RFP 19GT5025R0007 - Site Upgrade for Fall Hazard Protection and Mitigation Project.pdf

Guatemala, March 28, 2025

Dear Prospective Offeror:

Subject: Request for Proposals number 19GT5025R0007

Enclosed is a Request for Proposals (RFP) for Site Upgrade for Fall Hazard Protection and Mitigation Project. If you would like to submit quotation, follow the instructions in Section L of the solicitation, complete the required portions of the attached document, and submit it to the address shown on the Standard Form that follows this letter.

The U.S. Government intends to award a contract/purchase order to the responsible company submitting an acceptable offer at the lowest price. We intend to award a contract based on initial proposals, without holding discussions, although we may hold discussions with companies in the competitive range if there is a need to do so.

The Embassy intends to conduct a pre-proposal conference at the site. The pre-proposal conference will be held on Tuesday, April 22, 2025, at 1430 hours (local time) at the US Embassy Guatemala, Boulevard Austriaco 11-51, Zona 16. Prospective offerors/quoters should contact Ingrid Cifuentes at CifuentesIG@state.gov by April 16, 2025, before 900 hours for additional information or to arrange entry to the building.

Proposals are due by Friday, May 9, 2025, at 1700 hours (local time). No proposals will be accepted after this time. Proposals must be in English and incomplete proposals will not be accepted.

Your proposal must be submitted electronically to GuatemalaBids@state.gov It is important to make sure the submission is made in specific size and format; in MS-Word 2007/2010 or MS-Excel 2007/2010 or Adobe Acrobat (pdf) file format. The file size must not exceed 30MB. If the file size should exceed the 30MB, the submission must be made in separate files and attached to separate emails with less than 30MB each.

In order for a quotation to be considered, you must also complete and submit the following:

1. SF-1442

2. Section B, Pricing

3. Section K Representations and Certifications

4. Additional information as required in Section L

5. “The Offeror should submit a completed IRS Form W-14, found at www.irs.gov/w14, to ensure compliance with FAR 52.229-11;”]

6. Proof of SAM Registration mailto:CifuentesIG@state.gov mailto:GuatemalaBids@state.gov http://www.irs.gov/w14

Offerors shall be registered in the SAM (System for Award Management) database at https://www.sam.gov prior to submittal of their offer/proposal as prescribed under FAR 4.1102. Failure to be registered at time of proposal submission may deem the offeror’s proposal to be considered non-responsive to the solicitation requirements and no further consideration will be given. Therefore, offerors are highly encouraged to register immediately if they are interested in submitting a response to this requirement.

Sincerely, Beau P. Garrett Contracting Officer https://www.sam.gov/

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR

INFORMATION CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF PAGES

19GT5025R0007

AMERICAN EMBASSY GUATEMALA CITY

Boulevard Austriaco 11-51, Zona 16, ATTN: GSO - PROCUREMENT SECTION

Guatemala

The Government requires performance of the work described in the statement of work as follows:

Part I - The Schedule Section B - Services and prices Section C - Description / specifications Section D - Packaging and marking Section E - Inspection and acceptance Section F - Deliveries or performance Section G - Contract administration data Section H - Special contract requirements Part II - Contract Clauses Section I - Contract clauses Part III - List of Documents, Exhibits and Other Attachments Section J - List of attachments Part IV - Representations and Instructions Section K - Representations, certifications and other statements of offerors Section L - Instructions, conditions and notices to offerors Section M - Evaluation factors for award

AMERICAN EMBASSY GUATEMALA CITY

Boulevard Austriaco 11-51, Zona 16, ATTN: GSO - PROCUREMENT SECTION

Guatemala

PR14984096

19GT50

INGRID CIFUENTES +502 3071-9635

1 10203/14/2025

4/30/2025

0 1700

AWARD (To be completed by Government)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES

CODE AT

27. PAYMENT WILL BE MADE BY

10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

SECTION A

COVER PAGE ‐ SF‐1442

PART 1 – THE SCHEDULE

SECTION B – SERVICES AND PRICES

B.1 CONTRACT PRICE

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. This price shall include all labor, materials, overhead (including insurance required by FAR 52.228‐3, Workers’ Compensation and War‐Hazard Insurance), and profit.

DESCRIPTION

PRICE (PLEASE

INDICATE CURRENCY)

Site upgrade for fall protection and mitigation

Defense Base Act (Insurance)

Liability Insurance

Sub Total

VAT

Grand Total

B.2 VALUE ADDED TAX (VAT)

The Contractor shall include VAT as a separate charge on the Invoice and as a separate line item in Section B.

B.3 TYPE OF CONTRACT

This will be a firm, fixed‐ price contract payable entirely in the currency indicated in the SF‐1442. No additional sums will be payable for 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.

The Government will not adjust the contract price due to fluctuations in currency exchange rates. The Government will only make changes in the contract price or time to complete due to changes made by the Government in the work to be performed, or by delays caused by the Government.

The Government will make payments based on quantities and unit prices only to the extent specifically provided in the contract.

SECTION C ‐ DESCRIPTION/SPECIFICATIONS

STATEMENT OF WORK

C.1 CHARACTER AND SCOPE OF WORK

C.1.1 OVERVIEW & DESCRIPTION:

The U.S. Embassy requires the services of a general contractor, herein referred to as the Contractor, to provide construction services on selected site upgrades at the U.S. Embassy Guatemala City, Guatemala. The work shall include the surveying of the site as‐built conditions, documentation, and specifications per the below project’s stated objectives and requirements. The contractor shall provide all labor, materials, tools, equipment, supervision, and other related items and activities required to complete the project.

C.1.2 LOCATION:

The U.S. Embassy is located at Boulevard Austriaco 11‐51, Zone 16 in the capital of Guatemala City, Guatemala. All onsite inspections shall be requested and coordinated through the U.S. Embassy’s Facility Manager (FM) or Contracting Officer Representative (COR).

C.1.3 OBJECTIVE:

The Contractor shall provide complete construction services, contract coordination, and supervision, including but not limited to the management, and construction necessary to meet the requirements of this contract within the established schedules. Construction documents shall be in accordance with the RFP Contract Documents and referenced requirements. This information is required to be reviewed by Post officials and OBO subject matter experts (SMEs).

C.1.4 COMMUNICATION:

The Contractor shall maintain contact with the USG regarding the selected site upgrades project through the Contracting Officer's Representative: Anaite Orellana, Facility Engineer, US Embassy Guatemala.

Email: orellanaap@state.gov

C.2 DRAWINGS

The contract drawings are set forth in Section J as Attachment A through F.

In case of differences between small and large‐scale drawings, the latter will govern. Where a portion of the work is drawn in detail and the remainder of the work is indicated in outline, the parts drawn in detail shall apply also to all other portions of the work.

C.3 GENERAL REQUIREMENTS

C.3.1 The contractor firm shall provide qualified professionals, equipment, materials, tools, and supervision as needed to complete the services here in stated. It is expected that the contractor shall partner closely with U.S. Embassy personnel, and OBO SMEs.

C.3.2 The work shall be executed in a diligent manner in accordance with a negotiated firm fixed price contract and performance period. The period of performance for all phases of the project shall be completed in the time frame agreed upon. Any changes to the schedule shall be addressed with the Contracting Officer. Work shall commence from the Notice to Proceed (NTP) after Contract Award date.

C.3.3 This contract is for unclassified work in the Existing Embassy Compound (EEC). No clearances required. The contractor’s personnel shall have limited access to areas of the compound and only as necessary to execute the contract. The contractor shall not be admitted into any structure outside the areas designated for the project except with permission by the U.S. Embassy Facility Manager.

C.3.4 DELIVERABLES

The contractor shall be required to prepare and submit, before the work commences; a qualifying statement of the proposal for the work to be completed. The contractor and their consultants shall conduct the necessary site investigations to verify the project requirements, measurements, and locations of all existing surface and sub‐surface utilities and structures that are pertinent to the identified scope of work and requirements per Sections C.5 and C.6 of this document.

C.4 CONTRACT ADMINISTRATION

C.4.1 The contractor shall not conduct any work that is beyond this Statement of Work and accompanying specifications unless directed in writing by the Contracting Officer (CO). Any work done by the offer or personnel beyond this SOW and accompanying specifications without direction from the CO will be at the contractor’s risk and at no cost to the U.S. Government.

C.4.2 The CO shall provide a Notice to Proceed (NTP) to the Contractor. No work shall commence until the NTP is issued by the CO.

C.4.4 The U.S. Embassy 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.

C.4.5 The U.S. Embassy’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.

C.4.6 The U.S. Embassy has the right to inspect and test all services called for by the contract, to the extent practicable, at any time and place during the term of the contract. Furthermore, the Bureau of Overseas Buildings Operations, via one of their Subject Matter Experts, may perform quality assurance inspections (QA) and tests during the survey to confirm the work is in accordance with the SOW.

C.4.7 The CO 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. Embassy requires time for official functions or is in possession of specific credible information indicating that the lives of U.S. Embassy personnel are immediately threatened, and that the execution of the project will increase the U.S. Embassy's vulnerability. The contractor shall promptly notify the CO that work has been stopped.

C.4.8 If any of the contractor 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. Embassy may by contract or otherwise, perform the services and charge the contractor for any cost incurred by the U.S. Embassy that is directly related to the performance of such service or terminate the contract for default.

C.4.9 The U.S. Embassy 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 best interest of the U.S.

Government.

C.5 WORK REQUIREMENTS

C.5.1 The contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all survey and design 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.5.2 The contractor shall examine all the documents and visit the site to fully inform themselves of all the conditions and limitations applied to the survey and submit a firm, fixed‐price cost proposal for all the work. No subsequent cost allowance will be made to the firm for neglect of understanding the existing conditions.

C.5.3 Contractor to provide a qualifying statement that the firm’s company and all personnel are experienced in the completion of similar work.

C.5.4 The contractor shall be responsible for all required materials not provided by the Embassy, equipment and personnel to manage, administer, and supervise the project. All workmanship shall be of good quality and performed in a skillful manner as determined by the COR.

C.5.5 The Contractor shall guarantee the work, labor, and equipment for a period of ONE [1] year at no cost to the U.S. Embassy and signed by the contractor.

C.5.6 The Contractor personnel shall perform the work at the site during the U.S. Embassy's normal workday hours, unless alternate work hours are agreed upon with the COR.

C.5.7 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 Superintendent on all issues relating to quality of the work. It is imperative to ensure that all surveys and plans are accurate to seamlessly integrate the new work with the current site conditions

C.5.8 All documentation produced for this project will become the ownership of U.S. Embassy Guatemala at the completion of this survey.

C.5.9 The contractor shall be and remain liable to the U.S. Embassy in accordance with applicable law for all damages to the U.S. Embassy caused by the contractor’s negligence of any of the services furnished under this contract. The rights and remedies for the U.S. Embassy provided for under this contract are in addition to any other rights and remedies provided by law.

C.6 STATEMENT OF WORK AND DESIGN REQUIREMENTS

C.6.1 The contractor shall develop a site implementation plan, to preserve and protect the existing conditions while supporting the seamless integration of the proposed site upgrades within a well‐ defined limit of disturbances.

C.6.2 The contractor shall develop a site phasing plan that best communicates to Post the intended site logistics and disturbances for coordination purposes. Attachment A illustrates Four (4) identifiable zones:

Zone A Site planter upgrades North Zone B Site planter upgrades West Zone C Site planter upgrades South with upgrades to Amphitheater seating (see Attachment B) Zone D Fall Arrest System at Utilidor SPX

C.6.3 The site upgrades and proposed locations as illustrated in Attachment A shall include:

o Add Guardrails (to match existing) to south and north planters for fall protection per Attachment C.

o Add missing stair handrails (to match existing) from PKG exit to consular level, southeast of site, per location shown on Attachment B, and details on Attachment C.

o Remove landscape and fill with hardscape at two (2) narrow planters on south of site, per location shown on Attachment B. Remove all landscape and fill with layer of concrete to prevent tree seedling and invasive plants and top with layer of small stones to match or complement existing. Small stone used for mulch, mow strips, or other functional or aesthetic purposes on the surface of the ground should be less than 20mm in diameter. All other stone used for landscape functional or aesthetic purposes should be minimum 500mm in any direction.

o Intermediate steps and handrails for accessibility into the stadium seating, for amphitheaters A, B, and C (16 stone unit modules) per locations shown on Attachment B. Details of intermediate steps and handrails, see attachment D.

o Add anti‐wandering wall with gate to emergency egress (to match existing) per location shown on Attachment B, and details on Attachment E o Addition of (6) benches at the top of the amphitheater seating to serve as visual indicator and to prevent people from falling to the seating below per locations shown on attachment B.

Reference Attachment F for product data.

o At the Utilidor (room number S219, entrance via the SPX, level 2), add (3) self‐closing ladder system swing gates for the floor hatch, and (3) personal fall arrest ladder system per location shown on Attachment G.

C.7 GOVERNING CRITERIA

C.7.1 The Contractor’s work shall follow the industry best practices and comply with OBO Design Standards and OBO ICS IZC to meet the desired intent for the designated areas. The COR will review and comment on the Contractor’s submissions using the latest, most recent versions of the following codes and standards:

2023 OBO Design Standards and OBO ICS (Int Code Supplement) IZC (International Zoning Code)

If there is conflict between local and OBO or International codes, the more stringent requirement shall be followed. New work being provided shall, at a minimum, be equal to or better than the current installation.

C.8 PERIOD OF PERFORMANCE SCHEDULE & DELIVERABLES

C.8.1 The Contractor shall commence work under this contract promptly, execute the work diligently, and achieve final completion and acceptance including final cleanup of the premises within the period specified.

C.8.2 Deliverables the contractor shall provide are as follows:

Design Development with all areas of work shown and coordinated and to be submitted to OBO for review and approval

Shop drawings for:

o Guardrails and Handrails o Fences with gates o Mid‐steps at amphitheaters o Fall arrest ladder harness system and swing gates

Product Data for:

o Stone for mid‐step at amphitheaters o Fall arrest ladder harness system and swing gates for Utilidor at SPX o Benches

Samples for:

o Stone, 200x200mm Min.

o Stainless Steel Metal, 100x100mm Min.

Contractor to provide a safety plan for the execution of the work to be compliant with USACE

EM‐385‐1‐1, latest edition. Plan to be submitted for review and approved by Post before commencement of work.

C.8.3 Period of performance:

Project Kick‐Off Meeting within 10 days of NTP.

Full NTP for Construction Period of performance for construction: 90 days

Project Closeout & Turnover: Provide AutoCAD Files, PDF Drawings, and (1) full size printed copies (1) in English according to the 2023 OBO CAD Standards of the survey data and plans.

C.9 PROJECT‐SPECIFIC SECURITY PROGRAM

9.1 The work to be performed under this contract requires that the Contractor, its employees, and sub‐ contractors submit required Personal Identification Document of Guatemala (DPI) for review by the U.S.

Embassy Security section for access consideration. Information received will be verified and confirmed by local authorities.

SECTION D ‐ PACKAGING AND MARKING

D.1 The Contractor shall mark materials delivered to the site as follows:

US EMBASSY GUATEMALA

Boulevard Austriaco 11‐51, Zona 16

Guatemala, Guatemala 01016

SECTION E ‐ INSPECTION AND ACCEPTANCE

E.1 52.252‐2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at: Acquisition.gov

(End of clause)

THE FOLLOWING FEDERAL ACQUISITION REGULATION CLAUSE(S) IS/ARE INCORPORATED BY REFERENCE

(48 CFR CH. 1):

CLAUSE TITLE AND DATE

52.204‐18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

52.204‐19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC

2014)

52.232‐27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

52.246‐12 INSPECTION OF CONSTRUCTION (AUG 1996)

52.246‐26 REPORTING NONFORMING ITEMS (AUG 2024)

E.2 QUALITY ASSURANCE

The Contractor shall institute an appropriate inspection system set forth in a Quality Assurance Plan.

The plan shall include checklists of duties to be carried out, ensuring these duties are carried out by the supervisory staff and senior employees, and carrying out weekly inspections to determine whether the various services are being performed according to the contract. The Contractor shall provide copies of the weekly inspection reports to the COR.

The Contractor shall correct and improve promptly any shortcomings and substandard conditions noted during inspections. The Contractor shall bring any conditions beyond the responsibility of the Contractor to the attention of the Contracting Officer or COR.

E.2.1 MONTHLY REPORT: The Contractor shall submit to the COR a monthly progress report, along with the monthly invoice, summing up observations resulting from the inspections, progress, difficulties or irregularities encountered, resolution of problems, measures taken to improve conditions, recommendations, and other matters related to this contract.

E.2.2. INSPECTION BY GOVERNMENT: The COR, or his/her authorized representatives, will inspect from time to time the services being performed and the supplies furnished to determine whether work is being performed in a satisfactory manner, and that all supplies are of acceptable quality and standards.

The Contractor shall be responsible for any countermeasures or corrective action, within the scope of this contract, which may be required by the Contracting Officer as a result of such inspection.

E.3 SUBSTANTIAL COMPLETION

E.3.1 DEFINITIONS

(a) "Substantial Completion" means the stage in the progress of the work as determined and certified by the Contracting Officer in writing to the Contractor, on which the work (or a portion designated by the Government) is sufficiently complete and satisfactory.

Substantial completion means that the property may be occupied or used 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 Contracting Officer or authorized Government representative as of which substantial completion of the work has been achieved.

E.3.2 USE AND POSSESSION UPON SUBSTANTIAL COMPLETION

The Government shall have the right to take possession of and use the work upon substantial completion. Upon notice by the Contractor that the work is substantially complete (a Request for Substantial Completion) and an inspection by the Contracting Officer or an authorized Government representative (including any required tests), the Contracting Officer shall furnish the Contractor a Certificate of Substantial Completion. The certificate shall be accompanied by a Schedule of Defects listing items of work remaining to be performed, completed or corrected before final completion and acceptance. Failure of the Contracting Officer 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.4 FINAL COMPLETION AND ACCEPTANCE

E.4.1 DEFINITIONS

(a) "Final completion and acceptance" mean the stage in the progress of the work as determined by the Contracting Officer and confirmed in writing to the Contractor, at which all work required under the contract has been completed in a satisfactory manner, 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

Contracting Officer when final completion of the work has been achieved, as indicated by written notice to the Contractor.

E.4.2 FINAL INSPECTION AND TESTS

The Contractor shall give the Contracting Officer at least five (5) days advance written notice of the date when 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 notice unless the Contracting Officer determines that the work is not ready for final inspection and so informs the Contractor.

E.4.3 FINAL ACCEPTANCE

If the Contracting Officer is satisfied that the work under the contract is complete (with the exception of continuing obligations), the Contracting Officer shall issue to the Contractor a notice of final acceptance and make final payment upon:

(a) satisfactory completion of all required tests,

(b) a final inspection that all items by the Contracting Officer 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 and other items required upon completion of the work, including a final request for payment (Request for Final Acceptance).

SECTION F ‐ DELIVERIES OR PERFORMANCE

F.1 52.252‐2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at: Acquisition.gov

(End of clause)

THE FOLLOWING FEDERAL ACQUISITION REGULATION CLAUSES ARE INCORPORATED BY REFERENCE (48

CFR CH. 1):

CLAUSE TITLE AND DATE

52.242‐14 SUSPENSION OF WORK (APR 1984)

F.2 52.211‐10 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to:

(a) commence work under this contract within 5 days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 90 days.

The time stated for completion shall include final cleanup of the premises and completion of “punch list” items.

F.3 LIQUIDATED DAMAGES

F.3.1 52.211‐12 LIQUIDATED DAMAGES ‐ CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, or any extension, the Contractor shall pay liquidated damages to the Government in the amount of US$500.00 for each day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Default clause.

F.3.2. ASSESSMENT AND APPORTIONMENT OF LIQUIDATED DAMAGES

Liquidated damages will be assessed from the completion date indicated in the contract or extensions thereof to the date of substantial completion as actually achieved by the Contractor, as determined by the Contracting Officer.

F.4 CONTRACTOR'S SUBMISSION OF CONSTRUCTION SCHEDULES

(a) The time for submission of the schedules referenced in Section I, 52.236‐15, "Schedules for Construction Contracts", paragraph (a), is hereby modified to reflect the due date for submission as "ten

(10) days after receipt of an executed contract".

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

(c) The Contractor shall revise such schedules (1) to account for the actual progress of the work,

(2) to reflect approved adjustments in the performance schedule, and (3) as required by the Contracting Officer to achieve coordination with work by the Government and any separate contractors used by the Government. The Contractor shall submit a schedule which sequences work so as to minimize disruption at the job site.

(d) All schedules shall be in the English language and any system of dimensions (English or metric) shown shall be consistent with that used in the contract. No extension of time shall be allowed due to a delay by the Government in approving such deliverables if the Contractor has failed to act promptly and responsively in submitting its deliverables. The Contractor shall identify each deliverable as required by the contract.

F.5 ACCEPTANCE OF SCHEDULE

When the Government has accepted any time schedule, it shall be binding upon the Contractor. The completion date is fixed and may be extended only by a written contract modification signed by the Contracting Officer. Acceptance or approval of any schedule or revision thereof by the Government shall not (1) extend the completion date or obligate the Government to do so, (2) constitute acceptance or approval of any delay, or (3) excuse the Contractor from or relieve the Contractor of its obligation to maintain the progress of the work and achieve final completion by the established completion date.

F.6 NOTICE OF DELAY

If the Contractor receives a notice of any change in the work, or if any other conditions arise which are likely to cause or are actually causing delays which the Contractor believes may result in late completion of the project, the Contractor shall notify the Contracting Officer. The Contractor’s notice shall state the effect, if any, of such change or other conditions upon the approved schedule, and shall state in what respects, if any, the relevant schedule or the completion date should be revised. The Contractor shall give this notice not more than ten (10) days after the first event‐giving rise to the delay or prospective delay. Only the Contracting Officer may make revisions to the approved time schedule.

F.7 NOTICE TO PROCEED

(a) After receiving and accepting evidence of insurance, the Contracting Officer will issue the Contractor a Notice to Proceed. The Contractor shall then prosecute the work commencing and completing performance not later than the period established in the contract.

(b) It is possible that the Contracting Officer may elect to issue the Notice to Proceed before receipt and acceptance of insurance policy. Issuance of a Notice to Proceed by the Government before receipt of the required policies shall not be a waiver of the requirement to furnish these documents.

F.8 WORKING HOURS

All work shall be performed during Monday through Friday from 7:00 to 16:00 hours except for the holidays identified below.

Other hours, if requested by the Contractor, may be approved by the Contracting Officer's Representative. The Contractor shall give 24 hours in advance to COR who will consider any deviation from the hours identified above. Changes in work hours will not be a cause for a price increase.

(a) The Department of State observes the following days* as holidays:

New Year’s Day (A & G) Martin Luther King’s Birthday Washington’s Birthday Holy Thursday Good Friday Guatemalan Labor Day Memorial Day Juneteenth Army Day U.S. Independence Day Feast of the Assumption U.S. Labor Day Guatemalan Independence Day Columbus Day Revolution Day All Saints Day Veterans Day Thanksgiving Day Christmas Eve Half Day Christmas Day (A & G) New Year’s Eve Half Day

*Any other day designated by Federal law, Executive Order or Presidential Proclamation.

When any such day falls on a Saturday, the preceding Friday is observed; when any such day falls on a Sunday, the following Monday is observed. Observance of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract. If the Contractor's personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized pursuant to an overtime clause elsewhere in this contract.

F.9 EXCUSABLE DELAYS

The Contractor will be allowed time, not money, for excusable delays as defined in FAR 52.249‐ 10, Default. Examples of such cases include:

(l) acts of God or of the public enemy,

(2) acts of the United States Government in either its sovereign or contractual capacity,

(3) acts of the government of the host country in its sovereign capacity,

(4) acts of another contractor in the performance of a contract with the Government,

(5) fires,

(6) floods,

(7) epidemics,

(8) quarantine restrictions,

(9) strikes, (l0) freight embargoes,

(11) delays in delivery of Government furnished equipment, and

(12) unusually severe weather.

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

(1) must be one that the Contractor could not have reasonably anticipated and taken adequate measures to protect against,

(2) cannot be overcome by reasonable efforts to reschedule the work, and

(3) directly and materially affects the date of final completion of the project.

F.10 PRE‐CONSTRUCTION CONFERENCE

A preconstruction conference will be held 10 days after contract award at Boulevard Austriaco 11‐51, Zona 16 to discuss the schedule, submittals, notice to proceed, mobilization and other important issues that affect construction progress. See FAR 52.236‐26, Pre‐Construction Conference in Section I.

F.11 DELIVERABLES

The following items shall be delivered under this contract:

Description Quantity Delivery Date Deliver To:

H.1.2. Insurance 1 10 days after award CO

H.11.1. Safety Plan 1 10 days after award COR

E.2. Quality Assurance Plan 1 10 days after award COR

F.4. Construction Schedule 1 10 days after award COR

H.14.1. Submittal Register 1 10 days after award COR

F.10. Pre‐Construction Conference 1 10 days after award COR

H.13.2. Biographic Data on Personnel

1 10 days after award COR

E.2.2. Inspection Reports 1 3 days after end of weekly period

COR

G.3.2 Payment Request 1 Last day of each month

COR

E.2.1. Monthly Progress Report 1 7th day of the following month

COR

F.4.(c). Updates to Construction 1 Last day of each month

COR

E.3.2. Request for Substantial Completion

1 5 days before inspection

COR

H.4.4. As‐built Drawings and Warranties

1 After final completion but before final

COR

acceptance

E.4.2. Request for Final Acceptance 1 5 days before inspection

COR

F.6 Notice of Delay 1 Within 10 days after event

CO

F.8 Additional Hours 1 No later than 24 hours in advance of need

COR

H.2.4 Evidence of Insurance 1 10 days after award CO

H.17.2 Differing Site Condition 1 Within 10 days of occurrence

CO

SECTION G ‐ CONTRACT ADMINISTRATION DATA

G.1 AUTHORITY OF CONTRACTING OFFICER

All work shall be performed under the general direction of the Contracting Officer, who alone shall have the power to bind the Government and to exercise the rights, responsibilities, authorities and functions vested by the contract.

G.2 MONITORING OF THE CONTRACTOR

G.2.1. 652.242‐70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)

(a) The Contracting Officer may designate in writing one or more Government employees, by position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer’s Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation.

(b) The COR for this contract is Anaite Orellana, Facilities Engineer.

G.2.2 DUTIES

The COR is responsible for inspection and acceptance of services. These duties include review of Contractor invoices, including the supporting documentation required by the contract. The COR may provide technical advice, substantive guidance, inspections, invoice approval, and other purposes as deemed necessary under the contract. The COR is designated as the authority to act for the Contracting Officer in matters concerning technical clarification, random inspection of Contractor performance to ensure compliance with contract specifications and acceptance of the Contractor's performance under this contract. The COR will coordinate all work with the Contractor during the term of this contract. The COR is not authorized to alter the contract's terms, or conditions, including the design to budget parameter. Such changes must be authorized by the Contracting Officer in a written modification to the contract. Reference to the project architect within documents incorporated into this contract shall be read to mean COR.

G.3 PAYMENT

G.3.1 GENERAL

Payments are subject to FAR 52.232‐5, "Payments Under Fixed‐Price Construction Contracts".

The contractor shall provide a firm fixed‐priced, lump sum proposal to the Contracting Officer.

The contractor may submit requests for progress payments at monthly intervals to cover the value of labor and materials completed to date. In making progress payments, there shall be 10% retained in the amount due until final completion.

G.3.2 DETAIL OF PAYMENT REQUESTS

Each application for payment shall cover the value of labor and materials completed and in place, including a prorated portion of overhead and profit. The Government will make payments no more frequently than monthly, unless otherwise provided in this contract.

*Invoice must include VAT. A VAT Exemption form will be provided as payment for the 12% tax.

*Payment processing will begin after services have been rendered and/or items have been delivered, and a correct invoice has been received.

*Payment terms: Net 30 days after receipt of valid invoice in the finance office.

*Invoice cannot include any services and/or items beyond what is included in the contract.

*Performance (services) will be coordinated by the requesting office, if applicable.

*Payments will be made only via Electronic Funds Transfer (EFT).

Bill to: Embajada Americana

Boulevard Austriaco 11‐51, Zona 16 Nit 347497‐6

G.3.2.1 The Contractor shall submit one copy of all payment invoices, with the appropriate backup documents to the COR. The COR will determine if the invoice is complete and proper as submitted. The COR also will determine if billed services have been satisfactorily performed and if expenses billed are correct. If it is determined that the amount billed is incorrect, the COR will, within seven days, request the Contractor to submit a revised invoice.

INVOICE MUST BE SUBMITTED THROUGH THE PAYMENT PORTAL.

*You must attach in PDF format the EFT form to verify that your bank information for payment process is correct.

*Access to the portal can be requested at: https://mygrants.servicenowservices.com/mygrants to create an account.

*Click the Create an Account button to open the Choose your Account Type pop‐up.

*Click the Create a mylLMS Vendor Account button to open the Account Request Form.

*Click the Please Select Your Language drop‐down to choose a language for the account. Users can update their preferred language at any time. Click Next.

*Fill out the “Account Request Form”. On the Embassy field you must select GUATEMALA. Click the Submit button.

*The U.S. Embassy Guatemala will approve the account, and you will receive a confirmation email.

*The vendor will search their inbox for an email from noreply@seicam.state.gov for the Welcome to Department of State ICAM (SE‐ICAM), Activate Your Account! email and follow the steps to create their Okta accounts.

*Scroll to the bottom of the email and click on the Activate SE‐ICAM Account button in the activation email to open the Set Up Security Methods page. Click on the Set‐Up button under the Password section to create a password for the Okta. Create a password that meets the password requirements (12 characters that do not include the name of the provider, neither the username, nor the name of the person making the registration) and re‐enter the password.

*Click the Set‐Up button under the Okta Verify section to open instructions to download and set up the Okta Verify app. You must configure Okta Verify, sync the telephone number and select a security question.

*Click on the MyGrants button to sign into the Okta account and access the system.

*Review the Rules of Behavior and click the Agree button to go to the homepage.

*Attachments shall be legible and in PDF format only.

*The name of the file shall not have more than 40 characters.

*Invoice must include clear and complete description of items and/or services as described in this Purchase Order, including period of service, if applicable.

G.3.2.2 The Contractor shall specifically identify the last invoice as "Final Invoice." The

Final invoice shall include the remaining payment claimed to be due under the basic contract and all modifications issued, if any. The final invoice shall also have the Contractor's Release of Claims Certificate attached.

G.3.3 PAYMENTS TO SUBCONTRACTORS

The Contractor shall make timely payment from the proceeds of the progress or final payment for which request is being made to subcontractors and suppliers following the Contractor's contractual arrangements with them.

G.3.4 EVALUATION BY THE CONTRACTING OFFICER

Following receipt of the Contractor's request for payment, and on the basis of an inspection of the work, the Contracting Officer shall make a determination as to the amount that is then due.

If the Contracting Officer does not approve payment of the full amount applied for, less the retainage addressed in FAR 52.232‐5, the Contracting Officer shall advise the Contractor of the reasons.

G.3.5 ADDITIONAL WITHHOLDING

The Government may withhold from payments due the Contractor any amounts as may be considered necessary to cover ‐‐

(a) Wages or other amounts due the Contractor's employees on this project;

(b) Wages or other amounts due employees of subcontractors on this project;

(c) Amounts due suppliers of materials or equipment for this project; and

(d) Any other amounts for which the Contractor may be held liable under this contract, including but not limited to the actual or prospective costs of correction of defective work and prospective liquidated damage when the Contractor has failed to make adequate progress.

This withholding is independent of monies retained by the Government under FAR 52.232‐5, or otherwise as permitted to be retained under this contract.

G.3.6. PAYMENT

Under the authority of 52.232‐27(a) the 14 day period identified in FAR 52.232‐27(a)(1)(i)(A) is hereby changed to 30 days.

G.4 The Contractor shall identify Value Added Tax (VAT) as a separate line item in Attachment 1, Breakdown of Proposal Price. The Contractor shall also show VAT as a separate charge on invoices submitted.

SECTION H ‐ SPECIAL CONTRACT REQUIREMENTS

H.1 INSURANCE

H.1.1 AMOUNT OF INSURANCE

The Contractor is required by FAR 52.228‐5 to provide whatever insurance is legally necessary. The Contractor, shall, at its own expense, provide and maintain during the entire performance period the following insurance amounts:

General Liability (includes premises/operations, collapse hazard, products, completed operations, contractual, independent contractors, broad form property damage, personal injury)

General Liability:

(1) Bodily injury on or off site stated in U.S. dollars:

Per Occurrence US$10,000.00

Cumulative US$50,000.00

(2) Property damage on or off site in U.S. dollars:

Per Occurrence US$10,000.00

Cumulative US$50,000.00

The foregoing types and amounts of insurance are the minimums required. The Contractor shall obtain any other types of insurance required by local law or that are ordinarily or customarily obtained in the location of the work. The limit of such insurance shall be as provided by law or sufficient to meet normal and customary claims.

The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to any property of the Contractor, its officers, agents, servants, and employees, or any other person, arising from an incident to the Contractor's performance of this contract. The Contractor shall hold harmless and indemnify the Government from any and all claims arising there from, except in the instance of gross negligence on the part of the Government.

The Contractor shall obtain adequate insurance for damage to, or theft of, materials and equipment in insurance coverage for loose transit to the site or in storage on or off the site.

H.1.2 GOVERNMENT AS ADDITIONAL INSURED

The general liability policy required of the Contractor shall name "the United States of America, acting by and through the Department of State", as an additional insured with respect to operations performed under this contract.

H.1.3 INSURANCE‐RELATED DISPUTES

Failure to agree to any adjustment contemplated under this contract regarding insurance shall be a dispute within the meaning of the clause in Section I, 52.233‐1, Alternate I, "Disputes". Nothing in this clause shall excuse the Contractor from proceeding with the work.

H.1.4 TIME FOR SUBMISSION OF EVIDENCE OF INSURANCE

The Contractor shall provide evidence of the insurance required under this contract within ten (10) days after contract award. Failure to timely submit this evidence, in a form acceptable to the Contracting Officer, may result in rescinding or termination of the contract by the Government.

H.2 DEFINITIONS

In addition to the definitions provided in Section I, FAR 52.202‐1 and DOSAR 652.202‐70, the following definitions shall apply when used in connection with this contract:

(a) “Contract Drawings or Drawings,” where indicated by the context, means those drawings specifically listed in the construction contract or as later incorporated into the contract by contract modification.

(b) “Day” means a calendar day unless otherwise specifically indicated.

(c) “Host Country” means the country in which the project is located.

(d) “Material” means all materials, fixtures and other articles incorporated in, or which are intended to…