19GE5026Q0099 - Attachment 2_Sections B thru J.pdf

Electrical Upgrades, Renovations and Solicitation no.19GE5026Q0099

Repairs at Ethiopian Public Health Institute ATTACHMENT 2

(EPHI) Compound, Addis Ababa, Ethiopia

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SERVICES

The Contractor shall furnish complete construction services necessary to execute the electrical upgrades, renovations, and repairs at the Ethiopian Public Health

Institute (EPHI) Compound, Addis Ababa, Ethiopia, in support of CDC-Ethiopia

(CDC-E) operations. All work shall be performed in accordance with the Statement of Work (SOW), drawings, specifications at Section J, List of Attachments, and all other documents incorporated into this solicitation and the resulting purchase order.

The Contractor shall perform the services in accordance with the terms and conditions of this solicitation and the resulting purchase order, and in strict conformance with the purchase order clauses and any special conditions contained herein.

B.2 TYPE OF PURCHASE ORDER

This is a firm fixed-price purchase order payable entirely in the currency specified by the Contractor in Section B.3 and accepted by the Government at the time of purchase order award. No additional sums will be payable due to 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 performing the work required under this purchase order. Nor will the purchase order price be adjusted on account of fluctuations in currency exchange rates. Changes in the purchase order price or time to complete may be made only when authorized by the purchase order, including an authorized change, suspension of work, differing site conditions or excusable delays (see Section F.8), or other Government-caused delays, and only by written modification issued by the Contracting Officer.

B.3 PURCHASE ORDER PRICE

The Contractor shall complete all work, including furnishing all labor, material, equipment and services, unless otherwise specified herein, required under this purchase order for the firm-fixed price(s) indicated below and within the time specified herein. The price(s) stated shall include any and all costs of labor, materials, equipment, services, insurance (including insurance required by FAR

52.228-4, Workers’ Compensation and War-Hazard Insurance, which shall not be a direct reimbursement), bonds or irrevocable letters of guarantee (if required), permits, transportation costs, overhead, other indirect costs, and profit. If applicable, Value Added Tax (VAT), any other tax required by the local

Government, and Defense Base Act Insurance (DBA) shall be specified and included as separate line items. Any costs not priced will be considered to be included in the overhead and other indirect costs.

A Cost Pricing Breakdown is provided in Excel format under Section J, Attachments J.2.7 -J.2.10. The Contractor shall complete these attachments and adjust them as necessary to ensure that the total amount matches that of the total firm-fixed-price quotation in the Quoter's price quotation in Subsection B.3.1.

The purchase order resulting from this solicitation shall be a firm-fixed-price purchase order and not a Bill of Quantities (BOQ) type purchase order providing for unit pricing of items and payment based on quantity surveys. The total price will therefore not be adjusted upwards or downwards to reflect work performed as determined by quantity surveys performed.

It is a requirement for the Quoter to provide a cost pricing breakdown of its price quotation by completing Attachments J.2.7 – J.2.10. The Cost Pricing Breakdown

Format is provided for reference purposes only. The Contractor is required to verify the quantities and dimensions based on the drawings and specifications provided or developed under this purchase order. The purchase order price will not be adjusted due to increased quantities that may be required during performance of the purchase order, unless the changes are made by the Government.

B.3.1 CONSTRUCTION REQUIREMENT

Prices stated below shall include any and all costs for labor, materials, equipment, services, general liability insurance (other than DBA insurance), bonds or irrevocable letters of guaranty (if required), transportation costs, overhead, other indirect costs, and profit to perform and complete all works in accordance with the

Statement of Work (SOW), drawing, specifications (provided in Section J) and all other purchase order terms and conditions.

The Quoter shall insert the prices, and the currency in which the quotation is made, below:

CLIN Description Price

General Site Works – Selective Electrical Distribution

Upgrades

Generator House Upgrades (800 KVA transformer procurement/installation)

CDC-Occupied EPHI Building Electrical

Improvements

Value Added Tax (VAT) 15% (if applicable). See

Section B.6

Defense Base Act (DBA) Insurance (if applicable). See

Section B.7

Total Firm-Fixed Price (CLIN 0001):

B.3.2 CURRENCY

The Offeror shall insert the prices under Section B.3 and state the currency in which the offer is made:

Quotation/Award Currency: __________________________________

B.4 QUOTATION AND PAYMENT CURRENCY

The Quoter shall clearly identify the currency for all costs in its price quotation.

The currency proposed and accepted at the time of purchase order award shall remain fixed for the duration of the purchase order. All invoices shall be submitted and paid in the awarded purchase order currency unless otherwise authorized by the Contracting Officer.

B.5 COST OF MATERIALS / EQUIPMENT

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

0001 - 0003.

B.6 VALUE ADDED TAX (VAT) – ETHIOPIA

B.6.1 If applicable, Quoter/Contractor shall identify Value Added Tax (VAT) as a separate line item in Section B.3.1, Price Schedule, and additionally in the required

Cost Pricing Breakdown Attachments in Section J.

B.6.2 In order for the U.S. Embassy Ethiopia to receive reimbursement for VAT, the Contractor must satisfy the following conditions:

a. The Contractor must be in possession of an Ethiopia VAT registration number, and the registration number must be included in all payment requests,

b. Contractor's invoices must be issued by the Contractor in Block 14 of the award document (SF 1442) and the Contractor must have obtained authorization to operate and conduct business in Ethiopia.

c. Contractor's invoices must represent VAT as a separate line item and including the original VAT receipt and the corresponding cash-receipt documentation for this specific purchase order.

d. VAT costs incurred by subcontractors or suppliers and billed to the prime contractor do not represent value addition by the Contractor; such costs shall not be included in CLIN 0004.

B. 6.3 The Contractor will be paid the separately listed VAT in CLIN 0004 upon providing a valid Ethiopia registration number.

At any point during contract performance or before contract's expiration, the

Contracting Officer reserves the right to require documentary proof from the

Contractor substantiating that VAT has been paid to the host government. Any refund of VAT to the Contractor shall be paid to the Government to the extent the

Government made VAT payment to the Contractor.

B.7 DEFENSE BASE ACT (DBA) INSURANCE

B.7.1 Defense Base Act (DBA) insurance is required in accordance with FAR

52.228-3 and 52.228-4 contained in Section I, Contract Clauses, for all U.S.

citizens and individual hired in the U.S., regardless of citizenship for any construction and services for U.S. overseas contracts. DBA insurance is also required for all Host Country Nationals (HCNs) and Third Country Nationals

(TCNs) working overseas unless waived by the Department of Labor (DOL).

Ethiopia is currently not listed on the DOL Active DBA Waiver list and therefore

DBA insurance is required for all employees and workers performing under this contract, including U.S. citizens, individuals hired in the United States (regardless of citizenship), host-country nationals (HCNs), and third-country nationals

(TCNs).

B.7.2 DBA Insurance may be obtained from any U.S. Department of Labor (DOL) authorized DBA insurance broker. A list of DOL approved insurance brokers is available at http://www.dol.gov/owcp/dlhwc/lscarrier.htm.

B.7.3 DBA insurance cost will be evaluated as part of the total evaluated firm-fixed price and included in the fixed price of the purchase order. The Contractor will be required to provide evidence of insurance (certification of coverage and a paid http://www.dol.gov/owcp/dlhwc/lscarrier.htm invoice) within 30 calendar days from the date of award. The Contractor will be reimbursed for DBA insurance only to the extent the Contractor provides documentary proof that DBA insurance has been paid and only to the extent quoted in CLIN 0005.

B.7.4 The Contractor shall ensure that all subcontractors at every tier maintain

DBA insurance coverage for their employees performing work under this purchase order. The Contractor shall obtain and maintain documentation of DBA coverage for all subcontractor employees and shall make such documentation available to the Contracting Officer upon request.

B.8 JAMES ZADROGA 9/11 VICTIMS HEALTH AND COMPENSATION

ACT OF 2010 NOTICE

Unless a waiver or exception applies, payments subsequent to this procurement are subject to an excise tax of 2% pursuant to 26 U.S.C. 5000C.

B.9 TERM OF PURCHASE ORDER

This purchase order shall be effective from the date of the Contracting Officer's signature and shall remain valid until all work is completed and accepted and until the warranty period has expired.

B.10 DEFINITIONS

In this purchase order, the terms Contractor, Design-Build Contractor, Architect, Architect/Engineer (A/E) or General Contractor are used interchangeably, unless the context indicates otherwise. Each term shall mean the Contractor identified in the resulting purchase order.

B.11 ABBREVIATIONS

Abbreviation Meaning

A/E Architect/Engineer

CLIN Contract Line Item Number

CO Contracting Officer

COR Contracting Officer's Representative

DBA Defense Base Act

DOSAR Department of State Acquisition Regulation

FAR Federal Acquisition Regulation

FMO Financial Management Office

HCN Host Country National

IBR Incorporated by Reference

ILC Irrevocable Letter of Credit

LNTP Limited Notice to Proceed

NTP Notice to Proceed

QMP Quality Management Plan

QTY Quantity

SOW Statement of Work

TCN Third Country National

USG The Government of the United States, unless otherwise indicated

Abbreviation Meaning

VAT Value Added Tax

SECTION C – DESCRIPTIONS/SPECIFICATIONS/STATEMENT OF

WORK

The Statement of Work (SOW), identified as Attachment J.2.1, is hereby incorporated into and made a part of this Section C by reference as though set forth herein in its entirety. For purposes of contract interpretation, administration, and the order of precedence established by this purchase order, the SOW shall be considered part of Section C of the Schedule notwithstanding its physical placement in Section J as an attachment for administrative convenience.

SECTION D – PACKAGING AND MARKING

D.1 DUTY-FREE CLEARANCE

In accordance with the procedure described in Section H.16.1(b), Duty-free

Clearance, all shipping containers or otherwise, shall be labeled as follows:

Consignee:

U.S. Embassy Ethiopia

Entoto Road, Addis Ababa

ATTN: CDC Project Name: [to be inserted by the Contractor]

Purchase Order Number: [To be determined upon award]

Items shall be marked as “Diplomatic Cargo”.

D.1.1 Free Entry of Goods

To obtain a free entry for the goods the Contractor shall provide the COR with the following shipping documentation no later than 30 calendar days prior to the arrival of goods:

• Original Commercial Invoice

• Packing List

• Bill of Lading/Air Waybill (BOL/AWB), as applicable

In addition, the Contractor shall provide advance notice to the COR and the GSO

Shipping office of the U.S. Embassy Ethiopia at email: [To be provided at time of award]. The notification shall include the complete shipping documentation listed above and submitted at least one (1) or two (2) weeks before shipping any goods.

The GSO Shipping Office will process the documentation necessary to obtain the exemption upon receipt from the shipper of the commercial invoice, packing list, and the applicable rated ocean bill of lading (OBL) or air waybill (AWB).

D.1.2 Customs Clearance and Delivery

The Contractor should estimate a minimum of thirty (30) calendar days for customs clearance and delivery. Should the Contractor fail to provide any required paperwork for the customs clearance process to the U.S. Embassy’s shipping office, and the customs clearance procedure is delayed, the Contractor shall be required to pay any additional costs occurred (storage fees).

D.2 DOSAR 652.229-70 EXCISE TAX EXEMPTION STATEMENT FOR

CONTRACTORS WITHIN THE UNITED STATES (JUL 1988)

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

Contractor shall use a photocopy of this contract as evidence of intent to export.

Final proof of exportation may be obtained from the agent handling the shipment.

Such proof shall be accepted in lieu of payment of excise tax.

(End of clause)

D.2.1 TAX-EXEMPT NUMBER

Department of State Tax Identification Number: DOS 54-1352940

D.3 PACKAGING REQUIREMENTS FOR MAIL AND COURIER

SHIPMENT OF DOCUMENTS AND DRAWINGS

D.3.1 Separate packaging of electronic media and hardcopy material: The prime contractor and any associated subcontractors will package all drawings and electronic media (Sensitive but Unclassified (SBU) and unclassified) in separate mailing packages, specifically, electronic media will be transported in electronic media packages that contain no other drawings or hard copies of any kind, beyond that of transfer/receipt documentation. Hardcopy (paper) drawing and documents will be packaged separately.

D.3.2 Double wrapping and addressing of packages: For all shipping methods, the prime contractor and any associated subcontractors will ensure that all project documentation, SBU and unclassified, is double wrapped with both layers addressed properly and labeled with the sender’s address. No indication that the contents are SBU should appear on the outer wrapper. Document tracking receipts should be packaged inside the inner wrapping with the materials the receipt describes.

D.3.3 Packaging heavy materials in appropriate containers: In applying the above double wrapping and addressing procedures, items sent via U.S. mail or commercial carrier weighing more than one (1) pound shall have the inner package enclosed within an appropriately sized double-walled box or, for rolled drawings, a manufactured mailing tube. The cardboard box or mailing tube counts as the second layer of wrap.

D.4 SAFEGUARDING AND RELEASE OF SENSITIVE BUT

UNCLASSIFIED INFORMATION

D.4.1 The Contractor and its employees shall exercise utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract which has not been made public, except to the extent necessary to perform their required duties in the performance of the contract requirements or as provided by written authorization of the Contracting

Officer. All documents and records (including photographs) generated during the performance of work under this contract shall be for sole use of and shall become the exclusive property of the U.S. Government. No article, book, pamphlet, recording, broadcast, speech, television appearance, film or photograph concerning any aspect of the work performed under this contract shall be published or disseminated through any media, including company or personal websites, without the prior written authorization of the Contracting Officer. These obligations do not cease upon the expiration or termination of this contract or at any other point in time. The Contract shall include the substance of this provision in all subcontracts hereunder.

D.4.2 The Contractor shall notify the Contracting Officer if any legal dispute arises between the Contractor and any subcontractor or vendor pertaining to performance on this contract which could potentially result in disclosure of any information related to design, construction or maintenance of a diplomatic facility overseas.

Legal disputes include legal actions submitted to civil, criminal, local or federal courts, as well as disputes submitted to arbitration or mediation. This responsibility to notify the Contracting Officer shall not cease upon the expiration or termination of this contract. The Contractor hereby agrees to be responsible for all costs associated with the release, whether authorized or unauthorized, of "Classified" or

"Sensitive but Unclassified" information for which the Contractor or a subcontractor at any level is responsible, including releases associated with legal disputes, and agrees to fully indemnify the government for any expense that the government incurs as a result of the release or use of "Classified" or "Sensitive but

Unclassified" information including all costs associated with steps taken by the government to mitigate exposure in anticipation of the use of "Classified" or

"Sensitive but Unclassified" information in legal disputes and/or costs which result from mitigation of the release of "Classified" or "Sensitive but Unclassified" information. This indemnity agreement made herein by the Contractor includes all disputes with, between, and among the Contractor and any party and the

Contractor's sub-contractors, to the lowest tier and any party. This agreement by the Contractor to fully indemnify the government shall not cease upon the expiration or termination of this contract. The Contractor shall include the substance of this provision in all subcontracts.

SECTION E – INSPECTION AND ACCEPTANCE

52.246-12 Inspection of Construction (Aug 1996)

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

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

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

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

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

3. Constitute or imply acceptance; or

4. Affect the continuing rights of the Government after acceptance of the completed work.

(d) The presence or absence of a Government inspector does not relieve the

Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer.

(f) The Contractor shall, without charge, replace or correct work found by the

Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price.

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

Government may—

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

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

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

E.1 INSPECTION OF CONSTRUCTION

The Contractor is required to maintain an adequate inspection system that ensures all purchase order obligations are met under the terms and conditions of the purchase order. The Contractor must maintain inspection records and make them readily available to the Government upon request of the Contracting Officer or the

Contracting Officer's Representative (COR), in accordance with FAR 52.246-12.

E.2 SUBSTANTIAL COMPLETION

E.2.1 Substantial Completion: The stage in the progress of the work as determined and certified by the Contracting Officer or COR in writing to the

Contractor, on which the work or a portion thereof designated by the Government is sufficiently complete and satisfactory, in accordance with the requirements of the

Purchase Order Documents, that it may be occupied or utilized for the purpose for which it is intended, and only minor items such as touch-up, adjustments, and minor replacements or installations remain to be completed or corrected which: (1) do not interfere with the intended occupancy or utilization of the work, and; (2) can be completed or corrected within the time period required for final completion.

E.2.2 Date of Substantial Completion Inspection: The date determined by the

Contracting Officer or COR of which substantial completion of the work has been achieved.

E.2.3 Request for Substantial Completion Inspection: The Contractor shall give the COR at least 15 days advance written notice of the date the work will be substantially completed and ready for inspection and tests.

E.2.4 Use and Possession upon Substantial Completion: The Government shall have the right to take possession of and use the work upon substantial completion thereof. Upon notice by the Contractor that the work is substantially complete and verification thereof on the basis of an inspection by the COR and any required tests, the COR shall furnish the Contractor a Certificate of Substantial Completion, accompanied by the Schedule of Defects.

E.3 FINAL COMPLETION AND ACCEPTANCE

E.3.1 Definitions: (a) "Final completion and acceptance" means the stage in the progress of the work as determined by the COR and confirmed in writing to the

Contractor, on which all work required under the purchase order has been completed in a satisfactory manner.

(b) The "date of final completion and acceptance" means the date determined by the COR as of which final completion of the work has been achieved, as indicated by written notice to the Contractor.

E.3.2 Request for Final Inspection and Tests: The Contractor shall give the COR at least 15 days advance written notice of the date the work will be fully completed and ready for final inspection and tests.

E.3.3 Final Acceptance: Upon (a) satisfactory completion of all required tests, (b) verification by the COR on the basis of a final inspection that all items listed in the

Schedule of Defects have been completed or corrected and that the work is finally complete, and (c) submittal by the Contractor of all documents including contractor close-out documents, and other items required upon completion of the work, including a final request for payment, the COR shall issue to the Contractor a notice of final acceptance and process final payment as required by the purchase order.

E.4 USE OF EQUIPMENT BY THE GOVERNMENT

E.4.1 Right to Use: The Government may take over and operate, with Government employees, such equipment as is necessary for heating or cooling such areas of the building as require the service, and other equipment such as elevators, electrical, plumbing and mechanical systems, as soon as the installation is sufficiently complete to permit operation.

E.4.2 Notice: The COR will advise the Contractor in writing, prior to the use of the equipment, which items of equipment will be operated, and the date and time such operation shall begin.

E.4.3 EFFECT ON WARRANTIES: Government operation of equipment will not relieve the Contractor of any warranty or correction obligations elsewhere provided for in this contract. The applicable correction period, elsewhere provided for in this contract, for each piece of equipment shall be in accordance with the applicable provisions of this contract.

E.5 QUALITY CONTROL AND QUALITY ASSURANCE

E.5.1 Introduction. A principal factor of performance on a project is the

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

E.5.2 Quality Management Program: The Contractor’s QMP shall be COR-approved to provide employees, consultants, and/or joint-venture partners with established, uniform procedures for production of project data and documents throughout the construction process. Principal functions of the QMP are the following:

E.5.3 Quality Control (QC): Operational techniques and activities that are used to fulfill requirements for construction quality.

E.5.4 Quality Assurance (QA): Documentation of planned and systematic actions required to provide confidence that construction services provided are based on project requirements and satisfy stated requirements for quality.

E.5.5 Audits After award of the Contract: The Government may perform audits of the Contractor’s QMP to periodically assess conformance with the QMP in accordance with the provisions of Section E of the contract. Disapproval of the program, or major portions, may be cause for a delay in progress of the project’s development or, in some cases, withholding acceptance of the Contractor’s performed services. The Government may examine the Contractor’s existing quality system prior to award of this contract as part of a pre-contract assessment, in order to determine the ability of the Contractor to satisfy the “quality” requirements of this contract.

E.5.6 Agreement on Quality Assurance: The Contractor shall develop a clear understanding with all his consultants on quality assurance matters for which the contractors are responsible, and the quality assurance program of the contractor shall be integrated with that of the Contractor of record.

E.5.7 QMP Submittal Requirements: The QMP shall be structured and developed to include the following minimum requirements in Sub-Section E.5.

E.5.8 Organizational Structure: The Contractor shall define and submit a QMP organizational structure within 15 days of contract award, including charts and a description of responsibilities of key persons who will perform the services.

Persons responsible for interface with the Government, including the security manager and QMP Manager must be identified. A separate list should also include all team members, including consultants with telephone and email addresses.

In addition to the submittal of a Quality Management Plan submission, 21 calendar days after contract award, the Contractor shall also submit a preliminary

Quality Management Program as part of their proposal (See L.5.5.3 (E)).

E.5.9 Quality Policy: The Contractor shall have a stated corporate quality policy.

This policy shall be consistent with the Contractor’s quality policy in the QMP.

Necessary measures shall be taken by the Contractor to ensure that the corporate quality policy is understood, implemented, and maintained by all employees of the

Contractor and the Contractor’s subcontractors.

E.5.10 Building Standards: Construction must comply with the building codes and standards as detailed within the project drawings and specifications in addition to conforming to each volume, as applicable, of the 2006 International Code

Council body of codes. Inconsistencies among codes and standards shall be brought in writing to the attention of the COR. The COR will resolve any inconsistencies.

E.5.11 Other Procedures: Other procedures shall address construction management, procurement activities, quality records, and audits.

E.5.12 Security and Communications Interface: The Contractor’s QMP shall provide for integration of security and communications requirements into the project.

E.5.13 Checking, Coordinating, and Integrating Drawings: Quality control procedures shall be established to ensure individual drawings and other documentation have been checked and that all documentation, including that of the supporting disciplines (e.g., civil, structural, mechanical, electrical) have been coordinated and integrated. Deficiencies, ambiguities, conflicts, and inconsistencies shall be corrected prior to construction. Similar procedures shall be established to ensure that work in place complies with code requirements without the need for the United States Government to identify defects and initiate corrective action.

E.5.1.4 Document Control: The QMP shall ensure that documents, including subsequent changes, will be reviewed for adequacy, approved for release by authorized personnel, and properly conveyed to the Government. Persons responsible for reviewing, approving, and releasing new and revised documents shall be identified.

E.5.15 Reserved

E.5.16 Corrective Action: The QMP shall clearly define responsibilities and procedures for corrective action in the event that deficiencies in design/construction services or resulting deliverables are found to exist.

E.5.17 QMP Reporting: The Contractor shall prepare a sample Quality Assurance

(QA) Report to be submitted as part of the solicitation package. This sample report shall be updated and submitted within 15 calendar days from purchase order award. This report shall identify the QMP procedures used to review drawings and data for these submissions identifying steps taken to coordinate all drawings and documents provided by the Government and shall show Contractor’s coordination with the subcontractors. The report shall include: 1) QC Status of the project to include evidence of QC effort by inclusion of notes, comments, dialogue and discussion among and between disciplines of QC input and adjudication; 2)

Significant Program Problems and their solutions/corrective actions; 3)

Organization and Key Personnel Changes to be submitted within 5 working days in advance of the proposed change; 4) Certification of completion of QMP procedures and submission completeness; 5) Construction Documents Compliance Letter for the construction works.

E.6 FAN G SUITE (FAN.GOV)

E.6.1: The Department has added “FAN.gov,” a version of Google’s “G-suite” of applications for processing Unclassified and Sensitive but Unclassified (SBU)

Information.

The following are the types of unclassified information that may be processed on

FAN.gov:

• Unclassified information – Information that does not require administrative control and protection from public or other unauthorized disclosure for other reasons not subject to special handling and protection.

• Sensitive But Unclassified (SBU) – Information that is rated Federal

Information Security Act (FISMA) Moderate or Low impact that is not classified for national security reasons but that warrants/requires administrative control and protection from public or other unauthorized disclosure for other reasons.

• Personally Identifiable Information (PII) – PII is information that can be used to distinguish or trace someone's identity. PII information may be processed on FAN; however, there are additional policies, rules of behavior, and responsibilities that are applicable to processing PII on FAN.

• All other types of information are not permitted for storing, transmitting, or processing on FAN. See attached Guidance to Use of Online Collaboration

Systems for OBO SBU Communications.

E.6.2 FAN.gov Access and Section J – List of Attachments Distribution

The Government will provide the Statement of Work (SOW), specifications, drawings and other solicitation documents through FAN.gov. For this project, FAN.gov will be used solely during the solicitation process to facilitate the secure distribution and sharing of solicitation documents with prospective Offerors.

Prospective Quoters shall use FAN.gov only to access and download the specified solicitation documents for the purpose of preparing a quotation. FAN.gov shall not be used for the submission of quotations or for any solicitation-related communications. All quotations shall be submitted in accordance with the instructions provided in Section L.5.4(b), Submission of Quotations.

Access to the FAN.gov folder will be granted to authorized users only. Upon approval of access, each authorized user will receive an email containing a link to the folder. Access is individually assigned and tied to the user’s registered email address; therefore, users shall not share their access link with other individuals.

Each user must complete the required email verification process prior to accessing the folder.

If additional individuals within a Quoter’s organization require access to the solicitation documents, the Quoter shall submit a separate access request for each individual in accordance with the instructions provided in the Combined Synopsis and Solicitation. Each approved user will receive an automated email invitation and must complete the required verification process using their registered email address before gaining access.

SECTION F – DELIVERIES OR PERFORMANCE

Clause Title

52.242-14 Suspension of Work (Apr 1984)

52.242-15 Stop-Work Order (Aug 1989)

F.1 DELIVERIES OR PERFORMANCE

F.1.1 SUBMITTAL PROCEDURES

Effective from the date of contract award, the Contractor shall be required to commence with all administrative and procedural requirements for submitting

Shop Drawings, Product Data, Samples, and other submittals, as described in the

Technical Specifications, Statement of Work, and the submittal procedures contained therein, and to provide to the Government all Submittal documents for review and approval within 30 calendar days of award. The time stated for submission shall include the time required for mailing.

F.1.2 EQUIPMENT AND MATERIAL PURCHASE

Upon approval of the submittals, the Contractor shall be required to purchase the necessary equipment and materials required for the start of construction and arrange for transportation and shipment to the project site within 45 calendar days after issuance of a “Limited Notice to Proceed (LNTP).

Total Duration for Equipment/Material Purchase: 45 calendar days from

LNTP.

The 45-day period includes the purchase and delivery of equipment and materials and customs clearance.

F.1.3 CONSTRUCTION WORK

Construction portion of the contract: The Contractor shall be required to (a) commence on-site construction work under this contract within 15 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 180 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 of Construction Work: 180 calendar days from the date of the

CNTP

F.2 LQUIDATED DAMAGES

F.2.1 FAR 52.211-12 Liquidated Damages – Construction (SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of USD 406.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed.

F.3 DELIVERABLES/DELIVERY SCHEDULE

The project/delivery schedule is a key parameter of this project, and timely completion of the construction work is key to the project as a whole.

Deliverable items required by this contract shall be delivered in accordance with the delivery schedule set forth in Section F. 3 below:

ABBREVIATIONS:

CO Contracting Officer

COR Contracting Officer’s Representative

CNTP Construction Notice to Proceed

LNTP Limited Notice to Proceed

Reference Item Description Qty Submission Date Deliver

To

H.1.1/H.1.2 Irrevocable Letters of Credit or bonds Originals

Within 30 calendar days after award

CO

To

H.2 General Liability

Insurance Originals

Within 30 calendar days after award

CO

B.7

Defense Base Act

Insurance (all employees)

Originals Within 30 calendar days after award

CO

H.14.5 and

H.25

Housing and

Recruitment Plan

(if applicable)

One each As changes occur CO/COR

Section I FAR

52.222-

50(h)(4)(ii)

Trafficking in

Persons (TIP)

Compliance Plan

One 30 days after award CO

Section I FAR

52.222-

50(h)(5)

TIP Compliance

Plan Certification One Annually after award CO

E.5

Quality

Management

Program

One Within 21 calendar days after award

COR

F.4 Construction

Schedule One

Within 30 calendar days after award

COR

H.12 Safety Plan One Within 30 calendar days after award

COR

Section H.15.1; Submittals Register One Within 30 calendar days after award

COR

To

SOW – IV

paragraph. 3.a;

Technical

Specification, paragraph.

1.6.A; and paragraph.

1.7.B.13

H.14.4 Construction Site

Personnel One

15 calendar days after award

COR

E.5 Inspection Reports One Weekly after

Construction NTP

COR

G.4 Payment Request One Monthly after CNTP

COR /

Copy to

CO

F.5 Monthly Progress

Report One

Within 7 calendar days after the last calendar day of each month with monthly invoice

COR

F.4

Updated

Construction

Schedule

One With each payment request

COR

To

E.2.2

Request for

Substantial

Completion

One

15 calendar days before proposed inspection

COR

E.3.3 Request for Final

Acceptance One

15 calendar days before proposed final acceptance

COR

H.4.4 & H.17.2 As-Built Drawings and Warranties One

Within 15 calendar days of final completion but before final acceptance & final payment

COR

G.4.2(c)

Final Payment

Release Statement and Purchase Order

Close-Out

Documents

One

With final invoice

Note: Final payment may only be made with prior approval of the Contracting

Officer

COR and

CO

F.3 DISTRIBUTION AND DELIVERY ADDRESSES FOR CERTAIN

DELIVERABLE ITEMS

a) All CDC-E submittals shall be submitted to the COR to following address:

U.S. Embassy Ethiopia

Entoto Road, Addis Ababa

Attn: COR – (To be provided at time of award)

b) Simultaneously with submission to the COR, the Contractor shall provide copies of all required submittals to the Construction Monitoring Services (CMS) Contractor

(contact information to be provided at the time of award), CDC Technical Team and

RPSO.

Note: Any and all costs for the preparation, handling and submission of weekly and monthly reports shall be included in the total firm-fixed price of the contract.

F.4 CONTRACTOR'S SUBMISSION OF CONSTRUCTION

SCHEDULES

(a) The time for submission of the schedules referenced in Section I, 52.236-15, "Schedules for Construction Contracts," paragraph (a), is hereby modified to reflect that the submission shall be within 30 calendar days after purchase order award.

(b) These schedules shall include the time by which shop drawings, product data, samples and other submittals required by the purchase order shall be submitted for approval.

(c) The Contractor shall revise such schedules: (1) to account for the actual progress of the work; (2) to reflect approved adjustments in the performance schedule; and (3) as required by the COR to achieve coordination with work by the

Government and any separate contractors employed by the Government.

(d) All deliverables shall be in the English language, unless otherwise provided hereunder.

F.5 MONTHLY PROGRESS REPORT

Monthly progress reports shall be submitted within seven days after the last calendar day of each month during this purchase order. Reports shall be in letter format and contain information relevant to this project, including, but not limited to, accomplishments during the previous month, anticipated accomplishments for the next month, update of the construction schedule, arising or occurring problems and possible or proposed solutions, questions that require answers or directions from the Post, any pending Government review comments regarding the

Contractor's submittals, any proposed change orders that have not been executed, and any other pertinent information required to report the progress of performance under this purchase order. Contractor shall also provide site photos.

F.6 ACCEPTANCE OF SCHEDULE

When the Government has accepted any time schedule, it shall be binding upon the

Contractor. The completion date is fixed and may be extended only by a written purchase order modification signed by the Contracting Officer. Acceptance or approval of any schedule or revision thereof by the Government shall not:

1. extend the completion date or obligate the Government to do so;

2. constitute acceptance or approval of any delay; nor

3. excuse the Contractor from or relieve the Contractor of its obligation to maintain the progress of the work and achieve final completion by the established completion date.

F.7 NOTICE OF DELAY

(a) In the event the Contractor receives a notice of any change in the work, or if any other conditions arise which are likely to cause or are actually causing delays, the Contractor shall notify the Contracting Officer of the effect, if any, of such change or other conditions upon the approved schedule. Such notice shall be given promptly and not more than ten (10) days following the first occurrence of the event giving rise to the delay or prospective delay. Revisions to the approved time schedule shall only be made with the approval of the Contracting Officer.

(b) Should the Contractor seek to claim a delay for which no time impact analysis was performed prior to the occurrence of a delay, the Contractor shall submit a written time impact analysis, including a narrative and fragmentary CPM Network

(Schedule Fragnet) demonstrating the actual effect of the delay.

F.8 EXCUSABLE DELAYS

The Contractor will be allowed time, not money, for excusable delays as defined in

FAR 52.212-4(f). Examples of such cases include:

1. Acts of God or of the public enemy,

2. Acts of the Government in either its sovereign or contractual capacity,

3. Acts of another contractor in the performance of a contract with the

Government,

4. Fires,

5. Floods,

6. Epidemics,

7. Quarantine restrictions,

8. Strikes,

9. Freight embargoes,

10. Unusually severe weather, or

11. Delays of subcontractors or suppliers at any tier arising from unforeseeable causes beyond the control and without the fault or negligence of both the

Contractor and the subcontractors or suppliers.

In each instance, the failure to perform must be beyond the control and without the fault or negligence of the Contractor, and the failure to perform. Furthermore, the failure:

1. Must be one that the Contractor could not have reasonably anticipated and taken adequate measures to protect against,

2. Cannot be overcome by reasonable efforts to reschedule the work, and,

3. Directly and materially affects the date of final completion of the project.

F.9 NOTICE TO PROCEED

(a) Limited Notice Proceed: Within 30 calendar days after award of the purchase order, the Contractor shall submit all Shop Drawings, Product Data, Samples, and other submittals in accordance the SOW and technical specification. Upon

Government approval of these submittals, and upon receipt from the Contractor of the Letters of Credit (ILC) or bonds, evidence of insurance (including DBA insurance) within the time specified in Section H of this purchase order, and acceptance of these documents, the Contracting Officer may issue a Limited

Notice to Proceed (LNTP) authorizing the Contractor to proceed with the purchase, transportation, and shipment of approved long-lead materials and equipment and limited mobilization activities and planning .

(b) Construction Notice to Proceed (CNTP): Following completion of the equipment and material purchase phase, and upon confirmation that all required equipment and materials have been delivered to the project site, the Contracting

Officer will provide the Contractor with a Construction Notice to Proceed

(CNTP) for the construction effort. The Contractor shall then prosecute the work required hereunder, commence and complete performance not later than the time period established in the contract.

(c) If determined to be in the Government's best interest, the Contracting Officer may issue the LNTP prior to completion of the full 30-day submittal review and approval period to authorize only those limited activities identified in the LNTP, such as preparatory work, coordination and limited mobilization activitiest. If an

LNTP is issued on this basis, the preparation period and the applicable construction completion dates may be adjusted accordingly by the Contracting Officer.

(d) The Contracting Officer may elect to issue the LNTP or CNTP prior to receipt and acceptance of any bonds, evidence of insurance, or construction schedules.

Issuance of the LNTP or CNTP by the Government before receipt and acceptance of the required bonds, insurance certificates or policies, and the construction schedules shall not be a waiver of the requirement to furnish these documents.

F.10 PRE-PERFORMANCE / PRE-CONSTRUCTION CONFERENCE

A pre-performance (kick-off meeting) and a pre-construction conference may be held after contract award or following issuance of the Limited Notice to Proceed

(LNTP) and Construction Notice to Proceed (CNTP) in order to discuss the local permit(s) planning, schedule, submittals, notice to proceed, mobilization, and other important issues that affect construction progress.

If the Government decides to conduct a pre-performance and/or pre-construction conference, the successful offeror will be notified and will be required to attend.

The notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

F.11 WORKING HOURS

(a) Acceptable working hours at the site are between 08:30 – 17:00, Monday through Friday and Saturday from 08:30 – 12:30 (excluding official holidays).

Actual construction work hours shall be coordinated with the COR.

The COR may, upon request and if circumstances permit, approve other hours and/or work on weekends and holidays provided that no additional costs will arise to the U.S. Government as a result thereof. A minimum of 48 hours advance notice of intent to request other hours shall be given to the COR.

(b) In addition to recognized local public holidays, the Department of State observes the following American holidays, and/or any other day designated by

Federal law, Executive Order, or Presidential Proclamation:

HOLIDAY SCHEDULE FOR 2026-2027

DATE HOLIDAY U.S./ET

Sep 7,2026 Labor Day U.S.

Sep 11,2026 Ethiopian New Year (Enkutatash) ET

Sep 27,2026 Meskel ET

Oct 12,2026 Columbus Day U.S.

Nov 11,2026 Veterans Day U.S.

Nov 26,2026 Thanksgiving Day U.S.

Dec 25,2026 Christmas Day U.S.

Jan 1,2027 New Year’s Day U.S.

Jan 7,2027 Ethiopian Christmas (Genna) ET

Jan 19,2027 Epiphany (Timket) ET

Jan 19,2027 Birthday of Martin Luther King, Jr. U.S.

Feb 16,2027 Washington’s Birthday U.S.

Mar 2,2027 Victory of Adwa ET

Mar 20*2027 Eid-al-Fitr (End of Ramadan) ET

Apr 10,2027 Ethiopian Good Friday ET

Sun, Apr 12 Ethiopian Easter (Fasika) ET

May 1,2027 May Day (International Labor Day) ET

May 5,2027 Patriots’ Victory Day ET

May 25,2027 Memorial Day U.S.

May 27*,2027 Eid-al-Adha (Arefa) ET

Jun 19,2027 Juneteenth U.S.

Jul 4,2027 Independence Day U.S.

Aug 26*,2027 Birthday of Prophet Mohammed (Moulid) ET

Sep 6,2027 Labor Day U.S.

Sep 11,2027 Ethiopian New Year (Enkutatash) ET

Sep 27,2027 Meskel ET

Oct 12,2027 Columbus Day U.S.

Nov 11,2027 Veterans Day U.S.

Nov 26,2027 Thanksgiving Day U.S.

Dec 25,2027 Christmas Day U.S.

*Holiday is based on the lunar calendar. The exact date will be determined by the religious authorities at a later date and may be subject to change.

(c) When any American holiday falls on a weekend, the preceding day or the following day is observed. Observance of such days by Government personnel shall not be cause for entitlement to additional time or money except as set forth in the purchase order.

(d) If the Contractor’s personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized pursuant to an overtime clause elsewhere in this contract.

(e) If the Government incurs costs to pay Government personnel to provide site access or monitor work on a weekend or holiday, the Contractor shall be required to reimburse the Government for those costs.

SECTION G – PURCHASE ORDER 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 purchase order. 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…