19GE5026Q0106 - Att. 1 - Schedule and Contract Clauses-.pdf

SOLICITATION 19GE5026Q0106

ATTACHMENT 1: SCHEDULE & CONTRACT CLAUSES

TABLE OF CONTENTS

SECTION I – THE SCHEDULE

A. ACQUISITION TYPE

B. SUPPLIES OR SERVICES AND PRICES / COSTS

B.1 SERVICES

B.2 TYPE OF CONTRACT

B.3 CONTRACT PRICE

B.3.2 CURRENCY

B.4 VALUE ADDED TAX (VAT)

B.5 DEFENSE BASE ACT (DBA) INSURANCE

B.6 COST OF MATERIALS / EQUIPMENT

B.7 PRICE PROPOSAL BREAKDOWN (PPB)

B.8 DEFINITION

C. DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

C.1 PART ONE – GENERAL

C.2 PART TWO - PRODUCTS

C.3 PART THREE – EXECUTION

C.4 PART FOUR – SCHEDULE

C.5 SOW ATTACHMENTS

C.6 WARRANTY

D. PACKAGING AND MARKING

D.1 DUTY-FREE CLEARANCE

D.1.2 Free Entry of Goods

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

CONTRACTORS WITHIN THE UNITED STATES (JUL 1988)

D.3 PACKAGING REQUIREMENTS FOR MAIL AND COURIER SHIPMENT OF

DOCUMENTS AND DRAWINGS

D. 4 SAFEGUARDING AND RELEASE OF SENSITIVE BUT UNCLASSIFIED

INFORMATION

E. INSPECTION AND ACCEPTANCE

E.1 FAR 52.246-12 - INSPECTION OF CONSTRUCTION (AUG 1996)

E.2 SUBSTANTIAL COMPLETION

19GE5026Q0106

E.3 FINAL COMPLETION AND ACCEPTANCE

E.4 USE OF EQUIPMENT BY THE GOVERNMENT

E.5. QUALITY CONTROL AND QUALITY ASSURANCE

E.6 REMOVED

E.7 PROJECT COMMUNICATIONS

E.8 FAN SYSTEM

E.9 KAHUA PLATFORM

F. DELIVERIES OR PERFORMANCE

F.1.1 PERFORMANCE OF WORK

F.2 DELIVERABLES / DELIVERY SCHEDULE

F.3 CONTRACTOR'S SUBMISSION OF CONSTRUCTION SCHEDULES

F.4 MONTHLY PROGRESS REPORT

F.5 ACCEPTANCE OF SCHEDULE

F.6 NOTICE OF DELAY

F.7 EXCUSABLE DELAYS

F.8 FAR 52.242-14 - SUSPENSION OF WORK (APR 1984)

F.9 LIQUIDATED DAMAGES

F.10 NOTICE TO PROCEED

F.11 PRE-PERFORMANCE / PRE-CONSTRUCTION CONFERENCE

F.12 FAR 52.236-26 – PRE-CONSTRUCTION CONFERENCE (FEB 1995)

F.13 WORKING HOURS

G. CONTRACT ADMINISTRATION DATA

G.1 AUTHORITY OF CONTRACTING OFFICER

G.2 DOSAR 652.242-70 - CONTRACTING OFFICER'S REPRESENTATIVE

(COR)(AUG 1999)

G.3 FAR 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (DEVIATION JAN

2026) 45

G.4. PAYMENT

G.5 ADVANCE PAYMENT

H. SPECIAL CONTRACT REQUIREMENTS

H.1 BOND REQUIREMENTS

H.2 INSURANCE

H.3 DEFINITIONS

H.4 OWNERSHIP AND USE OF DOCUMENTS

H.5 DOCUMENT SECURITY

H.6 GOVERNING LAW

H.7 LANGUAGE PROFICIENCY

H.8 LAWS AND REGULATIONS

H.9 RESPONSIBILITY OF CONTRACTOR

H.10 CONSTRUCTION OPERATIONS

H.11 TEMPORARY FACILITIES AND SERVICES

H.12 SAFETY

H.13 SUBCONTRACTORS AND SUPPLIERS

H.14 CONTRACTOR PERSONNEL

H.14.1 Key Personnel

H.14.5 Contractor Recruitment of Third Country Nationals (TCNs)

H.15 MATERIALS AND EQUIPMENT

H.16 IMPORTED MATERIALS, EQUIPMENT, AND PERSONNEL

H.17 SPECIAL WARRANTIES

H.18 EQUITABLE ADJUSTMENTS

H.19 NONCOMPLIANCE WITH CONTRACT REQUIREMENTS

H.20 ZONING APPROVALS / BUILDING PERMITS

H.21 ASSIGNMENT

H.22 AVAILABILITY OF FUNDS

H.23 ASBESTOS-CONTAINING MATERIALS RESTRICTION

H.25 RECRUITMENT OF THIRD COUNTRY NATIONALS FOR PERFORMANCE

ON DEPARTMENT OF STATE CONTRACTS (DEC 4, 2014)

SECTION II – CONTRACT CLAUSES

I. CONTRACT CLAUSES

FAR 52.212-4 Terms and Conditions—Commercial Products and Commercial Services (Jan 2026) -

Amended

FAR 52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS (FEB 2021)

FAR 52.232-5 PAYMENTS UNDER FIXED PRICE CONSTRUCTION CONTRACTS

(MAY 2014)

FAR 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (Deviation JAN 2026)

FAR 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(Deviation JAN 2026)

DOSAR 652.236-70 ADDITIONAL SAFETY MEASURES (OCT 2017)

SECTION III- List of Documents, Exhibits, and Other Attachments

J. LIST OF ATTACHMENTS

SECTION IV – REPRESENTATIONS AND INSTRUCTIONS

K. Representations, certifications, and other statements of offerors or respondents

L. Instructions, conditions, and notices to offerors or respondents

M. Evaluation factors for award

SECTION I – THE SCHEDULE

A. ACQUISITION TYPE

This is a commercial acquisition as defined in Federal Acquisition Regulation (FAR) 2.101, Definitions, and as described in FAR part 12, Acquisition of Commercial Products and Commercial Services. The solicitation will result in a fixed-price Purchase Order for construction services as outlined in the

Statement of Work below.

In addition to FAR12 clauses, the solicitation includes FAR36 clauses and other clauses applicable for construction requirements.

ADDENDA TO FAR52.212-4

(b) Inspection/Acceptance. In addition to the terms listed, Inspection/Acceptance shall also include the requirements defined in Section E of this solicitation.

(d) Changes. Has been amended as shown in Section II below.

(f) Excusable Delays. In addition to the terms listed, Excusable Delays shall also include the requirements defined in Section F.7 of this solicitation.

(i) Payment. In addition to the terms listed, Payment shall also include the requirements defined in

Section G.4 and G.5.

(o) Warranty. In addition to the terms listed, Warranty shall also include the requirements defined

Sections C.6 and H.17 and FAR52.246-21 Warranty of Construction.

B. SUPPLIES OR SERVICES AND PRICES / COSTS

B.1 SERVICES

The Contractor shall provide all materials, equipment, labor, engineering, supervision and construction services required to complete repair and rehabilitation of the sewer lines for eight buildings in the Carl

Schutz Siedlung, Frankfurt.

All work shall be performed in accordance with the Statement of Work, set forth in Sections C and J, specifications and drawings provided. The contractor shall perform the services in accordance with the terms and conditions of this solicitation, and in strict conformance with the contract clauses and any special conditions contained herein.

B.2 TYPE OF CONTRACT

This is a firm fixed-price contract payable entirely in the currency indicated by the Contractor in Sub-

Section B.3. No additional sums will be payable 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 achieving the results required by this contract. Nor will the contract price be adjusted on account of fluctuations in 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 delays caused by the Government (see Sub-Section F.9, Excusable Delays) as determined and approved by the Contracting Officer.

B.3 CONTRACT PRICE

The Contractor shall complete all work, including furnishing all labor, material, equipment and services, unless otherwise specified herein, required under this contract for the firm-fixed price(s) indicated below and within the time specified herein. This price shall include all labor, materials including insurance required by FAR 52.228-4, Workers’ Compensation and War-Hazard Insurance, profit) and if applicable, value-added tax (VAT), Sub-Section B.4 and DBA, Sub-Section B.5. Any costs not priced will be considered to be included in the overhead and other indirect costs.

Note: Current DBA requirements “DEFENSE BASE ACT – INSURANCE” are found at solicitation

Sub-Section K.6.

A Price Proposal Breakdown is provided in in Attachment 2 for the offerors to complete and submit with

Volume 1 – Price Proposal.

The offeror shall insert the prices, and the currency in which the offer is made, below:

B.3.1

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 design, labor, services, materials, equipment, overhead, costs for insurance, costs of obtaining Irrevocable Letters of Credit, profit, travel, DBA Insurance, and any other costs required to perform and complete all construction services, in accordance with the 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.

CLIN Description of Work or Service Price

Repair and rehabilitation of the sewer lines for eight buildings in the Carl Schutz

Siedlung.

Price shall include all professional services, overheads, labor, material, equipment and services, cost of insurance (other than DBA), cost of obtaining Irrevocable Letters of

Credit (ILCs) and profit, to perform and complete all works in accordance with the

Statement of Work (SOW), and contract terms and conditions.

002 VAT (if applicable), see Sub-Section B.4

Defense Base Act Insurance (DBA)

(if applicable), see Sub-Section B.5

Total Firm Fixed Price

B.3.2 CURRENCY

The currency shall be fixed and cannot be changed by modification to the contract. The offeror shall insert the prices, and the currency in which the offer is made, below:

Currency: __________________

B.4 VALUE ADDED TAX (VAT)

The contractor shall be responsible for paying to the appropriate authority the applicable rate of Value

Added tax. If applicable, offerors shall identify Valued Added Taxes (VAT) as a separate Item Line in

Section B.3.1 Pricing and the detailed Price Breakdown - Attachment 2.

The VAT charged to the USG under the VAT line items should be the VAT that German law requires you, the Prime Contractor, to pay to its tax authorities. To be eligible for a VAT line item on this contract, you must provide a VAT registration number upon registration. If VAT is charged to you, the Prime

Contractor, by your local subcontractor, effectively VAT should be included as part of your cost proposal and reflected in Design and Construction CLINs.

Any VAT paid to the Contractor will result in the USG presenting the Contractor's invoice to local authorities for reimbursement of the output VAT under the terms of the Vienna Convention on

Diplomatic Relations. Therefore, please ensure you have authorization to collect VAT on behalf of

German authorities and verify that the amount is correct, as there will be no upward adjustments to the contract price. If local laws require VAT payment on only a small fraction of the contract amount, please share the relevant law and its implementing regulations with thew USG Contracting Officer for review.

The contractor will be reimbursed for VAT only to the extend listed in the contract and upon contractor provides documentary proof that VAT has been paid to the host Government against a valid registration number and only up to the amount quoted in section B.3.1 and detailed Price Breakdown - Attachment 2

Any refund to the contractor shall be paid over to the Government to the extent the Government reimbursed the contractor for VAT payment.

The Contractor shall only insert VAT amounts in VAT CLINs if you have or will obtain a German VAT registration number allowing you to collect VAT on behalf of the German authorities. If actual work will be performed by a subcontractor pursuant to DOSAR 652.242-73(b) and that party charges VAT to you, the Contractor, then that is input VAT, which should be included as part of your price proposal in construction CLINs. In this case, VAT CLINs should reflect a VAT amount of $0.00.

B.4.1 Excise Tax: 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. The Contractor shall complete attached form W-14 in order to apply for an exemption of the Excise Tax, if applicable.

B.5 DEFENSE BASE ACT (DBA) INSURANCE

B.5.1 DBA insurance is required for all United States citizens or residents and individuals hired in the

United States, regardless of citizenship for any construction and services for U. S. overseas contracts over US $10,000.00. Only the countries listed currently on the Department of Labor’s (DOL) Active

DBA Waivers are not required to have DBA insurance for Host Country Nationals (HCNs) and Third

Country Nationals (TCNs) working overseas. (See website for country waivers:

https://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm).

B.5.2 The DBA insurance may be obtained from any authorized DBA insurance broker, see Sub-

Section I.12, FAR 52.228-3 WORKER’S COMPENSATION INSURANCE (DEFENSE BASE ACT)

(APR 1984). New DBA insurances policies can be purchased directly from any DOL (Department of

Labor) approved insurance carrier. A list of DOL approved carriers may be found at http://www.dol.gov/owcp/dlhwc/lscarrier.htm.

B.5.3 The Contractor will be reimbursed for DBA only to the extent the contractor provides documentary proof that DBA has been paid and only to the extent quoted in CLIN 003 above.

B.5.4 DBA insurance cost will be evaluated as part of the total evaluated fixed price and included in the fixed price of the contract. Where DBA is applicable, the Contractor will be required to provide evidence of insurance (certification of coverage and a paid invoice) within 30 calendar days from the date of award.

NOTE: Germany is listed on the DOL Active DBA Waiver list and DBA insurance is not required for

Local Nationals and Third Country Nationals performing under this contract. DBA Insurance is required for US Nationals performing under this contract.

B.6 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.

B.7 PRICE PROPOSAL BREAKDOWN (PPB)

The Price Proposal Breakdown is provided under Section J – List of Attachments, Attachment 2. The contract resulting from this solicitation shall be a Firm Fixed-Price contract and not a Bill of Quantities

(BOQ) type contract providing for unit pricing of items and for payment based on quantity surveys. The total price will therefore not be adjusted upwards or downward to reflect work performed as determined by quantity surveys performed. It is a requirement for offerors to provide a breakdown of proposal by completing the PPB. The PPB shall be adjusted as desired to correspond with his Firm Fixed Price.

The PPB provided is for reference purposes only. The contractor is required to verify the quantities and dimensions based on the drawings and specifications provided, and information acquired during the Site

Visit. The contract price will not be adjusted due to increased quantities required during performance of the contract.

B.8 DEFINITION

In this contract, the terms Contractor or General Contractor are used interchangeably unless the context indicates otherwise. Each term shall mean the Contractor identified in Item 14 on page 1b of the

Standard Form 1442 of the resulting contract.

B.9 ABBREVIATIONS

CLIN Contract Line Item Number

CO Contracting Officer

COR Contracting Officer’s Representative

D/B Design/Build Contractor

DBA Defense Base Act

DOSAR Department of State Acquisition Regulations

FAR Federal Acquisition Regulations

HCN Host Country Nationals

ILC Irrevocable Letter of Credit

INL Bureau of International Narcotics and Law Enforcement Affairs

NET PRICE Contract Amount without Value Added Tax

NTP Notice to Proceed

QTY Quantity

SOW Statement of Work

TCN Third Country Nationals

USG US Government

C. DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

The Contractor shall provide all materials, equipment, labor, engineering, supervision and construction services required to complete repair and rehabilitation of the sewer lines for eight buildings in the Carl

Schutz Siedlung, Frankfurt.

The Contractor shall construct this project in accordance with the technical requirements and documents referenced in Sections C.

The Construction shall be completed within the firm fixed price contract award amount. The period of performance is identified in Section F.

C.1 PART ONE – GENERAL

C.1.1 SUMMARY:

A. The U.S. Consulate General Frankfurt has a requirement to renovate the main sewer lines in eight (8) buildings located at the Siedlung Housing, 60320, Frankfurt am Main, Germany. The Contractor shall furnish all materials, equipment, and labor required to complete the work.

The buildings to replace the sewer lines are:

▪ Jacob Leisler 12/10

▪ Platenstrasse 11/9

▪ Hansaallee 137/135

▪ Hansaallee 133/131

▪ Becher Strasse 12

▪ Jacob Leisler 16/14

▪ Ernst-Schwendler-Str. 13/15

▪ Ernst-Schwendler-Str. 5/7

B. This project involves the repair and rehabilitation of the sewer lines for eight buildings in the Carl Schutz Siedlung. The work will be executed using the replacement method, which involves excavation with minimum disturbance to the tenants and surrounding structures.

C. The objective of this project is to repair and restore the sewer line system within the 8 buildings. This includes removing damage, preventing future leaks, and ensuring the proper flow of waste through the system. The in-line method will be used to install or repair the pipes and ensure minimal disruption to residents.

C.1.2 SUBMITTALS:

A. Contractor's executed insurance certificate.

B. Contractor’s crew individual identification information for visitor access requests.

C. Submit list of all subcontractors with evidence of subcontractor's insurance coverage.

D. Project schedule showing work phasing and proposed daily progress.

E. Project Safety Plan (PSP)

F. Material manufacturers and accessory product data sheets in accordance with part two.

G. Shop Drawings and calculations.

H. Warranty: The Contractor shall provide a written five-year workmanship warranty after date of substantial completion to cover all elements of work to be free of defects.

Manufacturer’s standard material/equipment warranties are to be provided for all new items.

I. Quality Management Plan (QMP).

J. Manufacturer's technical data sheets for the new pipe materials, including resin types, physical properties (tensile strength, flexural strength, modulus), chemical resistance, and expected service life.

K. Technical specifications for all equipment to be used, including high-pressure water jetting units and CCTV inspection systems.

L. Certificates of compliance verifying that all sewer materials, resins, and curing systems meet ASTM F1216, ASTM F1743, or equivalent local standards.

M. Certification of environmental compliance for all cleaning agents and waste disposal methods.

N. Detailed pressure testing procedures for post-repair verification, including testing equipment calibration certificates.

O. A project-specific work plan detailing the sequence of work, installation methods for the

CIPP system, curing methods, access point restoration techniques, and quality assurance/control measures.

P. Safety plan describing site protection measures, traffic management (if applicable), and emergency response procedures.

Q. Post-repair CCTV inspection videos to verify the quality of the new pipe installation.

R. A plan outlining methods for collection, storage, transport, and disposal of debris and waste in compliance with local environmental regulations.

S. Draft templates for the Final Project Report, including sample sections for test results, summary of repairs completed, challenges encountered and as-built documentation.

C.1.3 SUBSTITUTIONS AND PRODUCT OPTIONS:

A. Contractor's Representation:

Request for substitution constitutes a representation that Contractor:

1. Has investigated proposed product and determined that it is equal to or superior in all respects to that specified.

2. Shall coordinate installation of accepted substitution into Work and make such other changes as may be required for Work to be complete in all respects.

3. Waives all claims for additional costs, under his responsibility, related to substitution, which subsequently becomes apparent.

4. If substitution is not approved or accepted, Contractor shall furnish specified product.

B. Substitutions:

1. During Solicitation, only written requests for substitutions of products in place of those specified will be considered. Such requests must be received at least two weeks prior to Proposal Date. Requests received after that time will not be considered. Approval of substitutions will be set forth in an Amendment.

2. Following contract award, only written requests for substitutions of products in place of those specified will be considered. Such requests must be received at least two weeks prior to their required on-site delivery date. Approval of substitutions that require changes to contract cost or period of performance will be set forth in a

Modification to the contract issued by the CO. All other substitutions that do not affect contract cost or period of performance will be accepted in writing by the

COR.

3. Requests for substitutions supported with complete data, drawings, and appropriate samples shall include data listed below:

a. Product description, performance and test data, and applicable reference standards.

b. Changes required in other elements of Work because of substitution.

c. Effect on construction schedule.

C. Product Options: For products specified by naming several products or manufacturers, select any product and manufacturer named.

C.1.4 CONTRACT ADMINISTRATION

A. The Contractor shall not conduct any work that is beyond this Statement of Work and accompanying contract documents unless directed in writing by the Contracting Officer (CO). Any work done by the Contractor beyond this SOW and accompanying contract documents without direction from the CO will be at the Contractor’s own risk and at no cost to the Government.

B. The Contracting Officer shall provide a Notice to Proceed (NTP) to the Contractor. No work shall commence until the NTP is issued by the CO.

C. The Contracting Officer may designate more than one individual to serve as the Contracting

Officer's Representative (COR). The Contractor will be furnished evidence of COR appointments, including explicit authority delegated to each COR and their responsibilities.

D. The U. S. Government does not make representations or warranties of whatsoever kind or nature, either expressed or implied, as to the quality, level of completion, accuracy, extent of compliance with the standards, codes and requirements described or referred to in this SOW, or the extent of coordination between or among the documents provided to the Contractor.

E. The U. S. Government’s review, approval, or acceptance of, nor payment for the services required under this contract shall be construed to operate as a waiver of any rights under this contract or any cause of action against the Contractor arising out of the performance of this contract.

F. The Contracting Officer has the authority to issue a temporary stop order during the execution of any phase of this SOW. This authority may be executed when the U. S. Government requires time for official functions or is in possession of specific credible information indicating that the lives of U. S. Government personnel are immediately threatened, and that the execution of the project will increase the U. S. Government's vulnerability. The Contractor shall promptly notify the CO that work has been stopped.

G. If any of the Contractor’s services do not conform to the contract requirements, the COR may require the Contractor to perform the services again in conformity with the contract requirements.

The U. S. Government may by contract or otherwise, perform the services and charge the

Contractor any cost incurred by the U. S. Government that is directly related to the performance of such service or terminate the contract for default.

H. The U. S. Government has the right to terminate this contract for convenience at any time in whole, or from time to time, if the Contracting Officer determines it is in the interest of the U.S.

Government.

I. All documentation produced for this project shall become the ownership of the U.S. Government at the completion of this project.

C.1.5 QUALITY CONTROL:

A. The Government has the right to inspect and test all services, to the extent practicable at all times and places during the work. Consulate Facility Management staff may perform full time quality assurance inspections and tests during construction to confirm the work is installed according to the Scope of Work.

B. The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all construction and other services furnished under this contract. The

Contractor shall, without additional compensation, correct or revise any errors or deficiencies in its construction and other services.

C. Maintain quality control over suppliers, manufacturers, products, services, site conditions, and workmanship to produce work of specified quality.

D. The Work shall be governed by the U.S. Consulate Frankfurt, Germany. All work is to be in compliance with International Codes and standards, which includes the most recent published edition of the OBO Building code, National Fire Prevention Association

(NFPA), International Fire Code (IFC), International Building Code (IBC) , International

Mechanical Code (IMC), International Plumbing Code (IPC), National Electrical

Installation Standards (NEiS), National Electrical Safety Code (NESC), Standard for

Electrical Safety in the Workplace (NFPA-70E) and National Electric Code (NFPA-70), Architectural Barriers Act (ABA), DS Security Classification Guide for Design and

Construction of Overseas Facilities as amended by OBO, German Institute for

Standardization (DIN), European Standard (EN) or (ESOs), all Frankfurt city and Hessen state building codes also are applicable. Should there be a discrepancy between the US

Consulate Specifications and the applicable Building Code, the more stringent of the two shall govern.

E. The Contractor is responsible for compliance with all Building Codes; Work not in compliance with the Codes shall be deemed to be unacceptable.

F. Quality Management Plan (QMP). The Contractor shall submit a project specific QMP for review by the COR. The Contractor shall be responsible to meet the guidelines of the QMP throughout the duration of work and shall be subject to the oversight of the Project

Superintendent on all issues relating to project quality.

G. The Contractor shall verify that all materials, equipment, and systems provide operational dependability. The Contractor assures the completed construction shall be easily maintained or replaced with readily available materials and services.

H. Any cost associated with services subcontracted by the Contractor shall be borne by and be the complete responsibility of the Contractor under the fixed price of this contract.

I. The Contractor shall be and remain liable to the U. S. Consulate in accordance with applicable law for all damages to the U. S. Consulate caused by the Contractor's negligent performance of any of the services furnished under this contract. The rights and remedies for the U. S. Consulate provided for under this contract are in addition to any other rights and remedies provided by law.

C.1.6 STORAGE OF MATERIALS:

A. Proper storage of materials is the sole responsibility of Contractor. Keep all labels intact and legible, clearly showing the product, manufacturer, and other pertinent information.

B. Store materials on site. Cover and protect materials subject to damage by weather, including during transit. Stored materials shall be available for inspection.

C. Store flammable and volatile liquids in sealed containers located a minimum of 20 feet from existing buildings.

D. Liquid products shall be delivered sealed, in original containers. Store roll goods in an upright position.

E. Secure equipment, material, and debris to prevent movement by wind or other elements.

F. Hazardous Materials that present physical or health hazards, including but not limited to, flammable, explosive, corrosive, toxic, reactive, or unstable substances, as well as any operations that create contamination inside an occupied building (e.g., dust from demolition, paints, solvents, etc.). The use of hazardous materials or work that generates hazardous conditions must have a control plan submitted to and approved by the COR.

C.1.7 TEMPORARY FACILITIES:

A. The Contractor shall be responsible for connection of temporary utilities to existing utilities including water and power lines. All temporary connections to local water and power lines shall be coordinated with the COR. The Contractor shall pay all costs incurred in connecting, converting, and transferring the utilities to the work. The Contractor shall be responsible for making connections including providing back flow preventer devices on connections to domestic water lines, providing transformers, and for disconnections.

B. Temporary Water:

1. Make arrangements with Consulate for water required for construction. Consulate will pay for cost of water.

2. Coordinate all water service disruptions with the Facility Manager a minimum of

48hrs in advance.

3. Provide hoses for conveyance.

C. Temporary Electrical

1. Electrical service is available adjacent to the project site. Service is 220V ac, 50Hz.

2. Arrange with the Consulate for temporary electrical service. The Consulate will pay energy charges for temporary power and lighting.

3. Notify the Consulate prior to each required interruption of mechanical or electrical services in the building.

4. Provide all necessary temporary wiring extensions and temporary lighting devices.

D. Temporary Ladders, Chutes, Scaffolds, Hoists and Cranes:

1. Furnish and maintain temporary ramps, scaffolds, hoists, or chutes as required for proper execution of Work.

2. Restrict debris removal to Consulate -approved area of building site.

3. Restrict location of equipment to areas as approved by the COR.

4. Such apparatus, equipment, and construction shall meet requirements of applicable federal, state, and local safety and labor laws.

5. Ladders are required to be non-conductive fiberglass construction with a load capacity (duty rating) of no less than 250 pounds (113kg).

6. Scaffolding:

a. Initial Inspection: After the scaffolding is completed, it must be inspected by a qualified person to verify proper assembly and safe functionality. This inspection ensures compliance with all safety requirements and standards.

b. Marking and Documentation: After the final inspection, the scaffolding must be clearly marked in a visible location (preferably at the access point).

The label must include at least the following information:

1. Whether the scaffolding is authorized for use or not

2. The name and signature of the authorized person who performed the inspection

3. The address and phone number of the scaffolding contractor

4. The type of scaffolding, load class, and width class

5. Any usage restrictions

6. Warning notices

7. The date of inspection

c. Scaffold users are required to conduct a daily visual inspection and, if necessary, a functional check by a qualified person before use. This inspection is to identify any obvious defects and ensure safe functionality based on the specific intended use. The inspection must be documented.

C.1.8 PROJECT PROCEDURES:

A. The Consulate will be occupied during the entire period of construction for the conduct of normal, daily operations. Contractor shall conduct his operations so as to ensure least inconvenience to Consulate occupants.

B. Contractor shall take precautions to avoid excessive noise or vibration that would disturb the occupants. When directed by the COR, Contractor shall perform certain operations at designated time of day or night in order to minimize disturbance.

C. Drawings: This scope of work (SOW) accompanies design drawings to comprise the project manual. Contractor is to field verify all drawings prior to the commencement of the work.

D. The Contractor shall identify a Project Site Manager who shall be responsible for the overall management of the project and shall represent the Contractor on the site during construction. The Project Site Manager is required to be German and English-speaking and shall be approved by the COR.

E. The Project Site Manager and Safety Representative shall attend all project meetings, prepare weekly status update reports on the project and submit them to the COR. Status reports shall contain meeting minutes, accomplishments, arising concerns and proposed solutions, any proposed changed orders, personnel safety reports, and any other pertinent information required to report the progress of performance.

C.1.9 PROJECT SAFETY:

A. Contractor is responsible for safety and shall comply with US Consulate General requirements, US Army Corp of Engineers (USACE) Safety Manual (EM 385-1-1), U.S.

OSHA Regulations and all local labor laws, regulations, customs and practices pertaining to labor, safety and similar matters. Contractor shall prepare a Project Safety Plan to cover total project safety to be reviewed and approved by the Contracting Officer Representative

(COR), and U.S. Consulate Post Occupational Safety and Health Officer (POSHO).

B. Contractor shall furnish Personal Protective Equipment (PPE) for each employee as required for the specific job type and in accordance with (IAW) relevant OSHA regulations.

C. All contractor employees shall be required to complete the Consulate’s online safety briefing prior to construction mobilization. Training link will be sent by COR following the award.

D. All external personnel assigned to a project are required to participate in a mandatory safety briefing conducted by the POSHO Safety Office. This safety training may be scheduled no earlier than one week prior to the project start date and must be completed no later than the first day of the project, prior to the commencement of any work activities.

1. Personnel joining the team after the project has commenced must also complete this training before undertaking any tasks.

2. Work conducted without prior safety training is strictly prohibited and will be immediately suspended upon discovery.

3. The safety briefing must be formally requested by the COR through a "Work Order" submitted to the Safety Office. The request must include the following details:

a. Project number or project name

b. Contractor’s name

c. Number of employees requiring training

E. Project Safety Plan (PSP): The Contractor shall prepare a PSP and shall designate a Safety

Representative, who will be on site through the duration of the work, to be responsible for implementation of proper health, safety, and sanitation procedures throughout the contract period of performance. The Contractor shall promptly report all accidents resulting in lost time, disabling, or fatal injuries to the COR.

F. Electrical Safety: All electrical work must always be conducted in a "de-energized" state whenever possible and secured using the Lockout/Tagout (LOTO) system/procedure.

Energized work must be handled with special precautions as outlined below.

1. Locks and tags must be applied to the equipment's energy isolation points or control panels. The tags must prominently display a warning message, along with the company name and the technician’s name. LOTO devices may only be removed by the individual who applied them.

2. Energized Work can only be performed if the supervisor requests an Energized

Work Permit (EWP) at the Post Occupational Safety and Health Officer (POSHO) at least 24 hours prior to the scheduled start of work. The COR must assist the contractor in obtaining the necessary documents.

G. Hot Work: A hot work permit must be requested from the contractor at least 24 hours prior to the start of the work. The COR must assist the contractor in obtaining the necessary documents.

H. Confined Space: To enter confined spaces, the contractor must complete the required approval documents Post Approved Confined Spaces (PACS) entry permit at least 48 hours before entry and must be approved by the POSHO. The COR must assist the contractor in obtaining the necessary documents.

I. Fall Prevention: For fall heights, suitable protective measures must be taken to minimize the risk of accidents.

1. Elimination (Physically remove the hazard)

2. Substitution (Replace the hazard)

3. Engineering Controls (Isolate people from Hazard)

4. Administrative Controls (Change the way people work)

5. PPE (Protect the worker with Personal Protective Equipment)

C.1.10 PROJECT SECURITY:

A. Personnel Clearances:

1. A Visit Authorization Request (VAR) will be required for all contractor personnel prior to entry. Contractors shall forward the following information to the COR:

full name, date and place of birth, Government Identification Card, name of employer, position/discipline.

D. Vehicle Clearances: Submit authorization requests, to include dates, vehicle type, license number, and driver name, for each motorized vehicular implement used on-site.

C. Access to Site: Contractor shall have limited access to or be admitted into the compound outside the areas designated for the project except with permission by the Consulate.

D. Procurement/Storage: Materials shall be procured by NON-SECURE or local means and stored NON-SECURE. All materials may be inspected prior to use on the project.

C.2 PART TWO - PRODUCTS

C.2.1 GENERAL

A. The Contractor shall provide all necessary labor, material, equipment, and components necessary to ensure the installation of complete and operable systems. No materials or labor will be supplied or furnished by the Consulate.

B. All materials and equipment incorporated into the project shall be new unless noted otherwise. The Contractor shall transport and safeguard all materials and equipment required for construction.

C. Equipment and materials shall be carefully handled, properly stored, and adequately protected to prevent damage before and during installation, in accordance with the manufacturer's recommendations. Damaged or defective items shall be replaced at

Contractor expense. The Contractor will be responsible for security of all materials and equipment.

D. Receipt of Materials - Shipment of equipment, materials, and supplies shall be addressed to the Contractor - not the U. S. Consulate. The Contractor must be on hand to accept shipments; the U. S. Consulate will not accept shipments.

C.2.2 Repair of existing sewer lines

The contractor shall supply and install all products and materials required for the complete replacement of the main sewer line and associated sublines. All materials shall be new, code-compliant and suitable for long-term use in a residential setting. Materials to be used include but are not limited to:

Sewer Pipes:

High-density polyethylene (HDPE), polyvinyl chloride (PVC), or cast iron pipes, as per code and project specifications. If the contractor would like to propose specific pipe products which defer from the existing sewer pipe line, the COR shall approve them before construction starts.

Pipe diameter and rating must match existing or as specified by the local engineer.

All fittings, couplings, reducers, and adaptors must be compatible with the chosen pipe material.

Pipe Supports and Hangers:

For suspended lines, provide code-compliant hangers, brackets and supports suitable for the material and diameter of the pipes.

Cleanouts and Access Points:

Install new cleanouts at accessible and code-required locations for future maintenance.

Cleanouts shall have tamper-proof caps and be clearly marked.

Sewer Line Sleeves and Liners (if applicable):

Where crossing structural elements or penetrations occur, install protective sleeves or pipe liners as required.

Concrete and Backfill Materials:

Concrete for slab restoration shall match the strength and thickness of existing if it is required to cut the foundation to repair the pipe.

Use compacted granular backfill material where applicable, as approved by the local engineer.

Bypass and Temporary Plumbing Components:

Provide temporary piping and fittings as needed to ensure continued drainage service during phased work.

All materials shall be submitted for review and approval prior to procurement. Substitutions must be approved by COR in writing.

C.2.2.1 Cured-in-Place Pipe (CIPP) Long Liner Materials :

• The liner shall be a flexible, resin-impregnated material composed of non-woven polyester felt or fiberglass reinforced felt that can conform to the existing pipe geometry.

• Resin shall be a thermosetting material suitable for the method of curing (hot water, steam, or

UV light), such as epoxy, polyester, or vinyl ester resins.

• The cured liner must be chemically resistant to domestic wastewater and provide a minimum 50-year service life.

• The liner material shall have a minimum thickness designed according to ASTM F1216 standards to withstand external soil, groundwater pressures, and internal flow loads.

C.2.3 Cleaning Equipment:

• High-pressure water jetting units capable of delivering adjustable pressures up to 4,000 psi to remove debris, grease and deposits without damaging existing pipes.

C.2.4 Inspection Equipment

• Closed-Circuit Television (CCTV) inspection systems designed for sewer lines, capable of recording clear video footage before and after repair.

• Cameras must have pan, tilt and zoom capability to inspect pipe defects thoroughly.

C.2.5 Testing Materials and Equipment:

• Pressure testing devices suitable for sewer line testing per ASTM/ DIN standards.

• Water or air pressure testing equipment capable of accurately measuring the integrity of rehabilitated pipes.

C.2.6 Temporary Access and Safety Materials:

• Safety barriers, warning signs, cones, and fencing materials to secure the work area.

• Traffic control materials if work impacts vehicle or pedestrian pathways.

C.2.7 Miscellaneous Materials:

• Access pit shoring and stabilization materials as required for safety and compliance.

• Environmentally safe cleaning agents (if necessary) and waste containment equipment for proper disposal of debris.

• Sealing materials to properly reseal any access points

C.3 PART THREE – EXECUTION

C.3.1 CONSTRUCTION REQUIREMENTS

A. No construction shall begin until approvals of the Pre-Construction Submittals are accepted by the COR.

B. The Contractor shall be responsible for all required materials not provided by the

Government, equipment and personnel to manage, administer, and supervise the project.

All workmanship shall be of good quality and performed in a skillful manner as determined by the COR.

C. The Contractor will be provided with a storage and staging area as determined by the COR.

The Contractor shall be responsible for restoring the area to its original condition at the completion of the work. The Contractor shall be responsible for repair of any damage incurred to buildings or pavement as a result of storage activities. The Contractor is responsible for obtaining any additional off compound storage areas as required.

D. The Contractor shall always keep the work area free from accumulation of waste materials.

Upon completion, the Contractor shall remove any temporary facilities and leave the project site in a clean and orderly condition acceptable to the COR.

E. The Contractor shall perform the work at the site during the U. S. Consulate's normal workday hours, unless alternate work hours are agreed upon with the COR.

F. At the end of each workday, or notification of a temporary stop order, the Contractor shall lower and secure all temporary work platforms and/or harnesses. Contractor shall notify the COR of the temporary barricade locations. Beginning the next workday, the contractor shall remove the temporary barricades before continuing the project.

G. Protections and Damage Plan: The Contractor shall be responsible to protect all U.S.

Government property to include: all furniture, furnishings, and interior and exterior architectural finishes from damage. Any damage caused by the Contractor to architectural interior and exterior finishes will be returned to original condition by the Contractor at

Contractor expense. In addition to the architectural finishes, the Contractor shall protect all non-included mechanical and electrical equipment and controls from damage throughout the duration of work. Prior to commencing the work, the Contractor along with

Consulate representatives shall survey the site that will be impacted by the project work and document existing conditions. It shall be the Contractor’s responsibility to document in writing all pre-existing damaged surfaces prior to the start of the project work and to provide a copy of the documentation to the COR prior to project start.

H. Storm Protection - should warnings of wind of gale force or stronger be issued, the

Contractor shall take every practicable precaution to minimize danger to persons, the work, and adjacent property. Precautions shall include, but not be limited to, closing all openings, removing all loose materials, tools, and equipment from exposed locations, and other temporary work.

I. Material Debris and Removal Plan - The Contractor shall keep the work area, including storage areas, free from accumulation of waste materials daily and comply with all federal, state, and local regulations pertaining to the storage, transportation, and disposal of waste materials. The Contractor shall not use the U. S. Government waste disposal facilities including garbage cans, trash piles, or dumpsters.

J. Landscape Restoration - The surfaces of all unpaved areas disturbed by construction activities shall be sodded with an approved grass native to the sodded area as approved by the COR. These shall include areas where existing pavement is removed, areas where excavation takes place, and areas where existing sod is killed or compacted by construction activities. Landscape shrubs killed or damaged by construction activities shall be replaced with same species and size.

C.3.2 EXECUTION

C.3.2.1 Site Preparation & Mobilization:

Coordinate with the COR and/or facility management for access permissions to all affected buildings.

Install safety barriers and signage around work zones to ensure safety of residents and workers.

Ensure proper waste disposal and environmental local compliance during the work process.

C.3.2.2 Inspection and Assessment of Existing Sewer Lines:

The consulate will provide all the camera inspections held in 2022 for your consideration and documentation. The contractor is responsible for repairing all the sewer lines taking into consideration the information provided from the inspection in 2022. The contractor shall consider that the findings of the sewer lines from 2022 may differ to the current situation of the lines.

C.3.2.3 Replacement of existing sewer lines

A. Phased Replacement Approach

The work shall be executed in phases, starting with the main sewer line, followed by the repair of associated sublines.

Each phase must be carefully planned and coordinated to maintain the building’s operational functionality throughout the project duration. The phase plan shall be approved by the COR.

B. Concrete Foundation Work

The building has a concrete foundation; therefore, if necessary demolition, cutting, removal, and reinstatement of concrete around the sewer line shall be included to repair the pipe in order to execute the installation on a long liner.

The contractor is responsible for restoring all affected structural and architectural elements to their original or better condition.

C. Related Work

All necessary excavation, shoring, trenching, backfilling, compaction and disposal of demolished materials shall be included.

The contractor shall coordinate with utility providers if required and ensure compliance with all local regulations and permit requirements.

Restoration of affected flooring, walls, finishes and exterior areas must be included.

Temporary sewer bypass systems or alternate drainage routes must be provided as needed to maintain continuous service.

C.3.2.3.1 Long/In-Line Repair Work:

Cleaning of Pipes: Clean the existing sewer pipes using high-pressure water jetting to remove debris, grease, and any build-up.

In-line Repair Method (Cured-in-Place Pipe [CIPP] or similar technique):

Insert a flexible resin-saturated liner into the damaged pipe through an access point.

Cure the liner using hot water, steam, or UV light to form a new pipe inside the existing one.

Ensure the pipe is structurally sound, sealed, and prevents infiltration of water or waste outside the pipe.

This method should be used to repair cracks, holes, and any other defects in the pipes.

C.3.2.4 Pressure Testing and Inspections:

Perform pressure testing on the newly repaired sewer lines to ensure they are fully sealed and functional.

Use CCTV to inspect the completed repairs and confirm that the line is clear of blockages and any visible issues.

Document the test results and provide the report to the COR.

C.3.2.5 Restoring Access Points and Site Cleanup:

Restore all access points to the sewer system to their original condition.

Remove all temporary safety barriers and equipment from the site.

Conduct a final cleanup of the work area and remove any waste materials in compliance with local environmental regulations.

C.3.2.6 Deliverables:

Detailed Report of Initial Inspection: Identifying existing issues in the sewer lines before repairs as per the survey/camera inspection from 2022.

CCTV Inspection Videos: To document the after conditions of the sewer lines.

Pressure Test Results: Confirming the integrity of the repaired sewer lines.

Final Project Report: Detailing the work completed, any challenges encountered, and the results of the inspections.

C.3.3 FIELD QUALITY CONTROL

A. The Consulate or OBO may direct Contractor to stop work if results show materials being used do not comply with specified requirements or materials and accessories are not compatible. Contractor shall remove noncomplying materials from site, pay for testing, and reinstallation.

C.3.4 CLEANING and ADJUSTING

A. After completing maintenance and repairs, clean surrounding areas and surfaces.

B. During progress of work, remove discarded materials, rubbish, cans, and rags from site at end of each workday.

C. Reinstall all disconnected equipment after completion of the work. Reconnect pipe, conduit, wiring, and reactivation of the equipment to its original condition.

D. Correct any damage by cleaning, repairing, or replacing, as acceptable to the Consulate.

E. Cleaning of Pipes: Clean all existing sewer pipes with high-pressure water jetting to remove debris, grease, roots, and other obstructions.

F. Remove all temporary safety barriers, construction equipment, and debris from the site.

G. Conduct final site cleaning in accordance with local environmental standards and regulations.

C.3.5 PROTECTION

A. Provide protective covering for installed fixtures and fittings.

B. Do not…