19LU5025Q0003-Luxembourg CMR - Replacement of Cast Iron Pipe .pdf

U.S. Embassy Luxembourg

Date: February 21, 2025

Dear Prospective Offeror:

Subject: Request for Quotes 19LU5025Q0003- Replacement of Cast Iron Pipe

Enclosed is a Request for Quotes (RFQ) for replacement of cast iron pipes. 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, and submit it to the address shown on the Standard Form that follows this letter.

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

Quotations are due by 17:00 hours on March 14, 2025. No quotations will be accepted after this time.

Quotations must be in English and incomplete quotations will not be accepted.

Your quotation must be submitted electronically to luxembourggsoprocurement@state.gov. It is important to make sure the submission is made in specific size and format; in MS-Word 2007/2010 or

MS-Excel 2007/2010 or Adobe Acrobat (pdf) file format. The file size must not exceed 30MB. If the file size should exceed the 30MB, the submission must be made in separate files and attached to separate emails with less than 30MB each.

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

1. SF-1449

2. Section A, Pricing

3. Section L Representations and Certifications

4. Additional information as required in Section J

5. Proof of SAM Registration

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

Sincerely, Collin Neal

Contracting Officer

Enclosure:

mailto:luxembourggsoprocurement@state.gov https://www.sam.gov/

TABLE OF CONTENTS

SF-1449 COVER SHEET

A. PRICING

B. STATEMENT OF WORK

C. PACKAGING AND MARKING

D. INSPECTION AND ACCEPTANCE

E. DELIVERIES AND PERFORMANCE

F. CONTRACT ADMINISTRATION DATA

G. SPECIAL TERMS AND CONDITIONS

H. CLAUSES

I. LIST OF ATTACHMENTS

Attachment 1: Sample Bank Letter of Guaranty

Attachment 2: Breakdown of Price by Divisions of Specifications

Attachment 3: Approximate location of pipe on Ground Floor picture

Attachment 4: Ground Floor picture

Attachment 5: First Floor Office picture - Approximate location of pipe

Attachment 6: First Floor Bathroom picture - Adjacent to pipe

Attachment 7: Second Floor Bedroom picture - Approximate location of pipe

Attachment 8: Second Floor Bathroom picture - Adjacent to pipe

J. INSTRUCTIONS ON HOW TO SUBMIT A QUOTATION

K. EVALUATION CRITERIA

L. REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

PR15184140

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

19LU5025Q0003

6. SOLICITATION ISSUE DATE

February 21, 2025

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Olivier Herdzik

(LuxembourgGSOProcurement@state.gov)

b. TELEPHONE NUMBER(No collect calls)

+352 460 123 72

8. OFFER DUE DATE/ LOCAL TIME

March 14, 2025/17:00h CET

9. ISSUED BY CODE 19LU50 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE:____ % FOR:

U.S. EMBASSY LUXEMBOURG SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

22, BVD EMMANUEL SERVAIS

L2535 LUXEMBOURG

HUBZONE SMALL

BUSINESS

(WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM NAICS:

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

EDWOSB

8 (A) SIZE STANDARD:

11. DELIVERY FOR FOB DESTINAT-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

U.S. EMBASSY LUXEMBOURG

22, BVD EMMANUEL SERVAIS

L2535 LUXEMBOURG

ATTN: GSO LUXEMBOURG

U.S. EMBASSY LUXEMBOURG

22, BVD EMMANUEL SERVAIS

L2535 LUXEMBOURG

ATTN: GSO/PROCUREMENT

17a. CONTRACTOR/

OFFERER

TELEPHONE NO.

CODE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY

U.S. EMBASSY LUXEMBOURG

22, BVD EMMANUEL SERVAIS

L2535 LUXEMBOURG

ATTN: FMO

CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE LINE ITEMS

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

EUR/USD

27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN __ONE__ COPIES TO ISSUING

OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REF. _________________ OFFER DATED ____________. YOUR OFFER

ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print)

30c. DATE SIGNED

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

Collin R Neal

31c. DATE SIGNED

Feb 21, 2024

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 02/2012)

PREVIOUS EDITION IS NOT USABLE Computer Generated Prescribed by GSA - FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _______________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

PARTIAL FINAL

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NO.

39. S/R VOUCHER NO. 40. PAID BY

41.a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41C. DATE

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS

SECTION A - PRICING

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.

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

A.1 VALUE ADDED TAX

VALUE ADDED TAX (VAT). The Contractor shall include VAT as a separate charge on the

Invoice and as a separate line item in Section B.

SECTION B - STATEMENT OF WORK

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.

U.S. EMBASSY LUXEMBOURG

REPLACEMENT OF CAST IRON PIPE.

TABLE OF CONTENTS

1.0 Project Introduction

2.0 General Requirements

3.0 Specific requirements

4.0 General Condition

5.0 Safety Requirements

6.0 Statement of Work

7.0 Contractor Quality Plan

8.0 Project Completion Schedule

9.0 Responsibilities and Project Management

10.0 Project Inspection and Acceptance

11.0 Construction Cost Breakdown

1.0 PROJECT INTRODUCTION

This Statement of Work is for replacement of cast iron pipe in the Chief of Mission

Residence. See section 6.0 for more detailed Statement of Work.

U.S. Embassy Luxembourg request services to execute this work, including but not limited to labor, materials, tools, equipment, logistics, and construction.

2.0 GENERAL REQUIREMENTS

2.1 Site Visit

Visit the site and inspect as required to verify existing conditions to validate project scope, and to provide a construction quote for all required work herein.

2.2 Project Requirements

This project requires the Contractor to provide a site assessment and survey services, project management, as-built services, logistic and material procurement services, construction, transportation, equipment, cost quote and scheduling services, and general support services for this project as required.

Work shall be completed in accordance with the statement of work, conceptual drawings, and schedule timelines provided by the Contractor and approved by the Contracting Officer

Representative (COR). The existing location shall not be occupied during the execution of this work.

3.0 SPECIFIC REQUIREMENTS:

3.1 Project improvement work shall conform to the requirements of the US and local building standards.

3.2 The Contractor shall have a minimum of five (5) years proven experience in the evaluation, repairing, removing, and replacement of cast iron pipes.

3.3 The Contractor is responsible for compliance with all specifications shown within this document and to local standards. Work not in compliance with this specification will be deemed to be unacceptable.

3.4 Should there be any discrepancies between any of the items noted above, the more stringent standards will govern.

3.5 The Contractor is responsible to comply with all Building Codes standards that apply.

3.6 The Contractor shall conduct a site risk assessment and mitigation plan and provide assessment plan to the POSHO/Facilities Management Office for review and approval.

4.0 GENERAL CONDITIONS

4.1 Fixed-Price Proposal. The Supplier shall provide one fixed-priced proposal for the project.

4.2 Execution. The Work shall be executed in a diligent and safe manner in accordance with the negotiated fixed price, Statement of Work (SOW), Project Schedule, and all Codes that apply.

4.3 Contractor qualifications - The contractor will have at least 5 years of experience completing similar construction projects. The contractor will have all of the required certifications under local regulations to carry out the work described in this SOW.

4.4 Insurance – The contractor will have all of the Insurance required under local regulations for damages to person, equipment and buildings.

4.5 Modification to contract. The Contractor shall not incur any costs beyond those described in this SOW unless directed otherwise in writing by the Contracting Officer. Any work performed by the Contractor beyond this SOW without written direction from the

Contracting Officer will be at the Contractor’s own risk and at no additional cost to the

Embassy.

4.6 Work Hours. Unless otherwise agreed with the COR, all Work shall be executed during normal Embassy working hours.

4.7 Workforce. The Contractor shall provide all proficient supervision, skilled and unskilled labor needed to perform the work.

4.8 Construction Cost Breakdown. The Contractor shall provide a quote for labor and materials.

The Government provided “Construction Cost Breakdown” in paragraph 11.0 is for bid comparison only, and the Contractor is responsible to field measure and to quantify the required materials and tasks to complete the job.

4.9 Housekeeping. The Contractor is solely responsible to clean up daily after working hours, and at the end of the project, and ensure the site is free and clear of any construction trash or debris.

5.0 SAFETY REQUIREMENTS

5.1 The Contractor shall be responsible for conducting the work in a manner that ensures the safety of its employees or authorized stakeholders visiting the area during routine project appraisal.

5.2 The Embassy Post Occupational, Safety, Health Officer (POSHO)/ Facilities Management and the COR reserves the right to inspect the project site at any time and stop all work not cited in the SOW, and any identified non-compliant with the safety regulations.

5.3 The Contractor shall follow EM 385 1-1 US Army Corps of Engineers Safety and Health

Requirements Manual as part the safety plan, to include the Contractors internal

Environmental Safety Health Plan.

5.4 The Contractor shall provide all personnel safety equipment required to perform the work specified in this statement of work. All work shall be conducted in a safe manner and shall comply with all OSHA and NFPA requirements. The Contractor shall demonstrate proactive and innovative safety practices on a continual basis throughout the contract period. The Government shall regularly evaluate the Contractor’s effective Safety and

Health conduct in terms of number of occurrences and severity of mishaps.

5.5 All Contractor personnel performing services under this contract shall possess a working and demonstrated knowledge and understanding of commercial/industrial building construction.

5.6 Electrical extension cords may be used on a temporary basis to provide tools and equipment.

Do not overload extension cords. Frayed or spliced extension cords are prohibited.

5.7 Damages - The Contractor shall submit to the CO and COR a full report and assessment of damage to Government property, equipment, or the on-site environment caused by

Contractor employees. All damage and assessment reports shall be submitted to the CO and

COR within 24 hours of the occurrence. The Contractor shall report to the COR within one

(1) hour, all mishaps or damages found or caused by the Contractor.

5.8 Safety Communications

5.7.1 The Contractor shall perform safety meeting on daily basis with site workers.

5.7.2 The Government shall not be responsible for any injury to any Contractor personnel for any reason while on the compound.

5.7.3 The Contractor shall notify the DOS GSO and FM Offices of all injuries while working on the compound. The Contractor shall provide a (Report Injury Form) in

(Microsoft Word) detailing the events that caused the injury or illness, and near misses.

5.7.4 The Contractor shall comply with all safety post guidelines and shall never deviate from them.

5.7.5 The Contractor shall notify the COR and DOS FM Office immediately of all incidents which involve harm or the threat of harm, to the life, health, and safety of any person during the execution of this project. The initial notification shall be verbal, followed up by a written incident report within 4 hours to DOS.

5.7.6 Contractor shall maintain all incident reports, as well as provide the DOS FM

Office with a copy if asked.

5.7.7 Foot Protection.

Safety boots of either steel or composite toes are to be always worn while on the grounds of any DOS project. The footwear must have a minimum rating of 75 pounds impact and 75 pounds of compression. Workers should wear work shoes or boots with slip-resistant and puncture-resistant soles. There is zero tolerance for failure to adhere to this requirement.

At no time should Contractor employees be in sneakers or sandals while on the project.

There is a zero tolerance for failure to adhere to this requirement.

Welders are required to wear welding boots. There is zero tolerance for failure to adhere to this requirement.

5.7.8 Hand Protection.

Gloves shall fit snugly.

Workers shall wear the correct gloves for the job (examples: heavy-duty rubber gloves for concrete work; welding gloves for welding; insulated gloves and sleeves when exposed to electrical hazards). Everyone must have the correct size gloves as well.

5.7.9 Head Protection.

A Class 1 G Rated hard hat is the minimal hard hat rating acceptable to use on a DOS project.

Hard hats that have any of the following: dents, cracks, signs of deterioration or which have received a heavy blow or electrical shock are to be replaced.

Hard hats should be visible in color and should have the name of Contractor company identification visible by logo.

5.7.10 Hearing Protection.

Ear plugs should have a minimal rating of 29 dB and be readily available. Ear plugs are to be used when the dB level is above 85 and the employee is exposed.

Earmuffs can be used in place of earplugs if desired. Earmuffs must be rated to provide

33dB protection.

In environment where dB ratings exceed 100 both ear plugs and earmuffs are to be worn. This is a zero-tolerance policy.

6.0 STATEMENT OF WORK:

6.1 General Requirements

6.1.1 The Contractor is responsible to remove and dispose of all trash and debris from the construction site through the Contractors local vendor transportation resources.

6.1.2 The Contractor is responsible for securing the work site during normal working and non-working hours for the safety of personnel from entering the construction site.

6.1.3 Contractor shall be responsible for full replacement of damaged properties, buildings, equipment, or infrastructure at no additional cost to the Government.

6.2 Replacement of cast iron pipe

The cast iron drainage pipes in the CMR appear to have been originally installed in 1920. The pipes have signs of significant deterioration and cracks which have been patched over in multiple areas. The internal volume of the pipe has been reduced by an estimated 50% due to a buildup of rust. One main section of pipe, approximately 15-20m in height, running from the basement to the attic of the residence will need to be replaced. The subject pipes serve two bathrooms and the replacement of the pipes will require the selective demolition of walls, wooden molding, and tiles (see attachments 3 through 8 for existing finishes). The main run of the pipe should be accessible on the first and second floors from the office and bedroom directly above the pipe on the ground floor, all connection should be accessible from these areas (see attachments 6 and 8 for existing finishes).

In the event that demolition is required in the bathrooms the following will be required –

Works on the first floor will require the removal of tiles, and an existing shower installation.

The work on the second floor will require the removal of tiles and an existing bath installation. In both bathrooms the existing fittings and fixtures will be retained and reinstalled.

The Contractor will need to minimize damage to walls, ceilings, and floor finishes to retain as much as possible the historical character of the residence. The Contractor will need to install temporary protective measures to protect all surfaces not affected by the work of this scope.

Temporary protections shall not be affixed in a manner that causes damage to existing finishes. All localized demolition is required to be repaired in a manner and with materials that match the existing and adjacent surfaces following the pipe replacement. Any replacement materials will be agreed with the COR/Facility Manager before installation.

The final product of the works is to have:

A) Fully functional pipe without any leaks, siphonage, odors or any other issues that would require any additional modifications or works.

B) All bathroom installation reinstalled and functional.

C) All demolished areas repaired in kind and made good to the satisfaction of the owner with materials agreed upon by the COR/Facility Manager before work commences.

6.3 Timeline:

Project Start Date: Date of award

Project Completion Date: 45 days after award

6.4 Milestones:

Assessment and Planning: 7 days after award

Demolition: 15 days after award

Pipe Replacement: 25 days after award

Bedroom/Bathroom Renovation: 30 days after award

Final Inspection and Finishing: 45 days after award

6.5 Evaluation

A survey of the pipes has completed to identify the extent of the damage and to determine the quantity of pipe that needs to be replaced and if possible, change only part of the pipe and not the full run on each side.

An existing video survey from January 2022 can be shared with the Contractor to show the extent of the damage to the existing pipes. Additionally, a conditions assessment and material investigation were completed for specific spaces within the residence and should be referenced for the development of repair materials and methodologies for historic finishes

7.0 CONTRACTOR QUALITY PLAN

7.1 The Contractor will present their Quality Control Plan or procedure as a part of the proposal to demonstrate internal quality control within their organization, methodology, and surveillance to assure SOW requirements are met and quality service provided.

8.0 PROJECT INSPECTION AND ACCEPTANCE

8.1 The Contractor is obligated to maintain a system of quality control to meet the requirements of this project. The Contractor shall supply needed technical documentation, drawings, technical specifications, and relevant certificate of the quality control for the materials that will be installed during the works. All materials must meet specifications described in this SOW and deliver required materials on the site.

8.2 The Government and COR reserve the right to inspect the Contractor’s work and provide guidance the Contractor for better alternatives for quality control and quality assurance (QC/QA).

8.3 At completion of work, the Contractor shall clean all impacted areas to the original condition.

8.4 The Contractor shall notify the COR in writing 48hrs. in advance to schedule a project walk through for punch review and final acceptance for project once punch items have been corrected.

END of STATEMENT OF WORK

SECTION C - PACKAGING AND MARKING

Mark materials delivered to the site as follows:

For U.S. EMBASSY LUXEMBOURG

22, BVD EMMANUEL SERVAIS - L2535 LUXEMBOURG

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 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).

SECTION E - DELIVERIES AND 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 ten (ten) calendar days after the date the

Contractor receives the notice to proceed,

(b) prosecute the work diligently, and,

(c) complete the entire work ready for use not later than 45 (forty five) days after NTP.

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 $250 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 "7 (seven) 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 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 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 7:30 to 17:30 Monday to Friday. 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.

PRECONSTRUCTION CONFERENCE

A preconstruction conference will be held 7 days after contract award at U.S. Embassy

Luxembourg 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 7 days after award CO

Section E. Construction Schedule 1 7 days after award COR

Section E. Preconstruction Conference 1 7 days after award COR

Section G. Personnel Biographies 1 7 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

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 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 Facility Manager.

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.

22, BVD EMMANUEL SERVAIS - L2535 LUXEMBOURG

ATTN: FMO

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

SECTION G - SPECIAL TERMS AND CONDITIONS

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.

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):

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

Per Occurrence $10,000

Cumulative $50,000

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

Per Occurrence $10,000

Cumulative $50,000

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 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 15 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 SPECIAL WARRANTIES

G.7.1 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.7.2 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 20 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 the 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 CLAUSE(S) IS/ARE

INCORPORATED BY REFERENCE (48 CFR CH. 1):

CLAUSE TITLE AND DATE

52.202-1 DEFINITIONS (JUN 2020)

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 (NOV 2021)

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

(NOV 2023)

https://acquisition.gov/browse/index/far https://gov.ecfr.io/cgi-bin/text-idx?SID=d9a7851186785ba2b1896db79b1b6b29&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl

52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING

WHILE DRIVING (JUN 2020)

52.228-4 WORKERS’ COMPENSATION AND WAR-HAZARD INSURANCE

OVERSEAS (APR 1984)

52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.228-11 PLEDGES OF ASSETS (FEB 2021)

52.228-13 ALTERNATIVE PAYMENT PROTECTION (JULY 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)

52.243-4 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)

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 (NOV 2021)

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-

PRICE) (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…