19GE5026Q0119-Att.1-Schedule and Contract Clauses.pdf

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 exterior upgrade of clay tile roofs, façade, windows and basements, replacement of the water and sewer lines and bathroom renovation works on two (2) existing Siedlung

Housing Compound Buildings located on Plieninger Str. 2/4 – 6/8, 60320, Frankfurt am Main.

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

19GE5026Q0119

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.

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.

BASE LINE ITEM

CLIN Description of Work or Service Price

Construction services for

Plieningerstrasse 2/4 - Roof Works, Window Replacement Works, Façade

Insulation and Finishing Works (ETICS), Electrical, Plumbing, and Ventilation

Coordination, Basement Waterproofing and Drainage Works, External Works and

Site Logistics.

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 Base (001-003)

OPTIONIAL LINE ITEMS

OPTION 1

Plieningerstrasse 2/4 - Replacement of

Main Water and Sewer Lines + Bathroom

Renovation (21 bathrooms)

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.

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

Total Firm Fixed Price Option 1 (004-006)

OPTION 2

Plieningerstrasse 6/8 - Roof Works, Window Replacement Works, Façade

Insulation and Finishing Works (ETICS), Electrical, Plumbing, and Ventilation

Coordination, Basement Waterproofing and Drainage Works, External Works and

Site Logistics.

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

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

Total Firm Fixed Price Option 2 (007-009)

OPTION 3

Plieningerstrasse 6/8 - Replacement of

Main Water and Sewer Lines + Bathroom

Renovation (21 bathrooms) 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

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

Total Firm Fixed Price Option 3 (010-012)

TOTAL FIRM FIXED PRICE BASE AND OPTIONS

1-3 (001 – 012)

The U.S. Government Reserve the right to exercise any or all options up to 180 calendar days after Construction Notice to Proceed.

FAR 52.217-5 Evaluation of Options.

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). (End of provision)

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 exterior upgrade of clay tile roofs, façade, windows and basements, replacement of the water and sewer lines and bathroom renovation works on two (2) existing Siedlung

Housing Compound Buildings located on Plieninger Str. 2/4 – 6/8, 60320, Frankfurt am Main.

The Contractor shall construct this project in accordance with the technical requirements and documents referenced in Sections C and Attachment 5.

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 obtain construction services for exterior upgrade of clay tile roofs, façade, windows and basements, replacement of the water and sewer lines and bathroom renovation works on two (2) existing Siedlung Housing

Compound Buildings located on Plieninger Str. 2/4 – 6/8, 60320, Frankfurt am Main. The

Contractor shall furnish all labor, materials, equipment, tools, supervision, and services necessary to perform the Exterior Upgrade Construction in strict accordance with the SOW, applicable codes, standards, and contract requirements.

B. The proposed work includes, but is not limited to, the following:

1. Roof Works

a. Existing roof type: pitched gable roof construction with clay pantiles and regularly arranged roof dormers / roof openings; roof structure formed by steel rafters with secondary elements. The existing roof type, geometry, pitch, and steel supporting structure shall be fully taken into consideration in the renovation concept and in all structural calculations, shop drawings, and execution plans.

b. Complete removal of existing roof covering, battens, counter-battens, insulation layers, and associated components.

c. Structural adaptation of the existing steel roof structure to accommodate above-rafter thermal insulation, including installation of timber members fixed to steel rafters.

d. Installation of above-rafter thermal insulation system including airtight and weatherproof layers.

e. Installation of new battens, counter-battens, and roof tiles including storm fixing.

f. Structural reinforcement of the roof with steel cross bracing and steel beam reinforcements.

g. Removal of existing dormers and installation of new roof windows, including interior finishing at window reveals.

h. Installation of roof safety systems including roof hooks and permanent roofing ladders.

i. Removal of all existing roof-mounted antennas and accessories.

j. Adjustment, extension and installation of ventilation pipes and downpipes through the roof.

2. Window Replacement Works

a. On-site measurement and verification of all window openings prior to ordering.

b. Careful dismantling of existing windows, including steel sub-frames where required, and temporary protection of interior finishes.

c. Installation of new high-performance PVC windows with triple glazing, child safety devices, and insect protection systems.

d. Integration of windows into the façade insulation system to avoid thermal bridges.

e. Interior and exterior airtight and weatherproof sealing in accordance with EnEV/GEG and DIN 4108.

f. Restoration of interior finishes, reinstallation of blinds/curtains, and professional cleaning after completion.

3. Façade Insulation and Finishing Works (ETICS)

a. Cleaning, inspection, and repair of existing plaster and masonry surfaces.

b. Removal of obsolete façade elements, thermal bridges, and previous insulation layers.

c. Installation of a complete ETICS system including base profiles, insulation boards, reinforcement layers, and finishing coats.

d. Replacement of external windowsills and integration of façade details (edges, reveals, roof overhangs).

e. Execution of reinforced impact-resistant zones and plinth areas.

f. Final façade painting in multiple colors to match the existing architectural concept.

g. Delivery and assembly of a metal substructure including ventilation grilles and ventilation air shaft for venting the kitchen

(dryer and extractor fan, approx. 12pcs per building). Spherical weather protection air grille, with insect screen of stainless steel

V2A, rubber sealing strip, screws, and dowels as well as rear round connection NW 100 for connection of ventilation hose.

Type: WSKE or equivalent (weather protection grille spherical)

The contractor is responsible for extending and connecting the respective pipes of the bathroom, the drier and the extractor fan hose.

Dimensions:

365x375mm ventilation air shaft

430x44mm ventilation grilles

4. Electrical, Plumbing, and Ventilation Coordination

a. Temporary dismantling, protection, and reinstallation of façade-mounted electrical and security equipment.

b. Adjustment, extension, and reconnection of rainwater drainage systems, gutters, and downpipes.

c. Integration and extension of ventilation ducts for kitchens, bathrooms, and dryers through façade and roof.

d. Decommissioning of existing ventilation pipe in the basement heating room by permanently closing and enclosing it with masonry (brickwork) to render the pipe out of service, including proper sealing and integration into surrounding wall construction.

e. Coordination with utility providers for external water pipe connections where required.

5. Basement Waterproofing and Drainage Works

a. Full excavation of the basement perimeter to below foundation level.

b. Cleaning, repair, and preparation of basement walls and foundations.

c. Application of external waterproofing system including protective and insulation layers.

d. Installation of perimeter insulation and a complete French drain system around the building.

e. Installation of inspection and flushing shafts and pump shaft systems where gravity drainage is insufficient.

f. Backfilling, reinstatement of pavements, gravel strips, and landscaped areas including delivery and installation of grey edging stones and grey rectangular paving stones and laying them in mortar.

6. External Works and Site Logistics

a. Installation, maintenance, and removal of construction site facilities and safety measures.

b. Cleaning of doors and grind down basement doors. Dimensions:

WxH = approx. 885 x 2000 mm. Provide reworking coating.

Painting will be in accordance with Consulate’s color concept, color: RAL 9007grey aluminum, or in accordance with sampling.

c. Relocate four fence posts and shorten the fence around the garbage can space.

d. Relocate the drainpipe outside the garbage can space.

e. Install two external power plugs on the two sides of the building

(one per side).

f. The power plugs must provide 240V, have water resistance IP 69 and to de lockable.

g. The power line must be a new separate line from the main distribution panel of each building to the external power plug. The location of each outlet will be in the center of the side of the building.

h. Replacement of basement backdoors (F-90 fire rated including firestop mortar and all associated fire protection measures) for each building including the lock system. (Einsteckschloss, Edelstahl/Stahl, BKS, B-2116, mit Panikfunktion E, HÄFELE or equivalent.)

i. Create a concrete foundation when necessary, including door stopper in the garbage area.

j. Mount with spacers, a 5 m galvanized and powder painted plate, for protection of the façade in the garbage area. Dimensions:

200mm*5mm.

k. Insulation underneath the extended flooring incl. two round brackets (bay window dining room). Dimensions: 3,00x0,35m d=5,0 cm – 2 x per building.

l. Creation of gravel border strips and reinstatement of green areas.

m. Temporary works to ensure access to entrances and apartments during construction.

n. Final cleaning, disposal of waste materials, and handover documentation.

7. Replacement of Main Water and Sewer Lines

a. Replacement of the existing domestic water supply and sanitary sewer piping systems serving the buildings.

b. Remove and dispose of existing domestic water supply piping, valves, fittings, and associated accessories as required.

c. Remove and dispose of existing sanitary sewer piping, fittings, cleanouts, and associated components as required.

d. Excavate and expose existing underground water and sewer service lines where required.

e. Furnish and install new potable water service lines and distribution piping throughout the building.

f. Furnish and install new valves, balancing devices, pressure-reducing valves, backflow prevention devices, meters, and other appurtenances as required.

g. Furnish and install new sanitary sewer piping, fittings, cleanouts, and vent connections.

h. Connect new water and sewer systems to existing municipal utility services.

i. Provide all required pipe supports, hangers, sleeves, and anchorage systems.

j. Provide thermal insulation for potable water piping in accordance with applicable standards.

k. Core drill and provide wall, floor, and ceiling penetrations as required for the new piping systems.

l. Seal all penetrations with approved fire-rated firestopping materials where fire-rated assemblies are affected.

m. Restore all disturbed walls, floors, ceilings, shafts, utility chases, and other building finishes affected by the work.

n. Restore all disturbed exterior surfaces, pavements, landscaping, and site features affected by excavation activities.

o. Flush, disinfect, and commission the new potable water system in accordance with the German Drinking Water Ordinance (TrinkwV) and DVGW requirements.

p. All work shall comply with the German Drinking Water Ordinance

(Trinkwasserverordnung – TrinkwV), DIN EN 806, DIN 1988, DIN EN 12056, DIN 1986-100, DVGW regulations, and all applicable local codes and regulations.

q. Perform pressure testing and leak testing of all potable water piping.

r. Perform leak testing and functional testing of all sanitary sewer piping.

s. Conduct water quality testing and provide laboratory test results demonstrating compliance with TrinkwV requirements.

t. Perform system balancing, commissioning, and operational verification.

u. Provide operation and maintenance manuals.

v. Remove construction debris and perform final cleaning of all affected work areas.

w. Replace entire backsplash tiles in 24 kitchens with Cercanit, Ice

Super White Matt Rectified wall tile (29.8x59.8 cm, Grade 1 or equivalent.

x. Installation of new granite Countertop for all the kitchens (24 in total) = 3cm thick and polished (Nero Assoluto).

8. Bathroom Renovation (42 bathrooms)

a. Renovate a total of forty-two (42) bathrooms, including twenty-one (21) bathrooms in Building Plieninger 2/4 and twenty-one (21) bathrooms in

Building Plieninger 6/8.

b. Demolish and remove existing bathroom finishes and fixtures, including but not limited to sanitary fixtures, wall and floor finishes, doors, lighting, electrical devices, ventilation equipment, heating elements, piping, and accessories. Dispose of all removed materials in accordance with applicable environmental regulations.

c. The light fixtures to be replaced with Trilix AragF 12PXW 20/65/16ML-840

ET or equivalent.

d. Furnish and install new sanitary fixtures, fittings, and accessories in accordance with Section C.2.2.15.

e. Walls and ceiling to be painted (Caparol Seidenlatex Weiss or equivalent).

f. Bathroom tiles on the floor to be installed (Kermos, Project, 297 x 597 mm, Grey Matt, R10/, on the walls Cercanit, Ice Super White Matt Rectified wall tile (29.8x59.8 cm, Grade 1 or equivalent.

g. Replace the bathroom door with Westag HW40 Wabe door or equivalent.

h. Replacing the control switches and outlets (Busch Jäger Reflex SI, Alpinweiss or equivalent).

i. Installation of ventilators (5210641100 - SILENT DUAL-300Kleinraum-

Ventilator, Feuchte, Bewegungsm. or equivalent) in the bathrooms without operable windows (10 bathrooms).

j. Running all needed infrastructure lines including sewer and water for the bathrooms when necessary. All materials and installations must meet

“Technische Regeln für Arbeitsstätten ASR A4.1” and/or U.S. code.

Whichever code is more stringent shall be followed.

k. All new water supply lines shall be stainless steel piping.

l. The new bathrooms shall be equipped with water shut-off valves. The valves shall be installed at a height of 2 m above the finished tile level.

m. Install new heating radiators, knobs, thermostatic, return and supply valves.

n. All finishes including toilet, washbasin and fixtures, mirror to be installed according to “Technische Regeln für Arbeitsstätten ASR A4.1” and/or U.S.

code. Whichever code is more stringent shall be followed. The types of the finishes shall be approved by COR prior to construction.

o. Existing floor drains should be replaced with new units (VIEGA - Advantix-

Badablauf, Kunststoff, Systemmaß 100 or equivalent). Installation and connection must be carried out in accordance with DIN 1986 100, Section 8.2.1, DIN EN 1253 8, and DIN EN 1253 1 (for indoor drains).

p. The Contractor is required to make his own field investigations to verify dimensions, building construction type and other information shown on

Consulate reference drawings and documents.

q. Repair, patch, and refinish all surfaces affected by demolition and construction activities, including walls, floors, ceilings, penetrations, and adjacent finishes, to match existing conditions or provide a like-new appearance.

r. No structural changes to be made.

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).

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), German Drinking Water

Ordinance (Trinkwasserverordnung – TrinkwV), DVGW regulations and 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.

C1.7 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:

i. Whether the scaffolding is authorized for use or not

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

iii. The address and phone number of the scaffolding contractor

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

v. Any usage restrictions

vi. Warning notices

vii. 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.

C. 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 MATERIALS

C.2.2.1 ROOF WORKS

A. Roof tiles: Flat pantiles Erlus E58 SL / Ergoldsbacher E58 MAX®, copper-brown engobe, compliant with DIN EN 1304, Sort 1 or equivalent. Application up to a roof pitch of min.

10°, requirement approx. 12.4 pcs./m², engobe of natural clay slurries. Make Ergoldsbacher with E 58 MAX®, with dual Head and side interlocking, median batten width 38.5cm, standard roof pitch 20° with approved protection against rain penetration in color: engobe copper-brow.

B. Thermal insulation above rafters: High-performance roof insulation system suitable for steel rafter construction.

C. Timber elements: Treated structural timber for fixing insulation to steel rafters.

D. Fixings: Self-cutting screws for steel, prefabricated galvanized steel angles.

E. Roof safety equipment: Roof hooks, roofing ladders (1 × 4.50 m, 1 × 6.50 m).

F. Storm fixing: Storm bolts suitable for flat pantiles.

C.2.2.2 WINDOW WORKS

A. Windows: WERU PVC window system, 6-chamber profile, installation depth 86 mm.

B. Glazing: Triple glazing WERU KlimaTherm, Ug ≤ 0.7 W/m²K.

C. Gaskets: EPDM rebate gaskets.

D. Hardware: Mushroom locking system, child safety devices.

1. Contractor shall utilize existing lock handles for the new window installations. This includes the careful removal of handles from the existing windows and proper reinstallation onto the new units, ensuring complete operational functionality and compliance with manufacturer specifications.

E. Insect screens: Neher or equivalent, Transpatec fine mesh.

F. Smoke and Heat Extraction Systems: Provide and install in staircases white polyurethane centre-pivot roof window for smoke and heat extraction, comparable to VELUX GGU

“Rauch- und Wärmeabzugsanlage”, including all required control units, actuators, flashing kits, electrical connections, and accessories necessary for a complete and fully operational system.

G. Roof windows: With integrated fly screens and mushroom locks, with combined top-hung and center-pivot hinge system, Velux outside shutters SSL SK08 or equivalent.

C.2.2.3 FAÇADE / ETICS

A. ETICS system: Caparol system or equivalent, building material class B1.

B. Insulation panels: PUR panels, λ = 0.026 W/mK, thickness 120 mm.

C. Adhesive mortar: ETICS adhesive 3550 or equivalent.

D. Reinforcement mesh: Glass fiber mesh, including 4-fold reinforced mesh in impact zones.

E. Finishing coat: Silicone resin plaster, multicolor system per existing color concept.

F. Paint: Emulsion silicate paint compatible with ETICS (5 different colors – painting manufacturer: Caparol).

C.2.2.4 SUBSTRATE PREPARATION & REPAIR

A. Cement-based repair mortar, sulfate-resistant, suitable for historic masonry compliant with

DIN EN 998-1 and DIN EN 1504-3, Class R2/R3 (e.g. DIN EN 1504-3, Class R2/R3, Sika

MonoTop®-612 or equivalent).

B. Masonry joint repair mortar compatible with lime/cement mixed masonry (Remmers FM /

FM Historic or equivalent).

C. Crack repair system (injection resin or mineral slurry), where required- compliant with

DIN EN 1504-5 (Sika Sikadur® Injection Resin or equivalent).

C.2.2.5 PRIMER / BONDING COAT

A. Mineral or bitumen-compatible primer suitable for old masonry and rendered surfaces– compliant with DIN 18533-2 (Remmers Kiesol MB or equivalent).

B. Primer shall be applied prior to waterproofing membranes and compatible with the selected sealing system.

C.2.2.6 EXTERNAL BASEMENT WATERPROOFING SYSTEM

A. System…