CAE-ConstrOverseas Jan 24 Final.pdf

EMBASSY OF THE

UNITED STATES OF AMERICA

P.O. BOX 606 - 00621, VILLAGE MARKET

NAIROBI, KENYA

Date: January 24, 2020

Dear Prospective Quoter:

SUBJECT: Solicitation Number 19KE5020Q0002

Enclosed is a Request for Quotations (RFQ) for swimming pool and cabana construction. If you would like to submit a quotation, follow the instructions in Section J of the solicitation, complete the required portions of the attached document, fill in where applicable

Standard Form 1442 (page2) and submit the packet as explained below.

Your proposal must be submitted in two separate documents as follows;

Title

1. RFQ. FINANCIAL PROPOSAL: This entails the price quotation indicating unit and total prices before VAT

(Must have the Company Letter Head or Company Stamp/ Seal including your quotation Reference Number).

2. RFQ. TECHNICAL PROPOSAL (Must not have your Letter Head or Company Stamp/Seal i.e. it should be on plain paper). Your quotation reference number is required on this which matches the price proposal number)

• This must be submitted on or before Monday, February 24, 2020. 10.00am East African Time. Only hard-copy documents will be accepted. The Financial Proposal and the Technical Proposal must be separate. Deliver one original and 2 copies of all submissions to the U.S. Embassy- Nairobi, UN Avenue, Gigiri at the Truck

Transfer Area next to CAC 2.

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

All contractors must be registered in the SAM (System for Award Management) Database https://www.sam.gov prior to contract award pursuant to FAR provision 52.204-7. Therefore prospective offerors should register prior to the submittal of quotations/proposals. Please note that Kenya is not a danger pay post.

The guidelines for registration in SAM are also available at: https://www.sam.gov/SAM/

The Embassy intends to conduct a Pre-quotation briefing and site visit and all prospective quoters who have received a solicitation package are invited to attend. See Section J (Quotation information) of the attached Request for Quotations (RFQ).

Direct any questions regarding this solicitation to Lance Posey by email: NairobiGSO-Contracts@state.gov. kindly reference the solicitation number for all communications.

Sincerely, Lance Posey, Contracting Officer

Enclosures https://www.sam.gov/ https://www.sam.gov/SAM/ mailto:NairobiGSO-Contracts@state.gov

SF-1442, Bilateral

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

19KE5020Q0002

2. TYPE OF SOLICITATION

SEALED BID (IFB)

X NEGOTIATED (RFQ)

3. DATE ISSUED

01/24/2020

PAGE OF

PAGES

1 72

IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

PR8892936

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

U.S. Embassy Nairobi

See Item 7

9. FOR INFORMATION

CALL:

A. NAME

Lance Posey, Contracting Officer B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 020-363 6000

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

SF-1442 SOLICIATION, OFFER, AND AWARD

OVERVIEW

A. PRICE

B. SCOPE OF WORK

C. PACKAGING AND MARKING

D. INSPECTION AND ACCEPTANCE

E. DELIVERIES OR PERFORMANCE

F. ADMINISTRATIVE DATA

G. SPECIAL REQUIREMENTS

H. CLAUSES

I. LIST OF ATTACHMENTS

J. QUOTATION INFORMATION

K. EVALUATION CRITERIA

L. REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR QUOTERS

ATTACHMENTS

11. The Contractor shall begin performance within __1_ calendar days and complete it within _100 calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable. (See _______________.)

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT

BONDS? (If “YES,” indicate within how many calendar days after award in Item 12B.)

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __2__ copies to perform the work required are due at the place specified in Item 8 by _10:00 AM_____.

(hour) local time __February 24, 2020____________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due B. An offer guarantee is, X is not required.

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.

Offers providing less than ___30__ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

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

A AMOUNTS

18. 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

A AMENDMENT NO.

DA DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20 B. SIGNATURE

20 C. OFFER DATE

AWARD (To be completed by Government)

21. 21. ITEMS ACCEPTED:

All

22. 22. AMOUNT

23. 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

G.3

25. 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT

TO

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )

26. 26. ADMINISTERED BY CODE

Block 31

27. 27. PAYMENT WILL BE MADE BY

Charleston Financial Center

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return __2__ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated 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 or incorporated by reference in or attached to this contract.

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.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

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

Lance Posey

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY:

31C. AWARD

DATE

TABLE OF CONTENTS

SF-1442 SOLICIATION, OFFER, AND AWARD

A. PRICE

B. SCOPE OF WORK

C. PACKAGING AND MARKING

D. INSPECTION AND ACCEPTANCE

E. DELIVERIES OR PERFORMANCE

F. ADMINISTRATIVE DATA

G. SPECIAL REQUIREMENTS

H. CLAUSES

I. LIST OF ATTACHMENTS

J. QUOTATION INFORMATION

K. EVALUATION CRITERIA

L. REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR QUOTERS

ATTACHMENTS:

Attachment 1: Sample Letter of Bank Guaranty

Attachment 2: Pool Drawings (1-9)

Attachment 3: Pool Specifications (1-6)

Attachment 4: Cabana Drawings (1-8)

Attachment 5: Cabana Specifications

Attachment 6: Swimming Pool Supplemental Requirements

Attachment 7- Topographical Layout for Swimming Pool Project

Attachment 8- Geotechnical Specifications

Attachment 9 - Existing Services Layout

Attachment 10- Section Layout for Swimming and Cabana Project

Attachment 11- Elevation Layout for Proposed Cabana

Attachment 12- Sectional Details for Proposed Swimming Pool Project

Attachment 13-Swimming Pool and Cabana Plumbing Elevation

Attachment 14-Swimming Pool and Cabana Plumbing

Attachment 15-Swimming Pool and Cabana Septic Tank Details

Attachment 16-Water Quality Analysis- Municipal Water.

Attachment 17-Water Quality Analysis- Borehole Water

REQUEST FOR QUOTATIONS – CONSTRUCTION

Client:

The United States Government (USG), Department of State (DOS), has a requirement to undertake construction of a residential swimming pool.

Location:

(CMR- R130013). Spring valley – Kyuna road.

Contact:

Project Engineer

Facility Management (FAC)

American Embassy Nairobi

The character and scope of the work are set forth in the contract. The Contractor shall furnish and install all materials required by this contract.

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.

OBJECTIVE

Requirements in this SOW serve as a direction to the Contractor undertaking construction of the swimming pool and cabana. The Contractor shall perform all services in accordance with local and international safety and construction standards as generally applicable to accepted professional practices.

The work shall be undertaken according to the Scope Of Work (SOW), List Specifications, Appendices 1 through 24, and Engineering Drawings.

No variations /deviations will be implemented without prior approval from the Contracting

Officer (CO). Any foreseeable element likely to warrant cost adjustments must be discussed prior to contract signing through Request for Information (RFI) submittal.

A. PRICE

The Contractor shall complete all work, including furnishing all labor, material, equipment and services required under this purchase order for the following firm fixed price and within the time specified. This price shall include all labor, materials, all insurances, overhead and profit.

Item # Descriptions Units Quantity Price per unit

Total

Price

1 Mobilization/Demobilization/Design interpretation:

The contractor shall safely secure the work area, provide all hounding, shoring, scaffolding, Protective gear and all associated materials to prepare safe working space. Upon completion of the project, allow for site demobilization, clean up, restoration of the landscape to blend with the existing ecosystem. Allow for architectural and engineering expert service dedicated to accurate interpretation of the client provided drawings and design concept to enhance effecting technical communication across the stakeholders. The vendor shall obtain all required permits from the relevant authorities for compliance.

Lump

Sum

2 Landscaping:

Allowance for landscaping design and implementation, 10 meters around perimeter of Pool Deck, assuming pool deck is 10cm above adjacent grade at closest point, to include privacy hedge, and indigenous pollinator plantings.

Lump

Sum

3 Excavation and cart away:

Prepare site, provide labor, required equipment and undertake ground excavation on the space prior to swimming pool, pool pump room, cabanas and septic system construction. This shall be done in a systematic manner in with all factors put into considerations including but not limited to: Engineering design, Underground features, weather, project schedule, site operations convenience.

(See drawings: Cabana and Pool

M

Cubic plans/SOW)

4 Swimming Pool Construction:

Provide materials, labor, equipment and undertake construction of the swimming pool putting into consideration the attached drawings.

This shall include decking, drainage channels, drain sump, reinforced concrete pool shell with all waterproofing treatments and reinforcement details as per SOW, tiling as per client’s tiles selection.

( See Cabana Plan and

Elevations/SOW)

Lump

Sum

5 Pool features and finishes:

Provide materials, labor, equipment and undertake installation of all swimming pool features, putting into consideration of the attached drawings.

This shall include but not limited to:

Pool coping, skimmers, depth markings, water jets, pool ladders

(s/steel), stair handrail, pool lights, gratings, drain ports, inspection manholes, stairs, (See drawings on pool details/SOW)

Lump

Sum

6 Pool pump room /plumbing:

Provide materials, labor, equipment and undertake construction of all plumbing and pump room, putting into to consideration the provided drawings.

This shall include but not limited to:

Supply and return lines in schedule 80

PVC, skimmers connection in schedule

80 PVC, sand filter housing complete with control valve and sand media, pumps as per the specifications, power connections, power panels and control panels.

(See drawings on Pool plumbing/SOW)

Lump

Sum

7 Pool heating:

Provide materials, labor, equipment and undertake pool heaters installation with the capacity to heat and maintain the pool water (150 cubic meter) to temperature between 26 deg C to

28Deg C, sized to Nairobi ambient

Lump

Sum condition (consider temperature profile for the entire year). The pool heater shall be powered using 415V/50hz three phase heat pump rated at

140000BTU heater. Allow for thermal blanket for heat conservation.

8 Swimming Pool fencing and other safety features:

In line with the SHEM pool safety policy, install a fence around the swimming pool, complete with children anti-tamper gates, signages.

Allow for swimming pool safety equipment including but not limited to:

Shepherd hooks, Buoy, cleaning equipment (brushes, vacuum lines, .

See Pool features checklist/SOW

Lump

Sum

9 Provide line item allowance for exterior lighting, photo sensing auto on/off for safety, security, and ambience lighting of pool deck.

Each 10 (min’).

10 Cabana plumbing:

Provide materials, labor, equipment and undertake construction of all plumbing putting into to consideration the provided drawings. This shall include but not limited to: Supply and return lines in PPR, water pressure booster pump.

Lump

Sum

11 Cabana Decking:

Provide materials, labor and install decking/veranda round the cabana using natural stone tiling (as selected by the client). Around the deck, introduce French drain, install road kerb/channel flash to the general ground and in-fill the 60mm away from the edge. Pack black river pebbles

(25mm to 50mm mix) as infill material between the road channel and the decking/veranda edge.

Lump

Sum

12 Pool cabanas Construction:

Provide materials, labor, equipment and undertake construction of the pool cabanas, putting into consideration the provided drawings:

This shall include but not limited to:

Ladies toilets, showers/changing

Lump rooms, Gents toilets, urinals, showers/changing rooms, bar/sitting area, internal finishes, cabinets, mirrors, drainages, doors/window/associated hardware, main housing /roofing /ceiling, lighting, power outlets, air ducting/vents, (See drawings/SOW)

13 Septic tank and soak pit:

Provide materials, labor, equipment and undertake construction of sewer system complete with septic tanks, soak pits, inspection manholes, waste pipe connection, (See drawings)

Lump

Sum

14 Cold and hot water provisions:

The vendor shall install cold and hot water as required in the cabanas in the washrooms and the bar as per the drawings provided. This shall include potable water point at the bar and all bathrooms that complies with the OBO standards as per attached parameters

Lump

Sum

15 Cabana water heaters Provide materials, labor, equipment and undertake cabana water heaters installation to temperature between 40 deg C to 60Deg C. The water heater shall be powered using 240 V/50H single phase. The water heater shall be fitted with all safety features including but not limited to : 6bars pressure relief valve, pressure tested insulated vessel (

100 lit), BMST 7 thermostatic switch, over load protected starter (cooker unit), high temperate( 200 deg’ C) and high pressure ( 15bars) rated pipes, secondary flood control tray, relief vent

Lump

Sum

16 Pool and cabanas testing and commissioning:

Allow for testing and commissioning of the entire system including swimming pool, pumping station, toilets system, lighting. The pool shall be handed full of water at the appropriate chemical condition (heated to 28 Dec C, Free Chlorine at 4 ppm, Lump

PH at 7-8, clear water, Algae free.

Allow for provision of the following requirements based upon OSHA standard CFR 1910.151.c: Start up chemicals, materials, buoy, shepherd hooks, pool surface scrubbing brushes

Total Kshs. Price (including all labor, materials, overhead and profit)

A.1 VALUE ADDED TAX

VALUE ADDED TAX (VAT). The Government will not reimburse the Contractor for VAT under this contract. The Contractor shall not include a line for VAT on Invoices as the U.S.

Embassy has a tax exemption certificate with the host government.

B. SCOPE OF WORK

SCOPE OF WORK DESCRIPTIONS

i. Mobilization/Demobilization/Design interpretation:

The contractor shall safely secure the work area, provide all hounding, shoring, scaffolding, Protective gear and all associated materials to prepare safe working space. Upon completion of the project, allow for site demobilization, clean up, restoration of the landscape to blend with the existing ecosystem. Allow for architectural and engineering expert service dedicated to accurate interpretation of the client provided drawings and design concept to enhance effecting technical communication across the stakeholders. The vendor shall obtain all required permits from the relevant authorities for local and applicable international compliance. This shall include but not limited to National Construction Authority (NCA) permit, Nairobi City County (NCC) permit, National Environment Management Authority (NEMA) permit.

The construction zone must be fenced for access control to a height of 9 feet, made of double twist chain link fence and 60% visibility screen mounted on concreted class B Round Hollow

Section (RHS) tube. Upon completion of the construction work, the vendor shall remove the construction fence and make good the site.

Upon completion, the contractor shall engage the services of a professional landscape design company for planning and implementation, characteristic of setting.

ii. Excavation, Leveling and Cart away:

The vendor shall prepare site, provide labor, required equipment and undertake ground excavation work on the marked-out space for the purpose of preparing pool and cabana construction. This shall be done in a systematic manner in with all factors put into considerations including but not limited to: Engineering design, Underground features, weather, project schedule, site operations convenience. Internal roads serving the residential location must be kept free from dirt during. The topography shall be modified to ensure that the correct pool depth is achieved while at the same time placing the cabana foundation at the appropriate height.

Engulfment hazard management plan must be drafted, submitted, approved and implemented as required.

iii. Swimming Pool Construction:

The vendor shall provide materials, labor, equipment and undertake construction of the swimming pool putting into consideration the attached drawings. This includes reinforced concrete pool shell with all waterproofing treatments, tiling as per client’s tiles selection, decking, drainage channels, drain sump. Pool walls must comply with the Chapter 22 of ACI

318-14. General pool design must comply with International Swimming Pool and Spa Code

(ISPSC) Chapter 8: Permanent Inground Residential Swimming Pools (See attached), ISPSC

Chapter 2 (Structural integrity)

All dimension as per the attached pool plan and elevations drawing.

NOTE: The swimming pool shall not be a diving pool.

iv. Pool features and finishes:

The vendor shall provide materials, labor, equipment and undertake installation of all swimming pool features, as per detail drawings. This shall include but not limited to: Pool coping, skimmers, depth markings, water jets, pool ladders (s/steel), stair handrail, pool lights, gratings, drain ports, inspection manholes, stairs.

Pool Deck

• ADA accessible path from main driveway to swimming pool deck to be matching pavers over geotextile stabilized base inside a metal landscape edge

• Area should be around 120 SQM with a thickened slab edge installed as a Monolithic pour (in lieu of concrete masonry unit (CMU) stem wall.

• Perimeter fence to be 48 inches in height, made of decorative metal with two pedestrian gates, self-closing, self-locking at 54 inches of height, see attached SHEM guidelines.

• Provide line item allowance for landscaping around entire perimeter of Pool Deck, assuming pool deck is 10cm above adjacent grade at closest point

• Provide line item allowance for exterior lighting of pool deck,

• Hose bibs; provide 2 total; one on the exterior of the Cabana facing pool, and one near the shallow end of the pool; these should accommodate a normal garden hose for cleaning the deck as well as furniture.

Finishes:

• There shall be one aluminum handrail incorporated into the ladder at the deep end of the pool and two aluminum handrails incorporated into the steps at the shallow end; Include 10 underwater lights on a sun sensor/timer.

• Underwater lights: Provide a total of 10 underwater lights; 4 at the pool steps, 2 at the ladder, 2 at the long sides of the deep end, and 2 at the long sides of the shallow end.

• Provide a band of tiles 0.5m wide around the entire top of the pool (along the vertical wall) and a top stone (no mineral content) coping on the deck immediately adjacent to the pool which is

.5m wide and encompasses its entire perimeter.

• Shallow end to be 5M at 90cm depth, grading/sloping down over 5M to a depth of 2.0M deep end.

v. Pool Circulation Equipment/Plumbing:

The vendor shall provide materials, labor, equipment and undertake construction of all plumbing and pump room, as per detail drawings. This shall include but not limited to: Supply and return lines in schedule 80 PVC, skimmers connection in schedule 80 PVC, sand filter housing complete with control valve and sand media, pumps as per the specifications, power connections, power panels and control panels. The water circulation, filtration systems shall be installed in accordance with International Swimming Pool and Spa Code (ISPSC) Chapter 8 Permanent

Inground Residential Swimming Pools, Chapter 8 and Chapter 2 respectively.

vi. Pool heating:

The vendor shall provide materials, labor, equipment and undertake pool heater installation with the capacity to heat and maintain the pool water (200 cubic meters) to temperature between 23 deg C to 28Deg C, sized to Nairobi ambient conditions (consider temperature profile for the entire year). The pool heater shall be powered using 415V/50hz three phase. Provide thermal blanket for heat conservation.

vii. Swimming Pool Fencing and other Children safety features

Provide materials and labor to install a fence around the pool complete with all safety features as described in appendix 12. The child safety fence separating the pool deck from the cabana shall be 1.25m high as per the provided illustration (Appendix 12 c), complete with pedestrian gate and hardware (2) designed to SHEM specifications.

viii. Pool pump room and plumbing:

The vendor shall provide materials, labor, equipment and undertake construction of all plumbing and pump room, putting into to consideration the provided drawings. This shall include but not limited to: Supply and return lines in schedule 80 PVC, skimmers connection in schedule 80

PVC, sand filter housing complete with control valve and sand media, pumps as per the specifications, power connections, power panels and control panels.

ix. Pool cabanas Construction:

The vendor shall provide materials, labor, equipment and undertake construction of the pool cabanas, putting into consideration the provided drawings:

This shall include but not limited to:

Ladies toilets, showers/changing rooms, Gents toilets, urinals, showers/changing rooms, bar/sitting area, internal finishes, cabinets, mirrors, drainages, doors/window/associated hardware, main housing /roofing /ceiling, lighting, power outlets, air ducting/vents.

x. Septic tank and soak pit:

The vendor shall provide materials, labor, equipment and undertake construction of sewer system complete with septic tanks, soak pits, inspection manholes, waste pipe connection.

xi. Faucets and Fixture /Fittings

Provide plumbed eyewash station based upon OSHA standard CFR 1910.151.c.

Provide hot and cold water in the toilet and shower rooms as per the provided drawings

Provide potable /drinking water points at the at ladies’ washroom, Dish washer, Gents washrooms, bar. The treatment of the water must comply with the attached OBO water standards.

xii. Pool and cabanas testing and commissioning:

The vendor shall allow for testing and commissioning of the entire system including swimming pool, pumping station, toilets system, lighting. The pool shall be handed full of water at the appropriate chemical condition (heated to 28 Dec C, Free Chlorine at 4 ppm, PH at 7-8, clear water, Algae free.

xiii. Swimming Pool testing and commissioning:

The vendor shall allow for testing and commissioning of the entire system including swimming pool, pumping station, lighting. The pool shall be delivered at full capacity at the appropriate chemical condition (heated to 28 Deg C, Free Chlorine at 2 ppm, PH at 7-8, clear water, Algae free.

APPLICABLE STANDARDS

1. Local Building codes: the local government (adoptive by-laws), (Building) order 1968

2. Local Safety regulations: OSHA 2007 (safety compliance)

3. Nairobi City County by laws (operational compliance)

4. NEMA by-laws (in safe disposal of waste)

5. US safety regulations: US Army corps of Engineers

6. DOSAR 652.236-70 (attached)

7. International Swimming Pool and Spa Code (ISPSC)

8. Other applicable regulations: See clauses in section H below.

9. American Disabled Association (ADA) code

SPECIAL REQUIREMENTS

• Access onto the premises will be at the discretion of the Regional Security Office and therefore approval must be obtained at least 24hours before date entry.

• Work must be done under escort of the appropriate clearance level as applicable in the space concerned.

• Work schedule must be done in such a way to minimize interruptions, having least impact upon the residence. The schedule and construction logistics must be discussed and approved through the COR. Interruptions to construction must be expected due to representational functions.

• Vendor has the responsibility to obtain all relevant approvals and permits from respective regulatory bodies including but not limited to: National Construction Authority (NCA), National

Environmental Authority (NEMA).

• The contractor warrants all construction shall be free of workmanship defects for one year, starting at final turn-over. All equipment warranties pertaining to manufacturing defects shall be honored by the contractor for the period specified by the manufacturer.

All Documentation regarding warranties, guarantees and instructional literature are to be handed to your COR.

C. PACKAGING AND MARKING

Mark materials delivered to the site as follows:

AMERICAN EMBASSY – R13013

D. INSPECTION AND ACCEPTANCE

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.

D.1 SUBSTANTIAL COMPLETION

(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.

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 will 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.

D.2 FINAL COMPLETION AND ACCEPTANCE

D.2.1 "Final completion and acceptance" means 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.

D.2.2 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.

D.2.3 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.

D.2.4 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:

• Satisfactory completion of all required tests,

• 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

• 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).

E. DELIVERIES OR PERFORMANCE

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

The Contractor shall be required to:

(a) commence on-site construction work under this contract within 07 (Seven) calendar days after the date the Contractor receives the “Construction Notice

To Proceed” (CNTP),

(b) prosecute the work diligently, and,

(c) complete the entire work ready for use not later than _60 days after the notice to proceed

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

The contractor shall be expected to submit work plan/Work break down, resource allocation (tools, labor, materials, equipment, etc.), time schedule (Gantt Chart), through the Contracting Officer

Representative (COR) within 07 calendar days

52.211-12 LIQUIDATED DAMAGES - CONSTRUCTION (SEPT 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 $500 for each calendar day of delay until the work is completed or accepted.

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

CONTRACTOR'S SUBMISSION OF CONSTRUCTION SCHEDULES

(a) The time for submission of the schedules referenced in FAR 52.236-15, "Schedules for Construction Contracts". The contractor shall provide a detailed schedule, working within the following period: Commencement by first week upon notice to proceed, and completion by 60th day after commencement. (Actual boundary date to be communicated at preconstruction meeting).

(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 deliverables 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 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.

(e) 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.

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 such notice promptly, 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.

NOTICE TO PROCEED

(a) After receiving and accepting any bonds or evidence of insurance, the Contracting

Officer will provide the Contractor a Notice to Proceed. The Contractor must then prosecute the work, commencing and completing performance not later than the time 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 any bonds or evidence of insurance. Issuance of a Notice to

Proceed by the Government before receipt of the required bonds or insurance certificates or policies shall not be a waiver of the requirement to furnish these documents.

WORKING HOURS

a) All work shall be performed during working days and hours as follows:

Monday through Friday: 8:00 AM to 5:00 PM, Saturday: 8:00 AM to 1:00 PM

Sunday and Holidays: No Work

Other hours, if requested by the Contractor, may be approved by the Contracting Officer's

Representative (COR). The Contractor shall give 24 hours in advance to COR who will consider any deviation from the hours identified above. Changes in work hours, initiated by the

Contractor, will not be a cause for a price increase.

(b) In addition to the recognized public holidays, the Department of State observes the following

American holidays, and/or any other day designated by Federal law, Executive Order or

Presidential Proclamation.

Following are the American and Kenyan Holidays to be observed by the U.S. Mission in Kenya during calendar year 2020:

Day/Date Holiday Remark

Wednesday, January 1 New Year’s Day American/Kenyan

Monday, January 20 Birthday of Martin Luther King, Jr. American

Monday, February 17 Washington’s Birthday American

Friday, April 10 Good Friday Kenyan

Monday, April 13 Easter Monday Kenyan

Friday, May 1 Labor Day Kenyan

Monday, May 25* Idd-al-Fitr* Kenyan

Monday, May 25 Memorial Day American

Monday, June 1 Madaraka Day Kenyan

Friday, July 3 (observed) Independence Day American

Friday, July 31** Idd-ul-Azha** Kenyan

Monday, September 7 Labor Day American

Saturday, October 10 Huduma Day Kenyan

Monday, October 12 Columbus Day American

Tuesday, October 20 Mashujaa Day Kenyan

Wednesday, November 11 Veterans Day American

Thursday, November 26 Thanksgiving Day American

Saturday, December 12 Jamuhuri Day Kenyan

Friday, December 25 Christmas Day American/Kenyan

Saturday, December 26 Utamaduni Day Kenyan

*Date yet to be confirmed, Idd-ul-Fitr will be observed as a public holiday subject to the sighting of the moon and as announced by the Chief Kadhi.

** Date to be confirmed when Idd-ul-Azha will be observed as a public holiday subject to the sighting of the moon and announced by the Government.

PRECONSTRUCTION CONFERENCE

A preconstruction conference will be held 2 days after contract award at US Embassy Nairobi

Kenya, UN Avenue, P.O Box 606, 00621 Nairobi, Kenya to discuss the schedule, submittals, notice to proceed, mobilization and other important issues that effect construction progress. See

FAR 52.236-26, Preconstruction Conference.

DELIVERABLES - The following items shall be delivered under this contract:

Description Quantity Deliver Date Deliver To

Section G. Securities/Insurance 1 2 days after award CO

Section E. Construction Schedule 1 2 days after award COR

Section E. Preconstruction Conference 1 2 days after award COR

Section G. Proof of key personnel competency or qualifications 1 10 days after award COR

Section F. Payment Request 1

Last calendar day of each month COR

Section D. Request for Substantial Completion 1

15 days before inspection COR

Section D. Request for Final Acceptance 1

5 days before inspection COR

F. ADMINISTRATIVE DATA

652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)

(a) The Contracting Officer may designate in writing one or more Government employees, by name or 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 Engineer in the Facility Management (FAC) office.

Payment: The Contractor's attention is directed to Section H, 52.232-5, "Payments Under Fixed-

Price Construction Contracts". The following elaborates on the information contained in that clause.

Requests for payment, may be made no more frequently than monthly. Payment requests shall cover the value of labor and materials completed and in place, including a prorated portion of overhead and profit.

After 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, which is then due. If the Contracting Officer does not approve payment of the full amount applied for, less the retainage allowed by in 52.232-5, the Contracting Officer shall advise the Contractor as to the reasons.

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.

Financial Management Officer

U. S Embassy Nairobi

P.O Box 606,00621 Nairobi Kenya

Or email to: NairobiFMCvendors@state.gov

The Contractor shall show Value Added Tax (VAT) as a separate item on invoices submitted for payment..

G. SPECIAL REQUIREMENTS

G.1.0 PERFORMANCE/PAYMENT PROTECTION - The Contractor shall furnish some form of payment protection as described in 52.228-13 in the amount of 50% of the contract price.

mailto:NairobiFMCvendors@state.gov

G.1.1 The Contractor shall provide the information required by the paragraph above within ten (10) calendar days after award. Failure to timely submit the required security may result in rescinding or termination of the contract by the Government. If the contract is terminated, the Contractor will be liable for those costs as described in FAR 52.249-10, Default

(Fixed-Price Construction), which is included in this purchase order.

G.1.2 The bonds or alternate performance security shall guarantee the Contractor's execution and completion of the work within the contract time. This security shall also guarantee the correction of any defects after completion, the payment of all wages and other amounts payable by the Contractor under its subcontracts or for labor and materials, and the satisfaction or removal of any liens or encumbrances placed on the work.

G.1.3 The required securities shall remain in effect in the full amount required until final acceptance of the project by the Government. Upon final acceptance, the penal sum of the performance security shall be reduced to 10% of the contract price. The security shall remain in effect for one year after the date of final completion and acceptance, and the Contractor shall pay any premium required for the entire period of coverage.

G.2.0 INSURANCE - The Contractor is required by FAR 52.228-5, "Insurance - Work on a Government Installation" 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:

G.2.1 GENERAL LIABILITY (includes premises/operations, collapse hazard, products, completed operations, contractual, independent contractors, broad form property damage, personal injury) : Upon issuance of the contract, the vendor shall provide policy cover copy to confirm that the elements in question are covered.

(1) BODILY INJURY, ON OR OFF THE SITE, IN U.S. DOLLARS

Per Occurrence USD 100,000

Cumulative Unlimited

(2) PROPERTY DAMAGE, ON OR OFF THE SITE, IN U.S. DOLLARS

Per Occurrence USD 200,000

Cumulative Unlimited

G.2.2 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.

G.2.3 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 and incident to the Contractor's performance of this contract. The Contractor shall hold harmless and indemnify the Government from any and all claims arising therefrom, except in the instance of gross negligence on the part of the

Government.

G.2.4 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.

G.2.5 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.

G.3.0 DOCUMENT DESCRIPTIONS

G.3.1 SUPPLEMENTAL DOCUMENTS: The Contracting Officer shall furnish from time to time such detailed drawings and other information as is considered necessary, in the opinion of the Contracting Officer, to interpret, clarify, supplement, or correct inconsistencies, errors or omissions in the Contract documents, or to describe minor changes in the work not involving an increase in the contract price or extension of the contract time. The Contractor shall comply with the requirements of the supplemental documents, and unless prompt objection is made by the Contractor within 20 days, their issuance shall not provide for any claim for an increase in the Contract price or an extension of contract time.

G.3.1.1. RECORD DOCUMENTS. The Contractor shall maintain at the project site:

(1) a current marked set of Contract drawings and specifications indicating all interpretations and clarification, contract modifications, change orders, or any other departure from the contract requirements approved by the

Contracting Officer; and,

(2) a complete set of record shop drawings, product data, samples and other submittals as approved by the Contracting Officer.

G.3.1.2 . "As-Built" Documents: After final completion of the work, but before final acceptance thereof, the Contractor shall provide:

(1) a complete set of "as-built" drawings, based upon the record set of drawings, marked to show the details of construction as actually accomplished; and,

(2) record shop drawings and other submittals, in the number and form as required by the specifications.

G.4.0 LAWS AND REGULATIONS - The Contractor shall, without additional expense to the Government, be responsible for complying with all laws, codes, ordinances, and regulations applicable to the performance of the work, including those of the host country, and with the lawful orders of any governmental authority having jurisdiction. Host country authorities may not enter the construction site without the permission of the Contracting Officer.

Unless otherwise directed by the Contracting Officer, the Contractor shall comply with the more stringent of the requirements of such laws, regulations and orders and of the contract. In the event of a conflict between the contract and such laws, regulations and orders, the Contractor shall promptly advise the Contracting Officer of the conflict and of the Contractor's proposed course of action for resolution by the Contracting Officer.

G.4.1 The Contractor shall comply with all local labor laws, regulations, customs and practices pertaining to labor, safety, and similar matters, to the extent that such compliance is not inconsistent with the requirements of this contract.

G.4.2 The Contractor shall give written assurance to the Contracting Officer that all subcontractors and others performing work on or for the project have obtained all requisite licenses and permits.

G.4.3 The Contractor shall submit proper documentation and evidence satisfactory to the Contracting Officer of compliance with this clause.

G.5.0 CONSTRUCTION PERSONNEL - The Contractor shall maintain discipline at the site and at all times take all reasonable precautions to prevent any unlawful, riotous, or disorderly conduct by or among those employed at the site. The Contractor shall ensure the preservation of peace and protection of persons and property in the neighborhood of the project against such action. The Contracting Officer may require, in writing that the Contractor remove from the work any employee that the Contracting Officer deems incompetent, careless, insubordinate or otherwise objectionable, or whose continued employment on the project is deemed by the Contracting Officer to be contrary to the Government's interests.

G.5.1 If the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately give notice, including all relevant information, to the Contracting Officer.

G.5.2 After award, the Contractor has ten calendar days to submit to the Contracting

Officer a list of workers and supervisors assigned to this project for the Government to conduct all necessary security checks. It is anticipated that security checks will take _2_ days to perform.

For each individual the list shall include:

Full Name

Place and Date of Birth

Current Address

Identification number

Failure to provide any of the above information may be considered grounds for rejection and/or resubmittal of the application. Once the Government has completed the security screening and approved the applicants a badge will be provided to the individual for access to the site. This badge may be revoked at any time due to the falsification of data, or misconduct on site.

G.5.3 The Contractor shall provide an English speaking supervisor on site at all times.

This position is considered as key personnel under this purchase order.

G.6.0 Materials and Equipment - All materials and equipment incorporated into the work shall be new and for the purpose intended, unless otherwise specified. All workmanship shall be of good quality and performed in a skillful manner that will withstand inspection by the

Contracting Officer.

G.7.0…