TABLE OF CONTENTS

A. SF-1442

B. PRICING

C. STATEMENT OF WORK

D. N/A

E. INSPECTION AND ACCEPTANCE

F. DELIVERIES AND PERFORMANCE

G. CONTRACT ADMINISTRATION DATA

H. SPECIAL CONTRACT REQUIREMENTS

I. CLAUSES

J. LIST OF ATTACHMENTS

-Attachment 1 Sample Bank Letter of guaranty -Attachment 2 Breakdown of Proposal Price by Division of specifications -Attachment 3 Architectural Drawings -Attachment 4 Structural Drawings -Attachment 5 Electrical Drawings -Attachment 5 - Specifications

PART 1 THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES

AND PRICES/COSTS

B.1 CONTRACT PRICE

The Contractor shall complete all work (including furnishing all labor, material, equipment and services) required under this contract for the following firm fixed price and within the time specified. This price shall include all labor, materials, overhead (including insurance required by FAR 52.228-3 -Hazard Insurance), and profit.

TOTAL PRICE INCLUDING ALL LABOR, MATERIALS,

OVERHEAD AND PROFIT

VAT

TOTAL

B.2 VALUE ADDED TAX

The Contractor shall include VAT as a separate charge on the Invoice and as a separate line item in Section B.

B.3 TYPE OF CONTRACT

This is a firm, fixed- price contract payable entirely in the currency indicated in SF-1442.

No additional sums will be payable for any escalation in the cost of materials, equipment or labor, or because of the Contractor's failure to properly estimate or accurately predict the cost or difficulty of achieving the results required. The Government will not adjust the contract price due to fluctuations in currency exchange rates. The Government will only make changes in the contract price or time to complete due to changes made by the Government in the work to be performed, or by delays caused by the Government.

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

SECTION C - DESCRIPTION/SPECIFICATIONS

STATEMENT OF WORK

C.1 CHARACTER AND SCOPE OF WORK

The Contractor shall furnish and install all materials required by this contract. The contract drawings are set forth in Section J as Attachment 3; 4 & 5 and the Specifications/Statement of Work are set forth in Section J as Attachment 6.

C.2 DRAWINGS

In case of differences between small and large-scale drawings, the latter will govern.

Where a portion of the work is drawn in detail and the remainder of the work is indicated in outline, the parts drawn in detail shall apply also to all other portions of the work.

C.3 ADMINISTRATIVE

C.3.1 Project Overview

The United States Government (USG), Department of State (DOS), Bureau of Overseas Buildings Operations (OBO) requires Construction Services for a Newly Acquired Building Staff Housing - Single Family in Johannesburg Consulate General - Johannesburg, South Africa. This Statement of Work (SOW) defines the services to be performed by the project development Construction Contractor, hereafter referred to as the Contractor. Refer to section 2.3 for project-specific programs.

C.3.1.1 Project Location and Description

The project is located on 0.2464 hectares (0.6089 acres) in the Edenburg Area. The official project address is 7 Trebyam Avenue, Edenburg, Sandton, Johannesburg, 2128, South Africa. The site is well developed. The structures that can be found on the site include a main residence, attached utility room and staff accommodation, a tool shed, car port and a swimming pool can be found on the site. The site is bounded along its perimeter by Trebyam Avenue to the north and residential properties to the South, East, and West.

C.3.1.2 Project Objective Construction

The Contractor shall provide complete construction services, contract coordination, and supervision, including but not limited to the management, and construction necessary to meet the requirements of this contract within the established schedules. Construction documents shall be developed in accordance with the RFP Contract Documents and referenced requirements. The Contractor shall execute the project consistent with the OBO mission to provide the most effective facilities for United States diplomacy abroad.

Construction shall be completed within the contract award amount, and construction shall be performed within the period of performance.

C.3.1.3 Contract Line-Item Numbers (CLIN)

Tasks and Deliverables not identified with a CLIN designation fall under CLIN 001.

The Contractor shall provide separately priced fee options for:

CLIN 001 Base Scope

CLIN 002 VAT

C.3.1.4 Limit of Design and Construction

Contractor shall work within the USG property line and as required outside the property line to complete the requirements of the contract. Contractor shall be responsible for coordination with local utility permit providers and costs related to connections to local services outside the USG property line. Work on property and outside the property line may include but is not limited to driveway connections, grading, drainage, temporary construction access, erosion control during construction and final stabilization. Repair of disturbed areas outside the USG property line shall meet or exceed the pre-contract condition.

Reference: Attachment J.3.2 Project Specific Drawings

C.3.1.5 Permits and License

Contractor is responsible for obtaining permits and associated fees (e.g., zoning, building approvals, utility, construction, and occupancy permits) and licenses required to execute the work.

Contractor shall provide drawings and other design documents needed to obtain those permits and licenses for which they are responsible, and official translations as

Contractor shall submit drawings to the COR for approval prior to releasing drawings to local permitting and licensing agencies for permits.

Permit documents, drawings, specifications, and calculations shall be sealed and

C.3.1.6 Work by Others

The Government may undertake or award other contracts for additional work at or near the site of the work under this contract. The Contractor shall fully cooperate with the other contractors and with Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The Contractor shall afford other entities reasonable opportunity for access to the site, introduction and storage of their materials and equipment, and performance of their activities, including USG required compliance inspections. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees.

Separate contractors working for the Government will accomplish the following

Inspections: USG compliance inspections Other contractors as required by the USG

C.3.1.7 Reserved

C.3.1.8 Reserved

C.3.1.9 Government Furnished Equipment (GFE)

The Contractor shall coordinate and install government provided equipment identified in the J.2 and J.3 documents as Government-Furnished Contractor- Installed (GFCI).

C.3.2 Reserved

C.3.3 Order of Precedence exists when two contract provisions contradict one another, such that it is impossible to comply with both provisions. For example, if one provision requires the contractor to meet certain minimum requirements, whereas another provision prohibits the contractor requires a contractor to meet certain minimum requirements, and second provision second provision will govern. The order of precedence for Section C and Section J is listed below, ranked from highest to lowest. Where disparities between requirements

This is a conflict resolution tool; refer to contract Section J for the definitive list of applicable documents that apply to this effort. This order of precedence shall be used to address conflicts within Section C and Section J. OPSR denotes OBO Project Standard Requirements. For order of precedence in other Contract sections, refer to Section H Special Contract Requirements

Section C J.3.7 Reserved J.3.5 Reserved J.2.1 Reserved J.3.2 Project-Specific Specifications J.3.2 Project-Specific Drawings J.3.1 Reserved J.2.2 Reserved J.2.3 Reserved J.2.4 Reserved J.3.2 Reserved J.2.5 OPSR 5 OBO Deliverable Requirements (ODR)

C.4 Requirements

The Contractor shall execute in accordance with the technical requirements identified and referenced herein.

C.4.1 Administrative Security Requirements This SOW requires that the Contractor perform only unclassified work. The SOW does not require personnel with security clearances. The Contractor shall mark, handle, and store documents with classification and sensitivity in accordance with the Security Classification Guide (SCG) and associated Bulletins as referenced below. The Contractor shall comply with security procedures during construction as described in Section G and other sections of the contract.

C.4.2 OBO Project Standard Requirements (OPSR) Documents

The Contractor shall use the 2025 Edition of OPSR 5 (OBO Deliverable Requirements) and applicable bulletins in the execution of this contract. In addition, applicable editions requirements and product standards, as of the contract date shall be used for the project.

Where a conflict arises between the OPSR and host country requirements, the Contractor shall seek direction or clarification from the COR or CO on which standard shall apply.

Reference: Attachment J.2 OBO Project Standard Requirements 5 (OPSR) and applicable bulletins

C.4.3 Project Specific Requirements

The Contractor shall use the project-specific documents described in B.2.3 and attached in J.3.2 for the execution of the Contract.

Reference: Attachment J.3.2 Project-Specific Design Drawings & Specifications.

C.4.3.1 Project-Specific Criteria Requirements

The selective improvement project includes exterior and interior security, and accessibility feature improvements to 7 Trebyam.

This project does not require the use of BIM. If models are produced and submitted, they shall comply with file source file requirements identified in the OBO Deliverable Requirements (ODR 1). This project does not require Cultural Heritage requirements.

Projects with cultural heritage designation shall confirm the preservation/conservation approach of the host nation regulations. In the absence of conservation regulations of heritage sites, the contractor shall use the U.S. Secretary of Interior Standards. The Contractor shall use the Project-Specific Criteria Requirements in the referenced attachment for the execution of the purchase order.

C 4.4 Project Safety Requirements

The Contractor shall compliance with US Army Corps of Engineers (ACOE) Safety and Health Requirements Manual (EM 385-1-1) and local labor codes, whichever is more stringent. The contractor shall also comply with DOSAR 652.236-70 additional safety measures. Available at https://www.acquisition.gov/dosar/652.236-70-additional-safety-measures.

The contractor shall immediately inform the CO or the COR if they have identified asbestos on site. The FAC/PS Asbestos Management program is responsible for the identification, documentation, management, and remediation of Asbestos-Containing Building Materials (ACBMs) located in Department of State properties worldwide. Post Asbestos Management Plans are developed and provided to every Post via the OBO FAC Apps Environmental database. FAC/PS also provides asbestos inspector training to Post personnel (Facility Managers, Maintenance Supervisors, A/POSHO) which includes training on the use of the FAC Apps Asbestos Management database. The FAC/PS Asbestos program also is responsible for the review of all Department and OBO building renovation plans to determine the potential impact on ACBMs present and designs and supervises remediation of the ACBMs in accordance with U.S. and local host-nation regulations.

Point of contact: Mike Riggs for oversight.

C.5 Tasks and Deliverables The Contractor shall develop deliverables in accordance with J.2.5 ODR 01 General Conventions. The Contractor shall utilize the project-specific three-letter airport code, and two-digit post code for file naming purposes for all design deliverables. The project-specific codes are Johannesburg, South Africa: JNB-W8. The general file naming is as follows:

The Contractor shall provide a table of contents of deliverables for each submission that contains the title and file name. Two (2) separate versions of deliverables are required, a source file and a record .pdf deliverable at each submission. The record .pdf version and the source files shall be uploaded to an approved OBO approved digital platform, (i.e., Projnet or Kahua). Digital data software versions change frequently, confer with USG in advance of the submission to confirm compatibility of a particular software application so that the digital files can be opened, read, and process without the need for translation or pre-processing. Create .pdf directly from the authoring software with quality consistent with the source file format and optimize and purge unnecessary metadata to minimize file size. Hard metric expressions shall be used for the preparation of submittals.

OBO owns, reuses, and manages information throughout the entire facility lifecycle, and places significant importance on the accurate creation, management, and stewardship of information associated with the project. Hard copies, digital files, models, and data developed for the project are the property of the USG. All submissions shall contain the following:

WARNING

Further reproduction and distribution are prohibited without the express written approval of U.S. Department of State, Consulate General Johannesburg, 1 Sandton Drive, Sandhurst, Johannesburg, 2146, South Africa.

ATTN: Contracting Officer

Reference: Attachment J.2.5 ODR 01 General Conventions

C.5.1 Project Management and Execution Plans The Contractor shall develop and maintain project management and execution. The Contractor shall develop final as-constructed as-built documents in accordance with ODR 05 BIM and CAD standards.

Reference: Attachment J.2.5 ODR 05 BIM and CAD Standards

The Contractor shall develop, update and submit project management and execution plans identified with each milestone design submittal. All project management and execution plans shall be submitted in both PDF format and the source file (e.g., excel).

Project Management Plan (PMP). The Contractor shall establish and maintain a project specific PMP. This plan identifies the Contractor key team members and consultants participating in the project. The Contractor shall provide names, job titles, and contact information for each team member. The Contractor shall develop in coordination with the COR a comprehensive task outline identifying project milestones, meetings, presentations, submissions, and reviews with specific calendar dates in accordance with the Notice to Proceed (NTP) schedule.

Quality Management Plan (QMP). The Contractor shall establish and maintain a project specific QMP to review and coordinate drawings, specifications, and other project documents before submittal. This includes identifying all interface points and controls between drawings and documents. Deficiencies, ambiguities, conflicts, and inconsistencies shall be rectified prior to the submittal of documents, or they will be rejected by the Contracting Officer. The letter of transmittal shall certify that all documents have been reviewed and coordinated prior to the submittal.

The Contracting Officer's Representative (COR) will review and approve the Quality Assurance/Quality Control (QA/QC) program proposed by the Contractor.

This program shall indicate the method of controlling the quality of all work produced by the Contractor and consultants. Refer to FAR Clause 52.236-23, "Responsibility of the Architect/Engineer Contractor." This plan establishes procedures for submittal and evaluation quality.

Construction Safety Management System (CSMS). The Contractor shall establish and maintain a project specific Construction Safety Management System that includes but is not limited to a Site-Specific Safety Plan, Construction Safety Program, and Health and Safety Plan. The Contractor shall make use of the U.S.

Army Corps of Engineers Safety and Health manual EM 385-1-1 when establishing and maintaining the Construction Safety Management System. The contractor and all subcontractors shall comply with the latest edition of the U.S. Army Corps of Engineers Safety and Health manual EM 385-1-1, or OSHA 29 CFR parts 1910 or 1926 if no EM 385-1-written Construction Safety Management System. The contractor shall ensure proper waste disposal and site cleanliness, implement erosion control measures during construction and final stabilization, apply dust suppression for earthworks activities, and take necessary precautions to protect neighboring properties and structures.

C.5.2 Meetings The Contractor shall participate in the post-RFP Award project partnering agreement. The USG believes that the performance of this project will be enhanced by the creation and implementation of a formal Partnering Agreement. 30 days after contract award the USG project formalize a mutually agreed formal process for developing a collaborative environment for the project so that trust, communication, and cooperation are the norm. The inclusion of the Partnering Process is intended to foster an effective working environment within and between our project teams.

Contractor attendees shall include professionals as required to support the meeting efforts listed below. The contactor shall prepare meeting agendas advance and coordinate with the COR prior to distribution. The Contractor is required to document in writing, meeting notes, as a record of decisions and submit to the Contracting Officer Representative (COR) within seven days of the meeting. Meeting notes shall conclude with the following statement The matters reported in this document are considered by the Contractor to be within the scope of this contract as presently priced, except for items [Note to Contractor: identify items or state "none"] as further described below."

Kick-Off Meeting. The Contractor shall coordinate a post award kick-off meeting with the Contracting Officer Representative (COR) to introduce the team review of the available project information, the scope of work that relates to this effort, deliverables, project history, risk management, goals, and visioning session for the project.

Coordination Conference Calls. The Contractor shall organize, participate and document in conference calls or virtual meetings with the COR regularly throughout the period of performance. The purpose of these conference calls is to discuss project progress, address design and technical issues, and discuss other project issues requiring immediate resolution. Please refer to the COR for frequency of Coordination Conference calls, Bi-weekly or monthly is recommended.

C.5.3 Reserved

C.5.4 Assessments AND Surveys

The Contractor shall provide surveys and assessments as required by the execution of the contract. The Contractor shall use the referenced OBO Deliverable Requirements by type of assessment or survey for the execution of the contract.

Reference: Attachment J.2.5 ODR 11 Survey Standards

C.5.5 Studies, Strategies and Design

The Contractor shall generate As-Constructed As-Built Documents complying with ODR 5 - BIM and CAD Standards. The Contractor shall use field surveys to ascertain and accurately depict the location of installed structural, architectural, mechanical, electrical, and plumbing/fire protection elements. Confirm and locate the size of mechanical, electrical, telecommunication, TSS, and plumbing/fire protection riser chases. Separate drawing sets shall be created for each discipline. Drawings shall be submitted in Archival and Source Files formats. The USG shall be the exclusive owner of this documentation.

C.5.6 Reports and Specifications The Contractor shall provide reports and specifications as required by the execution of the contract. The Contractor shall use the referenced OBO Deliverable Requirements for specific by type of report for the execution of the contract.

Reference: Attachment J.2.5 ODR 06 Reports and Specifications Standards

C.5.7 Submittals

The Contractor shall provide all required submittals in accordance with the following guidelines to ensure proper review and approval before execution of the work:

Submission Timelines: All submittals, including but not limited to shop drawings, material certifications, and welding documentation, must be submitted to the Contracting Officer's Representative (COR) for review and approval at least 10 working days prior to the commencement of related work.

Shop Drawings: Detailed shop drawings must include dimensions, connections, anchorage details, and any other relevant technical specifications. Drawings must be signed and stamped by a licensed professional where applicable.

Material Certifications: Certifications for all structural steel, concrete, protective coatings, and other materials must be submitted to verify compliance with project specifications.

Approval Process: The Contractor shall not proceed with procurement or installation of materials or execution of work until the COR has provided written approval of the submittals. Any revisions required by the COR must be addressed and resubmitted within 5 working days of receiving comments.

Record Submittals: Upon project completion, the Contractor shall provide "as-built" drawings and final material certifications reflecting the actual construction.

C.6 Reserved

C.7 Attachments

J.1 Reserved

J.2 OBO PROJECT STANDARD REQUIREMENTS (OPSR)

J.2.1 Reserved

J.2.2 Reserved

J.2.3 Reserved J.2.4 Reserved

J.2.5 OPSR 5 OBO Deliverable Requirements (ODR) 2026 (Unclassified) o J.2.5 ODR 01 General Conventions o J.2.5 ODR 05 BIM and CAD Standards o J.2.5 ODR 06 Reports and Specifications Standards o J.2.5 ODR 11 Survey Standards

J.2.6 Reserved

J.2.7 OPSR 7 OBO Standard Templates (OST) 2026 (Unclassified) J.2.7-OPSR7-OST01-PMP.xlsx

J.3 OBO PROJECT-SPECIFIC REQUIREMENTS DOCUMENTS

J.3.1 Reserved

J.3.2 Project-Specific Documents (Unclassified)

J.3.2.1- JNB-W8_ Architectural Drawings -2025-12-11(Unclassified).pdf

J.3.2.2- JNB-W8_ Structural Drawings -2025-10-23(Unclassified).pdf

J.3.2.3- JNB-W8_Electrical Drawings-2025-12-11(Unclassified).pdf

J.3.2.3- JNB-W8_Unpriced BoQ-2025-12-11(Unclassified).pdf

SECTION D - PACKAGING AND MARKING

D.1 The Contractor shall mark materials delivered to the site as follows:

N/A

SECTION E - INSPECTION AND ACCEPTANCE

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. In addition, the full text of a clause may be accessed electronically at:

Acquisition.gov this address is subject to change.

If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use the Department of State Acquisition website at e-CFR to see the links to the FAR. You may also location of the most current FAR.

THE FOLLOWING FEDERAL ACQUISITION REGULATION CLAUSE(S) IS/ARE

INCORPORATED BY REFERENCE (48 CFR CH. 1):

CLAUSE TITLE AND DATE

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

(AUG 2020)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

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

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

52.246-26 REPORTING NONFORMING ITEMS (AUG 2024)

E.2 QUALITY ASSURANCE

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

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

E.2.1 MONTHLY REPORT: The Contractor shall submit to the COR a monthly progress report, along with the monthly invoice, summing up observations resulting from the inspections, progress, difficulties or irregularities encountered, resolution of problems, measures taken to improve conditions, recommendations, and other matters related to this contract.

E.2.2. INSPECTION BY GOVERNMENT: The COR, or his/her authorized representatives, will inspect from time to time the services being performed and the supplies furnished to determine whether work is being performed in a satisfactory manner, and that all supplies are of acceptable quality and standards.

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

E.3 SUBSTANTIAL COMPLETION

E.3.1 DEFINITIONS

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

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

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

(b) The "date of substantial completion" means the date determined by the

Contracting Officer or authorized Government representative as of which substantial completion of the work has been achieved.

E.3.2 USE AND POSSESSION UPON SUBSTANTIAL COMPLETION

The Government shall have the right to take possession of and use the work upon substantial completion. Upon notice by the Contractor that the work is substantially complete (a Request for Substantial Completion) and an inspection by the Contracting Officer or an authorized Government representative (including any required tests), the Contracting Officer shall furnish the Contractor a Certificate of Substantial Completion.

The certificate shall be accompanied by a Schedule of Defects listing items of work remaining to be performed, completed or corrected before final completion and acceptance. Failure of the Contracting Officer to list any item of work shall not relieve the Contractor of responsibility for complying with the terms of the contract. The Government's possession or use upon substantial completion shall not be deemed an acceptance of any work under the contract.

E.4 FINAL COMPLETION AND ACCEPTANCE

E.4.1 DEFINITIONS

(a) "Final completion and acceptance" means the stage in the progress of the work as determined by the Contracting Officer and confirmed in writing to the Contractor, at which all work required under the contract has been completed in a satisfactory manner, subject to the discovery of defects after final completion, and except for items specifically excluded in the notice of final acceptance.

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

E.4.2 FINAL INSPECTION AND TESTS

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

E.4.3 FINAL ACCEPTANCE

If the Contracting Officer is satisfied that the work under the contract is complete

(with the exception of continuing obligations), the Contracting Officer shall issue to the Contractor a notice of final acceptance and make final payment upon:

(a) satisfactory completion of all required tests,

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

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

SECTION F - DELIVERIES OR PERFORMANCE

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. In addition, the full text of a clause may be accessed electronically at:

Acquisition.gov this address is subject to change.

If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use

THE FOLLOWING FEDERAL ACQUISITION REGULATION CLAUSES ARE

52.242-14 SUSPENSION OF WORK (APR 1984)

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

(APR 1984)

The Contractor shall be required to:

(a) commence work under this contract within 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 X Weeks after notice to proceed.

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

F.3 LIQUIDATED DAMAGES

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

(a) If the Contractor fails to complete the work within the time specified in the contract, or any extension, the Contractor shall pay liquidated damages to the Government in the amount OF $300 per day for each day of delay until the work is completed or accepted.

(b) If damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Default clause.

F.3.2. ASSESSMENT AND APPORTIONMENT OF LIQUIDATED DAMAGES

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

F.4 CONTRACTOR'S SUBMISSION OF CONSTRUCTION SCHEDULES

(a) The time for submission of the schedules referenced in Section I, 52.236-15, "Schedules for Construction Contracts", paragraph (a), is hereby modified to reflect the due date for submission as "ten (10) days after receipt of an executed contract".

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

(c) The Contractor shall revise such schedules (1) to account for the actual progress of the work, (2) to reflect approved adjustments in the performance schedule, and (3) as required by the Contracting Officer to achieve coordination with work by the Government and any separate contractors used by the Government. The Contractor shall submit a schedule which sequences work so as to minimize disruption at the job site.

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

F.5 ACCEPTANCE OF SCHEDULE

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

F.6 NOTICE OF DELAY

If the Contractor receives a notice of any change in the work, or if any other conditions arise which are likely to cause or are actually causing delays which the Contractor believes may result in late completion of the project, the Contractor shall notify the Contracting Officer. The approved schedule, and shall state in what respects, if any, the relevant schedule or the completion date should be revised. The Contractor shall give this notice not more than ten (10) days after the first event-giving rise to the delay or prospective delay. Only the Contracting Officer may make revisions to the approved time schedule.

F.7 NOTICE TO PROCEED

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

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

F.8 WORKING HOURS

All work shall be performed during working hours:

Monday through Thursday: 07:00 to 17:00 Friday: 07:00 to 13:00

(except for the holidays identified below. Other hours, if requested by the Contractor, may be approved by the Contracting Officer's Representative. The Contractor shall give 24 hours in advance to COR who will consider any deviation from the hours identified above. Changes in work hours will not be a cause for a price increase.

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

New Year's Day Martin Luther King's Birthday

Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day Local Holidays (South Africa)

Human Rights Day Good Friday Family Day

Freedom Day

Youth Day

Heritage Day Day of Reconciliation Day of Goodwill

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

When any such day falls on a Saturday, the preceding Friday is observed; when any such day falls on a Sunday, the following Monday is observed. 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, unless authorized pursuant to an overtime clause elsewhere in this contract.

F.9 EXCUSABLE DELAYS

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

(l) 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,

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

(12) unusually severe weather.

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

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

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

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

F.10 PRE-CONSTRUCTION CONFERENCE

A preconstruction conference will be held 10 days after contract award at Trebyam 7, Edenburg, Sandton, Johannesburg, South Africa, 2128 to discuss the schedule, submittals, notice to proceed, mobilization and other important issues that affect construction progress. See FAR 52.236-26, Pre-Construction Conference in Section I.

F.11 DELIVERABLES

The following items shall be delivered under this contract:

Description Quantity Delivery Date Deliver To:

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

CO

H.11.1. Safety Plan 1 NLT 10 days after award

COR

E.2. Quality Assurance Plan 1 NLT 10 days after award

COR

F.4. Construction Schedule 1 NLT 10 days after award

COR

H.14.1. Submittal Register 1 NLT 10 days after award

COR

F.10. Pre-Construction Conference

1 10 days after award COR

H.13.2. Biographic Data on Personnel

1 10 days after award COR

E.2.2. Inspection Reports 1 3 days after end of weekly period

COR

G.3.2 Payment Request 1 Last day of each month

COR

E.2.1. Monthly Progress Report 1 7th day of the following month

COR

F.4.(c). Updates to Construction Schedule

1 Last day of each month

COR

E.3.2. Request for Substantial Completion

1 5 days before inspection

COR

H.4.4. As-built Drawings and Warranties

1 After final completion but before final acceptance

COR

E.4.2. Request for Final Acceptance

1 5 days before inspection

COR

F.6 Notice of Delay 1 Within 10 days after event

CO

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

COR

H.2.4 Evidence of Insurance 1 10 days after award CO H.17.2 Differing Site Condition 1 Within 10 days of occurrence

CO

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 AUTHORITY OF CONTRACTING OFFICER

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

G.2 MONITORING OF THE CONTRACTOR

G.2.1. 652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

(AUG 1999)

(a) The Contracting Officer may designate in writing one or more Government employees, by position title, to take action for the Contracting Officer under this contract.

Each designer 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 Facilities Manager, Johannesburg Consulate

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

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

G.3.2 DETAIL OF PAYMENT REQUESTS

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

SAInvoice@state.gov

G.3.3 PAYMENTS TO SUBCONTRACTORS

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

G.3.4 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 shall 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.

G.3.5 ADDITIONAL WITHHOLDING

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

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

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

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

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

This withholding is independent of monies retained by the Government under

FAR 52.232-5, or otherwise as permitted to be retained under this contract.

G.3.6. PAYMENT

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

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 BOND/IRREVOCABLE LETTERS OF CREDIT REQUIREMENTS

H.1.1 BONDS/IRREVOCABLE LETTERS OF CREDIT REQUIRED

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

H.1.2 TIME FOR SUBMISSION

The Contractor shall provide the bonds or alternate security as required by the paragraph H.1.1 above within ten (10) days after contract award. Failure to submit (1) the required bonds or other security acceptable to the Government in a timely manner; (2) bonds from an acceptable surety; or (3) bonds in the required amount, may result in rescinding or termination of the contract by the Government. If the contract is terminated, the Contractor will be liable for those costs as described in FAR 52.249-10, "Default (Fixed-Price Construction).

H.1.3 COVERAGE

The bonds or alternate performance security shall guarantee the Contractor's execution and completion of the work within the contract time and the correction of any defects after completion as required by this contract, the payment of all wages and other amounts payable by the Contractor under its subcontracts or for labor and materials, and the satisfaction or removal of any liens or encumbrances placed on the work.

H.1.4 DURATION OF COVERAGE

The required performance and payment securities shall remain in effect in the full amount required until final acceptance of the project by the Government. Upon final acceptance, the penal sum of the performance security only shall be reduced to 10% of the contract price. The performance security shall remain in effect for one year after the date of final completion and acceptance, and the Contractor shall pay any premium required for the entire period of coverage.

The requirement for payment security terminates at final acceptance.

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

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

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

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

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

(d) An irrevocable letter of credit (ILC) used as security will expire before the end of the period of required security. If the Contractor does not furnish an acceptable extension or expiration, the Contracting Officer has the right to immediately draw on the ILC.

H.2 INSURANCE

H.2.1 AMOUNT OF INSURANCE

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

General Liability (includes premises/operations, collapse hazard, products, completed operations, contractual, independent contractors, broad form property damage, personal injury)

General Liability:

(1) Bodily injury on or off site stated in U.S. dollars:

Per Occurrence $2,500 Cumulative $15,000

(2) Property damage on or off site in U.S. dollars:

Per Occurrence $2,500 Cumulative $25,000

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

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

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

H.2.2 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.2.3 INSURANCE-RELATED DISPUTES

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

H.2.4 TIME FOR SUBMISSION OF EVIDENCE OF INSURANCE

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

H.3 DEFINITIONS

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

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

Day means a calendar day unless otherwise specifically indicated.

Host Country means the country in which the project is located.

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

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

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

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.

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

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

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

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

H.4 OWNERSHIP AND USE OF DOCUMENTS

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

(a) OWNERSHIP. All specifications, drawings, and copies thereof, and models, are the property of the Government.

(b) USE AND RETURN. The Contractor shall not use or allow others to use the documents described in (a) above on other work.