RFP 306-09-0533 Vertical Structures IQC.pdf

USAID AFGHANISTAN

FROM THE AMERICAN PEOPLE

U.S. Agency for International Development Great Massoud Road Tel: (202) 216-6288 Kabul Fax: (202) 216-6288 ext. 4162 Afghanistan http://www.usaid.gov/locations/asia_near_east/afghanistan

Date Issued: March 04, 2010 Question Deadline: March 16, 2010 Closing Date: April 03, 2010

SUBJECT: Request for Proposal (RFP) 306-09-0533

Vertical Structures Indefinite-Quantity Contract

ATTENTION PROSPECTIVE OFFERORS:

The United States Government, represented by the U.S. Agency for International Development (USAID) is soliciting proposals from qualified organizations interested in providing construction services for a variety of building/facility types to support the objective of fostering sustainable infrastructure development in Afghanistan and Pakistan.

Contract(s) resulting from this Vertical Structures Request for Proposals (RFP) will be Indefinite Quantity Contracts (IQC) with task orders funded and awarded individually post-award, either as firm fixed price (FFP), or cost plus fixed fee (CPFF) awards. USAID estimates awarding approximately four contracts, including approximately two unrestricted, one set aside for small business and one reserved for an Afghan firm or a joint venture with an Afghan firm. Task orders will be awarded to IQC contractors through a competitive, fair opportunity process as described at FAR 16.505. There is no guarantee as to the number of IQC contracts that may be awarded, nor is there any guarantee as to the number of task orders that any IQC holder will receive.

USAID anticipates that the maximum combined contract(s) ceiling(s) resulting from this RFP will be $500,000,000. USAID anticipates awarding up to four (4) Indefinite Quantity Contracts for two-year base periods with three one-year options. Each successful IQC holder will be eligible to compete for task orders until the shared ceiling for all contracts is reached. Task Orders may be issued post award, from USAID Afghanistan and its region, including USAID Pakistan.

The RFP addresses all of the specifics associated with this requirement. Special attention should be paid to Section L Instructions to Offerors and Section M Evaluation Factors for Award.

The primary point of contract for this RFP is the Contracting Officer, Deborah Simms-Brown and Senior Acquisition & Assistance Technical Advisor, Ted Sanderson. Any questions related to this RFP must be submitted by email to asanderson@usaid.gov by close-of-business (4:30 pm Kabul time) March 16, 2010. Responding to questions thereafter is at the Contracting Officer's discretion. Any information given to a prospective offeror concerning this RFP will be furnished to all offerors as an amendment of the solicitation.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

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Office of Acquisition & Assistance USAID|Afghanistan American Embassy Great Massoud Road Kabul, Afghanistan

RFP 306-09-0533

X

03/04/2010 1 173

Ted Sanderson (email aSanderson@USAID.com) 202-216-6258 extn. 7429 (08:00 to 17:00 hrs Bangkok time)

MULTIPLE AWARD INDEFINITE-QUANTITY CONTRACT (IQC) IN SUPPORT OF UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

(USAID) VERTICAL STRUCTURE PROJECTS IN THE REGION OF AFGHANISTAN INCLUDING PAKISTAN. IQC work consists of firm-fixed price (FFP) and Cost-Plus Fixed Fee (CPFF) construction task orders awarded for a variety of building/facility type projects in support the objective of fostering sustainable infrastructure development in the region. USAID anticipates that the maximum combined contract ceiling will be $500,000,000. The following documents are incorporated herein and made part of this solicitation:

SECTION DESCRIPTION PAGES SECTION DESCRIPTION PAGES

B SUPPLIES OR SERVICES AND PRICE/COSTS 3-8 J LIST OF ATTACHMENTS 95

C STATEMENT OF WORK 9-24 K REPRESENTATIONS, CERTIFICATIONS AND OTHER

D PACKAGING AMD MARKING 25-26 STATEMENTS OF OFFERORS 96-111

E INSPECTION AND ACCEPTANCE 27-30 L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 112-135

F REPORTS AND OTHER DELIVERABLES 37-43 M EVALUATION FACTORS FOR AWARD 136-142

G CONTRACT ADMINISTRATION DATA 44-48 ATTACHMENTS 143-173

H SPECIAL CONTRACT REQUIREMENTS 49-60 (ILLUSTRATIVE TASK ORDER STATEMENT OF WORK 165-173)

I CONTRACT CLAUSES 61-94

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TABLE OF CONTENTS

Request for Proposal (RFP) 306-09-0533 i

PART I – THE SCHEDULE 3

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS 3

B.1 PURPOSE 3

B.2 CONTRACT TYPE AND SERVICES 3

B.3 MINIMUM GUARANTEE 3

B.4 MAXIMUM CONTRACT CEILING 3

B.5 ESTIMATED COST, FIXED FEE PAYMENT AND OBLIGATED AMOUNT 3

B.6 LABOR 4

B.7 OTHER DIRECT COSTS (MATERIALS) (CPFF ONLY) 5

B.8 INDIRECT COST 5

B.9 ADVANCE UNDERSTANDING ON CEILING ON INDIRECT COST RATES AND

FINAL PERFORMANCE FOR INDIRECT COSTS 6

B.10 TASK ORDER LIMITATIONS 7

B.11 CEILING ON FIXED FEE 7

B.12 COST REIMBURSABLE 8

SECTION C – STATEMENT OF WORK 9

C.1 INTRODUCTION 9

C.2 BACKGROUND 9

C.3 SCOPE OF WORK 9

C.4 DETAILED WORK REQUIREMENTS 10

C.4(a) Site Assessments 10 C.4(b) Design, Engineering and Construction 10 C.4(c) Procurement and Construction Subcontracting 11 C.4(d) Construction Management 12 C.4(e) Management and Supervisory Responsibilities 12 C.4(f) Construction Documents Submittals 12 C.4(g) Coordination and Implementation of Work 13 C.4(h) Quality Control / Quality Assurance 13 C.4(i) Safety 14 C.4(j) Contract Performance Support 14 C.4(k) Cost Control Reporting System 15 C.4(l) Pre-Construction Conferences 15 C.4(m) Schedule 15 C.4(n) Project Completion and Turnover Activities 15

C.5 SPECIAL REQUIREMENTS 15

C.5(a) Cultural and Aesthetic Considerations 15 C.5(b) Capacity Building (Applicable to Afghanistan only) 16 C.5(c) Gender Issues 16 C.5(d) Zoning Considerations (Applicable to Afghanistan only) 16 C.5(e) Demining 17 C.5(f) Maintenance of Confidential and/or Proprietary Information 17 C.5(g) Environmental Compliance 17 C.5(h) Codes and Standards 18 C.5(i) Record Keeping 18 C.5(j) Security 18

C.6 EQUIPMENT/SUPPLIES PROCUREMENT AND INSTALLATION 19

C.7 QUALIFICATIONS 19

C.8 STAFF QUALIFICATIONS 20

ii

C.9 ACRONYMS AND DEFINITIONS 22

SECTION D – PACKAGING AMD MARKING 25

D.1 AIDAR 752.7009 MARKING (JAN 1993) 25

D.2 BRANDING, IMPLEMENTATION PLAN AND MARKING PLAN 25

D.3 BRANDING STRATEGY 25

SECTION E – INSPECTION AND ACCEPTANCE 27

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 27

E.2 INSPECTION AND ACCEPTANCE 27

E.3 SUBSTANTIAL COMPLETION 27

E.4 USE AND POSSESSION UPON SUBSTANTIAL COMPLETION 28

E.5 FINAL COMPLETION AND ACCEPTANCE 28

E.6 FINAL ACCEPTANCE 28

E.7 52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (FEB 1999) 29

E.8 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996) 29

SECTION F – REPORTS AND OTHER DELIVERABLES 31

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 31

F.2 PERIOD OF PERFORMANCE 31

F.3 DELIVERY SCHEDULE 31

F.4 PLACE OF PERFORMANCE 31

F.5 PERFORMANCE STANDARDS 32

F.6 REPORTS AND DELIVERABLES 32

F.7 FAIR OPPORTUNITY 36

F.8 TASK ORDER AWARD CONTENT 39

F.9 TASK ORDER ADMINISTRATION 39

F.10 KEY PERSONNEL 41

F.11 AIDAR 752.7005 SUBMISSION REQUIREMENTS FOR DEVELOPMENT

EXPERIENCE DOCUMENTS (JAN 2004) 41

F.12 REPORTING OF FOREIGN TAXES 43

SECTION G – CONTRACT ADMINISTRATION DATA 44

G.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 44

G.2 752.7003 DOCUMENTATION FOR PAYMENT (NOV 1998) 44

G.3 PAYMENT AND VOUCHERS 45

G.4 CONTRACTING OFFICER 45

G.5 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR) 46

G.6 CONTRACTOR’S PRIMARY POINT OF CONTACT 46

G.7 PAYING OFFICE 46

G.8 ACCOUNTING AND APPROPRIATION DATA 46

G.9 CONTRACTOR'S PAYMENT ADDRESS 47

G.10 TECHNICAL DIRECTIONS / RELATIONSHIP WITH USAID 47

SECTION H – SPECIAL CONTRACT REQUIREMENTS 49

H.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 49

H.2 752.225-70 SOURCE, ORIGIN AND NATIONALITY REQUIREMENTS (FEB 1997) 49

H.3 AIDAR 752.7004 EMERGENCY LOCATOR INFORMATION (JUL 1997) 50

H.4 AIDAR 752.7007 PERSONNEL COMPENSATION (JUL 2007) 50

H.5 ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION 50

H.6 INFORMATION SYSTEM SECURITY 51

H.7 DEFENSE BASE ACT (DBA) INSURANCE 52

H.8 AIDAR 752.228-70 MEDICAL EVACUATION (MEDEVAC) SERVICES (Jul 2007) 52 iii

H.9 AUTHORIZED GEOGRAPHIC CODE 53

H.10 LOGISTIC SUPPORT 53

H.11 LANGUAGE REQUIREMENTS 53

H.12 Nonexpendable property purchases and information technology resources 53

H.13 EXECUTIVE ORDERS ON TERRORISM FINANCING 54

H.14 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL

CONFERENCES (JAN 2002) 54

H.15 INTERNATIONAL TRAVEL APPROVAL 54

H.16 USAID DISABILITY POLICY (DEC 2004) 54

H.17 COMPLIANCE WITH SECTION 508 OF THE REHABILITATION ACT OF 1973, AS

AMENDED 55

H.18 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JULY

2007) 55

H.19 PROHIBITION OF ASSISTANCE TO DRUG TRAFFICKERS (ADS 206) 56

H.20 ENVIRONMENTAL CONSIDERATIONS 56

H.21 CONFIDENTIALITY AND OWNERSHIP OF INTELLECTUAL PROPERTY 57

H.22 HOMELAND SECURITY PRESIDENTIAL DIRECTIVE-12 (HSPD-12) (SEP 2006) 57

H.23 DISCLOSURE OF INFORMATION 58

H.24 SUBCONTRACTING CONSENT 59

H.25 DATABASE REPORTING REQUIREMENTS 59

H.26 GENDER REPORTING 60

PART II – CONTRACT CLAUSES 61

SECTION I – CONTRACT CLAUSES 61

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 61

I.2 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (DEC

2008) 66

I.3 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008) 69

I.4 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997) 72

I.5 52.216-18 ORDERING (OCT 1995) 72

I.6 52.216-19 ORDER LIMITATIONS (OCT 1995) 72

I.7 52.216-22 INDEFINITE QUANTITY (OCT 1995) 73

I.8 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) 73

I.9 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) 74

I.10 52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF

UNION DUES OR FEES (DEC 2004) 74

I.11 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009) 76

I.12 52.225-19 CONTRACTOR PERSONNEL IN A DESIGNATED OPERATIONAL

AREA OR SUPPORTING A DIPLOMATIC OR CONSULAR MISSION OUTSIDE

THE UNITED STATES (MAR 2008) 78

I.13 52.227-4 PATENT INDEMNITY—CONSTRUCTION CONTRACTS (DEC 2007) 82

I.14 52.228-15 PERFORMANCE AND PAYMENT BONDS—CONSTRUCTION (NOV

2006) 83

I.15 52.229-7 TAXES—FIXED-PRICE CONTRACTS WITH FOREIGN GOVERNMENTS

(JAN 1991) 84

I.16 52.229-8 TAXES—FOREIGN COST-REIMBURSEMENT CONTRACTS (MAR 1990) 84

I.17 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (OCT 2008) 84

I.18 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984) 91

iv

I.19 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (Feb 1997)

ALTERNATE II (APR 1984) 91

I.20 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994) 92

I.21 752.242-70 PERIODIC PROGRESS REPORTS (OCT 2007) 93

I.22 752.7101 VOLUNTARY POPULATION PLANNING ACTIVITIES (JUNE 2008) 93

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS 95

SECTION J – LIST OF ATTACHMENTS 95

ATTACHMENT J.1 IDENTIFICATION OF PRINCIPAL GEOGRAPHIC CODE NUMBERS 95

ATTACHMENT J.2 AID 1420-17 CONTRACTOR EMPLOYEE BIOGRAPHICAL DATA

SHEET 95

ATTACHMENT J.3 SF LLL DISCLOSURE OF LOBBYING ACTIVITIES 95

ATTACHMENT J.4 GUIDANCE ON USAID-FUNDED COMMUNICATIONS PRODUCTS 95

ATTACHMENT J.5 CONTRACTOR/MAJOR SUBCONTRACTOR PERFORMANCE REPORT

(SHORT FORM) 95

ATTACHMENT J.6 MODEL SUBCONTRACTING PLAN 95

ATTACHMENT J.7 CONTRACTOR AND MAJOR SUBCONTRACTOR POLICY FOR

WORKDAY, WORKWEEK, AND PAID ABSENCES (TO BE ATTACHED AT

AWARD) 95

ATTACHMENT J.8 MISSION’S LOCAL COMPENSATION PLAN 95

ATTACHMENT J.9 ILLUSTRATIVE TASK ORDER 95

PART IV – REPRESENTATIONS AND INSTRUCTIONS 96

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS 96

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE 96

K.2 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) 96

K.3 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO

INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEPT 2007) 97

K.4 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998) 97

K.5 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009) 99

K.6 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (DEC 2008) 102

K.7 52.215-6 PLACE OF PERFORMANCE (OCT 1997) 103

K.8 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004) 104

K.9 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) 106

K.10 52.223-13 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (AUG

2003) 106

K.11 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION

(OCT 2008) 107

K.12 52.230-7 PROPOSAL DISCLOSURE -- COST ACCOUNTING PRACTICE

CHANGES (APR 2005) 109

K.13 INSURANCE - IMMUNITY FROM TORT LIABILITY 110

K.14 MENTOR-PROTÉGÉ PROGRAM – AIDAR 719.273, THE UNITED STATES

AGENCY FOR INTERNATIONAL DEVELOPMENT (USAID) MENTOR-PROTÉGÉ

PROGRAM 110

K.15 AGREEMENT ON, OR EXCEPTIONS TO, TERMS AND CONDITIONS 110

K.16 AUTHORIZED NEGOTIATORS 110

K.17 SIGNATURE 111

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 112

v

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE 112

L.2. 52.216-27 SINGLE OR MULTIPLE AWARDS (OCT 1995) 112

L.3 52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION (JAN

2004) 112

L.4 52.216-1 TYPE OF CONTRACT (APR 1984) 116

L.5 52.233-2 SERVICE OF PROTEST (SEPT 2006) 116

L.6 GENERAL INSTRUCTIONS TO OFFERORS 116

L.7 DELIVERY INSTRUCTIONS 118

L.8 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL 119

L.8(a) Organization of Technical Proposal 119 L.8(b) Initial Evaluation 119 L.8(c) Format of Technical Proposal 120 L.8(d) Instructions for Small Business Concerns 120 L.8(e) Contents of the Technical Proposal 120 L.8(f) Illustrative Task Order 125

L.9 INSTRUCTIONS FOR THE PREPARATION OF THE COST/BUSINESS PROPOSAL 128

L.10 OTHER REQUIREMENTS 134

L.11 LATE SUBMISSIONS 135

SECTION M - EVALUATION FACTORS FOR AWARD 136

M.1 GENERAL INFORMATION 136

M.2 EVALUATION CRITERIA 136

M.2(a) Past Performance - 15 points 136 M.2(b) Personnel – 10 points 137 M.2(c) Corporate/Institutional Capability – 10 points 138 M.2(d) Management Approach – 5 points 138

M.3 EVALUATION CRITERIA - Illustrative Task Order: 138 M.3(a) Past Performance – 20 points 138 M.3(b) Personnel – 15 points 139 M.3(c) Technical Approach – 15 points 139 M.3(d) Management Plan – 10 points 140 M.3(e) Cost 140

M.4 CONTRACTING WITH SMALL BUSINESS CONCERNS 140

M.5 DETERMINATION OF COMPETITIVE RANGE 141

M.6 SOURCE SELECTION 141

ILLUSTRATIVE TASK ORDER SECTION C – STATEMENT OF WORK FOR A ONE

HUNDRED BED HOSPITAL 166

C.1 INTRODUCTION 166

C.2 SCOPE OF WORK 166

C.3 DETAILED WORK REQUIREMENTS 166

C.3(a) Design and Pre-construction 166 C.3(b) Construction of Facility 167

C.4 GENERAL REQUIREMENTS: 168

C.5 KEY PERSONNEL 170

C.6 PLACE OF PERFORMANCE 173

C.7 SCHEDULE 173

PART I – THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this contract is to provide services that fall within the scope of work (SOW) specified in Section C. USAID Task Order Contracting Officers (TOCO) will request the work through the issuance of task orders during the ordering period as specified in Section F of the contract.

B.2 CONTRACT TYPE AND SERVICES

This is an Indefinite-Quantity Contract (IQC). The Government will issue task orders that are either Firm-Fixed-Price (FFP) or Cost-Plus-Fixed-Fee (CPFF). The Government intends to make maximum use of Firm Fixed or Firm Fixed Price task orders with cost reimbursable line items. The Contractor must perform the work set forth in task orders at prices consistent with Section B of this contract. Cost type task orders must indicate if they are completion or term form.

B.3 MINIMUM GUARANTEE

The basic contract includes a minimum guarantee of $50,000. USAID is required to order and the Contractor is required to furnish the minimum order amount of work.

Following this initial obligation, individual task orders will obligate funds to cover the work required under that task order. The obligated amount for each task order will be established by the TOCO. The initial obligation will be used as part of the funding for the first task order awarded under this contract.

B.4 MAXIMUM CONTRACT CEILING

This is a multiple award Indefinite Quantity Contract (IQC) with an overall ceiling price of

US $500,000,000 ($500 Million). The maximum aggregate dollar value of task orders awarded to all Contractors cannot exceed the contract ceiling. This ceiling is not being subdivided among the number of awardees nor is it being multiplied by the number of awardees.

B.5 ESTIMATED COST, FIXED FEE PAYMENT AND OBLIGATED AMOUNT

(a) The basic contract includes an initial obligation of funds in the amount of $ (TO BE

DETERMINED AT AWARD) to cover the minimum order guarantee.

(b) The Total Estimated Cost-Plus-Fixed-Fee (CPFF) for each task order must be negotiated in accordance with the terms of the IQC contract. In no event may the indirect rates or fixed fee for a task order exceed the ceilings set forth in Section B of this contract. Cost shall be limited to

Vertical Structures – Indefinite-Quantity Contract reasonable, allocable, and allowable costs determined in accordance with Federal Acquisition Regulation (FAR) 52.216-7.

(c) The Firm-Fixed Price for each task order will be negotiated based on the price to complete the work. After acceptance of a fixed price task order by the Contractor, the task order price will only be adjusted to reflect changes in scope or conditions governed by other clauses (differing site conditions, etc.).

(d) Fixed Fee Payment: For any Cost-Plus-Fixed-Fee (CPFF) task order issued under this contract, at the time of each payment of allowable costs to the Contractor, the USAID paying office ordinarily pays the Contractor a percentage of the fixed fee that directly corresponds to the percentage of allowable costs being paid. Two exceptions to paying fixed fee in this manner apply:

(1) If the TOCO determines that this method results in paying a disproportionately higher ratio of fixed fee than the percentage of work the Contractor has completed, then the TOCO may suspend further payment of any fixed fee until the Contractor has made sufficient progress to justify further payment, up to the agreed percentage.

(2) Because the clauses entitled "Allowable Cost and Payment" (FAR 52.216-7) and

"Fixed Fee" (FAR 52.216-8) are incorporated into this contract, the terms and conditions of these clauses apply after total payments of fixed fee reach eighty five percent (85%) of the total fixed fee.

B.6 LABOR

(a) Compensation of personnel under this contract or any resulting subcontract must be in accordance with AIDAR 752.7007 Personnel Compensation (July 2007).

(b) Salary Approval: Acceptance of the Contractor labor rates presented for during IQC or task order negotiation does not constitute approval of final salary rates above the Contractor Salary Threshold (CST). (See ADS 302.3.6.10.) All TOCOs will comply with the approval requirements in ADS 302. See section H.4 and H.5 to include guidance regarding approvals.

(c) Labor Categories: The Contractor shall furnish personnel with the necessary education, training and/or relevant experience, as specified in the task orders to be issued under this contract. Task Order proposals must justify proposed rates to the satisfaction of the TOCO.

(d) Locally Hired National Personnel or Other Non-U.S. Expatriates

(1) Third Country Nationals (TCNs) and Cooperating Country Nationals (CCNs) who are working in the United States or are legal residents of the United States at the time they are hired for a task order, must be extended benefits and subject to restrictions on the same basis as U.S.

citizens who work in the United States. The U.S. labor rates may be applied to TCNs and CCNs conforming to this regulatory provision.

(2) Salaries for locally-hired personnel and other non-U.S. labor under this contract or any resulting subcontract must be in accordance with AIDAR 752.7007, Personnel Compensation (July 2007), and should be based upon a combination of factors including prevailing in-country salaries for the professional category being negotiated and consideration of the individual's education, work experience and recent relevant salary history.

(3) Unless otherwise authorized by the Mission Director or AA having program responsibility for the strategic objective, the compensation for CCN and TCN labor shall be paid in the currency of the cooperating country.

B.7 OTHER DIRECT COSTS (MATERIALS) (CPFF ONLY)

(a) In additional to direct labor, other direct costs necessary for the performance of the work under task orders, such as travel and transportation, lodging and subsistence expenses, and allowances may be authorized by the task order.

(b) The Contracting Officer determines which other direct costs are allowable, allocable, and fair and reasonable in accordance with the applicable federal cost principles (i.e., FAR 31.2 and AIDAR 731.2 for commercial (for profit) organizations or FAR 31.3 and AIDAR 731.3 for educational institutions, or FAR 31.7 and AIDAR 731.7 for other not-for-profit organizations).

For those other direct costs the TOCO authorizes, the Contractors are allowed to recover applicable indirect costs on these costs, if doing so is part of the Contractor's usual accounting procedures, consistent with the applicable cost principles, and are included in the Contractor's Negotiated Indirect Cost Rate Agreement.

B.8 INDIRECT COST

Pending establishment of revised provisional or final indirect cost rates, allowable indirect costs shall be reimbursed on the basis of the following negotiated provisional or predetermined rates and the appropriate bases:

Description Rate Base Type Period 1/ 1/ 1/ 2/ 2/ 2/ 3/ 3/ 3/

1/Base of Application:

Type of Rate:

Period:

Source:

2/Base of Application:

Type of Rate:

Period:

Source:

3/Base of Application:

Type of Rate:

Period:

Source:

The Contractors are allowed to recover applicable indirect costs (i.e., overhead, G&A, etc.)

on other direct costs (ODCs) if it is part of the Contractor's usual accounting procedures, consistent with FAR Part 31, and Negotiated Indirect Cost Rate Agreement (NICRA).

The Contractor will make no change in its established method of classifying or allocating indirect costs without the prior written approval of the Contracting Officer.

Reimbursement for indirect costs shall be at the final negotiated rates, but not in excess of the ceiling rates specified above.

The Government shall not be obligated to pay any additional amount on account of indirect costs above the ceiling rates established in the contract. This advance understanding shall not change any monetary ceiling, cost limitation, or obligation established in the contract.

B.9 ADVANCE UNDERSTANDING ON CEILING ON INDIRECT COST RATES

AND FINAL PERFORMANCE FOR INDIRECT COSTS

(a) For each of the Contractor's accounting periods during the term of this contract, the parties agree as follows:

(1) The distribution base for establishment of final overhead rates is

(2) The distribution base for establishment of final G&A rates is

(b) The Contractor will make no change in its established method of classifying or allocating indirect costs without the prior written approval of the contracting officer.

(c) Reimbursement for indirect costs shall be at the final negotiated rates, but not in excess of the following ceiling rates:

Indirect Cost FY XX FY XX FY XX FY XX

(Reference respective accounting periods specified in B.9, INDIRECT COSTS.)

(d) The government shall not be obligated to pay any additional amount on account of indirect costs above the ceiling rates established in the contract. This advance understanding shall not change any monetary ceiling, cost limitation, or obligation established in the contract.

B.10 TASK ORDER LIMITATIONS

(a) Cost-Plus-Fixed-Fee (CPFF) Task Orders: When issuing CPFF task orders, the TOCO will state in the task order the total estimated cost plus fixed fee, which is the total amount of the task order and the maximum amount the Contractor, may be paid without advance written approval of the cognizant Contracting Officer. This maximum amount represents the prime and subcontractor professional labor salaries, an estimated number of workdays, other direct costs and fixed fee.

(b) Firm-Fixed-Price (FFP) Task Orders: FFP task orders will state in the task order the firm fixed price, which is the total amount of the task order and the maximum price the Contractor may be paid to perform the services, reports, or other deliverables in the task order.

(c) Minimum Order: When USAID requires services or reports and other deliverables covered by this contract in a Task Order in the amount of less than $50,000, the Contractor is not obligated to accept an order to furnish those services or reports and other deliverables under this contract. However, if the Contractor agrees to furnish services or reports and other deliverables required by USAID in an amount of less than $50,000 and is awarded a Task Order to do so, the Contractor is required to provide these services and reports / deliverables in accordance with the contract's terms and conditions.

(d) Maximum Order: When USAID requires services or reports and other deliverables covered by this contract in a Task Order amount of more than $50,000,000, the Contractor is not obligated to accept an order to furnish those services or reports and other deliverables under this contract. However, if the Contractor agrees to furnish services or reports and other deliverables required by USAID in excess of $50,000,000 and is awarded a Task Order to do so, the Contractor is required to provide these services and reports / deliverables in accordance with the contract's terms and conditions.

(e) Notwithstanding the above, if issuance of a task order to, and acceptance of a task order by, the Contractor would: (1) result in the Contractor (or its personnel or its subcontractors or their personnel) having an organizational conflict of interest for which restrictions would be placed on the Contractor's (or its personnel’s or its subcontractors’ or their personnel’s) future activities; or (2) violate the provisions of the Procurement Integrity legislation, i.e., Section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423), as amended by Section 814 of Pub. L. 101-189, the Contractor, after written notification to the Contracting Officer, is not obligated to furnish those services or reports and other deliverables under this contract, and USAID may acquire the supplies or services from another source.

B.11 CEILING ON FIXED FEE

(a) For each CPFF task order issued under this IQC, the TOCO and the Contractor agree to negotiate a set dollar amount for fixed fee. In negotiating the fixed dollar amount for fee, the TOCO must consider the policies and factors for establishing fee in FAR 15.404-4 as well as any applicable USAID policy on establishing a fixed fee amount. In no event, however, may the amount of fixed fee exceed ____ percent of the task order's estimated cost; excluding fee (offeror shall propose the fee ceiling percentage in as required by Section L of the RFP).

(b) For each CPFF task order issued under this IQC, the Contractor shall negotiate set dollar amounts for subcontractor fixed fees. In negotiating the fixed dollar amount for fee, the Contractor shall consider the policies and factors for establishing fee in FAR 15.404-4 as well as any applicable USAID policy on establishing a fixed fee amount. In no event, however, may the amount of subcontractor fixed fee in any individual task order for (name subcontractor(s)) exceed ______ percent (subcontractor(s) proposes ceiling percentage(s)) of the subcontractor's estimated cost, excluding fee (offeror shall propose the fee ceiling percentage(s) in as required by Section L of the RFP).

(c) The fixed fee for any subcontractor not listed above, whether a new subcontractor approved by the IQC Contracting Officer or TOCO or included as a non-major subcontractor in the Contractor’s original teaming arrangement, must not exceed the prime the Contractor’s fee ceiling.

NOTE: For Firm-Fixed-Price (FFP) task orders, the ceiling percentages indicated above serve as the basis for negotiation only.

B.12 COST REIMBURSABLE

The Costs allowable shall be limited to reasonable, allocable, and necessary costs determined in accordance with FAR 52.216-7 Allowable Cost and Payment, FAR 52.216-8 Fixed Fee, FAR 52.216-9 Fixed Fee—Construction, and AIDAR 752.7003, Documentation for Payment.

[END OF SECTION B]

SECTION C – STATEMENT OF WORK

C.1 INTRODUCTION

The purpose of this contract is to undertake selected facility development, repair, renovation, construction and/or associated support for any vertical structures as required. The task orders awarded under this contract will provide the USAID/Afghanistan Office of Infrastructure, Engineering and Energy (OIEE) and other USAID Missions in the region, including USAID/Pakistan with construction services relating to a variety of vertical structures/facility types to support the objective of fostering sustainable infrastructure development in Afghanistan and the region.

C.2 BACKGROUND

Infrastructure development is vital to improving the quality of life and stability in

Afghanistan and Pakistan. Vertical structures provide the infrastructure to augment vital services that fuel both economic growth and social development. The VS-IQC will be used to improve vertical structure infrastructure.

The importance of vertical structures is reflected in the investments made in Afghanistan and its region in the past years and the projections of future investment needed to support economic growth and social development in coming years. Improving access to infrastructure in Afghanistan and the region directly contributes to transformational diplomacy in rebuilding countries, as described in the US Government’s Foreign Assistance Framework.

Although much progress has been made, Afghanistan’s infrastructure has not fully recovered from the devastation caused by the ravages of war and the consistent lack of maintenance, investment, and proper construction standards. The task of stabilizing and rebuilding Afghanistan is immense and requires the support of the donor community. The challenge is to construct and/or repair strong, functional, safe, long-life, low-maintenance and energy efficient buildings in short time frames and under difficult conditions.

C.3 SCOPE OF WORK

The Contractor will provide various services required to construct vertical structures within

Afghanistan and the region, including Pakistan. Work will be acquired via separate task orders under this VS-IQC. Pricing and completion schedules, whether firm-fixed price or cost plus fixed fee, will be fully defined in each task order. Task orders awarded for work outside of Afghanistan will include specific requirements relative to implementing work in that region.

The Contractor will provide the full range of services from the initial stages of program development and planning, through all aspects of design or re-design, construction to turnover of constructed facilities. The Contractor shall apply a high degree of flexibility and innovation in providing, design/engineering, engineering management, procurement, construction management and administrative services. The Contractor’s work will include the fullest range of project management, supervision, administration, planning, engineering, quality control, construction oversight, possible design-build services, safety, and project closeout activities associated with facilities infrastructure improvements.

C.4 DETAILED WORK REQUIREMENTS

The Contractor shall perform the following work requirements as specified in individual task orders:

C.4(a) Site Assessments

The Contractor shall develop and submit for USAID approval a Site Assessment

Management Plan. The site assessment management plan will establish “base-line” or prior existing conditions on the work sites and those areas adjacent to the work sites, which can be affected in some manner by the work activities. Unless specifically stated otherwise in the task order, the Site Assessment Management Plan shall be a.mandatory deliverable from the Contractor under this IQC.

The site assessment management plan shall include, but not be limited to measurement and recording of the following parameters as may be appropriate to the project: ground and structural elevations; ground water levels; soil conditions; vertical alignment of structures; evaluation of existing natural hazards and other conditions affecting construction.

The Contractor shall participate together with representatives of its subcontractors and

USAID in regular monthly examinations of the “base-line” conditions and shall maintain a log of the values recorded and photos taken during these examinations, in such a fashion that comparison with previous values recorded can easily be done and trends readily identified. The Contractor shall regularly review the subject logs and immediately discuss with the pertinent subcontractors and USAID, any finding determined to require consideration of a change in method of construction or remedial action.

C.4(b) Design, Engineering and Construction

Task orders that substantially or predominantly specify requirements for architect-engineer services, including incidental services that members of the architectural and engineering profession generally perform, shall not be issued under this IQC. However, architect-engineer services may be required as non-dominant portions of task order work and in such cases, the Contractor shall perform all design and/or engineering work required to accomplish the requirements of each task order. The Contractor shall produce construction documents that are complete and in accordance with approved technical specifications and plans in compliance with applicable codes, policies, rules and regulations. The construction documents shall be fully sufficient for contractors or subcontractors to bid and execute the work and for incorporation in contracts or subcontracts as contract documents. The Contractor shall assure that projects are designed and engineered in a manner that the Contractor can complete the contract with the project budget provided in the task order. The design and engineering process will include design reviews and reports as specified in the individual task orders.

Partial or complete designs may be provided to the Contractor on some task orders for redesign and/or construction execution. Where not expressly specified, drawing scales shall be approved by the Contracting Officer’s Technical Representative (COTR).

All work shall be performed in accordance with the engineering instructions, directives, guides, specifications, drawings, technical manuals, and other instructions specified in this IQC or with each task order. The design and engineering of each project shall be the most economical, based on analyses of acceptable alternatives, with necessary consideration being given to efficient use of all materials consistent with the design criteria.

As required by task order, the Contractor’s construction management personnel shall be actively involved during the design process to effectively integrate the design and construction requirements. In additional to the typical required construction activities, the Contractor’s involvement shall include, but is not limited to actions such as: integrating the design schedule into the master schedule to maximize the effectiveness of fast-tracking design and construction (within the limits allowed in the task order), ensuring constructability and economy of the design, integrating the shop drawings and installations drawing process into the design, executing the material and equipment acquisition programs to meet critical schedules, effectively interfacing the construction quality control (QC) program with the design QC program, and maintaining and providing the design with accurate, up-to-date redline and as-built documentation.

The Contractor shall provide all construction superintendence, labor, material, equipment, and all related civil works, whether of a temporary or permanent nature, necessary to execute and complete the task order work and comply with all task order requirements. The Contractor shall mobilize and start construction in accordance with USAID’s notice to proceed and complete construction in accordance with the approved construction schedule. The Contractor shall accomplish all construction activities, whether self performed or subcontracted, in accordance with the task order requirements and construction industry best practice. The Contractor shall efficiently and effectively manage and coordinate subcontractors and accomplish all construction in accordance with design documents and specifications.

C.4(c) Procurement and Construction Subcontracting

If the Contractor needs to subcontract to accomplish construction of the vertical structure projects, the Contractor shall subcontract with private local subcontractors to the maximum extent possible. The Contractor shall identify qualified local subcontractors and maintain a list of said subcontractors during the contract implementation period. In determining the qualifications of the local subcontractors, consideration will be given to such factors as construction experience, prior work in the area, knowledge of customs and practices of the area, ability to provide equipment and skilled and unskilled labor, organization as a legal business entity in the geographical area of subcontract performance, etc. The Contractor shall regularly update the list and maintain performance data on all subcontractors who have accomplished work for the Contractor.

The Contractor shall implement a subcontractor selection criteria process in accordance with the terms of this IQC and the individual task orders awarded to the Contractor under the IQC. To the maximum extent possible, competitive procurement, using procedures acceptable to USAID, shall be used in selecting subcontractors. The preferred type of subcontract is firm-fixed-price for construction work. All subcontractors must possess all required certifications and licenses for the work being accomplished. Each Contractor task order proposal shall include a discussion of subcontractor selection criteria. While local construction companies are preferred, it is recognized that international subcontractors may be needed. These international subcontractors will to the extent possible hire and train Afghans.

The Contractor shall assure that its subcontractors have obtained all required local approvals, permits and registrations and have satisfied all applicable laws and USAID requirements in the performance of subcontracted work.

C.4(d) Construction Management

The Contractor shall ensure that the various stages of the construction process are completed in a timely and seamless fashion and shall be responsible for coordination and accomplishment of the overall project including the organizing, supervising, subcontracting, and purchasing of all materials and equipment necessary to complete the task order per approved construction document in accordance with applicable codes, rules and regulation. The Contractor shall assure that construction is completed in accordance with approved technical specifications and plans and in compliance with all contract documents.

C.4(e) Management and Supervisory Responsibilities

The Contractor shall provide direct management and supervision of the Contractor personnel and subcontractors assigned to work on this contract regarding matters pertaining to specific work assignments. The quality of performance of the Contractor personnel and subcontractors is the direct responsibility of the Contractor. The USAID COTR may, on a frequent basis, directly coordinate with or provide technical guidance and direction or other types of information to the Contractor personnel and subcontractors concerning the technical or administrative aspects of work being performed. However, at all times the direct lines of communication for establishing work requirements and standards of quality shall come through the Contractor’s management chain of supervision. As such, the Contractor shall establish a sufficient managerial and supervisory structure to ensure that work being performed by the Contractor personnel and subcontractors is in accordance with the various task order scopes of work and that the quality of work being performed by the Contractor personnel and subcontractors is representative of the Contractor’s best professional standards and is in accordance to applicable codes and regulations required under this contract..

C.4(f) Construction Documents Submittals

The Contractor shall prepare design and/or construction documents submittals and monitor the timeliness of all such submittals in order to ensure their completion within the time frames required in each task order.

C.4(g) Coordination and Implementation of Work

The Contractor shall furnish, as applicable and required by individual task orders, all labor, facilities, supplies, equipment and material, and perform all items necessary for the performance of the work described in the various task order statements of work. In addition, the Contractor shall furnish all required personnel, equipment, instruments, transportation, etc., as necessary to accomplish the task order requirements.

The Contractor shall make all necessary corrections and/or revisions to construction plans and specifications, design analyses, quantity surveys, cost estimates, schedules, reports, and drawings, as may be required under individual task orders. The Contractor shall also make any corrections thereto as may be necessary due to errors or omission identified by the Contractor or USAID or its supporting organizations. This includes the preparation of addenda during the solicitation period, or changes during construction, which may be required as a result of such deficiencies.

The Contractor shall advise the COTR of any discrepancies, ambiguities, and lack of clarity noted in drawings, and other data furnished for use in connection with any task order. The review periods established in the completion schedules set forth in task order contracts are the maximum anticipated periods required with the contractor making every effort to accomplish reviews within shorter periods. All engineering manuals, guides, specifications, and other data if furnished by the USAID shall be returned to the task order COTR following completion of the task order contract.

Final implementation and mobilization plans for the activities under this VS-IQC will be based on the work plan to be developed by the Contractor under the specific task order.

C.4(h) Quality Control / Quality Assurance

USAID strictly follows the three phase quality control system. As required in the task order, a Quality Control Plan (QCP) shall be prepared in accordance with those requirements.

Unless otherwise stated, construction quality at sites will be ensured through an integrated system of Quality Control by the Contractor and Quality Assurance services provided by USAID. The Contractor will be responsible for constructing the work in accordance with approved plans and specifications and in compliance with applicable codes and regulations. The Contractor is responsible for establishing procedures, checks and controls during the construction process which will assure that construction quality (as required by contract documents) is maintained. The Contractor shall prepare and submitted to the COTR for approval a QCP that fully defines the Contractor’s quality system, procedures, checks and balances. Unless specifically stated otherwise in the task order, the QCP shall be a.mandatory deliverable from the Contractor under this IQC.

Quality Assurance will be performed by USAID and serve to verify that the levels of workmanship and quality of materials stipulated in the contract specifications are met. USAID will accomplish these tasks by assigning a Quality Assurance Engineer (QAE) to the project and working closely with the Contractor’s Quality Control Manager on compliance.

Notwithstanding Quality Assurance efforts of USAID, the Contractor remains fully responsible for the quality of work performed under this IQC.

C.4(i) Safety

The Contractor shall develop and implement a comprehensive and effective Safety Program to protect life, property and environment. Unless specifically stated otherwise in the task order, the Contractor Safety Program shall be a.mandatory deliverable from the Contractor under this IQC. The Contractor’s Safety Program shall be submitted to the COTR prior to the Contractor commencing field work. Unless specifically exempted in a task order or waived by the CO, the Safety Program shall conform to U.S. Army Corps of Engineers (USACE) Safety and Health Requirements Manual, EM 385-1-1 and US Occupational Safety and Health standards for the site conditions experienced.

(1) Safety Program and Safety Plan: The Contractor shall implement safety measures to accomplish the Work in the safest manner possible at the Site. The Contractor’s safety program shall define roles, responsibilities, programs, policies, and procedures to accomplish the goal of achieving superior safety performance during all phases of the Project.

(2) General Safe Work Practices: The Contractor shall establish standard operating procedures for the Project to guide employees in safe work practices. All employees, including managers and supervisors, shall have training and instruction on general and job-specific safety and health practices. Workplace safety and health training practices shall include the following:

(i) Explanation of the Contractor's Accident Prevention Plan, Emergency Action Plan, and Fire Prevention Plan, and measures for reporting any unsafe conditions, Work practices, and injuries.

(ii) Use of appropriate clothing, including gloves, footwear, and personal protective equipment.

(iii) Information about chemical hazards to which employees could be exposed and other hazard communication program information.

(iv) Availability of toilet, hand-washing, and drinking water facilities.

(v) Provisions for medical services and first aid, including emergency procedures.

In addition, the Contractor shall provide specific instructions to each employee regarding hazards unique to his or her job assignment, to the extent that such information was not already covered in other training. the Contractor shall establish written safe work practices covering all phases of the Work. Safety, Quality and all other project programs and requirements that are placed upon the Prime Contractor shall all be required of all subcontractors.

C.4(j) Contract Performance Support

The Contractor shall be responsible for contract performance support which typically will include: regular client reporting (including costs), monitoring of schedules, contract change management, management of permitting requirements, preventative maintenance inspections, certification of contract completion, document control, commissioning services, dispute resolution, monitoring and resolution of deficiencies and warranties, resolution of the Contractor performance issues, general technical assistance, and/or certification of progress payments.

C.4(k) Cost…