19GE5023Q0090.pdf

19GE5023Q0090

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDEX

1. REQUEST NO.

19GE5023Q0090

2. DATE ISSUED

08/24/2023

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) 12/31/2023

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 LONDON

33 Nine Elms Lane, SW11 7US

ATTN: RECEIVING OFFICE

b. STREET ADDRESS

c. CITY

LONDON

a. NAME b. COMPANY

c. STREET ADDRESS Contact: UEI:

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

COUNTRY

GBR

e. POSTAL CODE

10. PLEASE FURNISH QUOTATIONS TO THE

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

09/14/2023 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)

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs

B. THE SCHEDULE

C Descriptions/Specifications/Statement of Work

C. STATEMENT OF WORK

F Deliveries or Performance

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

1984)

F.2 WORKING HOURS

G Contract Administration Data

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

H Special Contract Requirements 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)

H.1 BOND REQUIREMENTS

H.2 INSURANCE

H.3 SAFETY

I Contract Clauses 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) 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas (Apr 1984) 52.228-5 Insurance-Work on a Government Installation (Jan 1997) 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) 52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (Jun 2023) 52.232-5 Payments under Fixed-Price Construction Contracts (May 2014) 52.236-2 Differing Site Conditions (Apr 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984) 52.236-5 Material and Workmanship (Apr 1984) 52.243-5 Changes and Changed Conditions (Apr 1984) 52.246-21 Warranty of Construction (Mar 1994) 652.232-70 Payment Schedule and Invoice Submission (Fixed-Price)(Aug 1999)

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

J List of Attachments K Representations, Certifications, and Other Statements of Offerors or Respondents

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications (Jun 2020) 52.204-8 Annual Representations and Certifications (Mar 2023) 52.204-20 Predecessor of Offeror (Aug 2020) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

L Instructions, Conditions, and Notices to Offerors and Respondents 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) 52.204-7 System for Award Management (Oct 2018) 52.214-34 Submission of Offers in the English Language (Apr 1991) 52.236-27 Site Visit (Construction) (Feb 1995)

L. INSTRUCTION TO OFFERORS

L.1. INSTRUCTIONS: PRICE QUOTE

L.2. INSTRUCTIONS: TECHNICAL QUOTE

L.3 OFFER DUE DATE

L.4 MAGNITUDE OF CONSTRUCTION PROJECT

M Evaluation Factors for Award 52.225-17 Evaluation of Foreign Currency Offers (Feb 2000)

M. EVALUATION OF QUOTES

Line Item Summary

Solicitation Number:

19GE5023Q0090

Contract Number: Title: London - Basement Water Leakage Abatement

Date of Solicitation:

08/24/2023

Line Item No.

Description Quantity Unit Unit Price Total Cost

001 CLIN 0001: CONSTRUCTION SERVICES

WATER ABATEMENT: POND EQUIPMENT

ROOM

Construction services necessary to abate the intrusion of water into the pond equipment room of the U.S. Embassy London, 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: CONSTRUCTION SERVICES

WATER ABATEMENT: CHP ROOM

Construction services necessary to abate the intrusion of water into the CHP room of the U.S. Embassy London, 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

003 CLIN 0003: CONSTRUCTION SERVICES

WATER ABATEMENT: BOILER ROOM

Construction services necessary to abate the intrusion of water into the boiler room of the U.S. Embassy London, 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 EA

004 CLIN 0004: DEFENSE BASE ACT (DBA)

Insurance (as applicable) Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LS

005 CLIN 0005: VALUE ADDED TAX

(as applicable) Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LS

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

CLIN Description Price

Construction Services:

Water Abatement: Pond Equipment Room

0002 Construction Services:

Water Abatement: CHP Room

0003 Construction Services:

Water Abatement: Boiler Room

0004 Defense Base Act Insurance (DBA) (as required)

0005 Value Added Tax (as applicable)

Grand Total Contract Price CLINs 001 - 0005

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.

Great Britain is currently included on the DOL’s active waiver list, therefore DBA insurance is only required for employees performing work on this contract who are etither U.S. citizens or residence, or were hired in the U.S.

B.5. Value Added Tax (VAT)

B.5.1 Including Taxes in Quotes Offerors shall identify the following taxes as separate line items in Section B.3 CONTRACT PRICE, and additionally in the required breakdown of the price proposal.

To receive reimbursement for VAT, it will also be necessary for:

• The contractor to be in possession of a British VAT registration number, and for this registration number to be included in all payment requests;

• The VAT shall also be reflected as a separate cost item on all invoices submitted under the resulting contract.

The Contractor will be reimbursed for VAT only to the extent contractor provides documentary proof that VAT has been paid to the host government against a valid VAT registration number. 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.5.2 Recoverable Taxes.

For the US Government to recover Value Added Tax, it will be necessary for the contractor, as included in Block 13 of the SF- 18, to be a company to be in possession of a British VAT registration number.

B.5.3 Non-Recoverable Taxes It is not possible for the US Government to recover taxes from the host country Ministry of Finance against contracts awarded to companies who do not have a British VAT registration number (i.e. contractors who do not fulfill the requirements stated in B.5.3.1 above).

See also Section M.2 Basis for Award – Recoverable Local Taxes.

Section C - Descriptions/Specifications/Statement of Work

C. - STATEMENT OF WORK

The US Embassy, London proposes to employ a specialist Contractor to repair the water ingress into the plant rooms and parking garage at the below grade basement floor of US Embassy, London. The scope of work covers the water abatement in the CHP room, Pond Equipment room and Boilers room.

The newly constructed U.S. Embassy, London has exhibited water ingress and seepage at various locations of the below ground construction of the building; there is evidence of water ingress to the diaphragm wall and mat slab since construction.

Water leakage into the basement has occurred since construction, primarily at the interface between the diaphragm wall and mat slab, pond wall and basement slab, as well as cracks in the mat slab.

The scope of work is defined by the Statement of Work and drawings. The work on the repair project generally includes the following:

a. Chemical grout injection at the following locations:

• The interface between the diaphragm wall and mat slab.

• The interface between the pond wall and basement floor.

• Cracks and construction joints in the mat slab and basement floor.

• Isolated cracks in the diaphragm wall and other locations with leaks.

a. Cutting and grinding to create water collection channels where conflicts or access constraints preclude grout injection. Forming collection chancels above slab is an option if the slab cutting is not possible.

Section F - Deliveries or Performance

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 90 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: 90 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 8:00am and 5:00pm (local time).

(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.

Section G - Contract Administration Data

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:

Section H - Special Contract Requirements

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)

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)

Section I - Contract Clauses

Clause Title Fill-ins

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)

Clause Title Fill-ins

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

2000)

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

52.228-4 Workers' Compensation and War-Hazard Insurance Overseas (Apr 1984)

52.228-5 Insurance-Work on a Government Installation (Jan 1997)

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)

52.213-4 - Terms and Conditions-Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (Jun 2023)

(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) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328), unless the agency grants an exception--see paragraph (b) of 52.204-27.

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

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

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

(viii) 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).

(ix) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

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

(xi) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77 and 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) 52.233-1, Disputes (May 2014).

(vii) 52.244-6, Subcontracts for Commercial Products and Commercial Services (Jun 2023).

(viii) 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 _____ 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 if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(End of clause)

52.232-5 - Payments under Fixed-Price Construction Contracts (May 2014)

(a) Payment of price. The Government shall pay the Contractor the contract price as provided in this contract.

(b) Progress payments. The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer.

(1) The Contractor's request for progress payments shall include the following substantiation:

(i) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

(ii) A listing of the amount included for work performed by each subcontractor under the contract.

(iii) A listing of the total amount of each subcontract under the contract.

(iv) A listing of the amounts previously paid to each such subcontractor under the contract.

(v) Additional supporting data in a form and detail required by the Contracting Officer.

(2) In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the site also may be taken into consideration if--

(i) Consideration is specifically authorized by this contract; and

(ii) The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract.

(c) Contractor certification. Along with each request for progress payments, the Contractor shall furnish the following certification, or payment shall not be made: (However, if the Contractor elects to delete paragraph (c)(4) from the certification, the certification is still acceptable.)

I hereby certify, to the best of my knowledge and belief, that--

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor's performance.

___________________________________________________ (Name)

___________________________________________________ (Title)

___________________________________________________ (Date)

(d) Refund of unearned amounts. If the Contractor, after making a certified request for progress payments, discovers that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the "unearned amount"), the Contractor shall--

(1) Notify the Contracting Officer of such performance deficiency; and

(2) Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this clause) equal to interest on the unearned amount from the 8th day after the date of receipt of the unearned amount until--

(i) The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or

(ii) The date the Contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount.

(e) Retainage. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved.

When the…