CONTRACT

DOCUMENT

American Consulate General Jeddah, Saudi Arabia

Contracting and Procurement Office

SWIMMING POOL REHABILITATION WORK

Contract No. 19SA4026C0010

American Consulate General, Jeddah

PO Box 149

Jeddah 21411

Saudi Arabia

SBU - CONTRACTING AND ACQUISITIONS

SWIMMING POOL REHABILITATION WORK CONTRACT 19SA4026C0010

SECTION A

SOLICITATION, OFFER, I, SOLICITATION NO. 2, TYPE or SOLICITATION 3. DATE ISSUED PAGE or PAGES AND AWARD 19SA4026R0012 0 SEALED BID (IFB) August 12, 2026 I of 47

(Consrruc1ion. Aliera1iofl, or Repair) [x] NEGOTIATED (RFP) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO, 5, REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

I 9SA4026C00 I 0 PRl6171252

7. ISSUED BY CODE SA400 8. ADDRESS OFFER TO

CONTRACTING OFFICER CONTRACTING OFFICER

US CONSULATE GENERAL US CONSULATE GENERAL

JEDDAH, SAUDI ARABIA JEDDAH, SAlJDI ARABIA

TEL: +966-12-2205000 TEL: +966-12-2205000

JeddahContractim1Office(@state.vov .JeddahContractin11:0ffice<@state.!!ov

9. FOR INFORMATION A. NAME B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

CALL: ♦ Jon Custis +966-12-2205000 extn 3018

SOLICITATION

NOTE: In sealed bid solicitations "oITer" and "offeror" mean ''bid" and "bidder."

10. THE GOVERNMENT REQUIRES PERFORMANCE OF Ti IE WORK DESCRIBED IN THESE DOCUMENTS (li'lle. identijj,i11g 110 .• date).-

The Contractor shall provide personnel, materials and equipment for Swimming Pool Rehabilitation Work at the American Consulate Compound as per the detailed BOQ stated in DIV 5.

A. SF-I442

B. PRICE

C. SCOPE OF WORK

D. PACKAGING AND MARKING

E. INSPECTION AND ACCEPTANCE

F. DELIVERIES OR PERFORMANCE

G. ADMJNlSTRATIVE DATA

H. SPECIAL REQUIREMENTS

1. CLAUSES

J. LIST OF ATTACHMENTS

ATTACHMENT I POOL DESIGN DETAILS

11. The Contractor shall begin performance within_ TBD_ calendar days and complete it within _30_ calendar days after receiving D award. 181 notice to proceed. This performance period is 181 mandatory, D negoliable. (See .)

I2A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND Pi\ YMENT BONDS? 12B. CALENDAR DAYS (if "YES," indicate within how 11umy calendar days after award in flem 12B.)

NA

0 YES 181 NO

I 3. ADDJTIONAL SOLICITATION REQUIREMENTS:

A. Electronic offers to perform the work required are due at Ihc pince specified in Item 8 by 17:00 local lime August 31, 2026.

B. An offer guarantee Dis, 181.is not required.

C. All offers are su�ject to the (I) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reterence.

D. Offers providing less than none calendar days for Government acceptnnce nfter the date offers are due will not be considered nnd will be rejected.

Computer Generated -

STANDARD FORM 1442 (REV. 4-8:>)

SECTION B - SERVICES AND PRICES/COSTS

B.1 SCOPE OF SERVICES

The Contractor shall provide personnel, materials and equipment for Swimming Pool Rehabilitation Work at the U.S. Consulate General Compound at Mohammadia District in Jeddah, Saudi Arabia, as described in

Section C, of this contract and exhibits attached in Section J.

B.2 TYPE OF CONTRACT

This contract is a firm fixed price contract payable in the currency indicated in the SF-1442. No additional sums will be payable on account of 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 on account of fluctuations in the currency exchange rates. Changes in the contract price or time to complete will be made only due to changes made by the Government in the work to be performed, or by delays caused by the Government.

B.3 PRICES/COSTS

The Contractor shall complete all work, including furnishing all labor, material, equipment and services required under this contract for the following firm fixed price. This price shall include all direct costs (labor, materials), indirect costs, overhead (including cost of Workers’ Compensation and War-Hazard Insurance, which shall not be a direct reimbursement), and profit.

B.3.1 VALUE ADDED TAX

Value Added Tax (VAT) is not included in the CLIN rates. Instead, it will be priced as a separate Line Item in the contract and on Invoices. Local law dictates the portion of the contract price that is subject to VAT. The full

VAT amount is charged on all aspects of the contract and should be provided in a separate line item with a firm fixed priced amount.

B.3.2 PRICES

CLIN SERVICE

QTY

UNIT

UNIT

PRICE

TOTAL

PRICE

1 Pool Coping 77 LM ±10% 1 Lumpsum 65,000.00 65,000.00

2 Grouting 400 M2 ±20% 1 Lumpsum 56,000.00 56,000.00

3 Mosaic Tiles 80 LM ±20% 1 Lumpsum 8,500.00 8,500.00

4 “Depth Indicator and “No Diving” 10 EA 7,500.00 7,500.00

Total 137,000.00

VAT 20,550.00

G. Total 157,550.00

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SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

DIVISION 1 – GENERAL REQUIREMENTS

1.1 Introduction: This Statement of Work (SOW) outlines the requirements for performing swimming pool maintenance and repair services at General Consulate of the United States of America in Jeddah. The scope includes the repair of pool grout, replacement of missing tiles, inspection of pool ladders for structural integrity, and the repair of pool coping. The goal of this project is to restore the pool's functionality, aesthetics, and safety.

1.2 Objectives:

A. Grout Repair: Address and repair any damaged or missing grout in the swimming pool to ensure proper sealing and prevent water leakage.

B. Tile Replacement: Identify and replace missing or damaged tiles to maintain the pool's integrity and appearance.

C. Ladder Inspection: Inspect the structure and stability of the pool ladders, identifying any necessary repairs or replacements, and provide a detailed report on their condition.

D. Coping Repair: Repair the pool coping to ensure proper installation, aesthetic appeal, and structural integrity.

1.3 Contractor’s quality control

1.3.1. The Contractor is responsible for quality and shall establish and maintain an effective quality control system. The contractor shall define the QC responsible person who is qualified to develop the quality control plan, perform frequent quality control inspections.

1.3.2. The Contractor shall submit the Quality Control Plan (QCP) to the Contracting

Officer Representative (COR) within seven (7) calendar days after Contract

Award.

1.3.3. The Contractor shall submit a Quality Control Report (QCR) to the

Contracting Officer Representative (COR) daily. Reporting shall begin on the first day the contractor’s forces arrive on site and shall continue until the contractor’s forces have completely demobilized. Daily reports shall be submitted by 08:00am the following morning and shall include, at a minimum, the information discussed in this section. the report format shall be accepted by the COR prior to use.

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1.3.4. The Quality Control Report (QCR) shall include the following as minimum:

a. Project title and project number.

b. Date of inspection

c. A procedure for inspection of work and materials.

d. A corrective action procedure for identifying and controlling site deficiencies from identification through corrective action and acceptance.

1.3.5. Daily inspections shall be performed to ensure that control activities are providing continued compliance with contract requirements until completion of the feature of work. Final inspections shall be conducted, and all deficiencies corrected prior to starting additional features of work which may be affected by the deficient work. The Contractor shall not build upon nor conceal deficient work.

1.3.6. Completion Inspection:

a. Punch-List Inspection: At completion of all work or any increment thereof, the contractor shall conduct joint inspections of the work with the government. The contractor shall record all deficiencies and work identified as not conforming to the plans and specifications, and a list of findings, by location, shall be submitted to the COR within two days after each joint inspection. The list of these findings shall constitute the punch-list. At completion of all punch-list work or any increment thereof, the contractor shall conduct a joint re-inspection with the COR to verify completion of the punch-list work. Both the contractor and the COR shall confirm mutual agreement of completion by signing the punch-list and indicating that each item on the punch-list is complete. The contractor shall submit two hardcopies of the signed punch-lit and electronic copy of the signed list in

.pdf format.

b. Final Acceptance Inspection: No later than one (1) week after substantial completion the contractor shall conduct the joint, final acceptance inspection with the COR. The contractor shall provide a minimum of 7-days advance written notice to the COR and certify the work shall be complete prior to the commencing the final acceptance inspection.

During the joint, final acceptance inspection the contractor shall record all deficiencies and all work identified as not conforming to the plans and specifications. A list of the findings shall be submitted to the COR within two days after the inspection. the list of these contractor findings shall constitute the list of final acceptance defects. The contractor shall immediately complete all work all work on the list of final acceptance defects. At completion of all items on the list of final acceptance defects, the contractor shall conduct a joint re-inspection with the COR to verify completion. Both the contractor and COR shall confirm mutual agreement

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of completion by signing the list of final acceptance defects indicating that each item on the defects is complete. The contractor shall submit two hardcopies of the signed defects and electronic copy of the signed list in

.pdf format.

1.3.7. Daily Reporting: The Contractor shall provide CQC Daily Reports that provide factual evidence that required quality control activities and/or tests have been performed. These records shall include the work of subcontractors and suppliers and shall be on an acceptable form that includes, as a minimum, the following information:

A. Contractor/subcontractor and their area of responsibility.

b. Work performed each day, giving location, description, and by whom performed.

c. List deficiencies noted along with corrective action.

d. Quantity of materials received at the site with statement as to acceptability, storage.

1.4. Safety and occupational health

1.4.1. Summary: The purpose of this document is to ensure compliance with current safety regulations as well as the health and safety of personnel avoiding any damage or injury. The contractor will accept all legal requirements or regulations currently enforced that concern safety for staff and workers, as well as for the public who directly or indirectly may be affected by the work.

The latest edition of the U.S. Army Corps of Engineers Safety and Health

Requirements Manual EM 385-1-1 will be used as the source of minimum standards for the safety and health program at post. Contractors are expected to develop hazard controls methods in accordance with EM 385-1-1, and comply with the requirements in this manual through the duration of the project.

(http://www.publications.usace.army.mil/Portals/76/Publications/EngineerMan uals/EM_385-1-1.pdf).

1.4.2. The contractor must submit an Accident Prevention Plan specifically for the activity, immediately after the site survey.

1.4.3. The contractor must submit a Risk Assessment/Activity Hazard Analysis

(AHA) specifically for the activity, immediately after the site survey.

1.4.4. The contractor must demonstrate understanding of his/her responsibilities related to the safety requirements by addressing hazards in preplanning processes and meetings.

1.4.5. The contractor is expected to provide a “competent person” to implement Site health and safety plan and to oversee its compliance. A competent person is an individual who, by way of training and/or experience, is knowledgeable of applicable standards, is capable of identifying workplace hazards relating to the specific operation, is designated by the employer, and has authority to take appropriate actions.

SWIMMING POOL REHABILITATION WORK CONTRACT 19SA4026C0010

6 SBU - CONTRACTING AND ACQUISITIONS

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

1.4.6. The contractor will conduct a safety briefing and ensure individuals working at the site are aware of potential hazards before starting daily work.

1.4.7. The contractor shall ensure that individuals working at the site are provided with proper safety equipment to prevent accidental injury in accordance with the requirements of the contract.

1.4.8. The contractor must ensure that all their workers are trained and certified to perform the job activity.

1.4.9. The contractor must submit all training records and certificates of their workers related to the project before commencement.

1.4.10. The contractor must submit all equipment and operator certificates that is related to the project before commencement.

1.4.11. The contractor must accept the safety standards set by the US Embassy, EM-

385-1-1.

1.4.12. Smoking is prohibited at the work site and will use only designated area for smokers.

1.4.13. The contractor will report accidents to the COR who will pass the data to the POSHO or Safety Coordinator.

1.4.14. The COR will work directly with the contractor ensuring all Safety

Requirements are met as describe in this document and in case it is needed the

COR will report to the POSHO or Safety Coordinator any safety deficiency found before or during the execution of the project.

In case the COR identifies unsafe acts or conditions that could affect significantly the health or safety of Consulate personnel, contractors, subcontractors, third parties or government property, the work can be stopped by the COR until the condition is fixed. If different work conditions appear during the project, the COR can indicate further safety requirements to the contractor.

The COR may share safety related information with the POSHO and Safety

Coordinator to guarantee personnel safety and government property conservation.

1.5. Waste Management

The intent of this Specification is to instruct the contractor to divert non-hazardous construction and demolition debris from disposal in landfills and incineration facilities, and to redirect recyclable and/or recoverable resources back to the manufacturing process and reusable materials to appropriate locations.

1.5.1. Waste Management Plan: The Contractor shall submit an Integrated Waste

Management Plan for non-hazardous waste and a sample of the Waste

Removal Form(s) to document the method for reducing impact on the environment.

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1.5.2. Waste Handling:

a. Designate a specific location on site to facilitate separation of materials for potential reuse, salvage, recycling, and charity donations.

b. Provide appropriate containers for the construction materials. Keep waste bins and pile areas neat and clean. Clearly mark bins for each category of waste. Do not commingle non-recyclable waste with materials designated for reuse or recycling.

c. Transport material in accordance with local rules and regulations.

d. Daily (before the contractor personnel leaves Consulate’s site), ensure all removed Sections are gathered and disposed of in accordance with local regulations, away from the compound. Removed T-wall sections should not be left near the compound perimeter at any time.

DIVISION2 – SCOPE OF WORK

The scope of work includes the following services:

2.1 Complete Grout Replacement

A. The Contractor shall remove all existing grout from the pool tile joints, including the pool floor, walls, steps, benches, gutters, waterline tiles, overflow channels, and all other tiled surfaces, to the depth recommended by the grout manufacturer or as required to ensure proper installation of the new grout.

B. The Contractor shall exercise care during grout removal to prevent damage to existing tiles, waterproofing systems, and adjacent finishes. Any damage caused by the Contractor shall be repaired or replaced at no additional cost to the Government.

C. Upon completion of grout removal, the Contractor shall thoroughly clean all grout joints and tile surfaces, removing all dust, debris, contaminants, algae, scale, loose material, and residual grout to provide a clean substrate suitable for the installation of new grout.

D. The Contractor shall furnish and install a premium-quality, swimming pool-grade grout specifically designed for permanently submerged applications. The grout shall be waterproof, resistant to chlorine, pool treatment chemicals, UV exposure, staining, mold, mildew, algae growth, shrinkage, cracking, and thermal movement.

E. The new grout shall be uniformly installed in all tile joints, ensuring complete joint filling, consistent joint width and depth, proper compaction, and a smooth, uniform finish. All grout joints shall be watertight and free from voids, pinholes, cracks, or other defects.

F. The Contractor shall remove all excess grout and grout haze from tile surfaces and leave the finished work clean, uniform, and free of stains or residue.

G. The Contractor shall allow the grout to cure in strict accordance with the manufacturer's written recommendations before exposing the grout to water, pool chemicals, or normal operation.

H. Upon completion of the work, the Contractor shall inspect all tiled surfaces to verify the integrity of the grout installation and ensure all joints are fully sealed and capable of preventing water infiltration behind the tile system. Any deficiencies identified during inspection shall be corrected by the Contractor at no additional cost to the Government.

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2.2 Tile Inspection and Replacement

A. The Contractor shall conduct a comprehensive inspection of all pool tiles to identify missing, loose, cracked, chipped, hollow, delaminated, or otherwise damaged tiles on the pool floor, walls, steps, benches, gutters, waterline, and all other tiled surfaces.

B. The Contractor shall carefully remove and dispose of all defective, damaged, loose, or debonded tiles without causing damage to adjacent tiles, grout, or the pool substrate.

C. The Contractor shall furnish and install replacement tiles that match the existing pool tiles in color, size, thickness, texture, finish, and material. If an exact match is unavailable, the Contractor shall submit equivalent replacement tiles, along with samples and technical data, for review and written approval by the Contracting Officer's Representative (COR) prior to procurement and installation.

D. The Contractor shall install all replacement tiles using a premium-quality, pool-grade adhesive suitable for permanently submerged applications. All tiles shall be properly aligned, leveled, and firmly bonded to provide a uniform appearance consistent with the existing installation.

E. Upon completion of tile installation, the Contractor shall grout all tile joints using the specified pool-grade grout to provide a continuous, watertight seal.

F. In addition to replacing defective tiles identified during the inspection, the Contractor shall remove and replace the first three horizontal rows of wall tiles around the entire pool perimeter, regardless of their existing condition. The replacement tiles shall match the existing pool tiles in color, size, thickness, texture, finish, and material to maintain a uniform and consistent appearance throughout the pool.

G. Upon completion, the Contractor shall inspect all newly installed tiles to verify proper adhesion, alignment, joint consistency, and overall workmanship. Any loose, hollow-sounding, misaligned, or otherwise defective tiles shall be removed and replaced at no additional cost to the Government.

2.3. Ladder Inspection

A. Perform a detailed visual inspection of the pool ladders, including the treads, support brackets, and overall structure.

B. Assess the structural integrity of the ladder frame and confirm the safety of the attachment to the pool.

C. Check for signs of rust, corrosion, or loose hardware.

D. Provide a written report of the inspection, including findings, recommendations for repairs, and any necessary safety precautions.

2.4 Complete Pool Coping Replacement

A. The Contractor shall remove and dispose of the entire existing pool coping around the full perimeter of the swimming pool, including all coping stones/tiles, mortar, adhesives, sealants, and any associated materials required to facilitate the installation of the new coping system.

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B. The Contractor shall inspect the exposed pool beam and support substrate for cracks, deterioration, voids, or other defects. Any deficiencies affecting the installation of the new coping shall be reported to the Contracting Officer's Representative (COR) prior to proceeding with the installation.

C. The Contractor shall prepare the substrate by removing all loose materials, debris, adhesives, mortar residue, contaminants, and any other materials that may impair the proper installation and long-term performance of the new coping.

D. The Contractor shall furnish and install a completely new coping system using the material specified in the Contract Documents or approved by the COR. The new coping shall be durable, slip-resistant, resistant to weathering, UV exposure, pool chemicals, and thermal movement, and suitable for continuous outdoor swimming pool applications.

E. The entire pool coping shall be installed in accordance with the approved elevated coping design, maintaining consistent dimensions, alignment, elevation, slope, and finish throughout the pool perimeter.

F. The Contractor shall ensure that the new coping is securely anchored to the pool structure using manufacturer-recommended installation methods and materials. All joints shall be properly sealed to prevent water infiltration and ensure long-term durability.

G. The Contractor shall provide adequate expansion and control joints, where required, in accordance with the manufacturer's recommendations and industry standards.

H. The Contractor shall install permanent safety markings, including Depth Indicators and "NO

DIVING" markings, at locations approved by the COR. The markings shall be weather-resistant, slip-resistant, UV-resistant, and permanently bonded to the coping surface.

I. Upon completion, the Contractor shall verify that all coping sections are level, properly aligned, securely installed, free from cracks, chips, lippage, or other defects, and provide a smooth, continuous, and aesthetically uniform appearance around the entire pool perimeter.

J. Any damaged adjacent finishes resulting from the Contractor's work shall be repaired or replaced at no additional cost to the Government.

DIVISION 3 – SCHEDULING

3.1 The contractor shall submit a detailed GANTT chart showing all the tasks will be performed for this project. The chart shall clearly mention the required duration for each task. At any stage that the contractor requires to adjust the schedule, the contractor shall notify the COR 7 days in advance. The chart must contain but not limited to: Project

Execution Schedule (PES), Critical Path Method (CPM), Work Breakdown Structure

(WBS).

3.2. Project Duration: the contractor shall complete the project within 30 Calendar Days starts from receiving the Notice to Proceed (NTP).

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DIVISION 4 – SITE UTILIZATION PLAN:

The contractor is required to provide a comprehensive plan detailing how the activity areas will be barricaded. This plan must include marking the activity areas on the drawings, which will be supplied by the COR.

DIVISION 5 – MATERIAL:

A. Polymer Modified Water Resistant Cementitious Tile Adhesive model CICOTILE WR or equivalent.

B. Joint Grout: CICOTILE Joint Grout or equivalent.

C. Coping: Width: 300mm, Thickness: 50mm. Sample to be provided for COR’s approval

D. Tile: matching with existing tile: Sample to be provided for COR’s approval

E. Depth indicators and "No Diving"

Bill of Quantities:

Item Quantity Unit

Pool Coping 77 ±10% LM

Grouting 400 ±20% Square Meters

Mosaic Tiles 80 ±20% LM

“Depth Indicator and “No Diving” 10 EA

DIVISION 6 – DELIVERIBLES / SUBMITTALS:

The following items shall be delivered to the COR under this contract.

DESCRIPTION QUANTITY DATE

1.3.2. Quality Control Plan (QCP) 1 7 days after award

1.3.3. Quality Control Report (QCR) Daily starts after the

project commencement

1.4.2. Activity Hazard Analysis 1 7 days After award

3.1. Project Execution Schedule (PES) 1 7 days After award

2.1. List of Personnel, tools, material, equipment

1 7 days after award

4.1. Site Utilization Plan 1 7 Days prior to actual work

commencement

5. Material Technical Data Sheet 1 7 days after award

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DIVISION 7 - Evaluation factors:

The technical evaluation will be based on the following factors:

1. The company profile and prequalification documents demonstrate the contractor's capability to execute the project to a high standard.

2. Demonstrated experience in similar projects. The offeror must provide details of projects completed within the last five years.

3. Submission of a proposed GANTT chart incorporating PES, CPM, and WBS.

4. Resumes of key project management personnel intended for deployment on this project, including Project Manager, Safety Manager, and Quality Controller.

5. Submission of complete submittals as outlined in Division 6.

6. The offeror must provide all necessary documentation confirming the company's registration in Saudi Arabia.

END OF PERFORMANCE WORK STATEMENT

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SECTION D - PACKAGING AND MARKING

- RESERVED -

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SECTION E

INSPECTION AND ACCEPTANCE

FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

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

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. Also, the full text of a clause may be accessed electronically at:

http://www.acquisition.gov/far/ or http://farsite.hill.af.mil/vffara.htm

These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Department of State Acquisition website at http://www.statebuy.state.gov/ to see the links to the FAR. You may also use an internet “search engine” (for example Google, Yahoo, Excite) to obtain the latest location of the most current FAR.

E.2 QUALITY ASSURANCE

The Contractor shall institute an appropriate inspection system. This system shall include:

(a) Checklists of duties to be carried out, ensuring these duties are carried out by the supervisory staff and senior employees, and

(b) Carrying out weekly inspections to determine whether the various services are being performed according to the contract requirements.

The Contractor shall provide copies of the weekly inspection reports to the COR.

The Contractor shall promptly correct and improve any shortcomings and/or substandard conditions noted in such inspections. The Contractor shall notify the Contracting Officer or the COR of any conditions beyond the responsibility of the Contractor.

E2.1. INSPECTION BY GOVERNMENT

The COR will, from time to time, inspect the services being performed under and the supplies to determine that all 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 which may be required by the Contracting Officer as a result of inspection.

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http://www.acquisition.gov/far/ http://farsite.hill.af.mil/vffara.htm http://www.statebuy.state.gov/

E.3 FINAL COMPLETION AND ACCEPTANCE

E.3.1 DEFINITIONS

(a) "Final completion and acceptance" means the stage in the progress of the work when all work required under the contract has been completed in a satisfactory 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 in written notice to the Contractor that final completion of the work has been achieved.

E.3.2 FINAL INSPECTION AND TESTS

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

E.3.3 FINAL ACCEPTANCE

The Contracting Officer shall issue to the Contractor a notice of final acceptance and make final payment when there is:

(a) Satisfactory completion of all required tests,

(b) Verification by the Contracting Officer on the basis of a final inspection that all items 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.

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SECTION F

DELIVERIES OR PERFORMANCE

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 30 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 30 calendar days. The time stated for completion shall include final cleanup of the premises and completion of punch list items.

F.1.1 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 for each calendar day of delay until the work is completed or accepted.

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

52.242-14 SUSPENSION OF WORK (APR 1984)

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

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. Also, the full

These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Department of State Acquisition website at http://www.statebuy.state.gov/ to see the links to the FAR. You may also use an internet “search engine” (for example Google, Yahoo, Excite) to obtain the latest location of the most current FAR.

F.3 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 modified to reflect the due date for submission as 10 calendar days after receipt of an executed contract".

(b) These schedules shall include the time by which shop drawings, product data, samples and other submittals required by the contract will be submitted for approval.

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http://www.acquisition.gov/far/ http://farsite.hill.af.mil/vffara.htm http://www.statebuy.state.gov/

(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 performing work for the Government.

The Contractor shall submit a schedule that sequences work so as to minimize disruption at the job site.

(d) All deliverables shall be in the English language, unless otherwise provided, and any system of dimensions (such as English or metric) shown shall be consistent with that used in the contract. The

Government in approving such deliverables shall allow no extension of time due to a delay if the Contractor has failed to act promptly and responsively in submitting its deliverables.

F.4 ACCEPTANCE OF SCHEDULE

The schedule shall be binding on the Contractor when the Government has accepted any time schedule.

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 the Contractor from or relieve it of its obligation to maintain the progress of the work and achieve final completion by the established completion date.

F.5 NOTICE OF DELAY

The Contractor shall notify the Contracting Officer if the Contractor receives a notice of any change in the work, or if any other conditions arise that might cause or are actually causing delays that may result in completion of the project after the completion date. The Contractor shall notify the Contracting Officer of any change or other conditions on the approved schedule, and state in what respects, if any, the relevant schedule or the completion date should be revised. The Contractor shall notify the Government not more than ten (10) days following the first occurrence of the event giving rise to the delay or prospective delay. Revisions to the approved time schedule shall only be made with the approval of the Contracting Officer.

F.6 NOTICE TO PROCEED

(a) The Contracting Officer will provide a Notice to Proceed (NTP) following:

(1) Receipt of Construction Schedule

(2) Receipt of the deliverables stated in F.9 as applicable.

(2) Acceptance of these documents by the Contracting Officer.

The Contractor shall then proceed with the work required, commencing and completing performance not later than the time period established in the contract.

17 SBU - CONTRACTING AND ACQUISITIONS

(b) It is possible that the Contracting Officer may elect to issue the Notice to Proceed before receipt and acceptance of any insurance required. Issuance of a Notice to Proceed by the Government before receipt of the required insurance certificates or policies shall not be a waiver of the requirement to furnish these documents.

F.7 WORKING HOURS

All work shall be performed during 08:00 to 17:00 Sundays through Thursdays except for the holidays identified below. The Contracting Officer may approve other hours if the Contractor gives 24 hours notice in advance.

(a) The Department of State observes the following days as holidays:

New Year’s Day

Martin Luther King’s Birthday

Washington’s Birthday

Memorial Day

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving Day

Christmas Day

Junteenth day

Eid Al Fitr

Eid Al Adha

Saudi National Day

Saudi Founding Day

(b) 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. 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. 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.

F.8 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, (l0) Freight embargoes, 18 SBU - CONTRACTING AND ACQUISITIONS

(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:

(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.9 DELIVERABLES

The Contractor shall deliver the following items under this contract:

Description Quantity Delivery Date Deliver to

E.2. Inspection Reports 1

7 days after end of weekly period being reported COR

E.2. Quality Assurance/Control Plan 1 7 days after award COR

E.4. Request for Final Acceptance 1 5 days before inspection COR

Quality Control Report (QCR) Daily starts after the project commencement

COR

F.3. Installation Schedule 1 7 days after award COR

Site Utilization Plan 1 15 Days prior to actual work commencement

COR

F.5. Notice of Delay 1 Within 10 days after the event

Contracting

Officer

G.3. Payment Request 1

After completion and acceptance COR

H.2.3. Insurance 1 7 days after award

Contracting

Officer

H.11.1. Safety Plan and Activity

Hazard Analysis 1

7 days prior to actual work commencement COR

H.13.3. List of Personnel, tools, material, equipment 1 10 days after award COR

Project Execution Schedule (PES) 1 7 days prior to actual work commencement

COR

Handing-over documents

1. Material Technical Data

Sheet.

2. Material supplier list along with contact details.

1 15 Days upon the project completion

COR

19 SBU - CONTRACTING AND ACQUISITIONS

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 AUTHORITY OF CONTRACTING OFFICER

The Contractor shall perform all work shall be performed under the general direction of the Contracting

Officer, who alone shall have the power to:

(a) Bind the Government, and

(b) Exercise the rights, responsibilities, authorities and functions vested by the contract.

The Contracting Officer and the Procurement Executive shall have the right to designate authorized representatives to act for the Contracting Officer, as provided in the designation of that individual, such as an

OBO Project Director.

G.2 MONITORING OF THE CONTRACTOR

G.2.1. 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 the Facility Engineer

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.

G.3 PAYMENT

G.3.1 GENERAL

20 SBU - CONTRACTING AND ACQUISITIONS

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.

G.3.2 DETAIL OF PAYMENT REQUESTS

The Contractor’s requests for payment, which shall be made no more frequently than monthly shall cover the value of labor and materials completed and in place, including a prorated portion of overhead and profit and invoices shall be sent to:

US Consulate General Jeddah

Management Office

JeddahDBO@state.gov

G.3.3 PAYMENTS TO SUBCONTRACTORS

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

G.3.4 EVALUATION BY THE CONTRACTING OFFICER

The Contracting Officer shall make a determination as to the amount that is due after an inspection of the work. The Contracting Officer shall advise the Contractor if the Contracting Officer does not approve payment of the full amount applied for, less the retainage addressed in FAR 52.232-5.

G.3.5 ADDITIONAL WITHHOLDING

Independently of monies retained by the Government under FAR 52.232-5 the Government may withhold from payments due the Contractor any amounts 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 that 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 costs for failure to make adequate progress.

G.3.6. PAYMENT

In accordance with 52.232-27(a), the 14-day period identified in FAR 52.232-27(a)(1)(i)(A) is changed to 30 days.

21 SBU - CONTRACTING AND ACQUISITIONS

mailto:JeddahDBO@state.gov

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 INSURANCE

H.1.1 AMOUNT OF INSURANCE

The Contractor is required to provide whatever insurance is legally necessary under Section I, 52.228-5, "Insurance - Work on a Government Installation.” 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

Per Occurrence SAR500,000.00

Cumulative SAR1,000,000.00

(2) Property Damage, On or Off the Site

Per Occurrence SAR500,000.00

Cumulative SAR1,000,000.00

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:

(a) Any property of the Contractor,

(b) Its officers,

(c) Agents,

(d) Servants,

(e) Employees, or

(f) 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, except in the instance of gross negligence on the part of the Government.

22 SBU - CONTRACTING AND ACQUISITIONS

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.1.2 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.1.3 TIME FOR SUBMISSION OF EVIDENCE OF INSURANCE

The Contractor shall provide evidence of the insurance within ten (10) 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.

H.2 DEFINITIONS

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

(a) Contract Drawings or Drawings, means those drawings specifically listed in the executed 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 where 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 (NTP) means a written notice to the Contractor from the Contracting Officer authorizing the Contractor to incur obligations and proceed with the work under the contract as of a date in the

Notice.

(f) Other Submittals includes progress schedules, setting drawings, testing 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.

(h) Samples are physical examples that 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, 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 contact for construction of a portion of the project.

23 SBU - CONTRACTING AND ACQUISITIONS

(k) Work means any and all permanent construction that is intended to be incorporated into the finished project that must be performed or otherwise provided by the Contractor under this contract.

H.3 OWNERSHIP AND USE OF DOCUMENTS

H.3.1 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND MODELS

(a) Ownership. All specifications, drawings, and copies and models are the property of the

Government.

(b) Use and Return. The Contractor shall use the documents described in (a) only for this contract, not for other work or other contractors. The Contractor shall return additional copies provided to or made by the Contractor upon final completion of the work.

H.3.2 SUPPLEMENTAL DOCUMENTS

The Contracting Officer shall occasionally furnish detailed drawings and other information necessary to:

(a) Interpret, clarify, supplement, or correct inconsistencies, errors or omissions in the contract documents; or

(b) 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 at no increase in price or extension of time, unless the Contractor objects in writing within 20 days.

H.3.3 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,

(b) Contract modifications and change orders, or

(c) Any other departure from the contract requirements approved by the Contracting Officer, and

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

H.3.4 "AS-BUILT" DOCUMENTS

After final completion of the work, but before final acceptance, the Contractor shall provide complete sets of "as-built" drawings:

(a) Based on the record set of drawings,

(b) Marked to show the details of construction as actually accomplished, and

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

24 SBU - CONTRACTING AND ACQUISITIONS

H.4 GOVERNING LAW

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

H.5 LANGUAGE PROFICIENCY

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

H.6 LAWS AND REGULATIONS

H.6.1 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…