20200619 DRAFT IFB_72044020B00001 USAID 2nd Interim Measures for Dioxin Remediation at Bien Hoa Airbase Area (IM2).pdf

DRAFT IFB ONLY - DRAFT IFB ONLY - DRAFT IFB ONLY

DRAFT IFB DATE ISSUED : June 19, 2020

VIRTUAL PRESOLICITATION CONFERENCE : July 7, 2020

FINAL IFB DATE ISSUED : TBD

CLOSING DATE FOR QUESTIONS : TBD

PRE-BID REGISTRATION DEADLINE : TBD

PRE-BID CONFERENCE/SITE WALK : Tentatively August TBD, 2020

CLOSING DATE TO RECEIVE BIDS : Tentatively September TBD, 2020

VIRTUAL BID OPENING : Tentatively September TBD, 2020 at USAID/Vietnam Office in Hanoi OR at another location determined by USAID.

SUBJECT: Invitation for Bids (IFB) No. 72044020B00001 USAID Second Interim Measures for Dioxin

Remediation at Bien Hoa Airbase Area (IM2)

Dear Prospective Bidders:

The United States Agency for International Development in Vietnam (USAID/Vietnam) issues an Invitation For Bid (IFB) for a construction contract for USAID Second Interim Measures for Dioxin Remediation at Bien Hoa Airbase Area (IM2). In accordance with Geographic Code 937, US and Vietnamese firms are eligible to participate in this IFB. This competition is not restricted to small businesses.

Bidders must be registered with www.sam.gov (see Section L) and hold required licenses and registrations as specified in Section C. The interested Bidders must provide valid registration certificates issued by the relevant ministries to satisfy the evaluation panel that potential Bidders are authorized to perform the work specified in the IFB and have maintained registration as required. The data provided by the Bidders will be validated through relevant databases.

USAID/Vietnam will follow Federal Acquisition Regulations (FAR) Part 36 Construction and Architect – Engineer procedures for this procurement. The final evaluation of the bids will result in the issuance of a firm fixed price (FFP) sealed bid award per the Federal Acquisition Regulation (FAR) 14 to provide construction services as described in the attached IFB solicitation subject to availability of funds. The FFP contract period of performance is approximately 20 months from the Contract award date.

USAID anticipates awarding a single award under this IFB solicitation. The estimated magnitude of the base bid of the Activity, as described in IFB Section C is between $12,000,000 and $18,000,000.

Instructions for responding to this IFB solicitation are provided in Section L and USAID will evaluate bids per IFB Section M. USAID will award a contract per FAR 36, FAR 14, and FAR 16.202.

Questions regarding this IFB must be submitted via e-mail to the points of contact identified in Section L no later than the date and time for questions stated above. Unless otherwise notified by an amendment to this IFB, USAID will not respond to questions after the deadline or by phone. Offerors must not submit questions to any other USAID staff. All questions submitted will be responded to in writing through an amendment to the IFB which will be publicly posted on www.beta.sam.gov.

http://www.sam.gov/ http://www.sam.gov/ http://www.beta.sam.gov/

U.S. Agency for International Development 15/F Tung Shing Square Building 2 Ngo Quyen Street Hanoi, Vietnam

Tel: + 84-4-3935-1260 Fax: + 84-4-3935-1265 Web: vietnam.usaid.gov

USAID will hold a virtual pre-solicitation conference on the date noted on the cover page upon issuance of the draft IFB. Interested Bidders who in response to the pre-solicitation notice issued on June 15, 2020 will shortly receive invitation for this virtual pre-solicitation conference. Other interested Bidders who wish to participate in this event may provide their contact information to the contacts listed in this notice no later than June 24, 2020 at 3:00 PM VN local time. Any proposals/questions submitted in response to this notice, apart from expressing interest to attend the virtual pre-solicitation conference, will not be considered.

Bids will be accepted electronically by the closing date and time shown above and in accordance with the instructions contained in Section L.5 of the IFB.

Prior to bids being submitted, USAID/Vietnam will hold a pre-bid conference and site walk at the date and time shown above. The tentative details and agenda for the pre-bid conference and site walk will be provided later as an amendment to the IFB, which is for information purposes only and subject to change at the discretion of USAID.

NOTE: Attendance at the pre-bid conference and site walk is mandatory in order to submit a bid in response to this solicitation. Bidders may send no more than two (2) representatives to attend the pre-bid conference and site walk. Please note that the Airbase security protocols for site access approval require submission of personal identification, such as passport or Personal ID, three weeks in advance. To confirm attendance, bidders must pre-register for the meeting by emailing to the points of contact identified in Section L, with the subject line "IFB No.

No. 72044020B00001 Pre-bid Conference and Site Walk Registration". The email must contain the name of the firm and the names of the firm's representatives that will attend the meeting and attach a clear copy of each individual passport or Personal ID. The deadline for the registration is a (date TBD) by 9:00 AM, Hanoi time.

Questions regarding the submittal of bids and the venue for opening of bids will be informed during the pre-bid conference and later as an amendment to this IFB.

Issuance of this IFB in no way obligates USAID to award a contract, nor does it commit USAID to pay any cost incurred in the preparation and submission of a proposal. USAID reserves the right to reject any and all offers received. Award of a contract under this IFB is subject to availability of funds and other internal USAID approvals.

Final award of any resultant contract cannot be made until funds have been fully appropriated, allocated, and committed through USAID’s internal procedures. USAID bears no responsibility for data errors resulting from transmission or conversion processes.

Yours truly, /s/

Suzanne H. Johnson Contracting Officer USAID/Vietnam https://beta.sam.gov/opp/900f7c56271142038c421f55389d8f9e/view

TABLE OF CONTENTS

ACRONYMS 6

SECTION B – SUPPLIES OR SERVICES AND PRICE 7

B.1 PURPOSE 7

B.2 CONTRACT TYPE 7

B.3 CONTRACT FIXED PRICE 7

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK 8

C.1 TITLE OF ACTIVITY 8

C.2 OBJECTIVE 8

C.3 BACKGROUND 8

C.4 DESCRIPTION OF ACTIVITY 8

C.5 GENERAL WORK REQUIREMENTS 10

C.6 REQUIRED REGISTRATION AND LICENSES 10

SECTION D – PACKAGING AND MARKING 11

D.1 AIDAR 752.7009 MARKING (JAN 1993) 11

D.2 BRANDING STRATEGY 11

D.3 REQUIRED BRANDING AND MARKING 11

SECTION E – INSPECTION AND ACCEPTANCE 12

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 12

E.2 FINAL COMPLETION AND ACCEPTANCE 12

SECTION F - DELIVERIES OR PERFORMANCE 13

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 13

F.2 PERIOD OF PERFORMANCE 13

F.3 PLACE OF PERFORMANCE 13

F.4 PERFORMANCE STANDARDS 13

F.5 REPORTS AND DELIVERABLES 13

F.6 KEY PERSONNEL 16

F.7 PRE-CONSTRUCTION CONFERENCES 16

F.8 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APRIL 1984) 16

F.9 FAR 52.211-12 LIQUIDATED DAMAGES – CONSTRUCTION (SEP 2000) 17

SECTION G – CONTRACT ADMINISTRATION 18

G.1 AIDAR 752.7003 DOCUMENTATION FOR PAYMENT (NOV 1998) 18

G.2 CONTRACTING OFFICER’S AUTHORITY 19

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR) 19

G.4 TECHNICAL DIRECTION/RELATIONSHIP WITH USAID 19

G.5 RESPONSIBILITIES OF CONSTRUCTION MANAGEMENT CONTRACTOR (CMC) 20

G.6 PAYMENT 22

G.7 GOVERNMENT OF VIETNAM TAX REQUIREMENTS 22

G.8 ACCOUNTING AND APPROPRIATION DATA 22

SECTION H – SPECIAL CONTRACT REQUIREMENTS 23

H.1 AUTHORIZED GEOGRAPHIC CODE 23

H.2 ELECTRONIC PAYMENTS SYSTEM 23

H.3 SUBCONTRACTING 23

H.4 LIMITATION ON ACQUISITION OF INFORMATION TECHNOLOGY (APRIL 2018) 23

H.5 CLOUD COMPUTING (MAY 2018) 24

H.6 COMPLIANCE WITH SECTION 508 OF THE REHABILITATION ACT OF 1973, AS AMENDED 28

H.7 ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY (APRIL 2018) 28

H.8 LOGISTIC SUPPORT 29

H.9 RESTRICTIONS AGAINST DISCLOSURE (MAY 2016) 29

H.10 USAID-FINANCED THIRD-PARTY WEB SITES (NOVEMBER 2017) 29

H.11 ENVIRONMENTAL COMPLIANCE 30

H.12 SUBMISSION OF DATASETS TO THE DEVELOPMENT DATA LIBRARY (DDL) (OCTOBER 2014) 31

H.13 DEFENSE BASE ACT (DBA) INSURANCE 32

H.14 USAID DISABILITY POLICY - ACQUISITION (DECEMBER 2004) 32

H.15 PROHIBITION OF ASSISTANCE TO DRUG TRAFFICKERS 33

H.16 EXECUTIVE ORDER ON TERRORISM FINANCING (FEBRUARY 2002) 33

H.17 EXCHANGE VISITORS AND TRAINING 33

H.18 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL CONFERENCES (JANUARY 2002) 33

H.19 STANDARDS FOR ACCESSIBILITY FOR THE DISABLED IN USAID CONSTRUCTION CONTRACTS (JULY 2007) 33

H.20 PRESS RELEASES, PUBLIC NOTICES, AND MEDIA CONTACTS 34

H.2125 INSURANCE 34

H.24 RECORDS, INFORMATION, DOCUMENTS, AND MATERIALS 35

H.25 OWNERSHIP AND USE OF DOCUMENTS 35

H.26 LANGUAGE PROFICIENCY 36

H.27 LIMITING PLASTIC POLLUTION AND MISMANAGED WASTE (MAR 2020) 36

PART II – CONTRACT CLAUSES 37

SECTION I – CONTRACT CLAUSES 37

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 37

I.2 752.252-2 AIDAR CLAUSES INCORPORATED BY REFERENCE (MAR 2015) 39

I.3 FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989) 39

I.4 FAR 52.209–9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) 39

I.9 FAR 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984) 41

I.10 52.243-7 NOTIFICATION OF CHANGES (JAN 2017) 41

I.11 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 42

I.12 AIDAR 752.252-2 AIDAR CLAUSES INCORPORATED BY REFERENCE (MAR 2015) 43

I.13 AIDAR 752.7038 NONDISCRIMINATION AGAINST END-USERS OF SUPPLIES OR SERVICES (OCT 2016) 43

I.14 AIDAR 752.7101 VOLUNTARY POPULATION PLANNING ACTIVITIES (JUN 2008) 43

I.15 FAR 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017) 43

I.16 AIDAR 752.229-71 REPORTING OF FOREIGN TAXES (JULY 2007) 44

I.17 AIDAR 752.7005 SUBMISSION REQUIREMENTS FOR DEVELOPMENT EXPERIENCE DOCUMENTS (SEP 2013) 45

I.18 AIDAR 752.231-72 CONFERENCE PLANNING AND REQUIRED APPROVALS (AUG 2013) 45

I.19 AIDAR 752.7037 CHILD SAFEGUARDING STANDARDS (AUG 2016) 47

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS 49

SECTION J – ATTACHMENTS 49

PART IV – REPRESENTATIONS AND INSTRUCTIONS 50

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS 50

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE 50

K.2 FAR 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS-REPRESENTATION (JAN 2017) 50

K.3 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020) 51

K.4 FAR 52.204.16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016) 53

K.5 FAR 52.204-20 PREDECESSOR OF OFFEROR (JUL 2016) 54

K.6 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (DEC 2019) 54

K.7 FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015) 55

K.8 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) 56

K.9 FAR 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS – CERTIFICATION (JUN 2018) 57

K.10 FAR 52.209-12 CERTIFICATION REGARDING TAX MATTERS (FEB 2016) 58

K.11 FAR 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS – CERTIFICATION (JUN 2018) 58

K.12 FAR 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (JUN 2020) 59

K.13 FAR 52.230-7 PROPOSAL DISCLOSURE—COST ACCOUNTING PRACTICE CHANGES (APR 2005) 61

K.14 INSURANCE—IMMUNITY FROM TORT LIABILITY 61

K.15 AUTHORIZED NEGOTIATORS 62

K.16 SIGNATURE 62

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS 63

L.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 63

L.2 GENERAL INSTRUCTIONS TO BIDDERS 63

L.3 RECEIPT OF BIDS AND DELIVERY INSTRUCTIONS 66

L.4 INSTRUCTIONS FOR PREPARATION OF THE BID 67

L.5 PRE-BID CONFERENCE AND SITE VISIT 67

L.6 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006) 67

L.7 FAR 52.228-1 BID GUARANTEE (SEPT 1996) 68

SECTION M – EVALUATION FACTORS FOR AWARD 69

M.1 EVALUATION OF BIDS 69

ACRONYMS

A/COR Alternate/Acting Contracting Officer’s Representative AAPD Acquisition and Assistance Policy Directive ADAFC Air Defense-Air Force Command-Vietnam ADS Automated Directives System AIDAR USAID Acquisition Regulation BEO Bureau Environmental Officer BMP Branding and Marking Plan CFR Code of Federal Regulations CMC Construction Management Consultant CO Contracting Officer COR Contracting Officer’s Representative CPAR Contractor Performance Assessment Reports DDL Development Data Library DONDRE Department of Natural Resources and Environment-Dong Nai Province Vietnam DU Decision Units EIA Environmental Impact Assessment EMMP Environmental Mitigation and Monitoring Plan FAR Federal Acquisition Regulations FedRAMP Federal Risk and Authorization Management FIPS Federal Information Processing Standards FISMA Federal Information Security Management Act G2L Gate 2 Lake GVN Government of Vietnam HCTS High Concentration Temporary Storage HDPE High-density polyethylene IEE Initial Environmental Examination IFB Invitation for Bids IM2 USAID Second Interim Measure for Dioxin Remediation at Bien Hoa Airbase Area LTSA Long-term Storage Area MND Ministry of National Defense-Vietnam NARA National Archives and Records Administration NIST National Institute of Standards & Technology NTP Notice to Proceed O&M Operations and Maintenance OAA Office of Acquisition and Assistance OMB Office of Management and Budget PI Pacer Ivy PII Personally Identifiable Information RCE Request for Categorical Exclusion SA&A Security Assessment & Authorization SLAs Service Level Agreements SOV Schedule of Values SOW Statement of Work SP Special Publications SSN Social Security Number SW Southwest TBD To Be Determined TEQ Toxicity Equivalence TIC Trusted Internet Connection ToS Terms of Services UCDDA Uncontaminated Construction Debris Disposal Area USAID United States Agency for International Development USG United States Government VAT Value-Added Tax

PART I - THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICE

B.1 PURPOSE

The purpose of this Contract is to provide services specified in Section C. Statement of Work

B.2 CONTRACT TYPE

This is a Firm Fixed Price Contract payable entirely in U.S. dollars. 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. This price will include all labor, equipment, materials, other direct costs, overhead, and profit.

The price excludes all taxes and duties exempted in the Economic and Technical Agreement signed by the Government of Vietnam and the U.S. Government on June 22, 2005.

B.3 CONTRACT FIXED 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 in section F. The firm fixed price shall be based on the quantities indicated on the Bid Form in Attachment J. 2.

Total Contract Price: TBD

[END OF SECTION B]

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 TITLE OF ACTIVITY

USAID Second Interim Measure for Dioxin Remediation at Bien Hoa Airbase Area or “IM2”.

C.2 OBJECTIVE

The primary IM2 objective is to address, in the short-term, significant potential human health and ecological risks from dioxin contamination in advance of other, longer-term USAID Dioxin Remediation of the Bien Hoa Airbase Area Project (the Project) activities.

C.3 BACKGROUND

The Dioxin Remediation at Bien Hoa Airbase Area Project (the Project) is one of the highest priority United States Government (USG) activities in Vietnam. This contract, IM2, will support the Project through provision of remediation work in several on and off-base areas with high levels of dioxin contamination that pose important exposure risks because they are in high traffic areas. IM2 will also complete facilities required to support later Project activities including the Long-term Storage Area (LTSA) site, as well as an access road and fencing.

C.4 DESCRIPTION OF ACTIVITY

The IM2 Work Site is in the area of Bien Hoa Airbase in Bien Hoa, Dong Nai Province, Vietnam. The IM2 Work Site includes the following locations: the High Concentration Temporary Storage (HCTS) in the Pacer Ivy area of the Airbase; the Long-Term Storage Area (LTSA) north of the Airbase runway; Southwest (SW) Decision Units (DUs) in the SW area of the Airbase, and the following off-base areas: MND-A42, G2L, an area to the northwest of Gate 3 encompassing the DUs-A1, PI-12, and PI-15; and an area to the southeast of Gate 3 encompassing DONDRE-A2.

The Contractor will deliver complete and operational HCTS and LTSA facilities, dioxin remediated areas in the SW DUs and two off-base DUs including surface restoration, a rehabilitated/reconstructed access road, and fencing of two off-base areas in accordance with the drawings and specifications in Attachment J (TBD). The work components of this Contract includes, but is not limited to, the following brief description of improvements.

1. Long-Term Storage Area (LTSA): Construction of a new storage area at a location north of the Airbase runway, capable of storing up to 300,000 cubic meters (m3) of excavated low concentration dioxin-contaminated soils and sediments (the total estimated volume of low concentration soil and sediment, i.e., with dioxin concentrations less than 1,200 ppt toxicity equivalence (TEQ), to be stored in the LTSA over the life of the Project according to the Ministry of National Defense (MND) Decision No. 3869 /QD-BQP. In addition, the IM2 Contractor will safely store all low dioxin concentration soil and sediment from the IM2 Dig and Haul component in this new facility. To accomplish these objectives, the IM2 contractor must:

● Clear and chip site vegetation, including roots, set aside for later use, mix with soil and use for surface restoration in the LSTA.

● Prepare a base for the LTSA with a minimum of 1.5 meters (m) separation from the projected high groundwater elevation to the stored contaminated soil and sediment as shown in the drawings. Install a bottom geotextile layer over the base to be loaded with soil and sediment from the IM2 Dig and Haul component. Procure geotextile for the remainder of the LTSA base and handover to USAID upon contract completion.

● Set aside boulders encountered during base preparation and place in LTSA during loading soil and sediment from the IM2 Dig and Haul component. Protect bottom liner from damage by providing separation from liner during boulder placement.

● Set aside debris encountered during base preparation and place in LTSA during loading of soil and sediment from the IM2 Dig and Haul component. Before placing debris in LTSA, crush any concrete and materials with voids. Protect bottom liner from damage by providing separation from liner during debris placement..

● Reroute, reinforce, and construct drainage ditch segments as shown in the drawings.

● Construct perimeter berm including galvanized gabion, high-density polyethylene (HDPE) membrane and geo-composite drain on the berm top and berm slope, and concrete slope protection.

● Install toe drain on the perimeter berm slope to provide drainage and protect the berm against erosion.

● Protect LTSA base from loading operations and restore after loading of the IM2 Dig and Haul soil and sediment, if needed.

● Install groundwater monitoring wells.

● Install security fencing.

● Install access road, site office, project signs, and decontamination area.

● Load and compact low dioxin concentration soil and sediment from the IM2 Dig and Haul component in the loading area as shown on the drawings, provide temporary cover daily of polyethylene film, secured by placing soil on outer edges.

● Install final cover over loaded area consisting of:

o Non-woven geotextile fabric layer, 25 kN/m tensile strength.

o HDPE double side rough geomembrane liner, 1.5 millimeter (mm) thick.

2. High Concentration Temporary Storage (HCTS): Preparation of storage area to temporarily store high concentration soil excavated as a part of IM2. The proposed location of the IM2 HCTS is in the Pacer Ivy area in the southern portion of the previously ADAFC-constructed Storage Area. High concentration soil excavated under IM2 will be stored in this HCTS. USAID prepared an Assessment of the ADAFC-constructed Storage Areas in April 2020 and is included as Attachment J. (TBD). This assessment found that the current storage area can store only 8,300 m3 of soil and that safe storage of dry high dioxin contaminated soil does not require use of the existing leachate collection system. As such, to safely store the 15,000 m3 of high dioxin concentration soil excavated under the IM2 Dig and Haul component, the IM2 contractor must:

● Prepare bottom, level uneven areas with clean compacted soil, remove items that have punctured existing liner and any items that may puncture new liner.

● Seal and plug existing leachate collection system, remove piping protrusions.

● Increase berm height to provide storage volume of 15,000 m3 and a final top slope from east to west.

● Install access point for loading operations.

● Install new HDPE liner over existing area from inside of berm to inside of berm.

● Protect liner from loading operations.

● Load and compact soil from the southwest areas and MND-A42 high concentration soil, provide temporary cover daily of polyethylene film, secured by placing soil on outer edges.

● Cover compacted stored material with geotextile layer, HDPE membrane, and steel cables.

3. Dig and Haul: Excavation of high and low concentration dioxin-contaminated soils and sediments from several

Project Decision Units (DUs) in the southwest area of the Bien Hoa Airbase (Airbase) and two off-site areas in the vicinity of the Airbase. Transfer to storage area (LTSA or HCTS) as appropriate based upon level of contamination. This includes excavation of nine sub-DUs in the airbase southwest (SW) area (SW-01A, SW-01B, SW-01C, SW-02A, SW-02B, SW-03A, SW-03B, SW-07A, SW-07B) and two off-base DUs, MND-A42 and Gate 2 Lake (G2L). Excavated materials must then be dewatered before hauling to either the LTSA or the HCTS for storage as described above. Attachment J. (TBD) provides the estimated bank volumes of contaminated soil and sediment to be excavated under IM2. All areas listed in Table 1 (To be added) are classified as soil, with the exception of G2L which is classified as sediment.

To complete this component, the IM2 contractor must:

● Demolition structures in DU SW-07B and haul debris to designated Uncontaminated Construction Debris

Disposal Area (UCDDA) on drawings.

● Remove roads as specified in drawings and haul debris to the designated disposal area.

● Clear and chip above grade vegetation, set aside for later use in site restoration.

● Set aside boulders encountered during excavation and place them in appropriate storage area of the LTSA or HCTS. Once loading begins, protect liner from damage by providing separation from liner with boulder placement.

● Set aside debris encountered during excavation and place in the same storage area, LTSA or HCTS, in which surrounding soil or sediment is specified to be placed. Before placing debris in LTSA or HCTC, crush any concrete and materials with voids, Protect bottom liners from damage by providing separation from liner during debris placement.

● Excavate high and low concentration soil in DUs SW-01A, SW-01B, SW-01C, SW-02A, SW-02B, SW-03A, SW-03B, SW-07A, SW-07B, and MND-A42. Excavate low concentration sediment in G2L.

● Below ground stumps and roots encountered during excavation must be combined with excavated soil and sediment for subsequent hauling to storage areas.

● Haul excavated soils and sediments to LTSA or HCTS as specified in drawings.

● The Contractor must seek approval from USAID to temporarily stage excavated soil prior to hauling to LTSA or HCTS.

4. Site Restoration: The Contractor must fully restore excavation and other work areas to existing or improved conditions according to the drawings. This Contract includes the excavation, demolition, backfilling, replacement, and repair to condition existing prior to disturbance by the IM2 Contractor, of all utilities, curbs, fences, sidewalks, pavements or other structures or obstacles the removal of which is necessary for the execution of this Contract.

5. Access Road and Fencing: Rehabilitation and reconstruction of the access road leading into Gate 3 and fencing around two areas adjacent to the Airbase.

Access Road: IM2 Contractor is to rehabilitate and reconstruct the access road leading into Gate 3.

Fencing: IM2 Contractor is to install fencing around two off-base areas adjacent to the Airbase and all associated work including access gates. One area is to the northwest of Gate 3 encompassing the Project Decision Units (DUs) DONRE-A1, PI-12, and PI-15. The other is an area to the southeast of Gate 3 encompassing DU DONRE- A2. These areas are not part of the IM2 Dig and Haul component. The IM2 Contractor will only fence these areas if Dong Nai Province hands over this land to MND before the end of the IM2 Contract.

6. Demolition as required to perform the work as indicated in the Drawings and Specifications. Uncontaminated construction debris must be placed in the UCDDA.

C.5 GENERAL WORK REQUIREMENTS

1. All work performed must be done in accordance with the IM2 Contractor’s developed work plans specific to the

Contract.

2. The IM2 Contractor must provide all items, articles, materials, equipment, and appurtenances, mentioned herein or shown on the drawings, and all labor, workmanship, tools, and appliances required for the proper installation thereof, to accomplish the work. In general, the Contractor must provide any item of labor or material which is necessary for a completed system to accomplish the Work, whether specifically mentioned or not.

C.6 REQUIRED REGISTRATION AND LICENSES

At the time of bid-opening the Prime Contractor must hold a Grade-1 Construction Operation Capability Certificate (Chứng Chỉ Năng Lực Hoạt Động Xây Dựng Hạng I) in infrastructure from Vietnam’s Ministry of Construction. At the time of bid-opening either the Prime Contractor or the subcontractor(s) must also hold a valid Vietnamese Ministry of Natural Resources and Environment Government of Vietnam Hazardous Waste Disposal License (Giấy Phép Xử Lý Chất Thải Nguy Hại).

[END OF SECTION C]

SECTION D – PACKAGING AND MARKING

D.1 AIDAR 752.7009 MARKING (JAN 1993)

(a) It is USAID policy that USAID-financed commodities and shipping containers, and project construction sites and other project locations be suitably marked with USAID emblem. Shipping containers are also to be marked with the last five digits of USAID financing document number. As a rule, marking is not required for raw materials shipped in bulk (such as coal, grain, etc.), or for semi-finished products which are not packaged.

(b) Specific guidance on marking requirements should be obtained prior to procurement of commodities to be shipped, and as early as possible for project construction sites and other project locations. This guidance will be provided through the cognizant technical office indicated on the cover page of this Contract, or by the Mission Director in the Cooperating Country to which commodities are being shipped, or in which the project site is located.

(c) Authority to waive marking requirements is vested with the Regional Assistant Administrators, and with Mission Directors.

(d) A copy of any specific marking instructions or waivers, if any, from marking requirements is to be sent to the Contracting Officer; the original should be retained by the Contractor.

D.2 BRANDING STRATEGY

The Contractor must comply with the requirements of the policy directives and required procedures outlined in USAID Automated Directive System (ADS) 320.3.2 “Branding and Marking in USAID Direct Contracts” which can be found at https://www.usaid.gov/sites/default/files/documents/1868/320.pdf; and USAID “Graphic Standards Manual” available at: www.usaid.gov/branding, or any successor branding policy. The Contractor must comply with the requirements of the USAID “Graphic Standards Manual” available at www.usaid.gov/branding, or any successor branding policy.

D.3 REQUIRED BRANDING AND MARKING

The Contractor must follow the Branding Implementation and Marking requirements for work, deliverables, and submittals produced as part of this Contract as indicated below and further guided in Attachment J. (TBD).

Activity name: “USAID Second Interim Measures for Dioxin Remediation at Bien Hoa Airbase Area”

For the purpose of reporting and other document submissions, the activity name is “USAID Second Interim Measures for Dioxin Remediation at Bien Hoa Airbase Area”. This name must not be used in any public communications such as press releases, presentations, speeches, social media, etc. In public communications, the contractor must use the project name, “Dioxin Remediation at Bien Hoa Airbase Area”.

Contractors must use the official Project name, “Dioxin Remediation at Bien Hoa Airbase Area,” when describing the overall USAID-GVN project in their reports and other written deliverables to USAID. In such reports and other written deliverables to USAID when referring to services and other deliverables provided by particular contractors, Contractor must identify/attribute these inputs using the full contract name or footnoted acronym of that name, not the contractor/firm name.

For materials developed by contractors on behalf of USAID for public communication, i.e., general public, local stakeholder, international technical, and other external audience communication including printed products, signage, audio, visual, and electronic materials, Power Points etc., contractors must only mark them with the full Project name.

Contractors must not reference contract names or firm names in such materials unless approved in advance in writing by the CO.

Desired level of visibility: USAID identity must be prominently displayed on commodities or equipment; in printed, audio, visual or electronic public communications; in studies, reports, publications, web sites, and all promotional and informational products; and events.

Other organizations to be acknowledged: Specific events that are supported by USAID together with other partners may require co-branding following the branding policy.

[END OF SECTION D]

https://www.usaid.gov/sites/default/files/documents/1868/320.pdf

SECTION E – INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following Contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this Contract. See http://acquisition.gov/far/index.html for electronic access to the full text of a clause.

NUMBER TITLE DATE

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

52.246-4 INSPECTION OF SERVICES - FIXED PRICE AUG 1996

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

E.2 FINAL COMPLETION AND ACCEPTANCE

USAID inspection and acceptance of services, reports and other required deliverables or outputs shall take place at USAID in Vietnam, or at any other location where the services are performed and reports and deliverables or outputs are produced or submitted.

[END OF SECTION E]

http://acquisition.gov/far/index.html

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following Contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this Contract. See http://acquisition.gov/far/index.html for electronic access to the full text of a clause.

NUMBER TITLE

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

DATE

52.211-13 52.211-18

TIME EXTENSIONS

VARIATION IN ESTIMATED QUANTITY

SEP 2000

APR 1984

52.236-15 52.242-14

SCHEDULES FOR CONSTRUCTION CONTRACTS

SUSPENSION OF WORK

APR 1984

APR 1984

52.242-15 STOP-WORK ORDER AUG 1989

52.247-34 F.O.B. DESTINATION NOV 1991

52.247-35 F.O.B. DESTINATION, WITHIN CONSIGNEE’S PREMISES APR 1984

F.2 PERIOD OF PERFORMANCE

The period of performance for this contract is 20 months from the date of award and the construction period starts 5 calendar days after the Contractor receives Notice to Proceed.

F.3 PLACE OF PERFORMANCE

The principal place of performance of this Contact is Vietnam.

F.4 PERFORMANCE STANDARDS

Evaluation of the Contractor's performance must be conducted in accordance with the performance standards set forth in the Contract, the Contractor's overall performance toward accomplishment of the work defined in Section C, in compliance with Drawings, Technical Specifications, and all other requirements in Section J; provision of deliverables in Section F; and, the Contractor's compliance with all other terms and conditions of the Contract. Each evaluation will be conducted jointly by the COR and the CO and must form the basis of the Contractor's permanent performance record regarding the Contract as required in FAR Part 36.501 and AIDAR 742.15.

The Contractor’s performance will be evaluated annually and at Contract completion, utilizing at minimum, the following factors:

(i) Quality of Product or Service

(ii) Schedule

(iii) Cost Control

(iv) Management

(v) Regulatory

(vi) Other (as applicable) (e.g., late or nonpayment to subcontractors, trafficking violations, tax delinquency, failure to report in accordance with Contract terms and conditions, defective cost or pricing data, terminations, suspension and debarments).

Evaluations will be tailored to the type, size, content, and complexity of the requirement.

F.5 REPORTS AND DELIVERABLES

All reports must be in English language. Once accepted by USAID the Contractor must provide translated versions in Vietnamese, upon request by the COR. The Contractor must promptly notify the COR of any problems, delays or http://acquisition.gov/far/index.html adverse conditions which materially impair the contractor’s ability to meet the requirements of the contract. All activity outputs and deliverables will be submitted to the USAID in both unlocked PDF and in the original software program format in which they were developed, unless only hard copies are requested.

Note that schedule dates are inclusive of coordination with and review activities by GVN. USAID’s fiscal quarters end on December 31st, March 31st, June 30th, and September 30th.

The Contractor shall deliver the following detailed deliverables to the COR, unless otherwise stated below:

Deliverables/ Reports Due Date Approving Authority

(1) Bonds and Guarantees Within 10 calendar days of Contract Award COR

(2) Construction Schedule Preliminary schedule within 10 calendar days of

Contract Award and updated monthly thereafter

COR

(3) Demolition, Excavation, Construction Work Plans Within 14 calendar days upon the Notice to Proceed (NTP)

CMC

(4) Site Mobilization Plan Within 14 calendar days upon the Notice to NTP COR

(5) Health and Safety Plan Within 14 calendar days upon NTP COR

(6) Waste Management Plan Within 14 calendar days upon NTP COR

(7) Quality Control Plan (QCP) Within 14 calendar days upon the NTP CMC

(8) Traffic Control Plan Within 28 calendar days upon the NTP CMC

(9) Daily Reports 10:00 AM of the following work day CMC

(10) Weekly Progress Reports By Monday of the following week CMC

(11) Monthly Progress Reports Within 7 days after the end of each month COR

(12) Shop Drawings and As-built Drawings Shop Drawings: As required As-built Drawings: 60 days from final acceptance of the project

CMC (shop) COR (as-built)

(13) Final Report

Draft report due within 30 days from final acceptance of the project

Final report due within 90 days from final acceptance of the project

COR

(14) Decontamination and Demobilization Plan Within 14 calendar days of the NTP and updated one month before any demobilization

COR

F.5.1 Bonds and Guarantees

Within 10 calendar days after the date of Contract Award, the Contractor shall furnish the Contracting Officer a Performance Security – Performance and Payment Bonds or Bank Guarantee from a certified bonding agent, an established bank, or financial institution - that meets the approval of the Contracting Officer for the performance of all work in this Contract. The Security shall be irrevocable and on demand. The Security shall be in the amount of 100% of the Contract value. The Security shall be dated as of the Contract Award date or no more than ten (10) calendar days thereafter. The Security shall state that it will continue in effect for one year after the date of the last work accepted by USAID under this Contract, in the amount of 100% of the Contract value. The Security must also state that the bank/surety agrees and consents that the Contract may be modified by change order(s) or supplemental agreement(s) without affecting the validity of the Performance and Payment Bonds or Bank Guarantee.

F.5.2 Construction Schedule

The Contractor must submit a construction schedule as per details provided under Attachment J. (TBD).

F.5.3 Demolition, Excavation, Construction Work Plans

The Contractor must submit Demolition, Excavation, Construction Work Plans for each component of work indicated in the Section C of the Contract, and as requested by the CMC.

F.5.4 Site Mobilization

The Contractor must submit Site Mobilization Plan as per the guidelines provided in Attachment J. (TBD).

F.5.5 Health And Safety Plan

The Contractor must submit a comprehensive and effective Health and Safety Plan to protect life, property and the environment with respect to all work performed under this Contract, whether performed by the Contractor or by sub-contractors as per the guidelines provided in Attachment J. (TBD). A sample Health and Safety Plan is provided in Attachment J. (TBD).

F.5.6 Waste Management Plan

The Contractor must develop and submit a comprehensive and effective Waste Management Plan as per the guidelines provided in Attachment J. (TBD). A sample Waste Management Plan is provided in Attachment J. (TBD).

F.5.7 Quality Control Plan (QCP)

The Contractor must submit a Quality Control Plan (QCP) as per the guidelines provided in Attachment J. (TBD). A sample Quality Control Plan is provided in Attachment J. (TBD).

F.5.8 Traffic Control Plan

The Contractor must submit a Traffic Control Plan as per the guidelines provided in Attachment J. (TBD).

F.5.9 Daily Reports

The daily reports must include, but not limited to, quality control information as per the guidelines provided in Attachment J. (TBD): significant events, work accomplished, materials & equipment on site, special instructions and directions received, work progress, safety hazards encountered, instructions given and corrective actions taken, delays occurred, a record of visitors to the site, weather condition, photos, deviations from the baseline schedule, construction deficiencies, and record of meetings held, etc.

F.5.10 Weekly Progress Reports

The Contractor must submit Weekly Progress Reports using a format agreed to with the CMC.

F.5.11 Monthly Progress Reports

The Contractor must submit Monthly Progress Reports updating actual progress information compared against that in the Construction Schedule and containing a monthly quality control summary per the guidelines provided in Attachment J. (TBD).

F.5.12 Shop Drawings and As-Built Drawings

The development and refinement of Shop Drawings and As-built Drawings per Attachment J. (TBD) will be the responsibility of the Contractor. The Contractor must submit all Shop Drawings and As-built Drawings) to CMC for review in accordance with the specifications in Attachment J. (TBD).

F.5.13 Final Report

The Contractor must submit a Final Report that summarizes achievements, and major activities; final reconciling of total contract value based on planned versus achieved, problems encountered and how they were rectified.

F.5.14 Demobilization and Decontamination Plan

The Contractor must submit a Demobilization and Decontamination Plan as per the guidelines provided in Attachment

J. (TBD)

F.6 KEY PERSONNEL

The Contractor is responsible for providing the Key Personnel and staff as listed below, with the qualifications listed for the performance of Contract:

POSITIONS

● Construction Manager

● Health and Safety Officer

The Construction Manager must have the following minimum qualifications:

● Bachelor's degree in engineering, architecture, construction management or other relevant and commensurate professional experience.

● At least 15 years of professional experience with a minimum of 5 years of experience as a senior project manager or superintendent for construction of vertical structures.

● Five years of professional experience managing construction projects or providing construction management services in Vietnam or in a similar developing country context.

● Professional expertise and familiarity with hazardous material handling as well as workplace safety and construction quality assurance.

● Fluency in written and spoken English.

The Health and Safety Officer must have the following minimum qualifications:

● 10 years of relevant experience in the construction sector.

● 5 years as Health and Safety Officer in Vietnam or similar developing country context.

● Completed the following trainings:

○ 40-Hour Hazardous Waste Operations and Emergency Response (Hazwoper) Training or equivalent,

○ 40-Hour U.S. Army Corps of Engineers (USACE) EM 385-1-1 Training or equivalent

○ 30-Hour U.S. Occupational Safety and Health Administration (OSHA) Construction Safety and Health

Training or equivalent.

● Working knowledge of English and fluency in Vietnamese.

The key personnel specified above are considered to be essential to the work being performed hereunder. All key personnel shall be employed by the prime contractor, not a subcontractor. Prior to replacing any of the specified individuals, the contractor shall immediately notify both the CO and COR reasonably in advance and shall submit written justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No replacement of key personnel shall be made by the Contractor without the written consent of the CO or his/her designee.

F.7 PRE-CONSTRUCTION CONFERENCES

In accordance with FAR 52.236-26, Pre-Construction Conference, the Contractor must participate in pre-construction conferences arranged by the CMC upon notification from the COR to discuss the schedule, submittals, mobilization and other important issues that affect construction progress.

F.8 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APRIL 1984)

The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed (NTP), (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the completion date of this Contract. The time stated for completion shall include final cleanup of the premises.

F.9 FAR 52.211-12 LIQUIDATED DAMAGES – CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of _$1,000_ 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.

[END OF SECTION F]

SECTION G – CONTRACT ADMINISTRATION

G.1 AIDAR 752.7003 DOCUMENTATION FOR PAYMENT (NOV 1998)

(a) Claims for reimbursement or payment under this contract must be submitted to the Paying Office indicated in the schedule of this contract. The Contracting Officer's Technical Representative (COR) is the authorized representative of the Government to approve vouchers under this contract. The Contractor must submit either paper or fax versions of the SF-1034--Public Voucher for Purchases and Services Other Than Personal. Each voucher shall be identified by the appropriate USAID contract number, in the amount of dollar expenditures made during the period covered.

(1) The SF 1034 provides space to report by line item for products or services provided. The form provides for the information to be reported with the following elements:

Total Expenditures [Document Number: XXX-X-XX-XXXX-XX]

Line Description Amt vouchered Amt vouchered Item No. to date this period

001 Product/Service Desc. for Line Item 001 $ XXXX.XX $ XXXX.XX

002 Product/Service Desc. for Line Item 002 XXXX.XX XXXX.XX

Total XXXX.XX XXXX.XX

(2) The fiscal report shall include the following certification signed by an authorized representative of the Contractor:

The undersigned hereby certifies to the best of my knowledge and belief that the fiscal report and any attachments have been prepared from the books and records of the Contractor in accordance with the terms of this contract and are correct: the sum claimed under this contract is proper and due, and all the costs of contract performance (except as herewith reported in writing) have been paid, or to the extent allowed under the applicable payment clause, will be paid currently by the Contractor when due in the ordinary course of business; the work reflected by these costs has been performed, and the quantities and amounts involved are consistent with the requirements of this Contract; all required Contracting Officer approvals have been obtained; and appropriate refund to USAID will be made promptly upon request in the event of disallowance of costs not reimbursable under the terms of this contract.

BY: ______________________________________________________

TITLE: ______________________________________________________

DATE: ______________________________________________________

(b) Local currency payment. The Contractor is fully responsible for the proper expenditure and control of local currency, if any, provided under this contract. Local currency will be provided to the Contractor in accordance with written instructions provided by the Mission Director. The written instructions will also include accounting, vouchering, and reporting procedures. A copy of the instructions shall be provided to the Contractor's Chief of Party and to the Contracting Officer. The costs of bonding personnel responsible for local currency are reimbursable under this contract.

(c) Upon compliance by the Contractor with all the provisions of this contract, acceptance by the Government of the work and final report, and a satisfactory accounting by the Contractor of all Government-owned property for which the Contractor had custodial responsibility, the Government shall promptly pay to the Contractor any moneys (dollars or local currency) due under the completion voucher. The Government will make suitable reduction for any disallowance or indebtedness by the Contractor by applying the proceeds of the voucher first to such deductions and next to any unliquidated balance of advance remaining under this contract.

(d) The Contractor agrees that all approvals of the Mission Director and the Contracting Officer which are required by the provisions of this contract shall be preserved and made available as part of the Contractor's records which are required to be presented and made available by the clause of this contract entitled "Audit and Records--Negotiation".

G.2 CONTRACTING OFFICER’S AUTHORITY

The Contracting Officer is the only person authorized to make or approve any changes to the requirements of this Contract and notwithstanding any provisions contained elsewhere in this Contract, the said authority remains solely in the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment must be made in the contract terms and conditions, including cost/price.

All questions concerning the administration of this award must be sent to the Contracting Officer. It is the responsibility of the Contractor to inform the Contracting Officer of requests that affect any and all sections of this award. The Contracting Officer is located at:

Office of Acquisition and Assistance (OAA) USAID/Vietnam 15/F Tung Shing Building, 2 Ngo Quyen Hanoi, Vietnam

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

(a) USAID/Vietnam shall provide technical oversight to the Contractor through the designated COR. The designated

COR is TBD. A copy of the designation letter will be provided to the Contractor.

(b) The designated COR is responsible for providing technical direction to the contractors, as well as fulfilling those duties and responsibilities as specified in the designation letter.

G.4 TECHNICAL DIRECTION/RELATIONSHIP WITH USAID

(a) Technical Direction is defined to include:

(1) Written directions to the Contractor which fill in details, suggest possible lines of inquiry, or otherwise facilitate completion of work;

(2) Provision of written information to the Contractor which assists in the interpretation of drawings, specifications, or technical portions of the work statement;

(3) Review and, where required, provide written approval of technical reports, drawings, specifications, or technical information to be delivered. Technical directions must be in writing, and must be within the scope of the work as detailed in Section C.

(b) The COR is authorized by designation to take any or all action with respect to the following which could lawfully be taken by the Contracting Officer, except any action specifically prohibited by the terms of this Contract:

(1) Assure that the Contractor performs the technical requirements of the contract in accordance with the contract terms, conditions, and specifications.

(2) Perform or…