19PL9024Q0020_Solicitation document_final.doc

RFQ 19PL9024Q0020, Annual Routine Maintenance of Air Conditioning Systems

Subject: Request for Quotes No. 19PL9024Q0020-Maintenance Services to Residential Air Condition Units (Split Systems) Issued Date: September 9, 2024

Closing Date: September 23, 2024 Enclosed is a Request for Quotes (RFQ) for annual routine maintenance of Air Conditioning systems in approximately 500 inside and 450 outside units in Offices and Residential Properties in Warsaw, Poland.

The Embassy is planning to make a multiple award of indefinite-delivery indefinite-quantity contracts. The prospective contracts shall be for one year period. 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(s)/purchase order(s) to the responsible company submitting an acceptable offer(s) at the lowest price(s). We intend to award a contract(s)/purchase order(s) 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 September 23, 2024. 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 warsawproc@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.

For a quotation to be considered, you must also complete and submit two separate Volumes of your proposal as follows:

VOLUME 1 Price.

1. SF-18 - filled in and signed

2. Section A, Price – fill in the price format

3. Section L Representations and Certifications – signed

4. Proof of SAM registration

VOLUME 2 Technical

1. Offeror’s Qualifications, as required in Section J

2. Business Management/Technical Proposal per instruction in Section J:

· Experience and Past Performance

· Qualifications of AC Technician (s) 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.

ROUTINE MAINTENANCE AND MINOR REPAIR SERVICES

SOLICITATION DOCUMENT

Request for Quotation - Annual Routine Maintenance of Air Conditioning Systems

Solicitation No. 19PL9024Q0020

U.S. Embassy Warsaw

GSO office

Al. Ujazdowskie 29/31

00-540 Warsaw, Poland

TABLE OF CONTENTS

SF-18 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 CONTRACT REQUIREMENTS H.

CONTRACT Clauses

I.

List of Attachments

ATTACHMENT 1: STATEMENT OF WORK

ATTACHEMNT 2: AIR CONDITIONER MAINTENANCE REPORT

ATTACHMENT 3: CONTRACTOR FURNISHED PROPERTY

J.

QUOTATION INFORMATION

K.

EVALUATION FACTORS FOR AWARD

L.

REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS

COVER PAGE - SF-18

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS ⎕

⊠ IS NOT A SMALL BUSINESS SET-ASIDE

PAGE 1 OF 52 PAGES

1. REQUEST NUMBER

19PL9024Q0020

2. DATE ISSUED

September 9, 2024

3. REQUISITION/PURCHASE REQUEST NUMBER

PR12539115

4. CERT. FOR NAT. DEF. UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

5a. ISSUED BY

U.S. Embassy Warsaw, Poland

6. DELIVER BY (Date)

September 23, 2024

OTHER

NAME

warsawproc@state.gov

TELEPHONE NUMBER

a. NAME OF CONSIGNEE

U.S. Embassy

8. TO:

Al. Ujazdowskie 29/31

Warszawa

00-540

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date) IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NUMBER

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Annual routine maintenance of Air Conditioning systems. in in approximately 500 inside and 450 outside units in Offices and Residential Properties within Warsaw, Poland as specified in Section A through L.

12. DISCOUNT FOR PROMPT PAYMENT

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER

a. NAME OF QUOTER

b. STREET ADDRESS

16. SIGNER

c. COUNTY

AREA CODE

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 18 (REV. 6/1995)

Previous edition not usable Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

SECTION A - PRICING

1.1.

The Contractor shall complete all work, including furnishing all labor, material, equipment and services, required under this contract, for painting services.

The price listed below shall include all labor, materials, overhead, profit and all insurances.

The Contractor shall provide the services shown below during the period of the contract, Breakdown of the price for one standard office/housing unit/location:

PROVIDED EQUIPMENT

INSIDE UNIT

OUTSIDE UNIT

ADDITIONAL SERVICES

Total NET Estimated Amount for 950 units

Total Estimated Amount for 950 units (including VAT)

Estimated cost of DBA Insurance

Grand Total including VAT and DBA

1This estimated amount is based on total estimated Government requirements for this period of performance. If more than one award is made, the estimated amount of work awarded under task order(s) to any single Contractor will be less than the amount shown.

1.2.

Payment. The Government will not pay any additional sums due to 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 by this contract. Nor will the contract price be adjusted due to fluctuations in the currency exchange rates. The Government will make changes in the contract price or time to complete only due to changes made by the Government in the work to be performed, or by delays caused by the Government.

1.3.

VALUE ADDED TAX (VAT). The Contractor shall include VAT as a separate charge on the Invoice and as a separate line item in table provided in Section B.

1.4.

CURRENCY

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 offers 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.

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

1.5.

MINIMUM AND MAXIMUM AMOUNTS

Contract Minimum

During the contract period, the Government shall place orders for a minimum of $6,000.00. This is the contract minimum for this period of performance.

Contract Maximum

During the contract period, the amount of all orders shall not exceed $150,000.00. This is the contract maximum for this period of performance.

SECTION B - STATEMENT OF WORK

The Embassy of the United States of America requires annual routine maintenance of Air Conditioning systems in Offices and Residential Properties. The service consists of: cleaning and fumigation all coils and surface areas, including drip trays, filters, fan, condensation collection areas, turbine, air outlet, electrical surfaces, and coils, in approximately 500 inside and 450 outside units.

The Embassy is planning to make a multiple award of indefinite-delivery indefinite-quantity contracts. The prospective contracts shall be for one year period.

The Contractor shall furnish and install all materials required by this contract.

The Air Conditioner equipment cooling capacity size is estimated to be between 2.5kW – 7.5kW.

The contract requires the contractor to provide all equipment, supplies, materials, and labor necessary to complete the work. All workmanship and materials used shall comply with Polish AC regulations, Polish building, and labor codes. The contractor shall be licensed to perform commercial HVAC work.

A detailed Statement of Work is provided under Attachment 2.

1.1.

Location: Warsaw, Poland (complete list is provided in Statement of Work)

1.2.

Work shall be completed as expeditiously as possible in accordance with all local and international life, safety, environmental and applicable construction codes and standards.

1.4.

This is an indefinite-delivery indefinite-quantity type contract under which may be placed firm-fixed price task orders.

1.5.

The Government will order all work by issuing task orders.

SECTION C - PACKAGING AND MARKING

The Contractor shall deliver materials to the job site in manufacturer's original, unopened packages and the containers shall bear the manufacturer's name and label with trade name and manufacturer's instructions. Mark materials delivered to the site as follows:

“Maintenance of Air Conditioning Systems”

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).

52.246-12

INSPECTION OF CONSTRUCTION (AUG 1996)

SECTION E - DELIVERIES AND PERFORMANCE

52.211-10

COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

1.

EFFECTIVE ORDERING PERIOD

1.1.

Period of performance is for 12 months starting from the date of Award.

1.2.

The Government may extend this contract under 52.217-8, “Option to Extend Services”.

2.

COMPLETION DATES UNDER TASK ORDERS

2.1.

The Contractor shall have a minimum of 5 days in order to commence work under each task order issued.

2.2.

The following are minimum completion times that will be included in individual task orders, dependent upon the type and amount of work to be done:

· Routine maintenance of Air Conditioning systems – 2 days

The time stated for completion shall include final cleanup of the premises.

3.

ACCEPTANCE OF SCHEDULE

When the Government has accepted any time schedule, this acceptance shall be binding on 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 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 or relieve the Contractor of its obligation to maintain the progress of the work and achieve final completion by the established completion date.

4.

NOTICE OF DELAY

In the event 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 completion of the project after the completion date, 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 24 hours after the first event giving rise to the delay or prospective delay. Only the contracting officer may make revisions to the approved time schedule.

5.

WORKING HOURS

The Contractor shall perform all work during five days per week from 8:00 am – 17:00 pm. 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.

6.

EXCUSABLE DELAYS

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

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

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

acts of the government of the host country in its sovereign capacity;

(2) acts of another contractor in the performance of a contract with the Government;

(3) fires;

(4) floods;

(5) epidemics;

(6) quarantine restrictions;

(7) strikes;

(10) freight embargoes;

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

(12) unusually severe weather.

In each instance, the failure to perform shall be beyond the control and without the fault or negligence of the Contractor, and the failure to perform furthermore:

(1) shall 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.

7.

DELIVERABLES

52.242-14 SUSPENSION OF WORK (APR 1984)

The Contractor shall delivery the following items under this contract:

Section E. Construction Schedule

Section G. Personnel Biographies

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 Doug Barnes, Facility Manager.

The Financial Management Office will log in invoices and forward to the COR for approval.

General

The Contractor shall follow Section I, 52.232-5, "Payments Under Fixed-Price Construction Contracts.” The following subsections elaborate upon the information contained in that clause

Detail of Payment Requests/Invoices

The Contractor shall request payment no more frequently than monthly and shall cover the value of labor and materials completed and in place, including a prorated portion of overhead and profit.

Payments to Subcontractors

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

Evaluation by the Contracting Officer

Following receipt of the Contractor's request for payment, and on the basis of an inspection of the work, the Contracting Officer will make a determination as to the amount that is then due. If the Contracting Officer does not approve payment of the full amount applied for, less the retainage addressed in FAR 52.232-5, the Contracting Officer shall advise the Contractor of the reasons for the reduction.

Additional Withholding

Independently of monies under FAR 52.232-5, the Government may withhold from payments due the Contractor any amounts as may be considered necessary to cover –

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

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

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

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

Payment

The 14-day period identified in FAR 52.232-27(a)(1)(i)(A) is changed to 30 days.

TASK ORDERS

3.1 General. The Government will order all services under this contract on a Delivery/Task Order Form issued by the Contracting Officer, as the need arises.

3.2 Content. Task orders shall include:

Date of order

Contract number

Task Order number

Location of property

Amount of work (quantity / runing meters)

Required completion date

3.3 Procedures

The Government will simply issue a firm-fixed price task order, if it has the measurements of the work to be performed.

3.3.1 If requested to submit a firm-fixed price quotation for a task order, the Contractor shall compute a price for the required work by multiplying the unit prices in Price list by the amount of work required.

4.

SELECTION OF AWARDEE FOR INDIVIDUAL TASK ORDERS

(a) If more than one Contractor receives an award for these services, the following procedures shall govern the issuance of individual task orders. The Contractor shall perform no work without a task order issued by the Contracting Officer.

(b) As the need for services arises, the Government will develop a price estimate.

(b.1) Orders not exceeding $10,000 - The Government will select a Contractor for the task order. This decision will be based on the Government's best interests, which may include factors such as estimated price; past performance record; need to meet contractual minimums; or desire to avoid exceeding task order limitations set forth in Section I, FAR 52.216-19, "Order Limitations".

(b.2) Orders exceeding $10,000

(1) Unless one of the exceptions in paragraph (c) below applies, the Government will make its award selection based on the prices in the contract, Contractor performance under this contract, and on the Government's best interests.

(2) Selection of Contractors shall not be protestable to GAO under Subpart 33.1 of the Federal Acquisition Regulation, except on the grounds that the order increases the scope, period, or maximum value of the contract. The Department of State has an Acquisition Ombudsman who will review complaints by Contractors to ensure that all Contractors are afforded a fair opportunity to be considered for these task orders under the terms of this contract.

(c) Exceptions to the procedures in paragraph (d) above:

(1) The order should be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order; or

(2) It is necessary to place an order to satisfy a minimum guarantee.

SECTION G - SPECIAL CONTRACT REQUIREMENTS

1.

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:

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

(2) Property Damage, On or Off the Site, in U.S. Dollars

The 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 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.

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.

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.

Failure to agree to any adjustment contemplated under this contract regarding insurance shall be a dispute within the meaning of FAR 52.233-1, Alternate I, "Disputes". Nothing in this clause shall excuse the Contractor from proceeding with the work, including the repair and/or replacement as herein above provided.

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

2.

GOVERNING LAW

The contract and its interpretation shall be governed by the laws of the United States.

LANGUAGE PROFICIENCY

The project 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.

4.

LAWS AND REGULATIONS

Compliance Required

The Contractor shall, without additional expense to the Government, be responsible for complying with all host country laws, codes, ordinances, and regulations applicable to the performance of the work, 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 directed by the Contracting Officer, the contractor shall comply with the more stringent of:

(a) the requirements of such laws, regulations and orders; or

(b) the contract.

If a conflict among the contract and such laws, regulations and orders, the Contractor shall promptly advise the Contracting Officer of the conflict and recommend a proposed course of action for resolution by the Contracting Officer.

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.

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.

Evidence of Compliance

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

5.

RESPONSIBILITY OF CONTRACTOR

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

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.

6.

CONSTRUCTION OPERATIONS

Operations and Storage Areas

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.

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

Use of Premises

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.

(b) Requests from occupants. Any request received by the Contractor from occupants of existing buildings to change the sequence of work shall be referred to the Contracting Officer for determination.

(c) 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.

7.

SAFETY

Accident Prevention

(a) General. The Contractor shall provide and maintain work environments and procedures that will:

safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;

(2) avoid interruptions of Government operations and delays in project completion dates; and

(3) control costs in the performance of this contract. For these purposes, the Contractor shall:

(i) Provide appropriate safety barricades, signs and signal lights;

(ii) Comply with the standards issued by any local government authority having jurisdiction over occupational health and safety issues; and

(iii) Take any additional measures the Contracting Officer determines to be reasonably necessary for this purpose.

(b) Records. The Contractor shall maintain an accurate record of exposure data on all accidents incident to work performed under this contract resulting in:

death,

(2) traumatic injury,

(3) occupational disease, or

(4) damage to or theft or loss of property, materials, supplies, or equipment.

The Contractor shall report this data as directed by the Contracting Officer.

(c) Subcontracts. The Contractor shall be responsible for its subcontractors' compliance with this clause.

(d) Written Program. Before starting the work, the Contractor shall:

(1) Submit a written proposal for implementing this clause; and

(2) Meet with the Contracting Officer to discuss and develop a mutual understanding of the overall safety program.

(e) The Contracting Officer shall notify the Contractor of any non-compliance with these requirements and the corrective actions required. The Contractor shall immediately take corrective action after receiving the notice. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order suspending all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule for any suspension of work issued under this clause.

8.

SUBCONTRACTORS AND SUPPLIERS

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 therefore 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.

Approval of Subcontractors

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

(b) 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.

9.

CONSTRUCTION PERSONNEL

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 amongst those employed at the site; and

(c) Take all reasonable precautions for the preservation of peace and protection of persons and property in the neighborhood of the project against unlawful, riotous, or disorderly conduct.

The Contracting Officer may require, in writing, that the Contractor remove from the work any employee that the Contracting Officer determines:

incompetent, careless, insubordinate or otherwise objectionable, or

(e) whose continued employment on the project is deemed by the Contracting Officer to be contrary to the Government's interests.

Notice to the Government of Labor Disputes

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.

Construction Personnel Security

After award of the contract, the Contractor has ten (10) 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 up to ten (10) 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 rejections and/or resubmittal of the application.

10.

MATERIALS AND EQUIPMENT

Selection and Approval of Materials

Standard of quality. All materials and equipment incorporated into the work shall be new and for the purpose intended, unless otherwise specified, and all workmanship shall be of good quality and performed in a skillful manner as determined by the Contracting Officer.

Selection by Contractor. Where the contract permits the Contractor to select products, materials or equipment to be incorporated into the work, or where specific approval is otherwise required by the contract, the Contractor shall give the Contracting Officer, for approval:

the names of the manufacturer;

model number;

(3) source of procurement of each such product, material or equipment; and

(4) other pertinent information concerning the:

(i) nature,

(ii) appearance,

(iii) dimensions,

(iv) performance,

(v) capacity, and

(vi) rating; unless otherwise required by the Contracting Officer.

The Contractor shall provide this information in a timely manner to permit the Government to evaluate the information against the requirements of the contract. The Contractor shall provide a submittal register ten (10) days after contract award showing when shop drawings, samples, or submittals shall be made. The Contractor shall submit samples for approval at the Contractor's expense, with all shipping charges prepaid, when directed to do so by the Contracting Officer or COR. Installation or use of any products, materials or equipment without the required approval shall be at the risk of rejection.

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 this U.S. Government project.

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.

Substitutions

(a) Prior approval required. Before substitutions proposed by the Contractor but not yet approved at the contract award, or proposed by the Contractor after execution of the contract may be used in the project, the Contractor must obtain approval in writing from the Contracting Officer. Any substitution request shall be timely and accompanied by sufficient information to permit the Government to evaluate its acceptability. The date shall provide reasons for the proposed substitution and data concerning the design, appearance, performance, composition, and relative cost of the proposed substitute. If the Contracting Officer determines the substitute items is not in the best interests of the Government, the Contractor shall obtain the items originally specified with no adjustment in the contract price or completion date.

(b) Approval Through Shop Drawings. The Contractor may propose substitutions of materials in the submittal of shop drawings, provided such substitution is specifically requested in writing in the transmittal of the shop drawings to the Contracting Officer. Such substitution requests must be made in a timely manner and supported by the required information.

(c) Final Approval on Delivery. Acceptance or approval of proposed substitutions under the contract is conditioned upon approval of items delivered at the site or approval by sample. Approval by sample shall not limit the Government's right to reject material after delivery to the site if the material does not conform to the approved sample in all material respects.

"Or-Equal Clause"

References in the Specifications/Statement of Work to materials, products or equipment by trade name, make, or catalog number, or to specific processes, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may propose for approval or rejection by the Contracting Officer the substitution of any material, product, equipment or process that the Contractor believes to be equal to or better than that named in the Specifications/Statement of Work, unless otherwise specifically provided in this contract.

Use and Testing of Samples

Use. Approved samples not destroyed in testing will be sent to the Contracting Officer. Those samples that are in good condition will be marked for identification and may be used in the work. Materials and equipment incorporated in the work shall match the approved samples within any specified tolerances. Other samples not destroyed in testing or not approved will be returned to the Contractor at its expense if so requested.

(b) Failure of Samples. Failure of any material to pass the specified tests will be sufficient cause for refusal to consider, under this contract, any further samples of the same brand or make of that material or equipment which previously has proved unsatisfactory in service.

(c) Taking and testing of samples. Samples of various materials or equipment delivered on the site or in place may be taken by the Contracting Officer for additional testing by the Government outside of those required by the contract documents. Samples failing to meet contract requirements will automatically void previous approvals of the items tested. The Contractor shall replace such materials or equipment found not to have met contract requirements, unless the Contracting Officer determines it to be in the Government's interest to accept the non conforming materials or equipment with an appropriate adjustment of the contract price as determined by the Contracting Officer.

(d) Cost of additional testing by the Government. Unless otherwise specified, when additional tests are made, only one test of each sample proposed for use will be made at the expense of the Government. Samples that do not meet contract required will be rejected. Further testing of additional samples, if required, will be made at the expense of the Contractor.

11.

SPECIAL WARRANTIES

Special Warranty Obligations

Any special warranties that may be required under the contract shall be subject to the stipulations set forth in Section I, 52.246-21, "Warranty of Construction", insofar as they do not conflict with the provisions of such special warranties.

Warranty Information

The Contractor shall obtain and furnish to the Government all information which is required in order to make any subcontractor's, manufacturer's, or supplier's guarantee or warranty legally binding and effective, and 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 requirements specified in the guarantee or warranty, but not later than completion and acceptance of all work under this contract.

12.

EQUITABLE ADJUSTMENTS

Basis for Equitable Adjustments

If an act occurs, that causes a change within the meaning of paragraph (a) of the "Changes" clause, the Contractor shall give the Contracting Officer prompt written notice (within 20 days) stating:

the date, circumstances, and applicable contract clause authorizing an equitable adjustment, and that the Contractor regards the event as a changed condition for which an equitable adjustment is allowed under the contract.

Differing Site Condition Notice

The Contractor shall provide written notice of a differing site condition within 10 calendar days of occurrence in accordance with additional information provided in FAR 52.236-4, Differing Site Condition.

Documentation of Proposals for Equitable Adjustments

Itemization of proposals and requests. Any request for equitable adjustment in the contract price, including any change proposal submitted in accordance with the "Changes" clause, shall be submitted in the form of a lump sum proposal supported with an itemized breakdown of all increases and decreases in the contract price in at least the detail required by the Contracting Officer, and shall include all costs and delays related to or arising out of the change or event giving rise to the proposed adjustment, including any delay damages and additional overhead costs.

(b) Proposed time adjustments. The Contractor shall submit with any request for an equitable adjustment or change proposal a proposed time extension (if applicable), and shall include sufficient information to demonstrate whether and to what extent the change will delay the contract in its entirety.

(c) Release by Contractor. The price and time adjustment made in any contract modification issued as a result of a change proposal or request for an equitable adjustment shall be considered to account for all items affected by the change or other circumstances giving rise to an equitable adjustment. Upon the issuance of such contract modification, the Government shall be released from any and all liability under this contract for further equitable adjustments attributable to the facts and circumstances giving rise to the change proposal or request for equitable adjustment.

13.

NON-COMPLIANCE WITH CONTRACT REQUIREMENTS

In the event the Contractor, after receiving written notice from the Contracting Officer of noncompliance with any requirement of this contract, fails to initiate promptly such action as may be appropriate to comply with the specified requirement within a reasonable period of time, the Contracting Officer shall have the right to order the Contractor to stop any or all work under the contract until the Contractor has complied or has initiated such action as may be appropriate to comply within a reasonable period of time. The Contractor will not be entitled to any extension of contract time or payment for any costs incurred as a result of being ordered to stop work for such a cause.

SECTION H - CONTRACT 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

COMMERCIA LAND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

52.204-19

INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JUN 2020)

52.213-4 TERMS AND CONDITIONS – SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2022)

52.216-7

ALLOWABLE COST AND PAYMENT (JUN 2013)

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

52.222-19

CHILD LABOR – COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2020)

52.222-50

COMBATTING TRAFFICKING IN PERSONS (OCT 2020)

52.223-18

ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (JUN 2020)

52.225-13

RESTRICTIONS ON CERTAIN FOREIGN PROCUREMENTS (FEB 2021)

52.225-14

INCONSISTENCY BETWEEN ENGLISH VERSION AND

TRANSLATION OF CONTRACT (FEB 2000)

52.228-3

WORKERS’ COMPENSATION INSURANCE (DEFENSE BASE ACT) (JUL 2014)

52.228-5

INSURANCE-WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.228-11

PLEDGES OF ASSETS (JAN 2012)

52.228-13 Alternative Payment Protection (JUL 2000) 52.228-14

IRREVOCABLE LETTERS OF CREDIT (NOV 2014)

52.229-6

TAXES - FOREIGN FIXED-PRICE

CONTRACTS (FEB 2013)

52.229-7

TAXES- FIXED PRICE CONTRACTS WITH FOREIGN GOVERNMENTS (FEB 2013)

52.232-1

PAYMENTS (

APR 1984)

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (SEPT 2002) (APPLICABLE TO INDIVIDUAL DELIVERY ORDERS) 52.232-8

DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

52.232-17

INTEREST (MAY 2014)

52.232-18

AVAILABILITY OF FUNDS (APR 1984)

52.232-22

LIMITATIONS OF FUNDS (JUN 2013)

52.232-25

PROMPT PAYMENT (JAN 2017)

52.232-27

PROMPT PAYMENT FOR CONSTRUCTION CONTRACT (JAN 2017)

(APPLICABLE TO INDIVIDUAL DELIVERY ORDERS)

52.232-28

ELECTRONIC FUNDS TRANSFER PAYMENT METHODS (APR 1989)

52.232-32

PERFORMANCE-BASED PAYMENTS (APR 2012)

52.232-33

PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.232-34

PAYMENT BY EFT – OTHER THAN SAM (JULY 2013)

52.233-1

DISPUTES (MAY 2014), ALTERNATE I (DEC 1991)

52.233-3

PROTEST AFTER AWARD

(AUG 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.236-2

DIFFERING SITE CONDITIONS (APR 1984)

52.236-3

SITE INVESTIGATIONS 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 (APR 1984)

52.236-11

USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

52.236-12

CLEANING UP (APR 1984)

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)

52.237-3

CONTINUITY OF SERVICES (JAN 1991)

52.242-13

BANKRUPTCY (JULY 1995)

52.243-1 CHANGES - FIXED-PRICE (AUG 1987) – Alternate II (APR 1984)

52.245-1

GOVERNMENT PROPERTY (SEP 2021)

52.245-2

GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES (APR 2012)

52.245-9

USE AND CHARGES (APR 2012)

52.246-17

WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN 2003)

52.246-21

WARRANTY OF CONSTRUCTION (APR 1984)

52.246-26

REPORTING NONFORMING ITEMS (JUN 2020)

52.248-1

VALUE ENGINEERING (JUN 2020)

52.249-4

TERMINATION FOR…