Attachment__Updated_Solicitation.pdf

Issuance Date: June 21, 2018

Questions Due Date and Time: July 5, 2018, 17:00, Eastern Time

Closing Date: July 20, 2018, 17:00, Eastern Time

SUBJECT: Request for Proposals (RFP) No. 72030618R00011

USAID/Afghanistan Southeast Power System (SEPS) Completion II and the Northeast

Power System (NEPS) - Southeast Power System (SEPS) Connector

To All Prospective Offerors:

The United States Government, represented by the U.S. Agency for International Development

(USAID), Afghanistan Office of Acquisition and Assistance (OAA) in conjunction with the

USAID/Afghanistan Office of Infrastructure (OI), is seeking proposals from qualified and eligible organizations to provide the services as fully described in this solicitation.

USAID/Afghanistan anticipates awarding one Firm Fixed Price (FFP) contract as a result of this solicitation. Interested and qualified organizations are invited to submit proposals in accordance with the requirements of this RFP. The Geographic Code for this procurement is 935. USAID will conduct this procurement through full and open competition. Firms formally organized as construction firms or any other interested parties may submit proposals.

This is a Two Phase Design Build Procurement in accordance with FAR 36.3, Two-Phase Design

Build Selection Procedures. In Phase I, interested Offerors will submit performance capability proposals for review and consideration. The Government will evaulate the proposals in accordance with the criteria described herein in order to select the Most Highly Rated Offerors to advance to

Phase II. In accordance with FAR 36.303-1(a)(4), not more than five offerors will be selected to advance to Phase II of the competition without Head of Contracting Agency approval.

In Phase II, detailed plans and specifications for the project will be provided, via an amendment to the solicitation, to only the Offerors advanced from Phase I. The Offerors’ Phase II proposals will be evaluated per the criteria described in the amendment.

The estimated project magnitutde for this contract is between $170,000,000 and $270,000,000. The

North American Industry Classification System (NAICS) code for this acquisition is 237130 (Power and Communication Line and Related Structures Construction).

The procedures set forth in the Federal Acquisition Regulation (FAR) Part 36 shall apply to this solicitation. The procedures set forth in the Federal Acquisition Regulation (FAR) Part 15 will apply to Phase II. Offerors are encouraged to read the entire solicitation. Any questions related to this RFP must be submitted by email to kbloaaoiteam@usaid.gov by the time and date specified above. No questions will be accepted after the specified date. Each e-mail must contain a subject line clearly indicating the name of the Offeror and the solicitation number.

mailto:kbloaaoiteam@usaid.gov

SOL72030618R00011

SEPS Completion II NEPS-SEPS Connector

If questions are received, which affect the responses to the solicitation, or if changes are made to the closing date and time, as well as any other aspects of the RFP, this solicitation will be amended. Any amendments to this solicitation will be issued and posted on the Federal Business Opportunities

(FedBizOpps) website. Offerors are encouraged to check this website at https://www.fbo.gov periodically.

Proposals shall be submitted utilizing the U. S. Army Aviation and Missile Research Development and

Engineering Center Safe (AMRDEC SAFE) Application, as described in Section L via https://safe.amrdec.army.mil/safe . No other forms of submission will be accepted.

The Government reserves the right to award a contract without discussions or the submittal of the final proposal revision, based upon evaluation of the Offeror’s submitted technical and cost information.

Accordingly, the Offeror’s initial offer should contain its best terms for both cost and technical proposal.

Issuance of this solicitation does not in any way obligate the U.S. Government to award a contract nor does it commit the U.S. Government to pay for costs incurred in the preparation and submission of a proposal. Furthermore, the Government reserves the right to reject any and all offers, if such action is considered to be in the best interest of the U.S. Government. Thank you for your interest in USAID programs.

Sincerely, George Boateng

Contracting Officer

Office of Acquisition and Assistance https://www.fbo.gov/ https://safe.amrdec.army.mil/safe/Welcome.aspx

SF-1442

CONTENTS

PART I – THE SCHEDULE

SECTION B: SUPPLIES OR SERVICES AND PRICE

B.1 SERVICE

B.2 CONTRACT TYPE

B.3 CONTRACT PRICE

B.4 BUDGET

B.5 PAYMENT

SECTION C: STATEMENT OF WORK

C.1 PURPOSE

C.2 BACKGROUND

C.3 SCOPE OF WORK

SECTION D: PACKAGING AND MARKING

D.1 BRANDING STRATEGY

D.2 AIDAR 752.7009 – MARKING (JAN 1993)

D.3 ANTICIPATED ELEMENTS OF MARKING PLAN

D.4 APPROVAL OF CONTRACTOR BRANDING IMPLEMENTATION & MARKING PLAN

SECTION E: INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.2 INSPECTION AND ACCEPTANCE

SECTION F: DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2 PERIOD OF PERFORMANCE

F.3 KEY PERSONNEL

F.4 DELIVERABLES AND SCHEDULE

F.5 DELIVERABLE SUBMISSION

F.6 REPORTING ON THE AFGHAN-INFO SYSTEM

F.7 NOTICE TO PROCEED

SECTION G: CONTRACT ADMINISTRATION DATA

G.1 ADMINISTRATIVE CONTRACTING OFFICE

G.2 CONTRACTING OFFICER’S AUTHORITY

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

G.4 PAYING OFFICE AND SUBMISSION OF INVOICES

G.5 ACCOUNTING AND APPROPRIATION DATA:

G.6 CONTRACTOR’S PRIMARY POINT OF CONTACT

PART II – CLAUSES

SECTION H: SPECIAL CONTRACT REQUIREMENTS

H.1 AUTHORIZED GEOGRAPHIC CODE

H.2 CONSENT TO SUBCONTRACTS (DECEMBER 2016)

H.3 RIGHT TO PROCURE FROM OTHER SOURCES (AUGUST 2016)

H.4 MAXIMIZING USE OF LOCAL ENTITIES (AUGUST 2016)

H.5 USAID/AFGHANISTAN SUB-AWARD REQUIREMENTS (APRIL 2016)

H.6 ADS 302.3.5.17 LIMITATION ON SUBCONTRACTING TO NON-LOCAL ENTITIES (JULY

2014) 25

H.7 USAID/AFGHANISTAN PUBLIC POSTING (APRIL 2016)

H.8 USAID/AFGHANISTAN VETTING REQUIREMENT (APRIL 2016)

H.9 USAID/AFGHANISTAN USE OF SYNCHRONIZED PRE-DEPLOYMENT AND

OPERATIONAL TRACKER (SPOT) FOR CONTRACTORS SUPPORTING A DIPLOMATIC OR

CONSULAR MISSION OUTSIDE THE UNITED STATES (SUPPLEMENT TO FAR 52.225-19)

(AUGUST 2016)

H.10 SERIOUS INCIDENT REPORTING (SIR) IN AFGHANISTAN (AUGUST 2016)

H.11 USAID/AFGHANISTAN SMART TRAVELER ENROLLMENT PROGRAM (STEP)

(JANUARY 2016)

H.12 USAID/AFGHANISTAN HOST COUNTRY TAXES AND DUTIES (NOVEMBER 2016)

H.13 ELECTRONIC PAYMENTS SYSTEM (JULY 2014)

H.14 COMPENSATION FOR COOPERATING COUNTRY NATIONALS (CCNs) IN

AFGHANISTAN – ACQUISITION (OCT 2017)

H.15 ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION (DECEMBER 2016)

………………………………………………………………………………………………………30

H.16 DEFENSE BASE ACT (DBA) INSURANCE (OCT 2017)

H.17 PRESS RELATIONS (JANUARY 2017)

H.18 USAID/AFGHANISTAN RESTRICTIONS ON CONTRACTORS EXECUTING AGREEMENTS

WITH GOVERNMENT OF NATIONAL UNITY OF AFGHANISTAN (AUGUST 2016)

H.19 SUBMISSION OF DATASETS TO THE DEVELOPMENT DATA LIBRARY (DDL)

(OCTOBER 2014)

H.20 DATABASE AND GIS/GPS REPORTING REQUIREMENTS (MARCH 2017)

H.21 ENVIRONMENTAL COMPLIANCE

H.22 IMPLEMENTATION OF EXECUTIVE ORDER 13224 ON TERRORISM FINANCING

(AUGUST 2016)

H.23 COMPLIANCE WITH ADS 206 PROHIBITION OF ASSISTANCE TO DRUG TRAFFICKERS

(DECEMBER 2016)

H.24 NONEXPENDABLE PROPERTY PURCHASES (APRIL 2017) (COMPLIANCE WITH ADS

302.3.6.6)

H.25 USAID/AFGHANISTAN COMPLIANCE WITH EXECUTIVE ORDER 13559 FACILITIES

USED FOR RELIGIOUS ACTIVITIES (FEBRUARY 2016)

H.26 USAID/AFGHANISTAN COMPLIANCE WITH SECTION 508 OF THE REHABILITATION

ACT OF 1973, AS AMENDED (AUGUST 2016)

H.27 USAID/AFGHANISTAN FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL

CONFERENCES (AUGUST 2016)

H.28 COMPLIANCE WITH ADS 252 & 253 - TRAINING AND RESULTS AND INFORMATION

NETWORK (TRAINET) (AUGUST 2016)

H.29 ARCHITECTURE/ENGINEERING AND CONSTRUCTION CLAUSES (AUGUST 2016)

H.30 SUBMITTALS, SHOP DRAWINGS, AND AS-BUILTS

H.31 SAFETY

H.32 CONTRACTOR’S RESPONSIBILITY

H.33 CLOSE OUT

H. 34 PERFORMANCE OF THE CONTRACT

H.35 EVALUATION OF CONTRACTOR PERFORMANCE

H.36 COMPLIANCE WITH HOST COUNTRY RULES AND CUSTOMS

SECTION I: CONTRACT CLAUSES

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

I.2 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

I.3 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR

1984) ……………………………………………………………………………………………………...45

I.4 FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)

I.5 FAR 52.225-19 CONTRACTOR PERSONNEL IN A DESIGNATED OPERATIONAL AREA

OR SUPPORTING A DIPLOMATIC OR CONSULAR MISSION OUTSIDE THE UNITED STATES

(MAR 2008)

I.6 52.228-15 PERFORMANCE AND PAYMENT BONDS—CONSTRUCTION (OCT 2010)

I.7 AIDAR 752.222-70 USAID DISABILITY POLICY (DEC 2004)

I.8 AIDAR 752.222-71 NONDISCRIMINATION (JUNE 2012)

I.9 AIDAR 752.229-71 REPORTING OF FOREIGN TAXES (JULY 2007)

I.10 752.7036 USAID IMPLEMENTING PARTNER NOTICES (IPN) PORTAL FOR ACQUISITION

(JULY 2014)

I.11 752.7013 USAID CONTRACTOR-MISSION RELATIONSHIPS (JUNE 2018)

PART III- LIST OF DOCUMENTS, EXHIBITS, & OTHER ATTACHMENTS

SECTION J:LIST OF ATTACHMENTS

Attachment J.1 – Environmental Compliance Documents

Attachment J.2 – Mission Order on National Security Screening (Vetting)

Attachment J.3 – Partner Information Form (PIF) for Vetting

Attachment J.4 – Security Plan Guidance

Attachment J.5 – SF-LLL Disclosure of Lobbying Activities

Attachment J.6– Registration and Tax Exemptions in Afghanistan Guidance

Attachment J.7– Specifications for Key Personnel

Attachment J.8 – Experience Overview

Attachment J.9- Experience Information Sheet

Attachment J.10 – Past Performance Questionnaire

Attachment J.11– Letter of Commitment Sample

Attachment J. 12- Initial Environmental Evaluation

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

K.2 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

K.3 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2017)

K.4 AGREEMENT ON OR EXCEPTIONS TO, TERMS AND CONDITIONS

K.5 SIGNATURE

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

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

………………………………………………………………………………………………………71

L.2 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

L.3 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.4 FAR 52.236-27 -- SITE VISIT (CONSTRUCTION) (FEB 1995)

L.5 GENERAL INSTRUCTIONS FOR SUBMISSION OF PROPOSALS

L.6 EVIDENCE OF RESPONSIBILITY

L.7 DISCLOSURE OF INFORMATION

L.8 AIDAR 752.204-70 PARTNER VETTING PRE-AWARD REQUIREMENTS (FEB 2012)

SECTION M: TECHNICAL EVALUATION CRITERIA

M.1 GENERAL INFORMATION

M.2 EVALUATION APPROACH

M. 3 DISCUSSIONS

M. 4 UNBALANCED PRICING:

M. 5 PRICE REALISM

PART I – THE SCHEDULE

SECTION B: SUPPLIES OR SERVICES AND PRICE

B.1 SERVICE

The contractor shall provide services for the Southeast Power System (SEPS) Completion II and the

Northeast Power System (NEPS) - Southeast Power System (SEPS) Connector as fully described in

Section C.

B.2 CONTRACT TYPE

This is a Firm-Fixed-Price (FFP) contract type.

B.3 CONTRACT PRICE

The Firm-Fixed-Price of this contract is $ ____________(TBD), the maximum dollar value payable to the contractor.

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

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

B.4 BUDGET

(TBD: The budget is to be determined in Phase II.)

B.5 PAYMENT

Payment shall be made in accordance with FAR 52.232-5, Payments under Fixed-Price Construction

Contracts.

USAID hereby obligates the amount of $ (TBD) for the performance and completion of the required services as described in this contract.

[END OF SECTION B]

SECTION C: STATEMENT OF WORK

C.1 PURPOSE

The purpose of the Southeast Power System (SEPS) Completion and the Northeast Power System &

Southeast Power System (NEPS-SEPS) Connector Substations activity is the construction of transmission lines and substations to address critical infrastructure deficiencies in Afghanistan’s power sector.

C.2 BACKGROUND

The SEPS Completion and the NEPS-SEPS Connector Substations activities are components of the approved Power Trasmission, Expansion and Connectivity (PTEC) project that contributed directly to

USAID/Afghanistan’s 2015 - 2018 Plan for Transition under the development objective of

“Sustainable Agriculture-led Economic Growth Expanded,” and intermediate result of “Employment

Opportunities Increased” and sub-intermediate result of “Access to Electricity.”

C.3 SCOPE OF WORK

The project aims to improve Afghanistan’s electric infrastructure with the constructions of the new substations and transmission lines in Ghazni, Zabul, Kandahar and Helmand provinces. These enhancements will help provide more affordable, reliable and sustainable power to a greater number of

Afghans.

The SEPS Completion activity will provide improvements to the power grid in southern Afghanistan in the provinces of Helmand and Kandahar. The power infrastructure improvements will include approximately 100 kilometers of new high voltage transmission lines along with new or improved substations and switchyards. The infrastructure will improve reliability of power transmission from

Kajaki Hydropower Plant (KHP) to Kandahar and communities in between.

The NEPS-SEPS Connector Substations activity includes construction of the Kandahar East and Qalat substations and installation of Reactive Power Compensator/Static VAR Compensator (RPC/SVC) at the Kandahar East, Qarabagh, Muqur and Shah Joy, and Chimtala substations to provide voltage stabilization along the transmission line between Chimtala and Kandahar. The project as a whole will provide access to lower-cost grid power to communities in the provinces of Kabul, Wardak, Ghazni, Zabul, Kandahar and Helmand.

[SPACE LEFT BLANK INTENTIONALLY]

C.3.1 SEPS COMPLETION

The Southeast Power System (SEPS) Completion II will rehabilitate the power grid in southern

Afghanistan between Kandahar and Kajaki, including 114 kilometers of new high voltage transmission lines along with new or improved substations and switchyards.

SEPS Completion II is comprised of:

1. 110kV Transmission line from Kandahar East to Kandahar Breshna Kot (approximately

18km), Kandahar Breshna Kot to Pushmul (approximately 28km), Pushmul to Maiwand

(approximately 37km) and Sangin North to Kajaki Hydroelectric power plant (approximately

31km); this includes three-way switch taps at Kandahar Breshna Kot, Pushmul, Maiwand and

Sangin North substations.

2. The installation of electrical switchgear equipment at 110/20kV Sangin South, sangi North and

13.8kV/20kV Kajaki SAubstations, 20kV Tangi, 110kV Kajaki switchyards including installation of additional bays in Kandahar Breshna Kot and Durai Junction substations.

C.3.2 NEPS-SEPS CONNECTOR SUBSTATIONS

The Northeast Power System (NEPS) - Southeast Power System (SEPS) Connector consists of construction of up to five (5) substations along the NEPS-SEPS transmission line, which is currently under construction by DABS. This component of the NEPS-SEPS will connect Qarabagh to Kandahar

East five (5) substations. The five substations consist of 220/20kV substations at Qarabagh, Muqur, ShahJoy, Qalat and Kandahar East.

This contract includes planning, design, and construction of the substations at Kandahar East Shahjoy, Muqur, Qarabagh, and Qalat . This also may include Reactive Power Compensation (RPC)/Statis

VAR Compensation (SVC) installations in existing Chimtala, Sayedabad, and Ghazni substations. The new infrastructure will improve quantity, quality, and reliability of power transmission from Kajaki

Dam to Kandahar and Kabul to Kandahar.

[END OF SECTION C]

SECTION D: PACKAGING AND MARKING

D.1 BRANDING STRATEGY

(a) In accordance with ADS 320, USAID policy is to require exclusive branding and marking in

USAID direct acquisitions using any source of funds. Contractors and Sub-Contractors' corporate identities or logos must not be used on USAID-funded program materials. Marking is not required on

Contractor vehicles, offices, office supplies or other commodities used solely for administration of the

USAID-funded program. Marking is not permitted on any communications that are strictly administrative, rather than programmatic, in nature. USAID’s identity is prohibited on Contractor and recipient communications related to award administration, such as hiring/firing of staff or renting office space and/or equipment.

(b) The Contractor must develop a broad Branding Implementation Plan (BIP) and Marking Plan (MP) for the contract to describe how the program deliverables will be branded. The branding strategy for this contract, as specified in USAID ADS 320.3.2.1 is as follows:

1. Activity Name: USAID/Afghanistan Southeast Power System (SEPS) Completion II and the

Northeast Power System (NEPS) - Southeast Power System (SEPS) Connector

How the USAID logo will be positioned on materials and communications: All USAID logos on materials and communications produced under this Contract will be positioned in accordance with the standardized USAID regulations on branding. In cases when the activity is jointly sponsored with other U.S. Government (USG) and non-USG entities, the names and/or logos of these entities will be mentioned in the branding, with an equal level of prominence to the USAID logo.

2. Desired level of visibility: All branding must comply with the standardized USAID regulations on branding. All branding for USAID, its partners, and other USG and non-USG entities engaged in a specific activity implemented under this Contract, must have equal representation on all public or internal documentation, publications, advertising, presentations, brochures, etc.

3. Organizations to acknowledge: The branding may acknowledge other organizations deemed as partners of an event or deliverable. When activities occur in coordination with other USG or non-USG partners, acknowledgement of the contribution and efforts of these organizations will be included in any relevant public or internal documentation, publications, advertising, presentations, brochures, etc.

The Contractor will have an activity-specific Branding Implementation Plan (BIP) and Marking Plan

(MP). The Marking Plan may include requests for exceptions to marking requirements for programmatic reasons, to be approved by the Contracting Officer. Waivers, as defined by ADS 320, may be necessary for compelling political, safety, or security concerns, or if the marking will have an adverse effect in the host country. Marking and attribution for physical structures may need to be visible as soon as work commences. If grants are authorized in the Contract, the Contractor must clearly and conspicuously state in the small grants documentation and all delivered procurement that resources for the grant have been donated by USAID and make clear that the Contractor is acting as

USAID’s agent. Contract deliverables to be marked with the USAID identity must follow design guidance for color, type, and layout in the Graphic Standards Manual, available at www.usaid.gov/branding, or any successor branding policies.

D.2 AIDAR 752.7009 – MARKING (JAN 1993)

(a) It is USAID policy that USAID-financed commodities and shipping containers, and project construction sites and other project locations be suitably marked with the USAID emblem. Shipping containers are also to be marked with the last five digits of the USAID financing document number.

As a general rule, marking is not required for raw materials shipped in bulk (such as coal, grain, etc.), or for semi-finished products which are not packaged.

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

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

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

D.3 ANTICIPATED ELEMENTS OF MARKING PLAN

In accordance with ADS 320.3.2.3, a Marking Plan must be developed by Contractors to enumerate the public communications, commodities, and program materials and other items that visibly bear or will be marked with the USAID Identity. As stated in ADS 320.3.2, USAID’s policy is that programs, projects, activities, public communications, or commodities implemented or delivered under contracts and subcontracts exclusively funded by USAID are marked exclusively with the USAID Identity.

Where applicable, a host-country symbol or ministry logo, or another U.S. Government logo may be added.

Except for the manufacturer’s trademark on a commercial item, the corporate identities or logos of

Contractors or sub-Contractors are not permitted on USAID-funded program materials and communications, unless specified in the USAID Graphic Standards Manual or approved in advance by the Principal Officer.

The Marking Plan may include requests for exceptions to marking requirements, to be approved by the

CO. Section 320.3.2.4 describes what the Marking Plan must address. Section 320.3.2.5 lists the exceptions to Marking Plan requirements.

http://www.usaid.gov/branding

D.4 APPROVAL OF CONTRACTOR BRANDING IMPLEMENTATION & MARKING

PLAN

The Contractor’s Branding Implementation Plan/Marking Plan will be reviewed and approved by

USAID and incorporated after award.

[END OF SECTION D]

SECTION E: INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by

Citation Number, Title, and Date) in accordance with the clause at Federal Acquisition Regulation

(FAR) 52.252-2 “Clauses Incorporated by Reference" in Section E of this contract. The full text of a clause may be accessed electronically at this address: http://acquisition.gov/far/index.html.

FEDERAL ACQUISITION REGULATION (FAR)

NUMBER TITLE DATE

52.246-12 Inspection of Construction AUG 1996

52.246-21 Warranty of Construction MAR 1994

52.246-4 Inspection of Services – Fixed Price AUG 1996

E.2 INSPECTION AND ACCEPTANCE

USAID inspection and acceptance of services, reports and other required deliverables or outputs must take place at:

USAID/Afghanistan

Office of Infrastructure

U.S. Embassy

West Compound

Great Massoud Road

Kabul, Afghanistan

The Contracting Officer Representative (COR) listed in Section G has been delegated the authority to inspect and accept all services, reports and other required deliverables. Inspection of all deliverables required hereunder must be made by the COR.

[END OF SECTION E]

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

SECTION F: DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

In accordance with FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract, the following contract clauses are hereby incorporated by reference, with the same force and effect as if they were given in full text. See http://acquisition.gov/far/index.html for electronic access to the full text of a clause.

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

NUMBER TITLE DATE

52.242-14 Suspension of Work APR 1984

F.2 PERIOD OF PERFORMANCE

The period of performance for this project is two years from the notice to proceed (see Section F.7).

F.3 KEY PERSONNEL

Offerors are encouraged to become familiar with personnel requirements located in specification

Sections 01 45 01 USACE Quality Control; 01 35 26 Health and Occupational Safety Requirements;

and 00 73 15 General Requirements in Attachment J. 7 Specifications for Key Personnel.

The key personnel specified below are considered to be essential for the successful performance of this contract. The Contractor must provide the following key personnel for the performance of this contract:

Position Title Name

Project Manager TBD

Construction Quality Control Manager TBD

On-Site Construction Superintendent TBD

Safety Officer TBD

Senior Electrical Engineer TBD

The following personnel must meet the qualifications for the position:

1. Scheduler

2. Design Civil Engineer

3. Design Electrical Engineer

4. Design Structural Engineer

F.3.1 Qualification, Experience & Responsibilities

1) Project Manager:

A minimum of eight (8) years of experience managing projects involving construction projects similar in size, scope and complexity to the project contemplated is required.

A bachelor’s degree in architecture or engineering is highly desired.

2) Construction Quality Control Manager:

At a minimum, must have a bachelor’s degree in Architecture, Engineering or a closely related field with eight of 8 years of experience, on construction projects similar in scope and complexity to the project contemplated for this solicitation.

Or a certification in Construction Management, with a minimum of five (5) years construction experience on construction projects similar in scope and complexity to the project contemplated for this solicitation.

3) On-Site Construction Superintendent:

A minimum of 5 years of horizontal and vertical construction field experience is required.

4) Safety Officer:

A minimum of three (3) years of experience as a safety officer on construction projects that are similar in scope and complexity to the project contemplated for this solicitation.

A bachelor’s degree in Construction Management, Engineering or a closely related field is highly desired.

5) Senior Electrical Engineer

A minimum of 8 years of experience as an electrical engineer on construction projects similar in scope and complexity to the project contemplated for this solicitation, or;

At a minimum, must have a bachelor’s degree in Electrical Engineering with 3 years of experience as an electrical engineer supervising electrical engineering features of work.

6) Scheduler

A minimum of 5 years construction scheduling experience on construction projects similar in scope and complexity to this solicitation.

Cost loaded scheduling ability is highly desired.

7) Design Civil Engineer

A minimum of ten (10) years of experience on construction projects similar in scope and complexity to the project contemplated for this solicitation.

The design civil engineer must have a bachelor’s degree in Civil Engineering with

8) Design Electrical Engineer

A minimum of 10 years of experience on construction projects similar in scope and complexity to the project contemplated for this solicitation.

At a minimum, must have a bachelor’s degree in Electrical Engineering with

9) Design Structural Engineer

Must have at least a bachelor’s degree in Civil Engineering or Structural Engineering

A minimum of ten (10) years of experience as a Structural Engineer on construction projects similar in scope and complexity to the project contemplated for this solicitation.

Degrees must be translated to English and relate to the respective discipline (for example the civil engineer must have a degree in civil engineering). Degrees must be conferred by an accredited institution of higher education, such as U.S. universities or colleges, Afghanistan universities, or international equivalents.

F.4 DELIVERABLES AND SCHEDULE

In accordance with FAR 52.236-15, the Contractor must provide the required deliverables and all reporting requirements per contract document.

[A table with reports will be provided during Phase II and incorporated into this contract document]

F.5 DELIVERABLE SUBMISSION

All reports and deliverables must be sent to the COR in a PDF electronic format. All schedules must be submitted in an unlocked Microsoft Project/and or Primavera and PDF format.

F.6 REPORTING ON THE AFGHAN-INFO SYSTEM

The Contractor shall upload all deliverables except project photos onto USAID’s Afghan-Info on a quarterly basis. The Contractor shall be responsible to request instructions and login information for

Afghan Info, from the COR after the award of the contract

F.7 NOTICE TO PROCEED

a) In order for the Government to issue Notice to Proceed (NTP), the successful offeror will be required to provide the following to the Contracting Officer:

1. Evidence of Defense Base Act (DBA) insurance coverage for employees and all subcontractors at every tier for performance of this contract (mandatory for NTP). This is a contract requirement in accordance with FAR Clause 52.228-3, Worker’s Compensation Insurance

(Defense Base Act).

2. Proof of Synchronized Pre-deployment and Operational Tracker (SPOT) entry of employees performing work under this contract.

3. Performance and Payment Bonds. See 52.228-15 Performance And Payment Bonds—

Construction

After receiving and the above, the Contracting Officer will issue the Contractor a NTP. The Contractor shall then prosecute the work commencing and completing performance not later than the time period established in the contract.

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

[END OF SECTION F]

SECTION G: CONTRACT ADMINISTRATION DATA

G.1 ADMINISTRATIVE CONTRACTING OFFICE

The responsible USAID/Afghanistan office for post-award administration of this contract is:

USAID/ Afghanistan

Office of Acquisition & Assistance (OAA)

Great Massoud Road, G.2 CONTRACTING OFFICER’S AUTHORITY

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

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

Office of Acquisition and Assistance (OAA)

Physical Address:

U.S. Embassy

West Compound

U.S. Address:

Office of Acquisition & Assistance (OAA)

6180 Kabul Place

Dulles, VA 20189-6180

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The Contracting Officer’s Representative (COR) is [insert name]. The COR is located at:

Physical Address:

Office of Infrastructure (OI)

U.S. Embassy

West Compound

U.S. Address:

Office of Infrastructure (OI)

6180 Kabul Place, Dulles, VA 20189-6180

G.4 PAYING OFFICE AND SUBMISSION OF INVOICES

The Government will make payments no more frequently than monthly, unless otherwise provided in this contract. The 14 day period identified in FAR 52.232-27(a)(1)(i)(A) is hereby changed to 30 days.

The Contractor shall address invoices to the Office of Financial Management to below address. The contractor shall make sure to copy the COR in all communications referenced to this award.

Office of Financial Management

Great Massoud Road

Email: kabulaidevouchers@usaid.gov

G.5 ACCOUNTING AND APPROPRIATION DATA:

(Data to be inserted prior to award) mailto:kabulaidevouchers@usaid.gov

G.6 CONTRACTOR’S PRIMARY POINT OF CONTACT

The Contractor’s primary point of contact for this award is:

(Data to be inserted prior to award)

Name: TBD

Title: TBD

Telephone number: TBD

Email address: TBD

[END OF SECTION G]

PART II – CLAUSES

SECTION H: SPECIAL CONTRACT REQUIREMENTS

H.1 AUTHORIZED GEOGRAPHIC CODE

The authorized geographic code for procurement of goods and services under this contract is 935.

H.2 CONSENT TO SUBCONTRACTS (DECEMBER 2016)

(a) In accordance with FAR 52.244-2, Subcontracts, Contracting Officer’s consent has been provided to award subcontracts as proposed in the Contractor’s proposal which resulted in the award of this contract to the following firms for the services or supplies specified in the prime Contractor’s proposal:

Name of Sub-Contractor Services/Supplies:

1. TBD TBD

2. TBD TBD

3. TBD TBD

(b) The Contractor must request Contracting Officer consent and submit the information required by the aforementioned clause for any subcontracts requiring consent but not listed here. In order for the

Contractor to receive consent to subcontract; it must address each of the elements in FAR 44.202-2 for each sub-Contractor. If the Contractor chooses not to request consent to subcontract at the time of proposal submission, it still must identify all sub-Contractors and lower tier sub-Contractors proposed to perform work under the contract. Before using Subcontractor services for this award, the Contractor must submit a vetting request to vetting office with required completed vetting forms and other information as needed and specified under H.8 below.

H.3 RIGHT TO PROCURE FROM OTHER SOURCES (AUGUST 2016)

The Government, under the terms of this contract, retains the right to procure similar services from other sources during the period of this contract. USAID reserves the right to contract with other entities outside of this contract to develop and/or implement activities and projects, including ones that have been identified, studied, developed and/or designed to a prescribed level by the Contractor under an approved contract.

H.4 MAXIMIZING USE OF LOCAL ENTITIES (AUGUST 2016)

The Contractor will channel most of the program implementation costs toward Host Country implementers for the carrying out of activities under the contract, to the extent possible. In keeping with the principles of designing a program for local entities, and where the Contractor determines that program content and efficiency of implementation will be beneficial, the Contractor is strongly encouraged to sub-contract with local NGOs, and local firms in the implementation of this program/activity.

H.5 USAID/AFGHANISTAN SUB-AWARD REQUIREMENTS (APRIL 2016)

Not Applicable.

H.6 ADS 302.3.5.17 LIMITATION ON SUBCONTRACTING TO NON-LOCAL

ENTITIES (JULY 2014)

a) Applicability. This clause applies to:

i. Contracts that have been awarded to those local entities under the authority of and as defined in

Section 7077 of Public Law 112-74, the Consolidated Appropriations Act, 2012 (P.L. 112-74), as amended by Section 7028 of Public Law 113-76, the Consolidated Appropriations Act, 2014, also known as "Local Competition Authority"; and

ii. Contracts awarded to local entities (as defined in Section 7077 of Public Law 112-74) under the authority at AIDAR 706.302-70 Impairment of foreign aid programs.

b) By submission of an offer and execution of a contract, the Contractor agrees that in performance of the contract for—

1) Services (except construction), at least fifty (50) percent of the cost of contract performance incurred for personnel must be expended for employees of the prime/local entity.

2) Supplies (other than procurement from a non-manufacturer of such supplies), the prime/ local entity concern must perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

3) General construction, the prime/ local entity concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

4) Construction by special trade Contractors, the concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

c) By submission of an offer and execution of a contract, the Contractor represents that it is an individual, a corporation, a nonprofit organization, or another body of persons that:

1) Is legally organized under the laws of;

2) Has as its principal place of business or operations in;

3) Is majority owned by individuals who are citizens or lawful permanent residents of; and

4) Is managed by a governing body the majority of who are citizens or lawful permanent residents of the country in which this contract will be primarily performed.

d) For purposes of this clause, “majority owned” and “managed by” include, without limitation, beneficiary interests and the power, either directly or indirectly, whether exercised or exercisable, to control the election, appointment, or tenure of the organization's managers or a majority of the organization's governing body by any means.

H.7 USAID/AFGHANISTAN PUBLIC POSTING (APRIL 2016)

The Contractor must provide a redacted version of the award within 30 days of the effective date and direct the request and redacted copy via e-mail to kblaidoaacompliance@usaid.gov or the award will be posted without alteration on the USAID/Afghanistan website.

H.8 USAID/AFGHANISTAN VETTING REQUIREMENT (APRIL 2016)

The Contractor must comply with USAID/Afghanistan’s Mission Order 201.06, National Security

Screening (Non-U.S. Party Vetting).

A. In accordance with USAID/Afghanistan Mission Order 201.06 - National Security Screening

(Non-U.S Party Vetting) the Contractor must complete and submit a "USAID Information Form" for:

a. Itself, if it is a non-U. S. entity;

b. Each sub-Contractor or sub-Contractor of a sub-Contractor, regardless of the tier, valued cumulatively at $25,000 or more, that is a non-U.S. entity; or

c. Each key individual that is a non-U.S. entity.

B. For purposes of this requirement, the following definitions apply:

a. ''Non-U.S. entity” means:

i. any non-US citizen or non-permanent legal resident of the United States: or

ii. any entity that is not formed in the United States or for which 50% or more of the equity is owned or controlled by persons who are not U.S. citizens or permanent legal residents of the United States.

b. "Key individuals” means:

i. an individual or entity owning 10% or more equity stake in the organization, whether publically- or privately-held:

ii. principal officers of the organization's governing body (e.g., chairman, vice chairman, treasurer or secretary of the board of directors or board of trustees):

a) the principal officer and deputy principal officer of the organization (e.g., executive director, deputy director; president, vice president);

b) the program manager or chief of party for the USAID-financed program: and

c) any other person with significant responsibilities for administration of USAID financed activities or resources.

C. The requirements of paragraph A. of this clause must be completed prior to the Government's acceptance of the contract and following that, at the earlier of:

a. Once a year; or

b. When there is a change or addition to any entity or person identified in paragraph A.

D. USAID reserves the right to rescind approval for a sub-award in the event that USAID subsequently becomes aware of information indicating that the sub-award is contrary to U.S. law or policy prohibiting support for terrorism, or facilitating criminal activity. In such cases, USAID's mailto:kblaidoaacompliance@usaid.gov

Contracting Officer will provide written instructions to the implementing partner to terminate the sub-award.

H.9 USAID/AFGHANISTAN USE OF SYNCHRONIZED PRE-DEPLOYMENT AND

OPERATIONAL TRACKER (SPOT) FOR CONTRACTORS SUPPORTING A

DIPLOMATIC OR CONSULAR MISSION OUTSIDE THE UNITED STATES

(SUPPLEMENT TO FAR 52.225-19) (AUGUST 2016)

In accordance with paragraph (g) Personnel Data, of FAR clause 52.225-19 “Contractor Personnel in a

Designated Operational Area of Supporting a Diplomatic or Consular Mission Outside the United

States (MAR 2008),” the Contracting Officer hereby identifies DoD’s Synchronized Pre-deployment and Operational Tracker (SPOT) as the required system to use for this contract in Afghanistan.

In accordance with Section 861 of the FY08 National Defense Authorization Act (FY08 NDAA), P.L.

110-181, USAID and the Departments of Defense (DOD) and State (DOS) have entered into a

Memorandum of Understanding (MOU) under which USAID has agreed to establish a common database including information on Contractors and Contractor personnel performing work in

Afghanistan. The MOU identifies SPOT as the common database to serve as the repository for this information. Information with regard to Afghan nationals will be entered under procedures provided separately by the Contracting Officer.

All Contractor personnel must be accounted for in SPOT. Those requiring SPOT-generated Letters of

Authorization (LOAs) must be entered into SPOT before being deployed to Afghanistan. If individuals requiring LOAs are already in Afghanistan at the time the Contractor engages them or at the time of contract award, the Contractor must immediately enter into SPOT each individual upon his or her becoming an employee or consultant under the contract. Contract performance may require the use of armed private security Contractor personnel (PSCs). PSCs will be individually registered in SPOT.

Personnel that do not require LOAs will still be required to be entered into SPOT for reporting purposes, either individually or using an aggregate tally methodology. Procedures for using SPOT are available at http://www.dod.mil/bta/products/spot.html. Further guidance may be obtained from the

Contracting Officer’s Representative or the Contracting Officer. It is emphasized that SPOT applies to sub-awards and that this provision must be included in all sub-awards at any tier.

H.10 SERIOUS INCIDENT REPORTING (SIR) IN AFGHANISTAN (AUGUST 2016)

The Contractor is responsible for reporting all serious incidents during performance of the award.

This reporting shall apply to the prime Contractor and all sub-Contractors regardless of the tier (subs of subs and lower, etc.). In addition to reporting, the prime implementing partner is responsible for ensuring timely reporting, investigation of all serious incidents and maintaining on file all records of reported serious incidents.

A serious incident is defined (but not limited to) the following incidents affecting an employee or the implementation of activities paid for with U.S. Government funding regardless of the funding source and tier of the organization:

http://www.dod.mil/bta/products/spot.html

1. Arrest – A legal detention by the Afghanistan National Security Forces (ANSF) or Coalition

Forces (CF)

2. Complex Attack – An attack using multiple means of engagement such as an Improvised

Explosive Device (IED) followed by small arms fire

3. Demonstration – An organized act of protest against legitimate operations that results in violence or the threat of violence

4. Harassment – Interference in legitimate operations by ANSF, RS, or local civilian forces

5. Indirect Fire (IDF) – Attacks in which weapons are not directly aimed at the target (such as mortars, artillery, emplaced rockets but not rocket propelled grenades -RPGs)

6. Improvised Explosive Device (IED) – A bomb made and delivered in a non-conventional way

(body borne IED, vehicle borne IED, remote control IED, magnetic IED etc.)

7. Capture - Illegal or hostile detention by insurgents or criminals for any length of time

a. Abduction: the act of taking someone away by force or fraud

b. Kidnapping: the abduction of a person by force or fraud for use as a hostage

c. Hostage: a person given or held as security for the fulfillment of certain conditions or terms, promises, etc., by another.

8. Land Mine – A manufactured anti-personnel or anti-vehicle mine.

9. Motor Vehicle Accident (MVA) – An airplane, motorcycle, car, or truck crash which results in injury or damage.

10. Robbery – Non-insurgent related theft of property.

11. Small Arms Fire (SAF) – a hostile engagement by a direct fire weapon (such as a pistol, AK-

47, PK machine gun, RPG etc.)

12. Threat – Verbal (in-person, telephone, etc.), SMS (text message), or written message threatening violence or demanding payment in any form.

13. Other – negligent or unintentional firearm discharge, physical altercation between employees, cybersecurity incident, sexual misconduct etc.

INITIAL NOTIFICATION: Contractor must provide initial notification by email or telephone to the

USAID Partner Liaison Security Officer (PLSO), the Contracting, and the Contracting Officer’s

Representative (COR) for accountability purposes of any serious incident as soon as practical, if it cannot be done immediately. This notification must provide as many details as are known at the time about the incident. The email addresses for the PLSO are KabulAIDSSO@usaid.gov and

KabulAIDSSO@state.gov and the telephone numbers are +1 (301) 490-1042 Ext. 3342 or Ext. 3115.

A point of contact (POC) of the prime Contractor must be provided to the PLSO and COR in order for

USAID personnel to follow up on the security incident details. Additionally, if a serious incident which involves an employee wounded in action (WIA) who later succumbs of the wound(s), the implementing partner shall provide the same notification within 24 hours of the death of the individual.

SERIOUS INCIDENT REPORT: Additionally, within 24 hours, the implementing partner must submit an initial Serious Incident Report (SIR) documenting the incident in detail to the USAID PLSO using the form provided. The SIR must include, at a minimum, the award number, the name of the company, location where the incident occurred (Latitude/Longitude, GPS or MGRS coordinates, location name, etc.), time when the incident occurred, a brief description of the events of the incident, details about any known casualties, country of origin of all involved and a point of contact for the

USAID PLSO to request further information as needed. Each SIR must be completed as thoroughly as possible and sent to KabulAIDSSO@usaid.gov (primary) and KabulAIDSSO@state.gov. The prime

Contractor must concurrently send a notice to the USAID (COR) and the Contracting Officer that a

SIR has been submitted to PLSO.

Following the conclusion or solution of the reported incident, a Final SIR should be submitted to the

USAID PLSO to identify the resolution of the reported event and provide details indicating the resolution thereof.

H.11 USAID/AFGHANISTAN SMART TRAVELER ENROLLMENT PROGRAM (STEP)

(JANUARY 2016)

The Contractor must enroll all American citizens traveling to Afghanistan in STEP at www.travel.state.gov. Information provided must be accurate and up-to-date and is applicable to both long-term and short-term travel funded by USAID.

H.12 USAID/AFGHANISTAN HOST COUNTRY TAXES AND DUTIES (NOVEMBER 2016)

The Contractor is advised that equipment, materials, and funds introduced into Afghanistan under the

USAID program are exempt from customs, duties, and taxes. In accordance with the applicable U.S.

Government cost principles, such costs are unallowable and may not be charged to this Award or paid with funding provided in the award. If the Contractor is assessed any such charges, they must bring the proposed assessment to the immediate attention of the Contracting Officer and USAID/Afghanistan.

H.13 ELECTRONIC PAYMENTS SYSTEM (JULY 2014)

1. Definitions:

a. “Cash Payment System” means a payment system that generates any transfer of funds through a transaction originated by cash, check, or similar paper instrument. This includes electronic payments to a financial institution or clearing house that subsequently issues cash, check, or similar paper instrument to the designated payee.

b. “Electronic Payment System” means a payment system that generates any transfer of funds, other than a transaction originated by cash, check, or similar paper instrument, which is initiated through an electronic terminal, telephone, mobile phone, computer, or magnetic tape, for the purpose of ordering, instructing or authorizing a financial institution to debit or credit an account. The term includes debit cards, wire transfers, transfers made at automatic teller machines, and point-of-sale terminals.

2. The Contractor agrees to use an electronic payment system for any payments under this award to beneficiaries, sub-Contractors, or grants under contracts, where applicable.

3. Exceptions. The Contractor is allowed the following exceptions, provided the Contractor documents its contract file with the appropriate justification:

a. Cash payments made while establishing electronic payment systems, provided that this exception is not used for more than six months from the effective date of this award.

http://www.travel.state.gov/

b. Cash payments made to payees where the Contractor does not expect to make payments to the same payee on a regular, recurring basis, and payment through an electronic payment system is not reasonably available.

c. Cash payments to vendors below the micro purchase level as defined by FAR 2.101, or for

Grants under Contracts for less than $3000, when payment through an electronic payment system is not reasonably available.

d. The Contractor has received a specific written exception from the Contracting Officer that a specific payment or all cash payments are authorized, based on the Contractor’s written justification, which provides a basis and cost analysis for the requested exception.

4. More information about how to establish, implement, and manage electronic payment methods is available to Contractors at http://solutionscenter.nethope.org/programs/c2e-toolkit

H.14 COMPENSATION FOR COOPERATING COUNTRY NATIONALS (CCNs) IN

AFGHANISTAN – ACQUISITION (OCT 2017)

H.15 ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION

(DECEMBER 2016)

Not Applicable

H.16 DEFENSE BASE ACT (DBA) INSURANCE (OCT 2017)

a) Pursuant to AIDAR 752.228-3 Worker's Compensation Insurance (Defense Base Act) (DEC 1991) and AAPD 17-01…