19KU2025Q0014 - Replace Heavy-duty Metal Doors at Support Annex.pdf
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- 19KU2025Q0014
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RFQ 19KU2025Q0014 - Replace Heavy-Duty Metal Doors at Support Annex
United States Embassy Kuwait GSO/Procurement Kuwait City May 20, 2025
To: Prospective Quoters
Subject: Request for Quotations number RFQ 19KU2025Q0014- Replace Heavy-Duty Metal Doors at Support Annex
Enclosed is a Request for Quotations (RFQ) To Replace Heavy-Duty Metal Doors at Support Annex: eight (8) Double Door Sets and one (1) Single Door Set.
If you would like to submit a quotation, follow all solicitation instructions, and complete the required portions of the attached document.
A site visit has been scheduled for June 2, 2025, at 09:00 AM Kuwait local time. For more information, please refer to page 49. Interested contractors are strongly encouraged to attend the scheduled site visit to inspect the premises prior to finalizing their proposals, including the Bill of Materials (BOM) and Bill of Quantities (BOQ). It is the contractor’s sole responsibility to thoroughly assess the site during this visit. Any inaccuracies, omissions, or cost discrepancies in the submitted proposal resulting from failure to inspect the site shall be the contractor’s full responsibility.
Any questions regarding the RFQ to be submitting electronically to Kuwait_Solicitation@state.gov no later than June 10, 2025, at 10:00 am. No questions will be accepted beyond this date.
Please enter the title of your email as “Questions – RFQ 19KU2025Q0014 - Replace Heavy-Duty Metal Doors at Support Annex.
Submit your quote electronically by email to Kuwait_Solicitation@state.gov. Quotations are due by June 25, 2025, at 10:00 am Kuwait local time. No quotes will be accepted after this time. Please enter the title of your email as “Quote – RFQ Replace Heavy-Duty Metal Doors at Support Annex.
The U.S. Government intends to award a contract/purchase order to the responsible company submitting a technically acceptable offer at the lowest price. We intend to award a contract 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.
mailto:Kuwait_Solicitation@state.gov
Note: You must have an active registration in SAM to be eligible for awards that exceeds the US$30,000 threshold. Therefore, 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 the time of proposal submission shall 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.
Notice: System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations, including 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation, and paragraph (t) of 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.
Agencies will not consider or use these representations. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.
For a quotation to be considered, you must also complete and submit the following:
1. SF-1442 (14 through 20c)
2. Section A, Price
3. Section L, Representations, certifications, and other statements of offerors or quoters
4. Additional information as required in this solicitation
5. Proof of SAM Registration
Sincerely, William Newborg Contracting Officer
TABLE OF CONTENTS
SF-1442 COVER SHEET
A. PRICING
B. STATEMENT OF WORK
C. PACKAGING AND MARKING
D. INSPECTION AND ACCEPTANCE
E. DELIVERIES OR PERFORMANCE
F. CONTRACT ADMINISTRATION DATA
G. SPECIAL TERMS AND CONDITIONS
H. CLAUSES
I. LIST OF ATTACHMENT
ATTACHMENTS:
ATTACHMENT A: STATEMENT OF WORK (SOW), SPECIFICATIONS, DRAWINGS AND PHOTOS
ATTACHMENT B: THE CONTRACTOR’S GENERAL RESPONSIBILITIES FOR EMBASSY MANAGED
CONSTRUCTION PROJECTS
ATTACHMENT C: DEFINITIONS
ATTACHMENT D: CRANE RENTAL SERVICE/OPERATING PROCEDURES
J. INSTRUCTION ON HOW TO SUBMIT A QUOTATION
K. EVALUATION CRITERIA
L. REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR
QUOTERS
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
19KU2025Q0014
2. TYPE OF SOLICITATION
SEALED BID (IFB) INVITATION FOR
BID
NEGOTIATED (RFP) REQUEST FOR
PROPOSAL
3. DATE ISSUED
May 20, 2025
PAGE OF PAGES
IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
5. REQUISITION/PURCHASE REQUEST NO.
PR15350705
6. PROJECT NO.
7. ISSUED BY CODE 19KU20 8. ADDRESS OFFER TO
American Embassy Kuwait General Services Office Procurement Office.
Only electronic submission to Kuwait_Solicitation@state.gov
9. FOR INFORMATION
CALL:
A. NAME
Mohamad Zalzale
B. TELEPHONE NO (Include area code) (NO COLLECT CALLS)
+965-2259-1253
SOLICITATION
NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”
10. THE GOVERNMENT REQUIRES THE PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):
Replace Heavy-Duty Metal Doors at Support Annex: eight (8) Double Door Sets and one (1) Single Door Set.
11. The Contractor shall begin performance as outlined in the schedule – refer to scope of work award, notice to proceed. This performance period is 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
N/A
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Submit your quote electronically by email to Kuwait_Solicitation@state.gov by 10:00 am local time, June 25, 2025.
B. An offer guarantee is, is not required. [check Clause G. 1 to 1.3 – Special requirements]
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 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 12/2022)
Computer Generated Prescribed by GSA
FAR (48 CFR) 53.236-1(d) computer Generated STANDARD FORM 1442 BACK
(REV 12/2022)
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. 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.
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 NO.
DATE
20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER
(Type or print)
20B. SIGNATURE
20C. OFFER DATE
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT
23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )
26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issue office.) The contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for 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 contracts 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)
30B. SIGNATURE
30C. DATE
31B. UNITED STATES OF AMERICA
BY
31C. AWARD DATE
SECTION A - PRICE
REQUEST FOR QUOTATION 19KU2025Q0014- CONSTRUCTION
US Embassy Kuwait has a requirement for qualified firms to Replace Heavy-Duty Metal Doors at Support Annex: eight (8) Double Door Sets and one (1) Single Door Set. Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the performance of the work and cost of contract, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.
The Contractor shall complete all work, including furnishing all labor, materials, insurances, 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, all insurances, overhead, and profit.
Total contract price (including all labor, material, insurance, overhead and profit) KWD: ………………
A.1 Defense Base Act (DBA) Insurance:
The Offeror should include the Defense Base Act (DBA) insurance premium costs covering employees. The offeror may obtain DBA insurance directly from any Department of Labor approved providers at the DOL website at http://www.dol.gov/owcp/dlhwc/lscarrier.htm
The Contractor shall provide workers’ compensation insurance in accordance with FAR 52.228-3 to employees assigned to this contract who are either United States citizens or direct hire. Total cost of DBA should be part of the Firm-Fixed-Price.
A.2 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.
http://www.dol.gov/owcp/dlhwc/lscarrier.htm
SECTION B - STATEMENT OF WORK
Refer to attachment A for complete details of the SOW, specifications, drawing and photos.
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.
SECTION C - PACKAGING AND MARKING
This page was left blank intentionally
SECTION 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 three (3) 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).
SECTION E- DELIVERIES OR PERFORMANCE
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK
(APR 1984)
The Contractor shall be required to:
(a) Commence work under this contract within three calendar days or as agreed by the COR after the contractor receives the Notice to Proceed (NTP) or as agreed by the
COR,
(b) Prosecute the work diligently, and,
(c) Complete the entire work, ready for use no later than 45 calendar days after NTP.
Contractor is required to furnish proof of any cause for delay and must request an extension of the completion date in writing through the Contracting Officer.
The time stated for completion shall include final cleanup of the premises.
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 KWD 110 (US$ 360.0) 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", paragraph (a), is hereby modified to reflect the due date for submission as 3 calendar 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 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 delivery 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 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 three (3) days after the first event giving rise to the delay or prospective delay. Only the Contracting Officer may revise 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
All work shall be performed during regular office hours, 08:00am to 16:00pm, Sunday through Thursday, except for Kuwait and U.S holidays. 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.
Per local Government policies, no one shall be working under direct sun after 11:00am hours when the outside temperature hits 50° C or above.
SUMMER OUTSIDE WORKING POLICY:
As per Kuwait’s local labor law, one cannot work outside from June 1st to the end of August during the hours of 1100-1600. When the outside temperature exceeds 48°C (118°F), which is most likely to occur during the summer season (June to August), work in non-air-air-air-airconditioned spaces or outdoors must be strictly monitored and should be limited to short periods of 30 minutes or less.
Immediately following working in these conditions, workers are required to spend at least 30 minutes in an air-conditioned space and rehydrate with water before continuing to work.
All contracts or projects involving work outdoors or in non-air-air-air-airconditioned spaces during the summer months when the outside temperature may exceed 48°C (118°F) must include a Heat Remediation Plan. This plan must include working hour limits, heat mitigation efforts, and a medical reaction plan in the event of a heat-related medical emergency. The Post Occupational Safety and Health Officer (POSHO) must approve all Heat Remediation Plans, and an approved signed copy of the project's Heat Remediation Plan must be kept at the work site.
Contractors are instructed to brief their employees and/or contract workers to ensure full compliance with this policy.
DELIVERABLES - The following items shall be delivered under this contract:
Description Quantity Deliver Date Deliver To
Section G. Insurance 1 3 days after the award and/or NTP CO
Section E. Construction Schedule 1 3 days after the award and/or NTP COR
Section G. Contractor’s crew individual identification information for background checks.
List of all mechanical, electrical, rigging, sheet metal, and all other subcontractors with evidence of subcontractor's insurance coverage
1 3 calendar days after award COR
Section F. Payment Request 1 End of project COR
Section D. Request for Final Acceptance 1 3 days before inspection COR
SECTION F - CONTRACT ADMINISTRATION 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 designer shall be identified as a Contracting Officer’s Representative (COR). Such designations shall specify the scope and limitations of the authority so delegated; provided that the designer 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.
The COR for this contract is the Facilities Maintenance Supervisor.
(b) COR Duties: 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, inspection, 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. In no instance is COR 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
The Contractor's attention is directed at 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.
1. Invoices submission & payment terms instructions to vendors:
2. Embassy payment terms are 30 days NET CREDIT. Payment is due within 30 days after the receipt of a proper invoice (as defined by 5CFR 1315.9-b) and all services were received and accepted by the Government.
3. Embassy does not make any ADVANCE payments.
4. Proper invoice to include PR, Contract number, clear description of items/services ordered as per Government purchase order and/or contract. (All the details should be in English language).
5. Banking information to include Account name, Bank name, branch and address, Account number, IBAN number, swift code to be mentioned either on the invoice and/or to be provided separately.
6. Invoice is required to be sent electronically to the Embassy Finance Office email:
KuwaitDBO@state.gov to process for payment.
7. Payment inquiries: For better tracking and response time on payment inquiries, all payment related inquiries to be forwarded directly to KuwaitFMCInquiry@state.gov mailto:KuwaitDBO@state.gov mailto:KuwaitFMCInquiry@state.gov
SECTION G - SPECIAL TERMS AND CONDITIONS
G.1.0 RESERVED
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):
(1) BODILY INJURY, ON OR OFF THE SITE, IN U.S. DOLLARS
Per Occurrence US$ 10,000 Cumulative US$ 10,000
(2) PROPERTY DAMAGE, ON OR OFF THE SITE, IN U.S.
DOLLARS
Per Occurrence US$ 30,000 Cumulative US$ 30,000
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 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 damage 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 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.2.6 Defense Base Act (DBA) Insurance. The Contractor shall provide workers’ compensation insurance in accordance with FAR 52.228-3 to employees assigned to this contract who are either United States citizens or direct hire. Total cost of DBA should be part of the Firm- Fixed-Price.
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.4.4 All personnel working under this contract must be legally sponsored by the contractor or subcontractor prior to the award of the contract. Therefore, interested offerors are required to submit in their proposal a list of workers and supervisors assigned to this project with proof they are under the direct sponsorship of the contractor and/or subcontractor. Proposals received without this proof could be deemed as technically not acceptable and therefore, not eligible for the award even if their price is the lowest.
G.4.5 Subcontractor qualifications to include but not limited to:
a. Evidence that the subcontractor has established business with a permanent address and telephone listing
b. Evidence that the subcontractor has obtained all licenses, DBA insurance, certification and permits required by local law to operate in the State of Kuwait. If subcontractor already possesses the locally required licenses and permits, a copy shall be provided in the English language.
c. Evidence is that all workers involved in this project are under the direct legal sponsorship of the subcontractor. A copy of civil ids that indicate the legal name of the sponsor must be provided.
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 3 calendar days to submit to the Contracting
Officer representative (COR) 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 might take up to 21 days to perform. For each individual the list shall include:
Full Name Nationality Copy of Civil ID
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 always provide an English-speaking supervisor on site. 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. Data sheet/specifications of all supplied material must be provided to the COR to approve.
G.7.0 SPECIAL WARRANTIES
G.7.1 The Contractor shall provide comprehensive warranties for all work, materials, and equipment furnished and installed under this contract. All warranties shall commence from the date of final inspection approval issued by authorized U.S. Government personnel.
Warranty Periods:
Provide 3-year warranty on all materials and workmanship. The contractor shall provide services or/and repair and replacement to the satisfaction of the government. The warranty starts the day after final inspection approval from the authorized government personnel.
The contractor shall be responsible for resolution on any defect/ failure of the contract during the warranty period. The contractor shall provide services or/and repair and replacement to the satisfaction of the government. The warranty starts the day after final inspection approval from the authorized government personnel.
G.7.2 Any special warranties that may be required under the contract shall be subject to the stipulations set forth in 52.246-21, "Warranty of Construction", as long as they are not in conflict.
G.7.3 The Contractor shall obtain and furnish to the Government all information required to make any subcontractor's, manufacturer's, or supplier's guarantee or warranty legally binding and effective. The Contractor shall submit both the information and the guarantee or warranty to the Government in sufficient time to permit the Government to meet any time limit specified in the guarantee or warranty, but not later than completion and acceptance of all work under this contract.
G.8.0 EQUITABLE ADJUSTMENTS
Any circumstance for which the contract provides an equitable adjustment that causes a change within the meaning of paragraph (a) of the "Changes" clause shall be treated as a change under that clause; provided, that the Contractor gives the Contracting Officer prompt written notice (within 10 days) stating:
(a) the date, circumstances, and applicable contract clause authorizing an equitable adjustment and
(b) that the Contractor regards the event as a changed condition for which an equitable adjustment is allowed under the contract
The Contractor shall provide written notice of a differing site condition within 10 calendar days of occurrence following FAR 52.236-2, Differing Site Conditions.
G.9.0 ZONING APPROVALS AND PERMITS
The Government shall be responsible for:
- Obtaining proper zoning or other land use control approval for the project
- Obtaining approval of the Contracting Drawings and Specifications
- Paying fees due for the foregoing; and,
- For obtaining and paying for the initial building permits.
SECTION H - CLAUSES
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. In addition, the full text of a clause may be accessed electronically at: Acquisition.gov this address is subject to change.
If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use the Department of State Acquisition website at e-CFR to see the links to the FAR. You may also use an Internet “search engine” (for example, Google, Yahoo or Excite) to obtain the latest location of the most current FAR.
THE FOLLOWING FEDERAL ACQUISITION REGULATION (FAR) CLAUSES ARE INCORPORATED
BY REFERENCE.
CLAUSE TITLE AND DATE
52.202-1 DEFINITIONS (JUN 2020)
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023)
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN
2011)
52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT
AWARDS
(JUN 2020)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND
CERTIFICATIONS (DEC 2014)
52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)
52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING
WITH CONTRACTORS DEBARRED, SUSPENDED OR PROPOSED FOR
DEBARMENT (JAN 2025)
52.216-7 ALLOWABLE COST AND PAYMENT (AUG 2018)
52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)
52.222-19 CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES (JAN
2025)
52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)
52.225-5 TRADE AGREEMENTS (NOV 2023)
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021)
52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF
CONTRACT
(FEB 2000)
52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE
DRIVING (MAY 2024)
52.228-3 WORKERS’ COMPENSATION INSURANCE (Defense Base Act). (JULY 2014)
52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)
52.228-11 INDIVIDUAL SURETY – PLEDGE OF ASSETS. (FEB 2021)
https://acquisition.gov/browse/index/far https://gov.ecfr.io/cgi-bin/text-idx?SID=d9a7851186785ba2b1896db79b1b6b29&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl
CLAUSE TITLE AND DATE
52.228-13 ALTERNATIVE PAYMENT PROTECTION (JUL 2000)
52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)
52.228-15 PERFORMANCE AND PAYMENT BONDS-CONSTRUCTION (JUN 2020)
52.229-6 TAXES - FOREIGN FIXED-PRICE CONTRACTS (FEB 2013)
52.229-7 TAXES- FIXED PRICE CONTRACTS WITH FOREIGN GOVERNMENTS (FEB
2013)
52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)
52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)
52.232-11 EXTRAS (APR 1984)
52.232-18 AVAILABILITY OF FUNDS (APR 1984)
52.232-22 LIMITATION OF FUNDS (APR 1984)
52.232-25 PROMPT PAYMENT (JAN 2017)
52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)
52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD
MANAGEMENT
(OCT 2018)
52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER – OTHER THAN SYSTEM FOR
AWARD MANAGEMENT (JULY 2013)
52.233-1 DISPUTES (MAY 2014) ALTERNATE I (DEC 1991)
52.233-3 PROTEST AFTER AWARD (AUG 1996)
52.236-2 DIFFERING SITE CONDITIONS (APR 1984)
52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)
52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)
52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)
52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)
52.236-8 OTHER CONTRACTS (APR 1984)
52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,
UTILITIES, AND IMPROVEMENTS (APR 1984)
52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)
52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)
52.236-12 CLEANING UP (APR 1984)
52.236-13 ACCIDENT PREVENTION (NOV 1991)
52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)
52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)
52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)
52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)
52.242-14 SUSPENSION OF WORK (APR 1984)
52.243-1 CHANGES – FIXED-PRICE (AUG 1987)
52.243-4 CHANGES (JUN 2007)
52.243-5 CHANGES AND CHANGED CONDITIONS (APR 1984)
52.245-2 GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES (APR 2012)
52.245-9 USE AND CHARGES (APR 2012)
52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)
CLAUSE TITLE AND DATE
52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN 2003)
52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)
52.246-26 REPORTING NONCONFORMING ITEMS (AUG 2024)
52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE)
(APR 2012) Alternate I (Apr 2012)
52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)
52.249-14 EXCUSABLE DELAYS (APR 1984)
FAR CLAUSES INCORPORATED IN FULL TEXT
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN
TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES
OR EQUIPMENT (NOV 2021).
(a) Definitions. As used in this clause—
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered foreign country means The People’s Republic of China.
Covered telecommunications equipment or services means–
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means–
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
Interconnection arrangements mean arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered https://www.acquisition.gov/far/part-4#FAR_4_2104 telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a federal contract.
(c) Exceptions. This clause does not prohibit contractors from providing—
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause
(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known);
brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended.
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