43_2_20_SOW_F.pdf

Embassy of the United States of America, Malawi

July 21, 2026

Dear Prospective Offeror:

Subject: Request for Quotes, RFQ# PR16084666

The U.S. Government intends to award a contract/purchase order to the responsible company submitting an acceptable offer at fair and reasonable price. We intend to award a contract based on initial proposals, without holding discussions, although we may hold discussions with companies in the competitive range if there is a need to do so.

Enclosed is a Request for Quotes (RFQ) for renovation and repairs at U.S.

Government property, 43/2/20. If you would like to submit a quotation, follow the instructions in the solicitation, complete the required portions of the attached document, and submit it to the address shown on the Standard Form that follows this letter.

Work shall be carried out in conformance with this Statement of Work (SOW) and

Specifications, General Conditions, and the Contract Terms and Conditions. If there is a conflict between the documents, the Contractor shall follow the more stringent requirement.

The following schedule shall be implemented:

a. Date for site visit expression of interest: July 24, 2026

b. Date for Site Visit: July 28, 2026 @0930 AM

c. Date for questions from site visit: July 29, 2026

d. Date/Deadline for the submission of bids: August 5, 2026 @0200 PM https://ilmsariba.state.sbu/Buyer/Main/aw?awh=r&awssk=3D6n&dard=1

No quotations will be accepted after this stipulated deadline. Quotations must be in English and incomplete quotations will not be accepted. If you would like to attend, you must request permission in writing by sending an email expression of interest to LilongweGSOProcurement@state.gov on or before the date stipulated above. A maximum of two attendees shall be permitted due to security control limitations.

Your quotation must be submitted electronically to

LilongweGSOProcurement@state.gov is important to make sure the submission is made in specific size and format; in MS-Word 2007/2010 or MS-Excel 2007/2010 or Adobe Acrobat (pdf) file format. The file size must not exceed 30MB.

Additional files should be attached to separate emails and less than 30MB each.

In order for a quotation to be considered, you must also complete and submit the following:

1. Signed SF-1442 form

2. Acknowledgement of understanding and acceptance of the Statement of

Work and Specifications

3. Pricing

4. Additional information required to support Evaluation Criteria

5. Proof of SAM Registration, or if not registered in SAM, all required provisions outlined in the FAR Clauses

We welcome your interest in working with the U.S. Embassy in Lilongwe and look forward to reviewing your proposal.

Sincerely, mailto:LilongweGSOProcurement@state.gov mailto:LilongweGSOProcurement@state.gov

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR

INFORMATION CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF PAGES

PR16067746

AREA 40/PLOT 24 KENYATTA DRIVE BOX 30016 ATT GSO

PROCUREMENT

LILONGWE 3 MALAWI

SF 1442 COVER SHEET

A.PRICING

B.STATEMENT OF WORK

C.NSPECTION AND ACCEPTANCE

D.DELIVERIES AND PERFORMANCE

E.CONTRACT ADMINISTRATION DATA

F.SPECIAL TERMS AND CONDITIONS

G.CLAUSES

H.INSTRUCTIONS ON HOW TO SUBMIT A QUOTATION

I.EVALUATION CRITERIA

SEE ITEM 7

KOSLAT MUNTHALI

AUGUST 5,2026

SOFT

02:00PM

AWARD (To be completed by Government)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES

CODE AT

27. PAYMENT WILL BE MADE BY

10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

Adam Gaskins

Adam Gaskins Digitally signed by Adam Gaskins Date: 2026.07.21 15:28:13 +02'00'

TABLE OF CONTENTS

SF-1442 COVER SHEET

A. PRICING

B. STATEMENT OF WORK

C. INSPECTION AND ACCEPTANCE

D. DELIVERIES AND PERFORMANCE

E. CONTRACT ADMINISTRATION DATA

F. SPECIAL TERMS AND CONDITIONS

G. CLAUSES

H. INSTRUCTIONS ON HOW TO SUBMIT A QUOTATION

I. EVALUATION CRITERIA

J. REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS

SECTION A - PRICING

1. FIRM FIXED PRICE CONTRACT

A. The Government contemplates award of a firm fixed price contract resulting from this solicitation.

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

C. Magnitude of Construction Project: In accordance with the scale provided in FAR36.204, it is anticipated that this project is in the price range between $25,000 and $60,000.

D. Payments shall be made in Malawi Kwacha. See payment terms in attached Contract Clauses.

2. OFFERORS’ RESPONSIBLIITIES

A. Each Offeror is responsible for:

1) Thoroughly reviewing the Statement of Work, Specifications, and

Drawings and understanding their requirements.

2) Visiting the project site and becoming familiar with all working conditions, local laws and regulations; and

3) Determining that all materials, equipment and labor required for the work are available.

B. Any ambiguity in the solicitation, including specifications and contract drawings, must be reported to the Contracting Officer. Any prospective

Offeror who requires a clarification, explanation or interpretation of the contract requirements must make a request to the Contracting Officer not less than ten working days before the closing date of the solicitation.

Offerors may rely ONLY upon written interpretations by the Contracting

Officer.

3. PRICE PROPOSAL

A. The Contractor shall complete all work required under this contract -including all labor, materials, overhead, and profit - for the following firm fixed price and within the time specified.

B. The Contractor’s offer shall include the necessary materials to complete the project or provide a clear delineation of the materials excluded from the price which the Contractor would propose be acquired by the U.S.

Government.

C. The Offeror may provide a more detailed or alternative form of a price proposal.

4. PRICE OFFERED

Division/Description Price

VAT

(if applicable) Total

1. Temporary Wall

2. 2. Demolition

3. Construction

4. Restoration works

5. Allowances/ Contingency

TOTAL:

Offeror: Date:

SECTION B - STATEMENT OF WORK

The U.S. Embassy Lilongwe offers the following Statement of Work and

Specifications for consideration, bidding, and upon bid acceptance as a list of required activities in the performance of the Contract in conformance with the

General Requirements, Attestations, and Contract Clauses.

1. INTRODUCTION

1.1 The Statement of Work includes renovation and repairs at U.S.

Government property 43/2/20. The U.S. Embassy Facilities Section will be involved in the execution and coordination of this project with the contractor.

1.2 Pre-Bid Meeting: There will be a pre-bid meeting to verify conditions, materials, and requirements. See the solicitation cover letter for further information.

1.3 Contract Administration:

Contracting Officer (CO):

Adam J Gaskins, Acting General Services Officer

GaskinsAJ@state.gov

Mobile: 099-896-5774

Contracting Officer Representatives (CORs):

Gregory Buie, Assistant Facility Manager

BuieGA@state.gov Mobile: 0883-430-308

Facilities Staff Government Technical Representative (FAC GTR):

Nyson Lozani, Residential Maintenance Supervisor

LozaniNM@state.gov Mobile Number: 0882-265-112 mailto:GaskinsAJ@state.gov mailto:BuieGA@state.gov mailto:LozaniNM@state.gov

2. SUMMARY OF CONDITIONS AND WORK:

2.1 The work includes but not limited to:

2.1.1 Bathroom remodel ( Master Bath, Hallway/Common Bathroom, Powder Room, Guest Wing Bathroom, Guest Room Bath)-including all associated plumbing.

2.1.2 Remove existing kitchen cabinets and install new kitchen cabinets in Guest Wing Kitchenette- Including associated pluming and pipework.

2.1.3 Replace wardrobe doors in Bedroom 1 and 2

2.2 The contractor shall execute all work in conformance with the SOW, specifications, General Conditions, and contract Terms and Conditions.

In the event of conflict between documents, the Contractor shall follow the more stringent requirement.

2.3 General Notes

2.3.1 All tiles, adhesive and grout shall be supplied by the

Embassy. The contractor is responsible for supply and installation of all other materials unless otherwise stated.

2.3.2 Prior to disposal of any existing fittings or materials removed during the works, the Embassy shall inspect all items and identify any it wishes to keep.

2.3.3 Before supplying any materials ( fittings, accessories, cabinets), the contractor shall submit samples or product data sheets to the Embassy for review and approval.

2.3.4 The contractor shall supply and install all plumbing

pipework, connections, and fitting necessary to serve new fittings:

o Shower mixers: above-wall type, Cobra brand o Toilets: SABS STD close- coupled, Betta brand, with heavy-duty seat covers o Wash hand basin with new mixers: Single lever Cobra brand o Water heater: Kwikot brand

3. BATHROOM REPAIRS

3.1 Master Bath

3.1.1 Remove all existing fittings, wall and floor tiles.

3.1.2 Carefully remove the window grill from reinstallation after tiling the walls.

3.1.3 Sand and re-plaster the walls with a waterproof solution before installing tiles.

3.1.4 Supply and install new fittings- bathtub, toilet, shower cubicle ( enlarged to 1200x 900mm), and double handwash basin vanity with associated accessories and ½” mixers,-maintaining the existing layout.

3.1.5 Replace all angle valves with ½ -1/4” turn angle valve.

3.1.6 Install wall and floor tiles

3.1.7 Supply and install sanitary accessories: tissue holder, towel rack, and wall mirror.

3.2 Hallway (Common) Bathroom

3.2.1 Remove all existing fittings, wall and floor tiles.

3.2.2 Carefully remove the window grill for reinstallation after tiling.

3.2.3 Supply and install new fittings- toilet, shower cabin with fixed glass Panel (replacing existing bathtub), and vanity with associated accessories and mixers-maintaining the existing layout.

3.2.4 Install wall and floor tiles.

3.2.5 Supply and install accessories: tissue holder, towel rack, and wall mirror.

3.3 Powder room

3.3.1 Remove all existing fittings, wall and floor tiles

3.3.2 Carefully remove the window grill for reinstallation after tiling.

3.3.3 Supply and install new fittings - toilet, and vanity with drop-in handwash basin, associated accessories and mixer.

3.3.4 Install wall and floor tiles.

3.4 Guest Wing bathroom

3.4.1 Remove all existing fittings, wall and floor tiles.

3.4.2 Carefully remove the window grill (to be reinstalled after tiling the walls).

3.4.3 Replace galvanized pipes in walls with ½” / ¾” PPR class 20 pipes.

3.4.4 Supply and install new fittings - toilet, pedestal handwash basin with associated accessories and mixers, - maintaining the existing layout.

3.4.5 Replace double knob shower mixer with new above wall shower mixer. Install new brass 50mm shower drain with a good slope.

3.4.6 Supply and install sanitary accessories: tissue holders, towel racks, and wall mirror.

3.4.7 Install wall and floor tiles

3.5 Guest room bath

3.5.1 Remove all existing fittings, wall and floor tiles.

3.5.2 Carefully remove the window grill for reinstallation after tiling.

3.5.3 Replace galvanized pipes in the walls with PPR class 20 pipes

3.5.4 Supply and install new fittings - toilet, shower cabin with fixed glass panel (replacing existing bathtub), and vanity with associated accessories and mixers-maintaining the existing layout

3.5.5 Install wall and floor tiles.

3.5.6 Supply and install sanitary accessories: tissue holders, towel racks and wall mirror.

3.5.7 Supply and install new 50-litre water heater for guest wing and staff quarters.

4. GUEST WING KITCHENETTE

4.1 Remove existing kitchen cabinets and kitchen island. Carefully disconnect and set aside the existing sink for reinstallation.

4.2 Remove floor and wall tiles in the kitchenette area and floor tiles throughout the guest wing.

4.3 Supply and install new kitchen cabinets. Reinstall the existing kitchen sink with a new pillar type gooseneck mixer.

4.4 Install floor and wall tiles

5. MAIN KITCHN

5.1 Replace existing water heater with SABS STD 150 -litre with

660kpa and vacuum breakers and pressure control valve.

5.2 Replace all galvanized supply pipes with ½ / ¾” PPR Class 20

Pipes.

5.3 Replace any angle valves that are seized or cannot be fully opened with ½ / ¼” turn.

5.4 Replace existing sink mixer with pillar gooseneck single lever type mixer

5.5 Install control ½ / ¾” valves as required.

6. LAUNDRY

6.1 Replace wall type kitchen mixer with ½ gooseneck single lever

Pillar type mixer

6.2 Install new ¾ ” SABS STD garden taps on washing machine water supply lines.

6.3 Sand the walls and apply POP skim coat to have a smooth finish.

7. CARPENTRY

7.1 Repair the section of the kitchen cabinet located under the sink.

7.2 Replace all wardrobe doors in Bedroom 1 & 2. Maintain sizes, color and material.

SECTION C - INSPECTION AND ACCEPTANCE

1. SUPERVISION, QUALITY ASSURANCE, AND INSPECTION

A. SUPERINTENDENCE BY THE CONTRACTOR: At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor. (FAR

52.236-6)

B. The Contractor shall maintain satisfactory standards of employee competency, conduct cleanliness, appearance and integrity and shall be responsible for taking such disciplinary action with respect to employees as may be necessary.

C. The Contractor shall be qualified or approved by the manufacturer to perform the work for the specified guarantee period. The Contractor shall be responsible for any Manufacturer’s Warranty and Inspection.

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

E. The COR, GTR, or their authorized representatives, may inspect any or all work at all times and places during the Contract, to the extent practicable.

F. The COR, GTR, or their authorized representatives will inspect from time to time the services being performed and the supplies furnished to determine whether work is being performed in a satisfactory manner, and that all supplies are of acceptable quality and standards.

G. These inspections shall follow a Quality Control Check List to:

1) Verify the construction safety guidelines are followed by the contractor.

2) Verify the safe work procures are in use to prevent injury during construction.

3) Verify the contractor’s timetable corresponds with the contract provisions.

4) Verify the contractor is functioning according to the Statement of work.

5) Document all deficiencies in writing

6) Ensure contractors correct deficiencies properly at no cost to the government

H. The Contractor shall be responsible for any countermeasures or corrective action, within the scope of this contract, which may be required by the COR as a result of such inspection. The Contractor shall correct and improve promptly any shortcomings and substandard conditions noted during inspections. The Contractor shall bring any conditions beyond the responsibility of the Contractor to the attention of the Contracting Officer or COR.

2. MATERIALS AND WORKMANSHIP

A. All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract.

No used materials shall be installed or allowed. If a new material is damaged during the installation, the contractor shall replace the item at his/her own expense. The contracting officer or his representative shall approve all materials used before commencement of work.

B. All work under this contract shall be performed in a skillful and workmanlike manner. The COR may require, in writing, that the

Contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.

C. GOVERNMENT FURNISHED PROPERTY: The U.S. government is not providing any materials or equipment to the Contractor.

3. STORAGE OF MATERIALS

A. Proper storage of materials is the sole responsibility of Contractor. Stored materials shall be available for inspection.

B. The Contractor must protect all materials susceptible to damage by weather, including but not limited to all roll goods, insulation, wood, and plywood in dry, above ground, watertight storage. Keep all labels intact and legible, clearly showing the product, manufacturer, and other pertinent information.

C. Temporary buildings (e.g., storage sheds, shops, offices) and utilities may be erected by the Contractor with the approval of the Contracting Officer and shall be built with labor and materials furnished by the Contractor without expense to the Government. The temporary buildings and utilities shall remain the property of the Contractor and shall be removed by the Contractor at its expense upon completion of the work. With the written consent of the Contracting Officer, the buildings and utilities may be abandoned and need not be removed.

D. Store flammable and volatile liquids in sealed containers located a minimum of 20 feet from existing buildings.

E. Liquid products shall be delivered sealed, in original containers. Store roll goods in an upright position.

F. The Contractor shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the COR. The Contractor shall hold and save the Government, its officers and agents, free and harmless from liability of any nature occasioned by the Contractor’s performance.

G. The Contractor shall, under direction prescribed by the COR, use only established roadways, or use temporary roadways constructed by the

Contractor when and as authorized by the COR. When materials are transported in prosecuting the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any applicable law or regulation. When it is necessary to cross curbs or sidewalks, the Contractor shall protect them from damage.

The Contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads.

4. CLEANUP

A. The contractor shall maintain a clean work area.

B. At the end of each working day, the contractor shall clean the area of work and remove all tools and trash from the work area. The Contractor’s

Site Superintendent and U.S. Embassy Staff Representative shall designate sweeping/cleaning requirements daily.

C. The contractor shall use turpentine, thinners or similar harmful chemicals on site only to the extent necessary and appropriate for immediate cleaning of tools that would otherwise be damaged if not cleaned, such as paint brushes. All such harmful chemicals shall be removed from the site for proper disposal. All such harmful chemicals shall be handled in a manner to prevent risks to health and safety and to property consistent with sections 13 and 17 below.

D. Items for installation, debris, and excavation material shall not be left in an area where it may become a tripping hazard. The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials.

E. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Government.

F. Upon completing the work, and prior to submittal of the final invoice, the

Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer.

5. PROTECTION OF EXISTING VEGETATION, STRUCTURES,

EQUIPMENT, UTILITIES, AND IMPROVEMENTS

A. The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed, and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by the COR.

B. The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site, and (2) on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the

Contractor fails or refuses to repair the damage promptly, the Contracting

Officer may have the necessary work performed and charge the cost to the Contractor.

6. AVAILABILITY AND USE OF UTILITY SERVICES:

The Government shall make all reasonably required amounts of electricity and water available to the Contractor from existing outlets and supplies. The

Contractor shall carefully conserve any such utilities furnished without charge.

Inappropriate use of such utilities shall be cause for damages against the

Contractor.

7. TOILET FACILITIES AND COOKING

A. TOILETS: The contractor’s employees shall have the use of staff quarters toilets and shall be escorted by U.S. Embassy Staff. All other toilet facilities are off limits to contractor employees unless coordinated prior to the commencement of work.

B. COOKING: The contractor’s employees shall not cook in or around the property site. No open fires nor pre-approved hotplates are allowed. No open fires shall be allowed outside, in front, or adjacent to the property site. The contractor shall provide box lunches for his/her employees.

8. SHIPMENT AND CUSTOMS CLEARANCE OF IMPORTED

MATERIALS

A. Costs to be borne by Contractor: The Contractor is responsible for paying all charges incurred in obtaining materials that must be imported for the project and in transporting the materials from their place or origin to the construction site. Moving costs shall include, but not necessarily be limited to, packing, handling, cartage, overland freight, ocean freight, transshipment, port, unloading, customs clearance and duties (other than customs duties specified below), unpacking, storage, and all other charges including administrative costs in connection with obtaining and transporting the materials from their source to the project site.

B. Customs Clearance: The Government will be responsible for obtaining customs clearances, and for obtaining exemption certificates or paying customs duties not waived, for imported products, materials and equipment which are labeled and processed in accordance with the

Contracting Officer's instructions. The Government shall not be responsible for obtaining customs clearance for the Contractor's tools, construction equipment or machinery, nor for obtaining visas, entry or work permits for the Contractor's personnel.

C. Duty-free clearance: The Contractor shall not be responsible for customs duties for which the Government has been able to obtain a customs waiver. The Contractor shall follow the instructions of the Contracting

Officer as to the manner of labeling the shipping containers or otherwise processing shipments of imported materials in order to obtain, or continue to receive, duty free clearance through customs. The Contractor shall be responsible for the payment of customs duties, if any, which:

1) are imposed on items which are not labeled and processed in accordance with the Contracting Officer's instructions,

2) are imposed on the Contractor's tools, construction equipment and machinery imported for use on the project, or

3) are otherwise ineligible for duty-free entry. The Contractor is responsible for customs duties where the Contractor has failed to give adequate and timely notice to the Contracting Officer of importation on containers or materials which may be eligible for a customs waiver. The Contracting Officer will provide instructions concerning time periods for notification of importation by the

9. HEALTH AND SAFETY

A. The Contractor is responsible for and shall continue management and implementation of a safety and health program throughout construction to protect the health and safety of the Contractor’s employees, U.S.

Government personnel, any visitors to the site, and the general public.

B. Before commencing the work, the Contractor shall:

1) Submit a written proposed plan for implementing this clause. The plan shall include an analysis of the significant hazards to life, limb, and property inherent in contract work performance and a plan for controlling these hazards; and

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

C. The Contracting Officer and the Post Occupational Safety and Health

Officer [POSHO] reserve the right to suspend work when and where

Contractor's safety and health program is considered to be operating in an inadequate or non-complying manner.

D. The Contractor’s site safety plan shall include the following:

1) Statement of safety and health policy.

2) Administrative responsibilities for implementing the plan.

3) Identification of personnel responsible for accident prevention.

4) Plans for regular safety briefings, hazard communication, and continued safety and health training.

5) Provisions for inspections of work sites, materials, and equipment.

6) Emergency response capabilities to minimize consequences of accidents.

7) Public safety requirements.

E. The Contractor shall appoint a Safety and Health Program Manager who is responsible for implementing the safety plan.

1) The Safety and Health Program Manager shall be qualified to anticipate, identify, evaluate, and implement corrective action in relation to potential safety and health hazards and dangerous exposures for accident prevention.

2) The Safety and Health Program Manager shall conduct inspections as necessary to assess site conditions and conformance with safety practices, and to confirm that safe operating procedures for equipment machinery are consistently implemented. Relevant standards are U.S. Occupational safety and Health Administration, U.S. Army Corps of Engineers, and Malawi safety standards.

3) The Safety and Health Program Manager shall be available to meet with the COR and POSHO as needed to discuss site specific safety and health issues.

F. SAFETY OF PERSONNEL:

1) All employees of the Contractor shall wear the appropriate protective equipment to include hearing, eye, and shoe or work boot protection while at the job site.

2) The Contractor shall prohibit/prevent the presence or use of alcohol or drugs by its employees, permitted subcontractors or suppliers at a job location or performance by any such person under the influence of alcohol or drugs.

G. TOOLS, EQUIPMENT, AND MACHINERY:

1) Quality: Hand tools, power tools, equipment, machinery, materials, and personal protective apparatus shall be of manufacture listed by

U.S. or internationally recognized testing laboratory for specific application for which they are to be used. They shall be quality products recognized for professional construction use, applications, and work practices.

2) Scaffolding: Shall be a standard tubular frame and clamp system manufactured and tested according to international standards. The

Scaffold system shall include the scaffold manufacturers integrated access stairway sections, handrails, toe boards and walking platforms.

3) Safe Clearance Procedure: Prior to initial use, and periodically thereafter at times of continued use, provide inspections of construction tools, equipment, and machinery. Do not permit continued use of tools, equipment, and machinery that are not in good condition.

4) Fall Protection: On unprotected sides of the building edge provide workers with warning lines, guardrail, safety net or personal fall arrest systems or a combination of safety monitoring systems.

5) Hazardous work shall be brought to the attention of the QAI and

POSHO prior to commencing the work.

• Hot Work: Includes all work that results in open flame such as welding, cutting, brazing, and burning. The

Contractor shall provide effective fire protection and prevention at all times during such operations.

• Confined Space: Work in enclosed areas such as sewers, vaults, vessels, manholes, pits, etc.

• Internal Combustion: The use of cranes, forklifts, hoists, or generators powered by petroleum fuel when used on or near the building.

• Explosive Actuated Tools: These include powder charged tools used for fastening purposes.

10. PROJECT CLOSEOUT

A. SUBSTANTIAL COMPLETION

1) Contractor shall submit written request to the COR stating the proposed date of Substantial Completion and schedule Final

Inspection.

2) Written certification shall include:

a) Contract Documents have been reviewed.

b) Project has been inspected for compliance with Contract

Documents.

c) Work has been completed in accordance with Contract

Documents.

d) Equipment and systems have been tested in presence of

Owner's Representative and are operational.

e) Project is complete and ready for final inspection.

3) Quality Assurance Inspector or Post’s Facilities Manager will make a pre-inspection after notification. Should the work not be complete, they will issue an inspection list to Contractor with noted items requiring further consideration.

B. FINAL INSPECTION

1) Contracting Officer’s Representative will make final inspection after notification from Contractor.

2) Should COR consider Work complete in accordance with requirements of Contract Documents, he will request Contractor to begin Final Clean-up and Project Closeout submittals.

3) Should COR consider Work not complete:

a) Contractor shall take immediate steps to remedy the stated deficiencies and submit initialed inspection list to the COR certifying Work is complete.

b) COR will re-inspect Work.

C. REINSPECTING COSTS: Should the Contracting Officer’s

Representative be required to perform subsequent inspections of the

Work due to the failure of the Contractor to correct deficient work, the additional services will be deducted from the final payment to

D. SUBMIT WARRANTY/GUARANTEE: Submit original and duplicate copies of both Contractor's Warranty and Manufacturer's Guarantee for review. After review, Contracting Officer’s Representative shall approve final pay application upon receipt of both Contractor's Warranty and

Manufacturer's Guarantee.

E. SUBMIT EVIDENCE OF PAYMENTS AND RELEASE OF LIENS

1) Contractor's Waiver of Liens.

2) Separate waivers of liens for subcontractors, suppliers, and others with lien rights against property of Owner, together with complete list of those parties.

3) Consent of Surety

F. FINAL APPLICATION FOR PAYMENT

1) The Contractor shall submit a final application for payment to the

COR. It should include a summary of all previous invoices against the original contact sum, any adjustments with the appropriate backup documents, payments received, and final balance due.

2) The COR also will determine if billed services have been satisfactorily performed and if billing is correct. If it is determined that the amount billed is incorrect, the COR will within seven days, request the Contractor to submit a revised invoice.

3) Final payment will not be approved or released until receipt of proper close-out documents.

SECTION D - DELIVERIES AND PERFORMANCE

1. PERMITS, LICENSES, AND OTHER RESPONSIBILITIES:

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits for its work on the project, and for complying with any applicable laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor’s fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract. (FAR 52.236-7)

2. SUBCONTRACTORS:

The Contractor shall be responsible for ensuring that any subcontractors or third-party service providers engaged on the project comply with all applicable terms and conditions of this Agreement.

3. ANTICIPATED PERIOD OF PERFORMANCE

A. Solicitation & Award of Contract:

1) Pre-Proposal Site Visit: 10 days prior to Award

2) Award: Zero Day

B. Pre-Construction Submittals:

1) Insurance & Bonding: 10 days after Award

2) Schedule & Product Data: 10 days after Award

3) Embassy Approval: 10 days after submittal

4) Material Procurement: 20 days after approval

5) Crew Information: 5 days before commencing work

C. Mobilization & Construction:

1) Main Effort: 30 days

2) Final Clean-Up: 5 days prior to completion

D. TOTAL PERIOD OF PERFORMACE: 60 days

4. SUBSTITUTIONS AND PRODUCT OPTIONS

A. "OR-EQUAL CLAUSE":

1) References in the Specifications/Statement of Work to materials, products or equipment by trade name, make, or catalog number, or to specific processes, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The

Contractor may propose for approval or rejection by the COR the substitution of any material, product, equipment or process that the

Contractor believes to be equal to or better than that named in the

Specifications/Statement of Work, unless otherwise specifically provided in this contract.

2) Request for substitution constitutes a representation that

Contractor:

• Has investigated proposed product and determined that it is equal to or superior in all respects to that specified.

• Shall provide same warranties for substitution as for product specified.

• Shall coordinate installation of accepted substitution into

Work and make such other changes as may be required for Work to be complete in all respects.

• Waives all claims for additional costs, under his responsibility, related to substitution which subsequently becomes apparent.

B. PRIOR APPROVAL REQUIRED

1) The Contractor must receive approval in writing from the COR before substitutions (1) proposed by the Contractor but not yet approved at the time of execution of the contract, or (2) proposed by the Contractor after execution of the contract may be used in the project.

2) Sufficient information to permit evaluation by the Government must accompany any substitution request including but not limited to the reasons for the proposed substitution and data concerning the design, appearance, performance, composition, and relative cost of the proposed substitute.

3) The Contractor shall make requests for substitutions in a timely manner to permit adequate evaluation by the Government.

4) If, in the COR’s opinion, the use of such substitute items is not in the best interests of the Government, the Contractor must obtain the items originally specified with no adjustment in the contract price or completion date.

C. APPROVAL THROUGH SHOP DRAWINGS: The Contractor may propose substitutions of materials in the submittal of shop drawings, provided such substitution is specifically requested in writing in the transmittal of the shop drawings to the COR. Such substitution requests must be made in a timely manner and supported by the required information.

D. FINAL APPROVAL ON DELIVERY: Acceptance or approval of proposed substitutions under the contract are conditioned upon approval of items delivered at the site or approval by sample. Approval by sample shall not limit the Government's right to reject material after delivery to the site if the material does not conform to the approved sample in all material respect.

5. SCHEDULE

A. PRECONSTRUCTION CONFERENCE: A preconstruction conference will be held on or around 10 days after contract award to discuss the schedule, submittals, notice to proceed, mobilization and other important issues that affect construction progress (FAR 52.236-26, Preconstruction

Conference).

B. The Contractor shall, within 15 days after award, prepare and submit to the Contracting Officer for approval a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

C. The Contractor shall prepare a monthly progress report, along with the monthly invoice, summing up observations resulting from the inspections, progress, difficulties or irregularities encountered, resolution of problems, measures taken to improve conditions, recommendations, and other matters related to this contract. The monthly progress reports shall include an annotated schedule showing actual progress of the work.

D. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the

Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting

Officer deems necessary to demonstrate how the approved rate of progress will be regained.

E. Failure of the Contractor to comply with the requirements of the

Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor’s right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract, or impose liquidated damages for any additional costs actually incurred by the Government as a result of the Contractor’s failure to meet the schedule.

6. SUSPENSION OF WORK

A. The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

B. If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the

Contracting Officer in the administration of this contract, or (2) by the

Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract

(excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly.

However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

C. A claim under this clause shall not be allowed:

1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

7. WORKING HOURS AND HOLIDAYS

A. The Contractor’s personnel must be accompanied by U.S. Embassy escorts at all times on the job site. No work is allowed without escorts on duty.

B. Access will be available from 08:00 hours until 17:00 (Monday through

Thursday) and from hours and from 08:00 hours until 12:00 (Fridays) during regular workdays, unless mutually agreed in advance.

C. The daily working schedule can be adjusted, if mutually agreed between the COR and Contractor including overtime on Fridays, Saturday, Sunday, and Holidays. U.S. Embassy Escorts will have lunch from 12:00 until 12:45 hours.

D. Contractor personnel are not expected to work on a holiday. Observance of such days shall not be cause for additional period of performance or entitlement to compensation. If the Contractor's personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost.

E. The Contractor must notify the COR and U.S. Embassy Supervisor at least 48 working hours in advance to schedule overtime work or special work hours.

F. OBSERVANCE OF LEGAL HOLIDAYS: The U.S. Embassy in Malawi observes the following holidays:

New Year’s Day U.S. / Malawian

Chilembwe Day Malawian

Martin Luther King Jr. Day U.S.

Presidents’ Day U.S.

Martyrs’ Day Malawian

Eid al-Fitr (TBD) Malawian

Good Friday Malawian

Easter Monday Malawian

Labour Day Malawian

Kamuzu Day Malawian

Memorial Day U.S.

Juneteenth U.S.

Independence Day U.S.

Independence Day Malawian

Labor Day U.S.

Columbus Day U.S.

Mother’s Day Malawian

Veterans Day U.S.

Thanksgiving Day U.S.

Christmas Day U.S. / Malawian

Boxing Day Malawian

1) Plus any other day designated by Federal law, Executive Order or

Presidential Proclamation.

2) The actual date of observance for some holidays may vary if the holiday falls on a weekend.

SECTION E – CONTRACT ADMINISTRATION DATA

652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG

1999)

(a) The Contracting Officer may designate in writing one or more

Government employees, by name or position title, to take action for the

Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer’s Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated;

provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer, and this authority is delegated in the designation.

(b) The CORs for this contract are listed under Section A

Payment: The Contractor's attention is directed to Section H, 52.232-5, "Payments Under Fixed-Price Construction Contracts".

SECTION F - SPECIAL TERMS AND CONDITIONS

1. SECURITY REQUIREMENTS

GENERAL: The contractor shall comply with all security requirements established by the U.S. Government for work performed at the Government residence 10/145. Security compliance is a material condition of the contract.

A. PERSONNEL ACCESS

1) Contractor personnel must have proper site authorization

2) All contractor personnel must be pre-approved by the Government prior to accessing the site.

3) Access badges must be displayed at all times.

B. SITE CONTROL & RESTRICTED AREAS

1) Contractor personnel may be required to be escorted by authorized

Government personnel

2) Work schedule shall be coordinated in advance with the COR and

Post Security Office.

3) No unauthorized photography or recording.

C. VEHICLE CONTROL

1) All vehicles, equipment and materials are subjects to inspection at entry/exit.

2) Park only in designated areas.

3) Do not block emergency or security infrastructure.

D. PROPERTY PROTECTION & REMOVAL

1) The contractor shall safeguard all Government facilities and infrastructure.

2) Any damage caused by the contractor personnel shall be repaired at no additional cost to the Government

3) Failure to comply with these security requirements may result in immediate removal of the personnel from the site.

2. OTHER CONTRACTS

The Government may undertake or award other contracts for additional work at or near the site of the work under this contract. The Contractor shall fully cooperate with the other contractors and with Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting

Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees.

(FAR 52.236-8)

3. USE AND POSSESSION PRIOR TO COMPLETION

A. The Government shall have the right to take possession of or use any completed or partially completed part of the work. Before taking possession of or using any work, the COR shall furnish the Contractor a list of items of work remaining to be performed or corrected on those portions of the work that the Government intends to take possession of or use. However, failure of the COR to list any item of work shall not relieve the Contractor of responsibility for complying with the terms of the contract.