19GE5026Q0115-Att.1-Sections-I-IV.pdf

SOLICITATION 19GE5026Q0115

ATTACHMENT 1: SECTIONS I-IV

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 QUOTATION BREAKDOWN (PQB)

B.8 DEFINITION

C. DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

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

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

19GE5026Q0115

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. PURCHASE ORDER 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) 29

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

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

FAR 52.212-4 Terms and Conditions—Commercial Products and Commercial Services (Deviation 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 SECTION IV – representations and instructions

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 FAR part 12 clauses, the solicitation includes FAR part 36 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, supervision and construction services required to complete the roof replacement at the Deput Chief of Mission Residence (DMCR) in Cairo, Egypt.

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 to 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) described in Sub-Section B.4 and Defense Base Act (DBA) insurance described in 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 Quotation Breakdown is provided in in Attachment 2 for the quoters to complete and submit with Volume 1 – Price Quotation.

The quoter shall insert the prices, and the currency in which the quote 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 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

Replacement of Roofs at the Deputy Chief of Mission (DCM) Residence in Cairo, Egypt in accordance with the Statement of Work.

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.

0002 VAT (if applicable), see Sub-Section B.4

0003 Defense Base Act Insurance (DBA) (if applicable), see Sub-Section B.5

Total Firm Fixed Price (CLINs 0001-0003)

B.3.2 CURRENCY

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

Currency: __________________

B.4 VALUE ADDED TAX (VAT)

The Contractor shall be responsible for paying all applicable Value Added Tax (VAT) to the appropriate Egyptian tax authorities.

If applicable, quoters shall identify VAT as a separate Contract Line Item Number (CLIN) in Section B.3.1, Pricing, and in the Detailed Price Breakdown (Attachment 2). The VAT CLIN shall include only the VAT that the Prime Contractor is legally required to remit to the Egyptian tax authorities.

To be eligible for reimbursement, the Contractor must possess or obtain a valid Egyptian VAT registration number authorizing it to collect VAT. VAT charged to the Prime Contractor by subcontractors who will perform actual work pursuant to DOSAR 652.242-73(b), is an input cost and shall be included in the applicable construction CLINs, not in the VAT CLINs. If only subcontractor VAT applies, the VAT CLINs shall be proposed as $0.00.

The Government will reimburse VAT only up to the amount awarded under the VAT CLINs and upon receipt of documentary evidence that the VAT was paid to the Egyptian tax authorities under the Contractor's valid VAT registration number. Pursuant to the Vienna Convention on Diplomatic Relations, the U.S. Government will submit the Contractor's VAT invoice to the appropriate Egyptian authorities to recover the reimbursed VAT. The Contractor is responsible for ensuring that it is legally authorized to collect VAT and that the VAT claimed is accurate. No upward adjustment to the contract price will be made. If the Contractor subsequently receives a refund of VAT that was reimbursed by the Government, the Contractor shall promptly remit the refunded amount to the Government to the extent of the Government's reimbursement.

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 accordance with its instructions 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.

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 DBA insurance broker authorized by the Department of Labor, see Sub-Section I, 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 0003 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: Egypt is not listed on the DOL Active DBA Waiver list. Therefore, DBA insurance is required for all employees performing work under this purchase order, without exception. Accordingly, DBA insurance is required for all United States citizens or residents; all individuals hired in the United States, regardless of citizenship; all host country nationals (HCNs); and all third country nationals (TCNs). All employees at all tiers — including subcontractors — performing work on this purchase order must be covered by DBA insurance for the duration of performance.

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 QUOTATION BREAKDOWN (PQB)

The Price Quotation 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 quoters to provide a breakdown of quotation by completing the PQB. The PQB shall be adjusted as desired to correspond with his Firm Fixed Price.

The PQB 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 DBA Defense Base Act DOSAR Department of State Acquisition Regulations FAR Federal Acquisition Regulations HCN Host Country Nationals ILC Irrevocable Letter of Credit NTP Notice to Proceed QTY Quantity SOW Statement of Work TCN Third Country Nationals USG United States Government

C. DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT

The Contractor shall provide all materials, equipment, labor, supervision and construction services required to complete roof repair at the Deputy Chief of Mission Residence in Cairo, Egypt.

The Contractor shall construct this project in accordance with the specifications provided in Appendix A

– Statement of Work, incorporated into this document.

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

D. PACKAGING AND MARKING

D.1 DUTY-FREE CLEARANCE

ATTN: Customs & Shipping (CONTRACT TBA) Items shall be marked as “Diplomatic Cargo”.

D.1.1 Material Shipping/Customs Clearance

U.S. Embassy Cairo

C/O: GSO

8 Kamal El Din Salah Street Garden City Cairo, Egypt

D.1.2 Free Entry of Goods

To obtain free entry for the goods the contractor shall provide the COR with the following documentation 10 calendar days prior to the arrival of goods:

• Detailed description of goods

• Approximate weight

• Number of crates

• Approximate value of goods

• Mode of shipment

The contractor shall provide a draft shipping documents to the US Embassy shipping office at least seven

(7) calendar days before shipping any goods.

The contractors should estimate a minimum of seven (7) business days for custom clearances and delivery.

Should the contractor fail to provide any required paperwork for the custom clearance process to the U.S.

Consulate shipping office and the custom clearances 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.

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

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.

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.

Packaging heavy materials in appropriate containers In applying the above double wrapping and addressing procedures, items sent via US 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, to include 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.

E. INSPECTION AND ACCEPTANCE

E.1 FAR 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 under paragraph (i) of this section.

(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. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes re-inspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(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. The Contractor shall promptly segregate and remove rejected material from the premises.

(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. If the work is found to be defective or non-conforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(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.2 SUBSTANTIAL COMPLETION

E.2.1. Definitions

(a) "Substantial Completion" means the stage in the progress of the work as determined and certified by the 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 contract 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.

(b) The "date of substantial completion" means the date determined by the COR as of which substantial completion of the work has been achieved.

E.2.2. 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. The inspection and tests will be started not later than the date specified in the aforesaid notice unless the COR determines that the work is not ready for inspection and so informs the Contractor.

E.2.3. 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 enumerating items of work remaining to be performed, completed or corrected before final completion and acceptance.

However, failure of the COR to list any item of work shall not relieve the Contractor of responsibility for complying with the terms of the contract. The Government's possession or use upon substantial completion shall not be deemed an acceptance of any work under the contract.

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 contract has been completed in a satisfactory manner in accordance with the requirements thereof, subject to the discovery of defects after final completion, and except for items specifically excluded in the notice of final acceptance.

(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. Final inspection and tests will be started not later than the date specified in the aforesaid notice unless the COR determines that the work is not ready for final inspection and so informs the Contractor.

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, subject to the discovery of defects after final completion, 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, and the COR is satisfied that the work under the contract is complete and the contract has been fully performed, with the exception of continuing obligations there under, the COR shall issue to the Contractor a notice of final acceptance and make final payment as required by the contract.

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 water provision of such Government-operated facilities as require the service for operational reasons, 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 (within 15 calendar days after award), the quoter shall submit a preliminary Quality Management Program as part of their quotation (See section L).

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 OBO International Codes Supplement and each volume, as applicable, of the 2024 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.5.14 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 contract 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 REMOVED

E.7 PROJECT COMMUNICATIONS

E.7.1 General. OBO has an accredited web-based Extranet that enhances the security associated with the exchange of DOS design/construction data and provides business applications that improve the communication between OBO and partner contracting activities. The service name is ProjNet (Project Extranet). This service is currently available to support the Project Communication needs of both the

Contractor and the USG. ProjNet’s FILER meets the FPS-140 Government requirement to electronically encrypt SBU data. FILER is one DOS approved method for transmitting Sensitive But Unclassified (SBU) information across the Internet. Classified ProjNet (ProjNet-C) is a separate system.

E.7.2 System Capabilities. ProjNet has been developed to support web-based USG-to-Business applications related to the DOS’s facility engineering, design, and construction projects worldwide. In general, ProjNet supports four generic types of business processes: document collaboration, work product evaluation, contract monitoring, and information dissemination. The following applications are available to support the contract. While there are additional applications being developed, current and active applications are described below.

E.7.2.1 FILER: FILER is a collaborative application that allows authorized project participants to exchange documents among a specific work group. ProjNet will support document collaboration among project teams. In FILER, design drawings and related documents may be transmitted among business partners. FILER provides permission framework and access designations to files stored on the ProjNet server. As required, audit information may also be tracked. ProjNet’s FILER meets the FPS-140 Government requirement to electronically encrypt SBU data. FILER is one DOS approved method for transmitting Sensitive But Unclassified (SBU) information across the Internet. Classified ProjNet (ProjNet-C) is a separate system.

E.7.2.2 Contract deliverables (typically plans and specifications) will be reviewed for contract compliance utilizing a document review and checking tool called DrChecks. DrChecks assists the design team (both contractor and USG) in collecting, organizing, and tracking design issues to resolution.

DrChecks is the tool that supports the Integrated Design Review process DrChecks will also be required to support the RFI process.

E.7.3 Sensitivity of Data Processed ProjNet will support Unclassified and Sensitive But Unclassified (SBU) data only. Classified and SBU/NOFORN (No Foreign Dissemination) information is not allowed on ProjNet. The only allowable electronic transmission method for classified and SBU/NOFORN is ProjNet-C. It is the responsibility of ProjNet users to understand the Department of State’s classification guidelines, and to limit the distribution of data on the ProjNet site to unclassified and SBU information only. Movement of unclassified and SBU electronic project files across the web will be limited to ProjNet (or Other Government-provided or approved applications) in order to protect data from interception. The Department of State, Bureau of Diplomatic Security will have complete access to ProjNet data and logs with the purpose of enforcing classification guidelines. The hosting website and equipment supporting ProjNet are Government owned; data passing across the website shall be construed as the property of the Government, subject to enforcement of its classification guidelines.

E.7.4 Service Operation. ProjNet uses secure socket layer (SSL) technology to transmit data between client and server. This technology is built into the site so it is accessible from any Internet connection.

Access to ProjNet begins with a request from the prime contractor to the OBO Project Executive. Each Prime Contractor’s Security Officer or Project Manager or Document Security manager will be responsible for validating and approving his sub-contractors and vendors access requests before forwarding them to OBO. OBO’s Project Executive will be responsible for the review and approval of all requests, and certifying access as necessary to the Department’s mission.

E.7.4.1 USG’s Role: The USG will support the use of the SSL technology to all Contractors and their Sub-Contractors. The USG will assist users with login, program usage support, and management of server hardware and software. Training is via teleconference or through the use of a web-based training module if approved by one of OBO’s ProjNet Directors.

E.7.4.2 Accounts and Passwords: Once users have a connection to ProjNet, they identify themselves to the application using a unique password. OBO will be responsible for creating and setting up all user accounts. A unique password for each user is automatically generated for that user by the system. Using their unique password, user login to the appropriate ProjNet Application.

E.7.4.3 Contractor’s Role: It will be the Contractor’s responsibility to send the COR a complete list of all required users for the system from each company, including subcontractors required for the project.

The USG will provide the contractor with a registration form requiring the name, telephone number, email address, and verification of US Citizenship for each ProjNet user. For requests involving NON- US Citizens, the contractor must also provide country of citizenship, passport number, passport issue place and date, passport expiration, birthplace, birth name and other names used, and name in the local language characters for each user. It will be the responsibility of the Contractor’s Facility Security Officer or Project Manager or Document Security manager to monitor and ensure their personnel are following the Business Rules associated with ProjNet (See Section E.6.5).

E.7.5 Business Rules:

E.7.5.1 The Contractor is restricted from transporting unencrypted SBU data electronically across the Internet using email, FTP sites, or commercial web sites. OBO encourages contractors to utilize all contract drawings and documents as if they are SBU, in order to minimize risk.

E.7.5.2 ProjNet supports up to Sensitive but Unclassified (SBU) data only. It is the responsibility of all ProjNet users to understand the Department of State’s classification guidelines, and to limit the distribution of data on the ProjNet site to unclassified information. Classified or SBU-NoForn information shall not be transmitted via the ProjNet site, or any other electronic transmission using the Internet.

E.7.5.3 Contractor personnel with access to ProjNet must be U.S. citizens or may be non-US Citizens that have obtained approval to operate the system from the Department of State (DOS). The contractor cannot grant non-U.S. citizens access to ProjNet without prior DOS approval. Contractors wishing to nominate non-US citizens for access must also provide country of citizenship, passport number, passport issue place and date, passport expiration, birth place, birth name and other names used, and name in the local language characters, if applicable, for each user to the COR and DS for registration/approval.

Government denial of non-U.S. Citizens or subcontractors for security reasons can be made without providing rationale for denial.

E.7.5.4 It shall be the responsibility of the Contractor’s Security Officer or Project Manager or Document Security manager to register, maintain, and delete all user accounts to the system on a need to know basis.

E.7.5.5 It shall be the responsibility of the USG to provide training to all personnel who wish to access ProjNet prior to assigning a password. It shall be the responsibility of the Contractor to provide conference space with a projector and an Internet connection for the use of the Government Trainer when on-site training is provided.

E.7.5.6 Individual users in each office will be provided with a system-generated password that will enable access to that user only.

E.7.5.7 Users shall protect their passwords as SBU information, and refrain from sharing their access into the ProjNet system.

E.7.5.8 ProjNet workstations should not be left unattended while an active ProjNet work session is ongoing. Users should logout of ProjNet after each work session.

E.8 FAN SYSTEM

The FAN system is authorized for processing unclassified and Sensitive But Unclassified (SBU) Information. The following are the types of unclassified information that may be processed on FAN:

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.9 KAHUA PLATFORM

U.S. Department of State OBO Kahua platform (OBO Kahua) is approved as a government-provided application for the exchange of unclassified and Sensitive But Unclassified (SBU) information across the internet. In accordance with section E.7. of the contract, OBO Kahua has been approved by the OBO Information Systems Security Officer (ISSO) and has the appropriate certifications to process SBU information

OBO Kahua shall be understood to be an approved platform for all references to ProjNet in the contract.

OBO will immediately transition to managing unclassified and SBU Requests for Information (RFIs), Submittals, and electronic file exchange (Filer) on the OBO Kahua platform.

DrChecks (for Integrated Design Reviews) will remain hosted in ProjNet until further notice.

The OBO Kahua Platform supports up to Sensitive but Unclassified (SBU) data only. It is the responsibility of all OBO Kahua users to understand the Department of State’s classification guidelines, and to limit the distribution of data on the OBO Kahua site to unclassified and SBU information.

Classified or SBU/NOFORN information shall not be transmitted via the OBO Kahua site, or any other electronic transmission using the Internet. Classified ProjNet (ProjNet-C) remains the only approved platform for electronic transmission of classified information.

Access to OBO Kahua will be granted through a similar process as defined for ProjNet.

F. DELIVERIES OR PERFORMANCE

F.1.1 PERFORMANCE OF WORK

(a) The total performance period for this project is 285 calendar days for material procurement / shipment and construction. The 285 calendar days include 210 calendar days for material procurement and shipment and 75 calendar days for construction.

The time stated includes the time for final cleanup of the premises, completion of punch-list items and all other items specified in the contract.

(b) As soon as possible, but not later than 21 calendar days after award, the contractor shall schedule a ‘kick off meeting’ and site visit with the COR.

F.1.2 NOTICES TO PROCEED

a) 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 construction work ready for use not later than 75 calendar days after the issuance date of the CNTP. The time stated for construction includes the time for material procurement/shipment, final cleanup of the premises, completion of punch-list items and all other items specified in the contract.

b) The Government may issue a “Limited Notice to Proceed” (LNTP) following Government approval, if to be found to be in the best interest of the Government. A Limited Notice to Proceed might be issued to allow procurement of materials before issuance of CNTP or to allow limited construction work before issuance of the full CNTP.

In the event of issuance of a LNTP, the preparation period and the contract completion date for the construction portion may be re-established (shortened) accordingly.

c) The Contracting Officer may elect to issue the NTP prior to receipt and acceptance of any bonds, evidence of insurance, or of the construction schedules required hereunder. Issuance of the NTP 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.2 DELIVERABLES / DELIVERY SCHEDULE

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

Deliverable items required by this contract shall be delivered in accordance with the OBO Deliverable Requirements (ODR)

ABBREVIATIONS:

CO = Contracting Officer - submit via email to JacobsenW@state.gov COR = Contracting Officer’s Representative CNTP = Construction Notice to Proceed SOW = Statement of Work FM = Facility Manager

Reference Item Description Quantity Submission Date Deliver To H.1.1 / H.1.2 Irrevocable Letters for Credit Originals Within 30 calendar day of contract award

CO

H.2 Insurance (including DBA…