contractor is responsible for the correction, at Contractor’ cost, of any defects or substandard work for the project. The acceptance of work by the CO will not exempt the Contractor from complying with codes and norms corresponding to design and construction. The Contractor must check the designs parameters given by requesting office and if errors or inconsistencies are observed, the Contractor must inform the COR immediately.

C.6.8. Institute an appropriate inspection system and perform consistent quality control oversight checks to verify the implementation of the contract and the COR’s instructions.

C.6.9. Review, revise, update, and report on the progress of site activities according to the performance schedule.

C.6.10. Perform mobilization and demobilization activities. Remove all debris and residues from the project site to the satisfaction of the COR.

C.6.11. Expeditiously completed the defects in the punch list prior to acceptance.

C.6.12. The Contractor shall include in their cost proposal all site visits required for the construction

C.6.13. Contractor shall provide weekly updates of accomplishments, plans of actions, outstanding tasks, problems encountered and solutions, recommendations for process improvements regarding assigned tasks, and future or projected tasks or issues.

C.6.14. The Contractor is responsible for providing on-site Operations and Maintenance (O&M) training to the end -user. Training should include instructions on how to operate and maintain all equipment provided and installed by the contractor. Contractor is to provide hard copies of O&M manuals to the end-user during training and should provide an electronic copy of manuals to the COR if applicable.

C.6.15. The Contractor shall provide quality product with a one-year construction warranty in addition to the warranties for individual parts and components. Contractor to submit to the COR a binder with all parts and components warranties for review and approval.

C.6.16. The Contractor shall be registered and hold a business license from local authorities. Proof of licensure must be provided with the proposal.

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 60 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: 60 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) 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.

(c) 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)

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 21 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 21 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) (Dec 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 (Dec 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 (Dec 2022) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in 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 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 $50,000).

(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 Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792) (Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this contract, that provide for the provision, the service, or the sale of food in the United States).

(xix) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2013) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information).

(xx) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information).

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)).

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Nov 2021) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.)

(ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Nov 2021) (Applies to contracts over the threshold specified in FAR 9.405-2(b) on the date of award of this contract).

(iii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at this/these address(es):

https://acquisition.gov

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights--

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or…