19MX5324Q0019 ADA Restroom Restoration.pdf

RFQ No. 19MX5324Q0019– ADA Restroom Restoration

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SECTION A – COVER PAGE - SF-1442

RFQ 19MX5324Q0019– ADA Restroom Restoration

Site Visit – February 26, 2024, 10:00 hrs.

Questions deadline – February 27, 2024, 13:00 hrs.

Proposal’s deadline – March 1, 2024, 13:00hrs.

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SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 CONTRACT PRICE

The Contractor shall remodel, improve upon, and bring into ADA compliance the Men's Restroom (cabinets, fixtures, drywall, floor and wall tile, toilet, urinal, sinks, countertops, light fixtures, electrical outlets, exhaust fans, cubicle partitions) at a U.S. Embassy property in Mexico City. Contractor’s price stated herein include all personnel, administration, management, transportation, labor, materials, regular equipment, safety equipment, insurance, overhead, profit, and any other cost required to provide the services as per description and specifications in Attachment 3 – Statement of Work.

*Note to Offeror: Please enter the Currency next to the total amount.

$ Total Price in [Insert Currency]

$ 16% Value Added Tax (if applicable)

$ Grand Total Price in [Insert Currency]

B.2 VALUE ADDED TAX (VAT)

B.2.1 AMERICAN OFFERORS

American offerors shall not include Value Added Tax (VAT) in their proposals since the U.S. Government is tax exempt.

B.2.2 LOCAL OFFERORS

Local offerors shall include Value Added Tax (VAT) as a separate amount in their price stated in section A.1, Invoices and any Attachment with breakdown of prices included in this contract.

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B.3 PAYMENT CURRENCY

B.3.1 OFFERS AND PAYMENT IN U.S. DOLLARS.

U.S. firms are eligible to be paid in U.S. dollars. U.S. firms desiring to be paid in U.S.

dollars should submit their offer in U.S. dollars. A U.S. firm is defined as a company which operates as a corporation incorporated under the laws of a state within the United States. Local companies are eligible to be paid in U.S. dollars provided that such company has a bank account in U.S. dollars at a Mexican Bank.

B.3.2 OFFERS AND PAYMENT IN PESOS.

Any firm that is not a U.S. firm is a foreign firm. Any firm that does not meet the definition of a U.S. firm shall submit its prices and receive payment in local currency.

B.4 TYPE OF CONTRACT

This is a firm, fixed- price contract payable entirely in the currency stated in Section B.1 and the SF-1442. No additional sums will be payable for any escalation in the cost of materials, equipment, or labor, or because of the Contractor's failure to properly estimate or accurately predict the cost or difficulty of achieving the results required. The Government will not adjust the contract price due to fluctuations in currency exchange rates. The Government will only make changes in the contract price or time to complete due to changes made by the Government in the work to be performed, or by delays caused by the Government.

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

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SECTION C – DESCRIPTION/SPECIFICATIONS

STATEMENT OF WORK

C.1.1 CHARACTER AND SCOPE OF WORK

The Contractor shall remodel, improve upon and bring into ADA compliance a restroom (cabinets, fixtures, drywall, floor and wall tile, toilet, urinal, sinks, countertops, light fixtures, electrical outlets, exhaust fans, cubicle partitions) located in a government-owned property in Mexico City. The Contractor shall furnish and install all materials required by this contract as set forth in the drawings, specifications and statement of work in Section J, Attachments.

C.1.2 DRAWINGS

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.

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SECTION D – PACKAGING AND MARKING

D.1 MATERIALS DELIVERY

All materials shall be delivered by the Contractor to the site on the dates and times stated by the Contracting Officer Representative (COR).

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SECTION E – INSPECTION AND ACCEPTANCE

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. 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

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG

2020)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

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

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

52.246-26 REPORTING NONFORMING ITEMS (NOV 2021)

E.2 QUALITY ASSURANCE

The Contractor shall institute an appropriate inspection system set forth in a Quality Assurance Plan. The plan shall include checklists of duties to be carried out, ensuring these duties are carried out by the supervisory staff and senior employees, and carrying out weekly inspections to determine whether the various services are being performed according to the contract. The Contractor shall provide copies of the weekly inspection reports to the Contracting Officer Representative (COR).

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

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

E.2.1 WEEKLY REPORT

The Contractor shall submit to the COR a weekly progress report, summing up observations resulting from the inspections, progress, difficulties or irregularities encountered, resolution of problems, measures taken to improve conditions, recommendations, and other matters related to this contract.

E.2.2 INSPECTION BY GOVERNMENT

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

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

E.3 SUBSTANTIAL COMPLETION

E.3.1 DEFINITIONS

(a) "Substantial Completion" means the stage in the progress of the work as determined and certified by the Contracting Officer in writing to the Contractor, on which the work (or a portion designated by the Government) is sufficiently complete and satisfactory. Substantial completion means that the property may be occupied or used for the purpose for which it is intended, and only minor items such as touch-up, adjustments, and minor replacements or installations remain to be completed or corrected which:

1. Do not interfere with the intended occupancy or utilization of the work, and

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2. Can be completed or corrected within the time period required for final completion.

(b) The "date of substantial completion" means the date determined by the Contracting Officer or authorized Government representative as of which substantial completion of the work has been achieved.

E.3.2 USE AND POSSESSION UPON SUBSTANTIAL COMPLETION

The Government shall have the right to take possession of and use the work upon substantial completion. Upon notice by the Contractor that the work is substantially complete (a Request for Substantial Completion) and an inspection by the Contracting Officer or an authorized Government representative (including any required tests), the Contracting Officer shall furnish the Contractor a Certificate of Substantial Completion. The certificate shall be accompanied by a Schedule of Defects listing items of work remaining to be performed, completed or corrected before final completion and acceptance. Failure of the Contracting Officer to list any item of work shall not relieve the Contractor of responsibility for complying with the terms of the contract. The Government's possession or use upon substantial completion shall not be deemed an acceptance of any work under the contract.

E.4 FINAL COMPLETION AND ACCEPTANCE

E.4.1 DEFINITIONS

(a) "Final completion and acceptance" 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.

(b) The "date of final completion and acceptance" means the date determined by the Contracting Officer when final completion of the work has been achieved, as indicated by written notice to the Contractor.

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E.4.2 FINAL INSPECTION AND TESTS

The Contractor shall give the Contracting Officer at least five (5) days advance written notice of the date when the work will be fully completed and ready for final inspection and tests. Final inspection and tests will be started not later than the date specified in the notice unless the Contracting Officer determines that the work is not ready for final inspection and so informs the Contractor.

E.4.3 FINAL ACCEPTANCE

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

(a) satisfactory completion of all required tests,

(b) a final inspection that all items by the Contracting Officer listed in the Schedule of Defects have been completed or corrected and that the work is finally complete (subject to the discovery of defects after final completion), and

(c) submittal by the Contractor of all documents and other items required upon completion of the work, including a final request for payment (Request for Final Acceptance).

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SECTION F – DELIVERIES OR PERFORMANCE

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. 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 CLAUSES ARE

INCORPORATED BY REFERENCE (48 CFR CH. 1):

CLAUSE TITLE AND DATE

52.242-14 SUSPENSION OF WORK (APR 1984)

F.2 52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION OF

WORK (APR 1984)

The Contractor shall be required to:

(a) commence work under this contract within five (5) 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 within forty-five (45) consecutive workdays after the Notice to Proceed is issued. The time stated for completion shall include final cleanup of the premises and completion of “punch list” items.

Once the contractor believes work to be substantially completed, the contractor requests a formal inspection by the COR. The COR then develops a “punch list” of items that the contractor must complete or https://gov.ecfr.io/cgi-bin/text-idx?SID=d9a7851186785ba2b1896db79b1b6b29&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl

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repair as part of the contract prior to the Contracting Officer’s written determination of substantial completion.

F.3 LIQUIDATED DAMAGES

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

(a) If the Contractor fails to complete the work within the time specified in the contract, or any extension, the Contractor shall pay liquidated damages to the Government in the amount of $100.00 U.S.

Dollars) for each day of delay until the work is completed or accepted.

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

F.3.2 ASSESSMENT AND APPORTIONMENT OF LIQUIDATED DAMAGES

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

F.4 CONTRACTOR'S SUBMISSION OF CONSTRUCTION SCHEDULES

(a) The time for submission of the schedules referenced in Section I, 52.236-15, "Schedules for Construction Contracts", paragraph (a), is hereby modified to reflect the due date for submission as "two (2) 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

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submit a schedule which sequences work so as to minimize disruption at the job site.

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

F.5 ACCEPTANCE OF SCHEDULE

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

For this specific project the schedule is very tight. Therefore, the contractor shall closely work with the COR in case of any schedule changes are required. The COR and the Project Manager shall have at least one (1) weekly meeting to check progress. More meetings might be required if necessary.

F.6 NOTICE OF DELAY

If the Contractor receives a notice of any change in the work, or if any other conditions arise which are likely to cause or are actually causing delays which the Contractor believes may result in late completion of the project, the Contractor shall notify the Contracting Officer. The Contractor’s notice shall state the effect, if any, of such change or other conditions upon the approved schedule, and shall state in what respects, if any, the relevant schedule or the completion date should be revised. The Contractor shall give this notice not more than one (1) business day after the first event-giving rise to the delay or prospective delay. Only the Contracting Officer may make revisions to the approved time schedule.

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F.7 NOTICE TO PROCEED

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

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

F.8 WORKING HOURS

All work shall be performed during normal working hours from 09:00 to 16:30, Monday through Friday. The need to work on a Saturday, Sunday, or holiday may arise. Other hours, if requested by the Contractor, may be approved by the Contracting Officer's Representative (COR). The Contractor shall give 24 hours advance notice to the 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.

F.8.1 HOLIDAYS

The following are the U.S. and Mexican Holidays observed by the U.S. Embassy Mexico City. The observance of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract.

F.8.1.1 U. S. Holidays:

• New Year's Day (January 1st) **

• Martin Luther King's Birthday (3rd Monday in January)

• Presidents Day (3rd Monday in February)

• Memorial Day (last Monday in May)

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• Independence Day (4th of July) **

• Labor Day (1st Monday in September)

• Columbus Day (2nd Monday in October)

• Veterans Day (November 11) **

• Thanksgiving Day (4th Thursday in November)

• Christmas Day (December 25) **

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

** When any such day falls on a Saturday, the preceding Friday is observed; when any such day falls on a Sunday, the following Monday is observed.

F.8.1.2 Mexican Holidays

• Anniversary of Mexican Constitution (1st Monday in February)

• Benito Juarez's Birthday (3rd Monday in March)

• Holy Thursday (varies)

• Good Friday (varies)

• Mexican Labor Day (May 1)

• Anniversary of the Battle of Puebla (May 5)

• Mother’s Day (May 10)

• Mexican Independence Day (September 16)

• All Soul's Day (November 2)

• Anniversary of Mexican Revolution (3rd Monday in November)

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F.8.1.3 Overtime

If the Contractor's personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized pursuant to an overtime clause elsewhere in this contract.

F.9 EXCUSABLE DELAYS

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

1) Acts of God or of the public enemy,

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

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

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

5) Fires,

6) Floods,

7) Epidemics,

8) Quarantine restrictions,

9) Strikes,

10) Freight embargoes,

11) Delays in delivery of Government furnished equipment, and

12) Unusually severe weather.

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

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

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

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

F.10 PRE-CONSTRUCTION CONFERENCE

A pre-construction conference will be held ten (10) calendar days after contract award at Paseo de la Reforma No. 305, Colonia Cuauhtemoc, Alcaldia Cuauhtemoc, Ciudad de Mexico, C.P. 06500 to discuss the schedule, submittals, notice to proceed, mobilization and other important issues that affect construction progress.

See Section H, FAR 52.236-26, Pre-Construction Conference.

F.11 DELIVERABLES

The following items shall be delivered under this contract:

Description Quantity Delivery Date Deliver To:

E.2. Quality Assurance Plan 1 With Proposal and updated as required CO / COR

E.2.1. Weekly Progress Report 1

On a weekly basis as per agreement with the COR

COR

E.2.2. Inspection Reports 1 On a weekly basis as per agreement with the COR

COR

E.3.2. Request for Substantial Completion 1 5 days before inspection COR

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

F.10. Pre-Construction Conference 1 10 days after award CO / COR

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Description Quantity Delivery Date Deliver To:

F.4 (c) Updates to Construction Schedule 1

On a weekly basis as per agreement with the COR

COR

F.4 Construction Schedule 1 2 days after award COR

F.6. Notice of Delay 1 1 business day after event CO

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

COR

G.3.2. Payment Request 1 Upon Inspection and Acceptance

COR/FMC

Vendor Portal

H.1.2. Bonds/Insurance 1 10 days after award CO

H.11.1. Safety Plan (Attachment 7) 1 With Proposal and updated as required CO / COR

H.13.2. Biographic Data on Personnel 1 2 days after award COR

H.14.1.2 Submittal Register 1 2 days after award COR

H.17.2. Differing Site Condition 1 1 business day after occurrence CO

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

H.4.4. As-built Drawings and Warranties 1

After final completion but before final acceptance

COR

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SECTION G – CONTRACT ADMINISTRATION DATA

G.1 AUTHORITY OF CONTRACTING OFFICER

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

G.2 MONITORING OF THE CONTRACTOR

G.2.1 652.242-70 Contracting Officer's Representative (COR) (Aug1999)

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

(b) The COR for this contract is the Alejandrina Falcon - Residential Project Manager/Inspector

G.2.2 DUTIES

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

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G.3 PAYMENT

G.3.1 GENERAL

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

G.3.2 DETAIL OF PAYMENT REQUESTS

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

The Contractor's attention is directed to Section H, FAR 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. The Quantity Survey included in Attachment 5 will serve as a basis to calculate the prorated portion to be paid.

G.3.3 EVALUATION BY THE CONTRACTING OFFICER

After receipt of the Contractor's request for payment, and based on an inspection of the work, the Contracting Officer shall decide 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 FAR 52.232-5, the Contracting Officer shall advise the Contractor as to the reasons.

G.3.4 INVOICING

The Accounts Payable section of the U.S. Embassy has a paperless Voucher processing system known as ILMS VENDOR PORTAL. Please follow the guidelines stated in Attachment 9, to submit a payment request through the VENDOR PORTAL. Paper or emailed invoices are no longer accepted.

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A. 1. U.S. FMC

Billing Instructions.d

A. 2. U.S. Vendor Training.pptx

A. 3. U.S.

Multifactor Authent

Please include the following documents with:

(a) Original PDF electronic invoice (no scanned copies).

(b) Banking form information (for new vendors, completed and signed).

(c) COR’s Name

F.3.4.1 Invoice Requirements

To constitute a proper invoice, the invoice shall include all the items required by FAR 32.905, as well as the following minimum requirements:

(a) Electronic Invoice;

(b) Contractor’s name and complete legal address;

(c) Contractor’s Tax ID (RFC) and SAM Unique Entity ID

(d) Date issued;

(e) Issue Invoice as follows:

Embajada de los Estados Unidos de America Paseo de la Reforma No. 305, Colonia Cuauhtémoc, Mexico, D. F., C.P. 06500;

RFC: EEU 930201 289

(f) Period of performance being charged;

(g) Contract number / Task Order Number;

(h) A summary of each services provided as stated in the Task Order. It should include the cost breakdown of each line item.

(i) IVA broken down (if applicable);

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(j) Amounts shall be in numbers and spelled out;

(k) Prompt payment discount, if any.

If an invoice does not contain the above information, the United States Government reserves the right to reject the invoice as improper and return it to the Contractor within seven (7) calendars days. The Contractor must then submit a proper invoice.

G.3.5 Value Added Tax (VAT-IVA)

The Contractor shall identify Value Added Tax (VAT) as a separate line item in their Invoices.

G.4 PAYMENT DUE PERIOD

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

G.5 PAYMENTS TO SUBCONTRACTORS

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

G.6 ADDITIONAL WITHHOLDING

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

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

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

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

(d) Any other amounts for which the Contractor may be held liable under this contract, including but not limited to the actual or

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prospective costs of correction of defective work and prospective liquidated damage when the Contractor has failed to make adequate progress.

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

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SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 BOND/IRREVOCABLE LETTERS OF CREDIT REQUIREMENTS

H.1.1 BONDS/IRREVOCABLE LETTERS OF CREDIT REQUIRED

The Contractor shall furnish (1) a performance and guaranty bond and a payment bond on forms provided by and from sureties acceptable to the Government, each in the amount of 20% of the contract price, or (2) comparable alternate performance security (irrevocable letter of credit) approved by the Government such as letter of credit/guaranty shown in Section J.

H.1.2 TIME FOR SUBMISSION

The Contractor shall provide the bonds or alternate security as required by the paragraph H.1.1 above within ten (10) days after contract award. Failure to submit

(1) the required bonds or other security acceptable to the Government in a timely manner; (2) bonds from an acceptable surety; or (3) bonds in the required amount, 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).

H.1.3 COVERAGE

The bonds or alternate performance security shall guarantee the Contractor's execution and completion of the work within the contract time and the correction of any defects after completion as required by this contract, 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

H.1.4 DURATION OF COVERAGE

The required performance and payment 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 only shall be reduced to 10% of the contract price. The performance 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. The requirement for payment security terminates at final acceptance.

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H.1.5 52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

The Contractor shall promptly furnish additional security required to protect the Government and persons supplying labor or materials under this contract if --

(a) Any surety upon any bond, or issuing financial institution for other security, furnished with this contract becomes unacceptable to the Government.

(b) Any surety fails to furnish reports on its financial condition as required by the Government; or

(c) The contract price is increased so that the penal sum of any bond becomes inadequate in the opinion of the Contracting Officer; or

(d) An irrevocable letter of credit (ILC) used as security will expire before the end of the period of required security. If the Contractor does not furnish an acceptable extension or replacement ILC, or other acceptable substitute, at least 30 days before an ILC’s scheduled expiration, the Contracting Officer has the right to immediately draw on the ILC.

H.2 INSURANCE

H.2.1 AMOUNT OF INSURANCE

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

H.2.2 General Liability

It 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 $ 5,000.00 U. S. Dollars Cumulative $ 50,000.00 U. S. Dollars

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

Per Occurrence $ 5,000.00 U. S. Dollars Cumulative $ 50,000.00 U. S. Dollars

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

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

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

H.2.3 GOVERNMENT AS ADDITIONAL INSURED

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

H.2.4 INSURANCE-RELATED DISPUTES

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

H.2.5 TIME FOR SUBMISSION OF EVIDENCE OF INSURANCE

The Contractor shall provide evidence of the insurance required under this contract within ten (10) days after contract award. Failure to timely submit this evidence, in

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a form acceptable to the Contracting Officer, may result in rescinding or termination of the contract by the Government.

H.3 DEFINITIONS

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

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

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

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

(d) “Material” means all materials, fixtures and other articles incorporated in, or which are intended to remain with, the project.

(e) “Notice to Proceed” means a written notice to the Contractor from the Contracting Officer authorizing the Contractor to proceed with the work under the contract as of a date set forth in the Notice.

(f) “Other Submittals” includes progress schedules, shop drawings, testing and inspection reports, and other information required by the contract to be submitted by the Contractor for information or approval by the Government.

(g) “Project Data” includes standard drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the Contractor to explain in detail specific portions of the work required by the contract.

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(h) “Samples” are physical examples which illustrate materials, equipment or workmanship and establish standards by which the work will be judged.

(i) “Schedule of Defects” means the list of items, prepared in connection with substantial completion of the work or early occupancy or utilization of a portion thereof, which the Contracting Officer has designated as remaining to be performed, completed or corrected before the work will be accepted by the Government.

(j) “Separate Contractor” means a contractor, other than the Contractor or any of its subcontractors, to whom the Government has awarded a contract for construction of a portion of the project.

(k) “Work” means any and all permanent construction which is intended to be incorporated into the finished project and required to be performed or otherwise provided by the Contractor under this contract, unless otherwise indicated by the context.

H.4 OWNERSHIP AND USE OF DOCUMENTS

H.4.1 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND MODELS

H.4.1.1 Ownership

All specifications, drawings, and copies thereof, and models, are the property of the Government.

H.4.1.2 Use and return

The Contractor shall not use or allow others to use the documents described in (a) above on other work. The Contractor shall return or account for the signed contractor set and additional copies provided to or made by the Contractor upon final completion of the work.

H.4.2 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

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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 the Contractor makes objection within 20 days, their issuance shall not provide for any claim for an increase in the Contract price or an extension of contract time.

H.4.3 RECORD DOCUMENTS

The Contractor shall maintain at the project site:

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

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

H.4.4 "AS-BUILT" DOCUMENTS

After final completion of the work, but before final acceptance, the Contractor shall provide:

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

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

H.5 GOVERNING LAW

The laws of the United States shall govern the contract and its interpretation.

H.6 LANGUAGE PROFICIENCY

The manager assigned by the contractor to superintend the work on-site, as required by Section I, 52.236-6, "Superintendence by the Contractor", shall be fluent in written and spoken English.

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H.7 LAWS AND REGULATIONS

H.7.1 COMPLIANCE REQUIRED

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.

H.7.2 LABOR, HEALTH AND SAFETY LAWS AND CUSTOMS

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.

H.7.3 SUBCONTRACTORS

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.

H.7.4 EVIDENCE OF COMPLIANCE

The Contractor shall submit proper documentation and evidence satisfactory to the Contracting Officer demonstrating compliance with this clause when directed by the Contracting Officer.

H.8 RESPONSIBILITY OF CONTRACTOR

H.8.1 DAMAGE TO PERSONS OR PROPERTY

The Contractor shall be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence and shall take proper safety

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and health precautions to protect the work, the workers, the public, and the property of others.

H.8.2 RESPONSIBILITY FOR WORK PERFORMED

The Contractor shall be responsible for all materials delivered and work performed until final completion and acceptance of the entire work, except for any completed unit of work which may have been accepted in writing under the contract.

H.9 CONSTRUCTION OPERATIONS

H.9.1 OPERATIONS AND STORAGE AREAS

H.9.1.1 CONFINEMENT TO AUTHORIZED AREAS.

The Contractor shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the Contracting Officer.

H.9.1.2 VEHICULAR ACCESS.

The Contractor shall, and in accordance with any regulations prescribed by the Contracting Officer, use only established site entrances and roadways.

H.9.2 USE OF PREMISES

H.9.2.1 Occupied Premises

If the premises are occupied, the Contractor, its subcontractors, and their employees shall comply with the regulations promulgated by the Government governing access to, operation of, and conduct while in or on the premises and shall perform the work required under this contract in such a manner as not to unreasonably interrupt or interfere with the conduct of Government business.

H.9.2.2 Requests from occupants

The Contractor shall refer any request from occupants of existing buildings to change the sequence of work to the Contracting Officer for determination.

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H.9.2.3 Access limited

The Contractor, its subcontractors and their employees shall not have access to or be admitted into any building or portion of the site outside the areas designated in this contract except with the permission of the Contracting Officer.

H.10 TEMPORARY FACILITIES AND SERVICES

The Contractor may erect temporary buildings (such as, storage sheds, shops, offices) and utilities only with the approval of the Contracting Officer. The cost of these temporary buildings is included in the contract fixed price. The temporary buildings and utilities shall remain the property of the Contractor and shall be removed by the Contractor at its expense upon completion of the work. With the written consent of the Contracting Officer, the buildings and utilities may be abandoned and need not be removed.

H.11 SAFETY

The contractor must follow and meet U.S. and local construction codes and procedures as well as OSHA Safety Standards & OSHA Regulations, which are available at www.osha.gov.

The contractor must also meet the applicable technical criteria codes for the most recent codes including:

I. International Building Code, II. International Fire Code (IFC), III. International Mechanical Code (IMC), IV. National Electrical Code (NEC) and

V. All other applicable Local Codes. Code books are available online, in bookstores and/or in libraries.

H.11.1 SAFETY PLAN

The contractor’s Project Manager or Project Supervisor shall keep on site the Safety Plan approved by the Post Occupational Safety and Health Officer (POSHO) which was submitted as part of the contractor’s proposal. Any deviation from the http://www.osha.gov/

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requirements stated in the Safety Plan can result in a termination for cause of this contract.

H.12 SUBCONTRACTORS AND SUPPLIERS

H.12.1 CLAIMS AND ENCUMBRANCES

The Contractor shall satisfy as due all lawful claims of any persons or entities employed by the Contractor, including subcontractors, material men and laborers, for all labor performed and materials furnished under this contract, including the applicable warranty or correction period, unless the Government shall be directly liable by contract. The Contractor shall not at any time permit any lien, attachment, or other encumbrance to be entered against or to remain on the building(s), or the premises, whether public or private, or any portion thereof, as a result of nonperformance of any part of this contract.

H.12.2 APPROVAL OF SUBCONTRACTORS

H.12.2.1 Review and Approval

The Government reserves the right to review proposed subcontractors for a period of five (5) days before providing notice of approval or rejection of any or all subcontractors.

H.12.2.2 Rejection of Subcontractors

The Government reserves the right to reject any or all subcontractors proposed if their participation in the project, as determined by the Contracting Officer, may cause damage to the national security interests of the United States. The Contractor agrees to promptly replace any subcontractor rejected by the Government under this clause.

H.13 CONSTRUCTION PERSONNEL

H.13.1 REMOVAL OF 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 at the site. The Contractor shall ensure the preservation of peace and protection of persons and property in the neighborhood of the project. The

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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.

H.13.2 CONSTRUCTION PERSONNEL SECURITY

After award of the contract, the Contractor shall have two (2) days to submit to the Contracting Officer a list of workers and supervisors assigned to this project (Biographic Data on Personnel) for the Government to conduct all necessary security checks. It is anticipated that security checks will take at least two weeks 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 re-submittal of the application. Once the Government has completed the security screening and approved the applicants, the Government will provide a badge to the individual for access to the site. The Government may revoke this badge at any time due to the falsification of data, or misconduct on site.

H.14 MATERIALS AND EQUIPMENT

H.14.1 SELECTION AND APPROVAL OF MATERIALS

H.14.1.1 Standard to Quality

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.

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H.14.1.2 Selection by Contractor

Where the contract permits the Contractor to select products, materials or equipment to be incorporated in the work, or where specific approval is otherwise required by the contract, the Contractor shall furnish a Submittal Register to the Contracting Officer, for approval. The Submittal Register shall include the names of the manufacturer, model number, and source of procurement of each such product, material or equipment, together with other pertinent information concerning the nature, appearance, dimensions, performance, capacity, and rating.

To ensure a timely review the Contractor shall provide a submittal register two days after contract award showing when shop drawings, samples, or submittals shall be made. When directed to do so, the Contractor shall submit samples for approval at the Contractor's expense, with all shipping charges prepaid. Installation or use of any products, materials or equipment without the required approval shall be at the risk of subsequent rejection.

H.14.2 CUSTODY OF MATERIALS

The Contractor shall be responsible for the custody of all materials received for incorporation into the project, including Government furnished materials, upon delivery to the Contractor or to any person for whom it is responsible, including subcontractors. The Contractor shall deliver all such items to the site as soon as practicable. If required by the Contracting Officer, the Contractor shall clearly mark in a manner directed by the Contracting Officer all items of which the Contractor has custody, but which have not been delivered or secured at the site, clearly indicating the use of such items for the U.S. Government project.

H.14.3 BASIS OF CONTRACT PRICE

The contract price is based on the use of the materials, products and equipment specified in the contract, except for substitutions or "Or-Equal" items proposed by the Contractor which have been specifically approved by the Government at the time of execution of the contract. Any substitution approved by the Government after execution of the contract shall be subject to an appropriate adjustment of the contract price.

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H.14.4 SUBSTITUTIONS

H.14.4.1 Prior Approval Required

The Contractor must…