RFQ 72061122Q00003 USAID_Zambia Construction Standards Activity Modification 1.pdf

Issuance Date: September 25, 2022 (Modification #1 Issued: October 10, 2022) Virtual Pre-quote Conference Date: October 3, 2022 at 14:00-15:30 Lusaka Time Questions Due Date: October 4, 2022 at 17:00 Lusaka Time Closing Date and Time for Quotes: October 27, 2022 15:00 (Lusaka, Zambia time)

Subject: Request for Quote (RFQ) Number 72061122Q00003

Dear Prospective Offerors, The United States Agency for International Development (USAID) Mission to Zambia is seeking quotes from qualified local Zambian entities to provide resident professional architect and engineering (A&E) services as described in the attached Request for Quotes (RFQ).

USAID/Zambia envisions awarding one time-and-material contract with an expected ceiling of $5 million as a result of this RFQ.

This procurement is restricted to local Zambian entities pursuant Section 7077 of Public Law 112-74 and ADS 302.3.4.5(f). The competition will follow Part 36 of the Federal Acquisition Regulation (FAR) and Part 736 of the USAID Acquisition Regulation (AIDAR). USAID anticipates the award of a Time and Material contract, for a maximum five (5) year period of performance as a result of this RFQ. The North American Industry Classification System (NAICS) code for this solicitation is 541300. The authorized geographic code for the prime contractor of this procurement is 935.

USAID/Zambia has simplified the RFQ to contain only information required for the submission of quotes. As such, portions of this RFQ that only provided contractual terms and conditions have been removed.The RFQ has only the following sections:

Attachment 1: “Section C - Scope of Work” Attachment 2: “Section L - Instructions for Offerors” Attachment 3: “Section M - Evaluation of Quotes”

Offerors are encouraged to review these three attachments closely. In particular, Attachment 2 describes the method and manner for submitting a quote based on this request. In this modified RFQ, new language is highlighted in yellow and language that has been removed from the RFQ is crossed out.

https://www.usaid.gov/ads/policy/300/aidar

72061122Q00003

This RFQ in no way obligates USAID to award a Contract, nor does it commit USAID to pay any cost incurred in the preparation and submission of a quote. Award of a Contract under this RFQ is subject to availability of funds and other internal USAID approvals. This RFQ and any future amendments can be viewed and downloaded from www.sam.gov. USAID bears no responsibility for data errors resulting from transmission or conversion processes.

Thank you for your interest and we look forward to your participation.

Sincerely, Brian LeCuyer Contracting Officer

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 PURPOSE

The purpose of the contract is to provide resident professional architect and engineering (A&E) services in the sectors of transportation, vertical structures, energy and water and sanitation to USAID/Zambia as detailed in Section C.

B.2 CONTRACT TYPE

This is a Time-and-Materials Contract utilizing fixed daily rates for all staff under the contract.

The Government will request the work through the issuance of job orders during the performance period as specified in Section F in accordance with performance standards specified therein. The Contractor must perform the services set forth in job orders at prices consistent with Section B of this contract. Job orders will be charged to the contract.

B.3 CONTRACT CEILING AND OBLIGATED AMOUNT

(a) The total contract ceiling for this award is $5,000,000.

(b) The amount currently obligated and available for reimbursement of allowable costs incurred by the Contractor for performance hereunder is $TBD . The Contractor must not exceed the aforesaid obligated amount.

B.4 LABOR

(a) Each job order shall cite the applicable labor category fixed daily rates specified in the Table of Fixed Daily Rates in Section B.4(a)(1) below. Each fixed daily rate listed below is "loaded" and must only include the following:

- Salary cost or consulting fee of the individual providing the services;

- Payroll costs (fringe benefits, FICA, etc.);

- Indirect costs applicable to labor; and

- Profit or fee, if any.

Fixed daily rates must include consideration of the Contractor's established personnel policies and procedures, except what is covered as Other Direct Costs in B.5. Fixed Daily Rates must not include or be applied to costs covered as other direct costs in Section B.5, such as travel and transportation, local office, etc.

The Fixed Daily Rates set forth below must be fixed for the contract period, and include subcontractors set forth in Section H.19. If a new subcontractor is proposed on other than a fixed-price basis, the Fixed Daily Rates set forth below normally apply, and the new subcontract is subject to consent by the CO.

(1) Table of Fixed Burdened Daily Rates

FIXED BURDENED DAILY RATES

DESCRIPTION Year 1 Year 2 Year 3 Year 4 Year 5

Lead Project Manager

Architect

Civil Engineer

Construction Manager/Inspector

Cost Estimator/Quantity Surveyor

Electrical Engineer

Environmental Engineer

Environmental Specialist

Fire Protection Engineer

Hydraulic Engineer

Land Surveyor Mid-Level

Hydraulic Engineer Mid-Level

Transportation Engineer Mid-Level

Mechanical Engineer

Planners: Urban/Regional

Safety/Occupational Health Engineer

Sanitary Engineer

Structural Engineer

Land Surveyor

Geotechnical Engineer

Transportation Engineer

Hydrogeologist

Social Development/Gender Specialist

(2) Labor Categories - Level of Qualification In order to perform the services set forth in Section C., the Contractor must provide the education and experience levels (e.g., CVs/resumes, NOT salary/rate histories under biographical data sheets) as indicated below of the specific Functional Labor Categories listed above. The qualifications in the categories must correspond to the applicable fixed daily rates provided in Section B.4.(a)(1).

Level Academic Degree* Plus Minimum Years of Relevant Work Experience

Senior Ph.D.

JD /ABD

MS, MA, MBA, BS

BA

Mid-level Ph.D.

JD /ABD

MS, MA, MBA

BS, BA

Junior Ph.D.

JD /ABD

MS, MA, MBA

BS, BA

Less than Bachelor’s

*Highest degree obtained should be related to work being performed.

B.5 OTHER DIRECT COSTS (MATERIALS)

(a) Materials necessary for the performance of the work under job orders, such as travel and transportation, lodging and subsistence are authorized in this contract. Any cost elements included in the fixed daily rates must not be charged as another direct cost.

(b) The CO determines which other direct costs are allowable, allocable, and fair and reasonable in accordance with the applicable federal cost principles (i.e., FAR 31.2 and AIDAR 731.2 for commercial (for profit) organizations or FAR 31.3 and AIDAR 731.3 for educational institutions, or FAR 31.7 and AIDAR 731.7 for other not-for-profit organizations). For those other direct costs the CO authorizes, contractors are allowed to recover applicable indirect costs on these costs, if doing so is part of the contractor's usual accounting procedures, consistent with the applicable cost principles, and are included in the contractor's Negotiated Indirect Cost Rate Agreement.

(c) No profit or fee will be applied to other direct costs, in accordance with FAR 16.601.

B.6 INDIRECT COSTS (APPLICABLE TO ODCs) For the Prime Contractor:

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

Description Rate Base Type Period

TBD 1/ 1/ 1/

1/Base of Application:

Type of Rate: Predetermined Period:

For Major Subcontractor(s):

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

Description Rate Base Type Period

TBD 1/ 1/ 1/

1/Base of Application:

Type of Rate: Predetermined Period:

“Major Subcontractors” are those subcontractors whose proposed cost exceeds 20% of the Offeror’s total proposed cost.

B.7 CEILING ON INDIRECT COSTS

For the Prime Contractor:

(1) Reimbursement for indirect costs shall be at the lower of the negotiated final rates or the following ceiling rates:

Description Rate Base Type Period

TBD 1/ 1/ 1/

1/Base of Application:

Type of Rate: Predetermined Period:

(2) The Government will not be obligated to pay any additional amount should the final indirect cost rates exceed the negotiated ceiling rates. If the final indirect cost rates are less than the negotiated ceiling rates, the negotiated rates will be reduced to conform with the lower rates.

(3) This understanding shall not change any monetary ceiling, obligation, or specific cost allowance or disallowance. Any changes in classifying or allocating indirect costs requires the prior written approval of the Contracting Officer.

For the Major Subcontractor(s):

(1) Reimbursement for indirect costs shall be at the lower of the negotiated final rates or the following ceiling rates:

Description Rate Base Type Period

TBD 1/ 1/ 1/

1/Base of Application:

Type of Rate: Predetermined Period:

(2) The Government will not be obligated to pay any additional amount should the final indirect cost rates exceed the negotiated ceiling rates. If the final indirect cost rates are less than the negotiated ceiling rates, the negotiated rates will be reduced to conform with the lower rates.

(3) This understanding shall not change any monetary ceiling, obligation, or specific cost allowance or disallowance. Any changes in classifying or allocating indirect costs requires the prior written approval of the Contracting Officer.

B.8 KEY CONSIDERATIONS FOR DEVELOPMENT IN A DYNAMIC

ENVIRONMENT

Due to the extremely fluid nature of the Zambian development context, USAID/Zambia must be able to adapt to changing circumstances on the ground. Adaptive management will be required from the implementer in order to maintain, sustain, or expand development gains achieved through activity implementation.

The Contractor must anticipate the need to adapt to changing conditions on the ground either of a positive or negative nature in order to achieve the contract's objectives. These objectives are defined in Section C.

Implementation of these changes will be governed by FAR 52.243-2 (Alternate I) Changes Cost Reimbursement. The changes must be within the general scope of this contract. These changes will be made to address changing circumstances in Zambia. Examples of the circumstances include but are not limited to:

Data indicates and the Mission Director determines in writing that there is a high probability of a crisis developing in the operating environment, requiring adjustments to ongoing programming.

Data indicates and the Mission Director determines in writing that there is a high probability that peace will continue, and the operating environment will stabilize, requiring adjustments to ongoing programming.

The purpose of this section is to inform the Contractor of the very fluid nature of development work in Zambia and the likely need to adapt to changing circumstances while still achieving the contract’s objectives. There may be other needs that require the use of the changes clause but the extreme fluidity of the operating environment in Zambia warrants this section in order to increase the probability of success in achieving the contract’s objectives.

[END OF SECTION B]

ATTACHMENT 1: SECTION C – SCOPE OF WORK

I. INTRODUCTION

USAID/Zambia’s Construction Standards Activity will ensure the integrity of USAID-supported infrastructure projects in Zambia. USAID conducts a wide range of development activities that have a direct infrastructure investment or construction component. Although construction may not be the primary focus of any given activity, when viewed across the entire portfolio, infrastructure projects are an important component of the USAID's development programs.

USAID’s construction related activities in Zambia are typically in the areas of economic development, health, and environment. This activity will provide USAID/Zambia with engineering support and technical expertise to successfully implement its development programs.

II. BACKGROUND

Activities performed under this Contract will complement and reinforce the development activities and engineering expertise of USAID. USAID’s infrastructure programs are in the following sectors:

1. Vertical Structures (structural assessment, and design of hospitals, storage facilities, prefabricated structures, shelters, clinics, schools, government centers and other buildings, including temporary spaces). This could include but not limited to the design and oversight of building systems such as HVAC and oxygen distribution. These services may include the construction oversight, structural assessment, and design of education, health, agriculture, and other structures.

2. Water and Sanitation (urban and rural water supply systems, sanitation facilities, diversion structures, hygiene behavior change, conveyance structures, and irrigation).

These activities may include the planning, assessment, design and training for water resource management, urban and rural water systems, drainage basins and irrigation systems, dams and storage reservoirs, flood control programs, domestic and industrial water supply, and the exploration and development of groundwater resources.

3. Installing Energy Systems and Related Support Structures (power generation, transmission, and distribution systems and subsystems {Carbon-based, Solar, wind, micro hydro, biomass, biogas, natural gas, power plants, transmission lines, distribution lines}).

4. Transportation systems such as roads (paved, gravel), roadbeds, parkways.

5. Altering, rehabilitating, renovating, or repairing (including dredging & excavating) buildings and other infrastructure.

The Contractor must provide a wide range of technical and logistical support, across the above sectors, with a focus on construction supervision and quality assurance to help ensure that the construction projects of USAID meet prescribed standards and contract specifications. The Contractor may provide additional Architect-Engineer (A&E) services including design.

III. SCOPE OF WORK

This Contract must provide USAID with independent engineering support, construction supervision, and quality assurance for ongoing and planned construction, design and operations, and maintenance projects for all areas of USAID supported infrastructure.

Engineering support, construction supervision and quality assurance monitoring is necessary to ensure that infrastructure facilities are built to predetermined engineering and safety standards and according to the terms of USAID’s contract with the partner implementing the infrastructure project. The services provided benefit a range of USAID/Zambia’s offices that rely on infrastructure to accomplish their development objectives including Economic Development, Health, Democracy and Governance, and Education. These services provided are for support of both “off-budget” (direct USAID implemented construction) and possibly “on-budget” (Government of Zambia construction funded by USAID) activities. Both on- and off-budget requests and services must be approved by USAID.

This contract complements and reinforces the activities and engineering expertise of USAID’s staff. The Contractor must provide a full range of long-term and quick response professional architectural and engineering services, quality assurance services, and other logistical and technical support across all sectors (vertical structures, water and sanitation, energy systems, transportation and rehabilitation work) for USAID/Zambia’s infrastructure programs. This could include direct interaction with USAID’s Zambian partners, if USAID conducts construction through on-budget funded programs.

IV. DETAILED WORK REQUIREMENTS

This contract uses a Job Order system to respond to assigned activities which optimize response time, home office reach back, and in providing deliverables. As a support activity, the Contractor’s objective will not be to directly construct infrastructure, but to support USAID and Government of Zambia (GRZ) in ensuring infrastructure integrity. The Contractor must, when directed by the Contracting Officer (CO) and the Contracting Officer’s Representative (COR), provide services which include, but are not limited to:

1. Construction Oversight and Accountability: The Contractor will provide comprehensive A&E related oversight and quality assurance services with accountability to USAID/Zambia. Their overarching responsibility is to support USAID/Zambia so that the Mission receives timely, high quality, cost-effective delivery of products and services that adhere to USAID approved environmental, climate, disability, safety, and health procedures, and to promptly advise the Mission whenever this may not be the case. The contractor must be able to carry out the following:

Example Services:

a. Maintain a written record of processes and results;

b. Review studies, feasibility analyses, and preliminary assessments for proposed infrastructure activities and projects;

c. Review draft and final design documents, including but not limited to detailed design drawings, specifications, operations and maintenance plans, and bills of quantities;

d. Review architectural and engineering documents on USAID’s behalf and ensure that they have the necessary details and specifications to reduce risk and to ensure durable infrastructure elements that are in compliance with all applicable laws, codes, health, safety and disability requirements;

e. Ensure that construction works are in compliance with the approved design and applicable laws, building codes, environmental, climate, and safety requirements;

f. Supervision and/or compliance review of construction works for safety, quality, quantity (volume of works) and time control;

g. Participate in and where necessary perform quality assurance interim testing of materials, systems and system components;

h. Participate in the final inspection and acceptance of works;

i. Review and recommend corrective measures to the proposals, designs, and cost estimates (prepared by the IP or its consultant) for the proposed new activities or for the on-going activities, and provides recommendations to USAID/Zambia on reasonableness and realism of the cost estimates;

j. Work closely with USAID/Zambia respective staff for coordination of activities, provide regular technical feedback on progress, schedule joint monitoring site visits; and

k. Compile and provide technical documents and reports to USAID/Zambia.

2. Planning Support: The Contractor must provide high quality engineering and technical assistance and recommendations in the planning of new activities requested, which includes conceptualization, analysis, and approval of documentation.

Example Services:

a. Provide master planning support for multi-phase projects;

b. Assess capability gaps and infrastructure needs that must be addressed prior to the start of future projects;

c. Carry out pre-design site assessments;

d. Provide cost estimates;

e. Develop conceptual engineering designs;

f. Conduct an assessment of alternatives or value engineering;

g. Draft operations, maintenance, and financing plans collaboratively with stakeholders;

h. As appropriate, assist in compiling and advertising tender/solicitation documents for construction services.

3. Design Services: The Contractor must develop the concept design, from preliminary design stages through to detailed and final design stages, ensuring compliance to the relevant national and/or international standards and reflecting USAID and international best practices.

Example Services:

a. Prepare design development drawings including draft and/or final technical details and specifications appropriate to the design development stage.

b. Develop general and technical specifications.

c. Review and evaluate design to optimize cost.

d. Prepare detailed estimates of construction cost.

e. Submit the necessary design documentation to local and other authorities for approval.

f. Assist in the preparation of documentation for contractor procurement.

4. Design Review: The Contractor must review other USAID partners’ detailed engineering designs, plans, and cost estimates for assigned programs and activities, and ensure that they comply with appropriate national and international standards and reflect Agency and international best practices. As part of the design review, the Contractor will be required to prepare an assessment report as a basis for the USAID’s approval prior to the commencement of construction. The report must certify that the designs and specifications comply with the contract requirements.

Example Services:

a. Review engineering and seismic requirements

b. Review drawings and specifications

c. Review construction schedules

d. Review technical designs

e. Collaborate in the development of Mission Environmental Mitigation and

Monitoring Plans/Water Quality Assurance Plans

f. Estimate Construction Costs

g. Assess alternative design components

5. Construction Supervision: The Contractor must provide both on-site and remote project management oversight support for construction contracts/agreements. This may include extended periods of on-site supervision in remote locations in any of Zambia's ten provinces.

Example Services:

a. Provide expert technical oversight, advice, and support to personnel engaged in infrastructure design, implementation, and/or program modifications

b. Perform administrative functions including, but not limited to, prepare reports, estimate expenditures, review and provide recommendations on payment vouchers, assist in response to audits, assess claims, and perform other related activities

c. Provide administrative, technical, and personnel support to augment host country implementing departments’ capacity to effectively achieve project objectives for on-budget activities

6. Quality Assurance Services: Quality Assurance (QA) is defined as the functions and associated actions performed by the Government to ensure that contract requirements are performed in accordance with specified standards, and that an appropriate level of quality control activities is in place and operational. The Contractor must monitor and evaluate the construction projects implemented by other contractors, grantees and partners through certified engineers and professionals according to local and/or international performance standards.

Example Services:

a. Review material and equipment submittals for compliance with approved quality standards

b. Review and analysis of material field tests and reports

c. Monitor the delivery of goods, their installation, and other services through field inspections, review contractor reports, and meet project personnel and implementer representatives to ensure contract standards are satisfied

d. Measure and monitor cost, schedule and performance

e. Evaluate completed projects or project components and document findings for the improvement of future projects or project components

f. Monitor existing work by others in any of the construction stages

g. Monitor implementation status of operations, maintenance, and financing plan

7. Mentoring/Capacity Building Services: The Contractor will implement a technical mentoring/capacity building component that provides opportunity for technical development of local staff.

Example Services:

a. On-the-job training to align Zambian staff with international best practices including innovative technologies

b. Develop manuals and guides, such as training manuals, construction guides, and equipment guides

c. Employee mentoring program for Zambian staff

d. Local university engagement program

e. Women's internship program

To complete these services the Contractor must provide the following labor categories:

Lead Project Manager Architect Civil Engineer Construction Manager/Inspector Cost Estimator/Quantity Surveyor Electrical Engineer Environmental Engineer Environmental Specialist Fire Protection Engineer Hydraulic Engineer Land Surveyor Hydraulic Engineer Transportation Engineer Mechanical Engineer Planners: Urban/Regional Safety/Occupational Health Engineer Sanitary Engineer Structural Engineer Land Surveyor Geotechnical Engineer Transportation Engineer Hydrogeologist Social Development/Gender Specialist

V. PROJECT MANAGEMENT/JOB ORDERS

A. Ordering:

A&E services will be requested in writing (i.e. job order) by the Contracting Officer (CO) or Contracting Officer Representative (COR), who have sole authority to authorize work under this Contract. For any job order, the Contractor must not exceed the Level of Effort stated by the CO/COR without advance written permission.

Complex work will be summarized in a job order provided by the CO/COR. In general, this order will delineate (1) general scope of work; (2) location of work; (3) character and extent of services; (4) specific technical requirements as contained in the basic contract; (5) anticipated labor requirements; and (6) time period(s) within which the work must be performed. The Contractor cannot exceed the scope and limits provided by the CO/COR without advanced written approval.

The contractor must notify the CO and COR whenever the level of effort provided in the job order is not sufficient to achieve the expected oversight required. In doing so, the Contractor must prepare a plan for review and approval by the CO or COR describing the recommended work and level of effort they feel are necessary to achieve the required oversight.

● Specific performance or quality standards

● Environmental review conclusions and recommended actions

● O&M issues and recommended actions

● Implementation Plan and Schedule of Deliverables

B. Errors and Negligent Performance:

If Job Order deliverables are found to be unsatisfactory or unacceptable, the Contractor must ensure that the work is redone at no additional increase to the total estimated cost of the Job Order. The Contractor must correct or revise any errors, omissions, or deficiencies in designs, drawings, specifications, estimates, and other services without additional compensation.

The Contractor must remain liable in accordance with applicable laws for all damage caused by the Contractor or its consultants, negligent performance of any of the services furnished under the contract, or failure to comply with any applicable legal or contractual obligations.

Design errors or omissions or other failures that constitute negligent performance or breach of a contractual obligation, resulting in damages or extra cost to the Government will be evaluated for potential Contractor financial liability. If the Government determines the Contractor is liable for any such deficiency, the Contracting Officer will notify the Contractor.

C. Acceptance:

Tentative acceptance of work delivered in any installment will be the basis for estimating partial payments for completed work but must not be construed as final acceptance. Work tentatively accepted but proven by subsequent inspection to be not acceptable must be corrected by the contractor in accordance with FAR 52.246-4, Inspection of Services - Fixed-Price. Final acceptance of the work will not be made until all work under the Job Order has been delivered and found to be acceptable.

VI. GEOGRAPHIC FOCUS

The Lead Project Manager must be based in Lusaka, Zambia to facilitate meetings with USAID and other personnel. Field operations will be throughout Zambia to best serve specific needs of Job Orders.

VII. GENDER CONSIDERATIONS

The construction industry is among those industries with massive gender gaps. The industry is dominated by males, with women typically comprising ten percent or less of the workforce. In addition to facing obstacles to equal employment opportunities, female employees often encounter harassment or discrimination in the workplace, ranging from inappropriate language to explicitly sexual harassment. The Contractor will be required to ensure that USAID construction activities address and remove obstacles to these gender gaps and challenges. The Contractor must ensure that services provided are responsive to gender considerations and benefit both women and men. For example, the Contractor must ensure that construction sites have appropriate and separate facilities for men and women, that construction activities have required signage related to trafficking-in-persons, sexual harrassment, and discrimination, and that all construction sites have adequate oversight and management to ensure a work environment free from sexual harassment and misconduct. The contractor must adopt and certify that there is in place a code of conduct to protect both employees and beneficiaries from any form of abuse and/or exploitation, consistent with USAID rules and regulations. The Contractor must immediately address and report to USAID any observed instances of sexual harrassment, mistreatment, violence or gender-based inequality at USAID construction activities.

VIII. RELEASE OF INFORMATION

The Contractor must not, unless authorized in writing by the Contracting Officer, release or provide any information or interpretation concerning data prepared under this contract to prospective construction contractors, manufacturers, or suppliers for their use in bidding or submitting quotations. The Contractor must be aware of and take such precautionary measures as necessary to maintain the confidential nature of all work prepared under this contract. Any quantity surveys and cost estimates prepared by the firm under this contract for use either by the Government or the firm must be considered privileged information and will not be divulged to any third party.

IX. CONFLICT OF INTEREST

The Contractor, its representatives, its subcontractors, or employees performing work under the subject contract must not subsequently provide services of a professional nature to any Contractor, subcontractor, or consultant responsible for any phase of construction of any project developed under the subject contract, participate in construction, or design-build construction contract. In addition, no firm, its subcontractors, or individual performing work under the subject contract must, unless authorized in writing by the Contracting Officer, release or provide any information or interpretations concerning data prepared under this contract to prospective construction contractors, manufacturers, or suppliers for their use in bidding or submitting quotations.

X. SITE VISITS, INSPECTIONS AND INVESTIGATIONS

The Contractor will need to visit and inspect/investigate the site of the project as necessary and required during the preparation and accomplishment of the work under each Job Order. Prior to any site visit, the Contractor must notify the COR of the visit date. All travel, costs, and expenses incurred by the Contractor or their representative(s) including consultants for such site visits, inspections, and investigations must be included in each Job Order.

XI. CONFERENCES AND MEETINGS

The Contractor must attend and participate in all project conferences pertinent to the services as defined by the particular Scope of Work under each Job Order. Periodic meetings may be held whenever requested by the Government, or the Contractor, for discussion of questions and problems relating to the services required under each Job Order.

At the option of the Contracting Officer, the Contractor may be required to attend and participate in other conferences in addition to those included in each Job Order. Labor and travel costs for such meetings/conferences will be negotiated and included by modification to the Job Order.

XII. QUALITY CONTROL

Professional level skills and management practices are required in the performance of each job order under this contract. Accordingly, the Contractor must establish an effective quality control program to assure that the job order end products meet professional standards and comply with the various requirements.

[END OF SECTION C]

SECTION D – PACKAGING AND MARKING

D.1 AIDAR 752.7009 MARKING (JAN 1993)

(a) It is USAID policy that USAID-financed commodities and shipping containers, and project construction sites and other project locations be suitably marked with 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 should be obtained prior to procurement of commodities to be shipped, and as early as possible for project construction sites and other project locations. This guidance will be provided through the cognizant technical office indicated on the cover page of this contract, or by the Mission Director in the Cooperating Country to which commodities are being shipped, or in which the project site is located.

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

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

D.2 BRANDING POLICY

The Contractor shall comply with the requirements of the USAID “Graphic Standards Manual” available at www.usaid.gov/branding, or any successor branding policy.

D.3 BRANDING STRATEGY

In accordance with provision D.2 above, and where applicable, the Contractor shall comply with the requirements of the policy directives and required procedures outlined in USAID Automated Directive System (ADS) 320.3.2 “Branding and Marking in USAID Direct Contracting” (version from May 5, 2009) at http://www.usaid.gov/policy/ads/300/320.pdf; and USAID “Graphic Standards Manual” available at www.usaid.gov/branding, or any successor branding policy.

The Construction Standards Activity requires a program-specific Branding Implementation Plan (BIP) and Marking Plan (MP) to be implemented by the contractor. The Marking Plan may include requests for exceptions to marking requirements or 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. Contract deliverables to be marked with the USAID identity must follow design guidance for color, type, and layout in the Graphic Standards Manual.

Program Name: CONSTRUCTION STANDARDS ACTIVITY

Branding Strategy:

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 http://www.usaid.gov/branding http://www.usaid.gov/policy/ads/300/320.pdf http://www.usaid.gov/branding these entities will be mentioned in the branding, with an equal level of prominence to the USAID logo.

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.

Other organizations to be acknowledged: 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.

[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 FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

52.246-6 INSPECTION--TIME-AND-MATERIALS AND MAY 2001

LABOR-HOUR

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

E.2 INSPECTION AND ACCEPTANCE

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

USAID/Zambia U.S. Embassy Lusaka Subdivision 694/Stand 100 Ibex Hill Road P. O. Box 320373 Lusaka, Zambia or at any other location where the services are performed and reports and deliverables or outputs are produced or submitted. The COR, named in a separate designation letter, will be delegated authority to inspect and accept all services, reports and required deliverables or outputs.

[END OF SECTION E]

SECTION F - DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

The period of performance for this contract is five (5) years from the date of contract award.

F.2 PLACE OF PERFORMANCE

The place of performance is Zambia. The Contractor must be able to perform the requirements of the contract nationally.

F.3 PERFORMANCE STANDARDS

Evaluation of the Contractor’s performance must be conducted in accordance with the performance standards set forth in Section E, the Contractor’s overall performance toward achievement of objectives in Section C, and provision of deliverables in Section F and the Contractor’s compliance with all other terms and conditions of the contract. Each evaluation will be conducted jointly by the COR and CO and must form the basis of the Contractor’s performance record with regard to this Contract and as required in FAR part 42.15 and AIDAR 742.15.

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

1) Technical (Quality of products and services)

2) Cost Control

3) Schedule/Timelines

4) Management or business relations

5) Small business contracting (as applicable).

6) Others (as applicable) (e.g., late payments to subcontractors, trafficking violations, tax delinquency, failure to report in accordance with contract terms and conditions, defective cost or pricing data, terminations, suspension and debarments).

F.4 REPORTS AND DELIVERABLES

The Contactor must submit the following deliverables or outputs to the COR. Job Order reporting requirements will be determined with each job order, but could include:

1) Sector Reports For construction work, additional deliverables may be submitted to the COR and the respective USAID Team leaders for specific sectors (e.g. transportation, vertical structures, energy water and sanitation). Detailed deliverables and delivery dates will be specified for each specific job order. As needed or determined by the COR, the following sector reports must be provided by the contractor:

a) Semi-Monthly Inspection Reports: the Contractor must submit semi-monthly reports describing the results of the regular inspections. The reports should describe the implementing partner’s activities during the period, the Contractor’s findings with regard to the implementing partner’s compliance with contract specifications and schedule, deviations from the contract, if any and the recommend actions, and status of corrective actions taken to address deviations identified in previous reporting periods. Materials, test results and the progress of work.

b) Substantial Completions Inspection Reports: the Contractor must submit a report describing results of the substantial Completion Inspection and Punch List of items requiring corrective actions no later than five (5) days after the inspection.

c) Punch List Verification Inspection Report: No later than five (5) days after the inspection, the Contractor must submit a report describing the status of corrective actions with regard to the Punch List items and modify the Punch List as necessary.

d) Final Inspection Report: No later than five (5) days after the final inspection, the Contractor must submit a report to confirm completion of all Punch List activities.

e) Final Warranty Inspection Report: Not later than five (5) days after the final warranty inspection, the Contractor must submit a report to confirm completion of all corrective actions on deficiencies identified during the warranty period. The warranty period must cover a full year from the time of completion.

f) Monthly progress reports with illustrative photographs of completed and ongoing construction activities.

g) Other reports as needed

2) Quarterly/Annual Reports

a) Financial Reports: The Contractor must submit to the COR, CO, and OFM brief Quarterly Expenditure Reports which will contain a summary page which shows spending by category for the quarter, cumulative spending to date, available funding for the remainder of the activity and any variances from planned expenditures. If there are significant accrued expenditures for the quarter being reported upon which for some reason have not yet been billed to the contract, the Contractor will include a brief note to that effect, with the specific amount involved, thus enabling the COR to accurately track the expenditure rate. These reports will be submitted approximately two (2) weeks before the end of the quarter.

b) Progress Reports: The Contractor must submit quarterly progress reports, and a combined quarterly/annual progress report, no more than 15 days after the end of the reporting period.

These reports must summarize progress of the major activities during the period of performance indicating any problems encountered that could have an adverse effect on budget, scheduling, quality of work and/or safety, gender integration and propose remedial actions as appropriate.

The Contractor must promptly notify the Contractor Officer (CO) and the Contract Officer Representative (COR) of any problems, delays, or adverse conditions, which materially impair the contractor's ability to meet the requirements of the contract.

3) Job Implementation Plan The Contractor will submit a Job Implementation Plan highlighting its process for responding to future job orders no later than 60 days after contract award to the COR. This plan will be subject to written approval by the COR. The plan must address the following: approach, mobilization of staffing, logistics, cost control, Quality assurance (internal), and reporting chain.

4) Periodic Meetings The Contractor will hold periodic meetings with the COR to discuss reports and resolve problems as required. The quarterly report must include the minutes of the periodic meetings and action taken on issues raised in the previous meeting.

5) Monitoring and Evaluation (M&E) Plan The Contractor must submit a M&E Plan within 60 days of the contract award for approval by the COR. The M&E Plan will include the start date of each activity and the expected completion date. Milestones will be established on an activity basis. The M&E Plan will provide a tool for management to track the performance of the contractor. The M&E Plan design should allow results to be tracked by Program Element. For example, if an indicator tracks quality assurance inspections, these must be able to be disaggregated by the corresponding Economic, Health, Education or other Program Element.

F.5 KEY PERSONNEL

(a) The key personnel whom the Contractor shall furnish for the performance of this contract, are as follows:

A. Lead Project Manager (PM) The Contractor must designate a Lead Project Manager (PM) as the primary point of contact whom USAID may contact for procedural and substantive matters. The PM bears primary responsibility for all technical aspects of contract performance as well as management related requirements of the contract. The PM must have strong writing and oral presentation skills, and be knowledgeable about the overall technical, administrative, and logistical responsibility for the effective, efficient, and timely implementation of all activities undertaken by the Contractor.

The PM must hold at least a bachelor’s degree in architecture, engineering, or another construction-related degree with a minimum of 12 years of experience in design, construction, and quality assurance of infrastructure projects, or a master's degree or above with 10 years of such experience. The PM must possess at least 5 years of experience working in Zambia or Southern Africa. In addition, the PM must have at least 5 years of experience in at least mid-level positions of project management. The PM should have extensive experience and knowledge in concepts, principles and practices within the field of science or engineering (professional engineering or architecture registration is mandatory).

The PM must be employed by the Prime Contractor and be based in Zambia. It is expected that the PM’s Level of Effort (LOE) will be no less than 130/days per year.

B. Other Personnel Requirements Technical Specialists (Long-term and Short-term): The Contractor must provide technical specialists in the following technical areas as needed in Job Orders:

● Architect

● Civil Engineer

● Construction Manager/Inspector

● Cost Estimator/Quantity Surveyor

● Electrical Engineer

● Environmental Engineer

● Environmental Specialist

● Fire Protection Engineer

● Hydraulic Engineer

● Mechanical Engineer

● Planners: Urban/Regional

● Safety/Occupational Health Engineer

● Sanitary Engineer

● Structural Engineer

● Land Surveyor

● Geotechnical Engineer

● Transportation Engineer

● Hydrogeologist

● Social Development/Gender Specialist

The Contractor must be able to respond to a wide range of needs, demonstrate flexibility, and have sufficient staff to carry out simultaneous activities in various geographic locations. The Contractor must utilize local Zambian engineers and specialists whenever feasible and to the greatest extent possible. The Contractor is also encouraged to use Zambian public and private institutions, local NGOs, local CSOs and other Zambian entities whenever feasible in the implementation of Job Orders.

Minimum qualifications: Engineers and specialists must have at least a BS degree or equivalent from an accredited college or university in the appropriate branch of engineering or science. The COR will provide the specific requirements and qualifications of the specialists for each specific Job Order. All technical specialists must have experience and qualifications that are directly relevant to the Job Order on which they work, including any appropriate professional licenses or certificates.

F.6 AIDAR 752.7005 SUBMISSION REQUIREMENTS FOR DEVELOPMENT

EXPERIENCE DOCUMENTS (JAN 2004)

(a) Contract Reports and Information/Intellectual Products.

(1) The Contractor shall submit to USAID’s Development Experience Clearinghouse (DEC) copies of reports and information products which describe, communicate or organize program/project development assistance activities, methods, technologies, management, research, results and experience as outlined in the Agency's ADS Chapter 540. Information may be obtained from the Contracting Officer’s Representative (COR). These reports include:

assessments, evaluations, studies, development experience documents, technical reports and annual reports. The Contractor shall also submit two (2) copies of information products including training materials, publications, databases, computer software programs, videos and other intellectual deliverable materials required under the Contract Schedule. Time-sensitive materials such as newsletters, brochures, bulletins or periodic reports covering periods of less than a year are not to be submitted.

(2) Upon contract completion, the contractor shall submit to DEC an index of all reports and information/intellectual products referenced in paragraph (a)(1) of this clause.

(b) Submission requirements.

(1) Distribution.

a. At the same time submission is made to the COTR, the contractor shall submit, one (1) copy each, of 3 contract reports and information/intellectual products (referenced in paragraph (a)(1) of this clause) in either electronic (preferred) or paper form to one (1) of the following:

(i) Online (preferred):

http://dec.usaid.gov/index.cfm

(ii) Via U.S. Postal Service:

Document Acquisitions Development Experience Clearinghouse (DEC) U.S. Agency for International Development

M/CIO/KM, RRB M.01

Washington, DC 20523

(iii) E-mail: docSubmit@usaid.gov

(2) The Contractor shall submit the reports index referenced in paragraph (a)(2) of this clause and any reports referenced in paragraph (a)(1) of this clause that have not been previously submitted to DEC, within 30 days after completion of the contract to one (1) of the addresses cited in paragraph (b)(1)(i) of this clause.

(3) Format.

a. Descriptive information is required for all Contractor products submitted. The title page of all reports and information products shall include the contract number(s), contractor name(s), name of the USAID cognizant technical office, the publication or issuance date of the document, document title, author name(s), and strategic objective or activity title and associated number. In addition, all materials submitted in accordance with this clause shall have attached on a separate cover sheet the name, organization, address, telephone number, fax number, and Internet address of the submitting party.

b. The report in paper form shall be prepared using non-glossy paper (preferably recycled and white or off-white) using black ink. Elaborate art work, multicolor printing and expensive bindings are not to be used. Whenever possible, pages shall be printed on both sides.

c. The electronic document submitted shall consist of only one (1) electronic file which comprises the complete and final equivalent of the paper copy.

d. Acceptable software formats for electronic documents include WordPerfect, Microsoft Word, and Portable Document Format (PDF).