Sol_72067419R00024_Amendment_02.pdf

Regional Office of Acquisition and Assistance

Issuance Date: October 2, 2019, 2019 Pre-proposal Site Visit: October 18, 2019 (Refer to section L6 for details) Questions Due Date: October 25, 2019 at 10:00AM, South Africa Local Time Proposal Due Date: November 14, 2019 at 10:00AM, South Africa Local Time

SUBJECT: Solicitation No. 72067419R00024, Demolition of USAID owned residences and Construction of two new USAID-owned residences in Gaborone, Botswana

To All Prospective Offerors:

The United States Government, represented by the U.S. Agency for International Development/Southern Africa (USAID/Southern Africa), is considering the award of a contract to acquire the services of a construction firm to demolish a residence and construct two new residences in Gaborone, Botswana. This solicitation also includes an option for additional work to demolish one other residence, to be exercised based on USAID’s needs.

Subject to the availability of funds, USAID/Southern Africa intends to award one (1) Firm-Fixed-Price contract, as a result of this solicitation. This procurement will be conducted through full and open competition, under which any type of organization is eligible to apply. The procedures set forth in Federal Acquisition Regulation (FAR) Part 15 and Part 36 apply. The construction completion time is 270 calendar days after the Notice to Proceed has been issued.

The Contractor will provide all resources (labor, management, supervision, tools, material, and equipment) necessary for the demolition of two residences and construction of two new residences identified in Section C, based on the USAID drawings and specifications provided in Section J.

This solicitation consists of this Cover Letter, SF-1442 and the attached solicitation. Offerors must read the entire document. Please pay special attention to Section L.5 “Required Qualifications of Offerors”.

Sections B through J of this solicitation will become the basis for the contract. Any blanks in Sections B through J will be completed by the Contracting Officer before award. Offerors must comply with FAR Clause 52.204-7, System for Award Management (SAM), and adhere to the requirements set forth in Section K – Representations, Certifications and Other Statements of Offerors.

Amendments to this solicitation will be posted on the Federal Business Opportunities website at http://www.fbo.gov. It is the Offeror’s responsibility to check this site periodically for any official updates and amendments to the solicitation. This solicitation in no way obligates USAID to award a contract, nor does it commit USAID to pay any costs incurred in the preparation and submission of a proposal in response hereto. Furthermore, the United States Government reserves the right to reject any and all offers, if such action is considered to be in the best interest of the Government.

Questions and proposals from qualified offerors must be submitted following instructions in Section L.

Proposals will be evaluated in accordance with the evaluation criteria and methodology in Section M. Oral instructions, answers or guidance from any USAID source prior to the award of the contract shall not be binding.

Issuance of this solicitation and the submission of a proposal does not constitute a commitment on the part of the United States Government nor USAID to make an award; neither does it constitute an obligation for any costs incurred in the preparation and submission of a proposal. Award will be subject to funds availability following the proper completion of required USAID internal processes. Furthermore, the United States Government reserves the right to reject any and all offers, if such action is considered to be in the best interest of the United States Government.

All offerors are cautioned to carefully review this cover letter and the contents of the RFP.

Sincerely, Camille Garcia Regional Contracting Officer

Table of Contents

Section A - Solicitation/Contract Form Section B - Supplies or Services/Prices

B.1 PURPOSE

B.2 CONTRACT TYPE

B.3 CONTRACT PRICE

B.4 SCHEDULE OF FIXED‐PRICE CONSTRUCTION SERVICES

B.5 BILL OF QUANTITIES

B.6 52.211‐12 LIQUIDATED DAMAGES – CONSTRUCTION (SEPT 2000)

B.7 PAYMENT METHOD

Section C - Description/Specifications

C.1 SCOPE OF WORK

C.2 ADDITIONAL INSTRUCTIONS

C.3 SITE CONDITIONS

C.4 WARRANTY OF WORK

C.5 LATENT DEFECT LIABILITY PERIOD

C.6 DRAWINGS AND SPECIFICATIONS

C.7 QUALITY CONTROL SYSTEM

Section D - Packaging and Marking Section E - Inspection and Acceptance

E.1 INSPECTION AND ACCEPTANCE

E.2 SUBSTANTIAL COMPLETION

E.3 FINAL COMPLETION AND NOTICE OF FINAL ACCEPTANCE

E.4 QUALITY ASSURANCE

E.5 PERFORMANCE STANDARDS

E.6 52.246‐11 Higher‐Level Contract Quality Requirement (Dec 2014)

Section F - Deliveries or Performance

F.1 PERIOD OF PERFORMANCE

F.2 PLACE OF PERFORMANCE

F.3 AUTHORIZED WORK DAYS / HOURS

F.4 KEY PERSONNEL

F.5 NOTICE TO PROCEED

F.6 NOTICE OF DELAY

F.7 REPORTS AND DELIVERABLES / OUTPUTS

F.8 52.242‐14 Suspension of Work (Apr 1984)

Section G - Contract Administration Data

G.1 CONTRACTING OFFICER

G.2 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

G.3 PAYMENT AND INVOICES

G.4 ACCOUNTING AND APPROPRIATION DATA

G.5 CONTRACTOR’S PRIMARY POINT OF CONTACT

G.6 MODIFICATION AUTHORITY

Section H - Special Contract Requirements

H.1 LANGUAGE REQUIREMENTS

H.2 CONTRACTOR’S STAFF SUPPORT AND ADMINISTRATIVE AND LOGISTICS ARRANGEMENTS

H.3 AUTHORIZED GEOGRAPHIC CODE

H.4 USAID IMPLEMENTING PARTNER NOTICES (IPN) PORTAL FOR ACQUISITION (JUL 2014)

H.5 752.225‐70 SOURCE AND NATIONALITY REQUIREMENTS (FEB 2012) (CLASS DEVIATION NO.

OAA‐DEV‐12‐01C)

H.6 EXECUTIVE ORDER ON TERRORISM FINANCING

H.7 752.222‐70 USAID DISABILITY POLICY (DEC 2004)

H.8 NONDISCRIMINATION (JUN 2012)

H.9 DEFENSE BASE ACT INSURANCE AND SERVICES

H.10 PROHIBITION OF ASSISTANCE TO DRUG TRAFFICKERS

H.11 ELECTRONIC PAYMENTS SYSTEM (PEB 2014‐16)

H.12 752.7013 CONTRACTOR‐MISSION RELATIONSHIPS (JUNE 2018)

H.13 752.7025 Approvals (APR 1984)

Section I - Contract Clauses

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities. (APR 1984)

52.203-5 Covenant Against Contingent Fees. (MAY 2014)

52.203-7 Anti-Kickback Procedures. (MAY 2014)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.

(MAY 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (APR 2014)

52.204-7 System for Award Management (Oct 2018)

52.204-13 System for Award Management Maintenance. (OCT 2018)

52.204-14 Service Contract Reporting Requirements. (OCT 2016)

52.204-22 Alternative Line Item Proposal. (JAN 2017)

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters.

(OCT 2018) 34

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

52.222-50 Combating Trafficking in Persons. (JAN 2019)

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving. (AUG 2011) 34

52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)

52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007)

52.228-4 Workers' Compensation and War-Hazard Insurance Overseas. (APR 1984)

52.228-5 Insurance - Work on a Government Installation. (JAN 1997)

52.232-27 Prompt Payment for Construction Contracts. (JAN 2017)

52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (OCT 2018) 35

52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)

52.233-3 Protest After Award. (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

52.244-6 Subcontracts for Commercial Items. (AUG 2019)

52.248-3 Value Engineering - Construction. (OCT 2015)

752.202-1 Definitions. (JAN 1990)

752.211-70 Language and measurement. (JUN 1992)

752.222-71 Nondiscrimination. (JUN 2012)

752.245-70 Government property - USAID reporting requirements. (OCT 2017)

752.228-3 Worker's Compensation Insurance (Defense Base Act). (DEC 1991)

752.7004 Emergency Locator Information (JUL 1997)

752.7006 Notices. (APR 1984)

752.7008 Use of Government Facilities or Personnel. (APR 1984) 752.7033 Physical Fitness

(JUL 1997) 35

752.7036 USAID Implementing Partner Notices (IPN) portal for acquisition. (JUL 2014)

752.7038 Nondiscrimination against End-Users of Supplies or Services. (OCT 2016)

I.2 CLAUSES IN FULL TEXT

52.204-8 Annual Representations and Certifications (Oct2018)

52.211-6 Brand Name or Equal (Aug 1999)

52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) - Alternate I

(APR 1984) 39

52.216-24 Limitation of Government Liability. (APR 1984)

52.217-4 Evaluation of Options Exercised at Time of Contract Award (JUN 1988)

52.229-6 Taxes - Foreign Fixed-Price Contracts. (FEB 2013)

52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014)

52.232-32 Performance-Based Payments (Apr 2012)

52.236-1 Performance of Work by the Contractor (Apr 1984)

52.236-2 Differing Site Conditions. (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984)

52.236-4 Physical Data. (APR 1984)

52.236-5 Material and Workmanship. (APR 1984)

52.236-6 Superintendence by the Contractor. (APR 1984)

52.236-7 Permits and Responsibilities. (NOV 1991)

52.236-8 Other Contracts. (APR 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984)

52.236-10 Operations and Storage Areas. (APR 1984)

52.236-11 Use and Possession Prior to Completion. (APR 1984)

52.236-12 Cleaning Up. (APR 1984)

52.236-13 Accident Prevention. (NOV 1991) - Alternate I (NOV 1991)

52.236-14 Availability and Use of Utility Services (APR 1984)

52.236-15 Schedules for Construction Contracts. (APR 1984)

52.236-17 Layout of Work. (APR 1984)

52.236-21 Specifications and Drawings for Construction. (FEB 1997)

52.236-26 Preconstruction Conference. (FEB 1995)

52.243-7 Notification of Changes (Jan 2017)

52.246-12 Inspection of Construction. (AUG 1996)

52.246-21 Warranty of Construction. (MAR 1994) (Alternate 1)

52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) - Alternate I (SEP 1996)

52.249-10 Default (Fixed-Price Construction). (APR 1984)

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

752.7037 Child safeguarding standards (Aug. 2016)

Section J - List of Documents, Exhibits and Other Attachments Section K - Representations, Certifications, and Other Statements of Bidders

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. (SEP 2007)

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 69

52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

52.209-2 Prohibition on Contracting With Inverted Domestic Corporations- Representation.

(NOV 2015) 69

52.209-13 Violation of Arms Control Treaties or Agreements-Certification (Jun 2018)

52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran-Representation and Certifications. (AUG 2018)

K.2 PROVISIONS AND CLAUSES IN FULL TEXT

52.204-17 Ownership or Control of Offeror. (JUL 2016)

52.204-20 Predecessor of Offeror. (JUL 2016)

52.209-5 Certification Regarding Responsibility Matters. (OCT 2015)

52.209-7 Information Regarding Responsibility Matters. (OCT 2018)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (FEB 2016)

Section L - Instructions, Conditions, and Notices to Bidders

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting. (JUL 2016)

52.204-18 Commercial and Government Entity Code Maintenance. (JUL 2016)

52.207-1 Notice of Standard Competition. (MAY 2006)

52.215-1 Instructions to Offerors - Competitive Acquisition. (JAN 2017)

L.2 PROVISIONS AND CLAUSES IN FULL TEXT

52.204-7 System for Award Management (Oct 2018)

52.233-2 Service of Protest. (SEP 2006)

52.236-27 Site Visit (Construction). (FEB 1995)

52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

L.3 Pre‐Proposal Conference and Site Visit

L.4 General Instructions to Offerors

L.5 PROPOSAL SUBMISSION INSTRUCTIONS

L.6 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL

L.7 INSTRUCTIONS FOR THE PREPARATION OF THE PRICE PROPOSAL

Section M - Evaluation Factors for Award

M.1 GENERAL

M.2 TECHNICAL EVALUATION SYSTEM

M.3 TECHNICAL EVALUATION CRITERIA

M.4 PRICE EVALUATION

M.5 SOURCE SELECTION

Section A - Solicitation/Contract Form

[USAID will insert from SF-1442 here]

[END SECTION A]

Section B - Supplies or Services/Prices

B.1 PURPOSE

The purpose of this contract is to perform the following works and as further described in Section C, Statement of Work:

Base - Work 1: Demolish the USAID-owned residence at 2483 Tshekedi Road, Gaborone, construct two new residences on the same property.

Option – Work 2: Demolish one residence at 3062 Marakanelo Road, Gaborone, Botswana.

B.2 CONTRACT TYPE

This is a Firm-Fixed-Price (FFP) contract payable in US Dollars (USD).

B.3 CONTRACT PRICE

The total Firm Fixed Price (FFP) of this contract is [To Be Determined] (USD), of which [Amount Base] is exclusively for the Base, and [Amount Option] is exclusively for the Option. Unless authorized in writing by the Contracting Officer (CO), the Contractor must not be entitled to additional compensation above the total FFP, nor above the price of each milestone item stated in Section.

Contract Line Item Number Total Fixed Price CLIN 0001 Base – Work 1 CLIN 0002 Option – Work 2

B.4 SCHEDULE OF FIXED-PRICE CONSTRUCTION SERVICES

This price shall include all labor, management, supervision, tools, materials, equipment and insurance, as well as indirect costs and profit fee (if any).

No additional sums will be payable for any escalation in the cost of materials, equipment or labor, or because of the contractor's failure to properly estimate the cost or difficulty of achieving the results required.

The Government will not adjust the contract price due to fluctuations in currency exchange rates. The Government will only make changes in the contract price or time to complete due to changes made by the Government in the work to be performed, or by delays caused by the Government.

Payments to the Contractor will be certified on a monthly basis subject to successful completion of the following milestones:

Base – Work 1 Milestones: [Base Milestones TBD; from Offeror’s Proposal, price only, not timing.]

Option – Work 2 Milestones: [Option Milestones TBD; from Offeror’s Proposal, price only, not timing.]

A retention amount of 10% of the total contract value will be withheld (from each milestone) in lieu of performance bond. Upon issuance of a Certificate of Substantial Completion (Qualified or Unqualified)

USAID will release 50% of the retained amount to the Contractor. Upon issuance of a Certificate of Final Acceptance USAID will release the remainder of the retained amount to the Contractor, less any money applied to rectify warranty issues.

B.5 BILL OF QUANTITIES

The Bill of Quantities [to be proposed by the Offeror, see Section L.7] will be the basis for the price of all milestones as determined by the Contractor.

B.6 52.211-12 LIQUIDATED DAMAGES – CONSTRUCTION (SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $(1% of the value of the contract/365) for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) Assessment and apportionment of liquidated damages

Liquidated damages will be assessed from the completion date indicated in the contract or extensions thereof to the date of substantial completion as actually achieved by the Contractor, as determined by the Contracting Officer.

B.7 PAYMENT METHOD

Progress payments are authorized in accordance with FAR 52.232-5 Payment under Fixed-Price Construction Contracts and FAR 52.232-32 Performance Based Payments. Payments will be based upon achievement of milestones which will be measured and certified completed works, as specified in Section B4 and within the total fixed price amounts stated in Section B.3. USAID anticipates that invoices for completed milestones shall be submitted on a monthly basis. Attached to the invoice, the Contractor must provide a list of completed milestones based on the schedule in B.4.

Ten percent (10%) of each completed milestone shall be retained from the progress payments. Fifty percent (50%) of the retained amounts shall be released to the Contractor at substantial completion while the remaining Fifty percent (50%) shall be paid at the end of the defects liability period when USAID finally accepts of the works, unless the Punch List value exceeds 50% of the retained amount. If the Punch List value exceeds 50% of the retained amount the Contractor will be paid the eligible amount once the value of the Punch List is less than 50% of the retained amount.

[END OF SECTION B]

Section C - Description/Specifications

C.1 SCOPE OF WORK

The limits of the works are contained on two separate plots owned by USAID in Gaborone, Botswana. The first, Plot 2483 Tshekedi Crescent, and the second, Plot 3064 Marakanelo Way. Both plots currently accommodate existing homes. The home on Plot 2483 Tshekedi Crescent was built in 1975 and measures 203m2. The plot measures approximately 2641m2. Plot 3064 Marakanelo Way measures 4189m2 in area, hosting an existing home of 374m2 which was built in 1978.

In 2017, USAID employed an architectural firm to survey the condition of the home on Plot 3064 Marakanelo Way and to develop designs and cost estimates for the renovation and re-construction of the home. No significant cost difference was found between renovation and reconstruction. The Contractor shall perform all the necessary work to:

1) Base - Work 1: Demolish the existing home on Plot 2483 Tshekedi Crescent and build two new houses; and

2) Option - Work 2: Demolish the house on Plot 3064 Marakanelo Way. This work will be considered an Option Work.

The contractor shall provide all resources (labor, management, supervision, tools, materials and equipment) necessary for the demolition of two residences and construction of two new residences based on the USAID drawings and specifications provided in Section J. Disposal of all demolition and construction debris must be at an approved disposal location, either identified by USAID or at a duly permitted local landfill.

The full designer’s scope of work can be found in Annex J.01 – Scope of Work.

C.2 ADDITIONAL INSTRUCTIONS

Work should be executed in the most logical and time saving way.

All products are to be installed according to Manufacturer’s specifications. Any faults occurring due to non-compliance will become the Contractor’s liability.

Product specifications are to be confirmed with the Oversight Contractor and Contracting Officer’s Representative (COR) prior to ordering of materials.

Timely ordering of materials is the responsibility of the Contractor. Any delays due to late ordering will not be considered a valid reason for extension of time. In the event that orders are delayed beyond the contractor’s control such as manufacturer’s delay or shipper’s delay, then the Contractor must notify the COR in writing with a revised schedule.

The Contractor shall be responsible for providing water and electricity for construction purposes.

Urgent Remedial Work: If, by reason of any accident or failure, or other event at, on, or in connection with the works or any part thereof, during the execution of the Works, any remedial or other repair work shall be urgently necessary for the safety and protection of the works, or persons, or property, and the Contractor is not available or is unable to do such work, USAID may have the necessary work or repair done by others.

Roles and Responsibilities in Contract Administration:

Contracting Officer: 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 to any contract terms and conditions.

Contracting Officer’s Representative (COR): The COR performs the functions specifically delegated to him/her by the CO as per the COR designation letter. The COR is responsible for technical direction related to the day-to-day execution of the Contract. The COR is not authorized to give any instructions to the Contractor that would affect the Period of Performance, Cost or Scope of the work. A copy of the designation letter will be supplied to the Contractor after award of contract. The COR’s role and responsible are further detailed in Section G.2.

Oversight Contractor: The Oversight Contractor provides technical support to USAID during the execution of the contract. The Oversight Contractor manages the Contract as an agent of USAID.

The Oversight Contractor is not a party to the Contract between USAID and the Contractor. The Oversight Contractor is responsible for quality assurance and overall monitoring of the Contractor’s activities on site. The Oversight Contractor is represented on site by a natural person referred to as the “Clerk of Works”. The Clerk of Works will be appointed in writing by the Oversight Contractor, and its authority is limited to observing the execution of the works, and examining and testing materials and workmanship.

Contractor’s Representative (Construction Manager): The Construction Manager will act as the Contractor’s representative on site. The Construction Manager must be appointed in writing as the Contractor’s representative and main point of contact on site. The Construction Manager is responsible for the overall management of all aspects of the construction contract.

C.3 SITE CONDITIONS

The Contractor must determine the geotechnical and drainage characteristics of the site to properly construct the foundation and to limit run-on/runoff and siltation. Any related site information needed will be at the contractor's expense. Any government-provided data is FOR INFORMATION ONLY. If used, the Contractor assumes the risk and validity of the results. Erosion and Sedimentation control must be installed and maintained in accordance with the EMMP. The site will be free of any debris related to the construction services at the end of the project.

The Contractor must stage all equipment and materials within the boundaries of the property.

C.4 WARRANTY OF WORK

The Contractor agrees that:

- Materials and equipment used by the contractor and any subcontractor will be new and of the specified quality;

- The work will be free from defects, other than latent defects, for a period of 1 year after issuance of the Notice of Substantial Completion; and,

- The work will conform to the requirements of the contract specifications.

The one (1) year of warranty will be based upon the date of Notice of Substantial Completion, per FAR 52.246-21 Warranty on Construction.

During the Warranty Period the Contractor shall execute all such repair, reconstruction, rectification and making good of defects, shrinkages, settlements or other faults as may be notified and ordered in writing by USAID.

The Contractor shall search for the cause of any defect, and the cause must be confirmed by the Oversight Contractor. If such defect is one for which the Contractor is liable, the cost of the work carried out by the Contractor in remedy and repair shall be borne by the Contractor.

All such work shall be completed during the Warranty Period or, if necessary, within such time thereafter as USAID shall, in writing, allow, if the reason why the work is being completed later is not attributable to any fault or failure of performance by the Contractor.

If such work is delayed by the Contractor’s own fault, the Warranty Period in respect of the work concerned, shall be extended by the additional time taken by the Contractor to effect completion of the outstanding work.

All such remedial work shall be carried out by the Contractor, At its own expense, if the necessity therefore is due to equipment, or the use of materials, or workmanship not in accordance with the Contract, or to neglect or failure on the part of the Contractor to comply with any obligation under the Contract.

However, if such remedial work is due to any other cause, such work, if carried out by the Contractor, shall be valued and paid for in accordance with the Contract.

Delivery of Remedial Work: If the Contractor shall fail, within 21 calendar days of receipt of written notice from the USAID to do any remedial work, USAID shall be entitled to have such work done by others, and USAID shall be entitled to recover from the Contractor the cost thereof.

Urgent Remedial Work: If, by reason of any accident or failure, or other event at, on, or in connection with the works or any part thereof, either during the execution of the Works or during the Warranty Period, any remedial or other repair work shall be urgently necessary for the safety and protection of the works, or persons, or property, and the Contractor is not available or is unable to do such work, USAID may have the necessary work or repair done by others.

The Oversight Contractor shall, before or as soon as practicable after the occurrence of any such emergency, notify the Contractor thereof, in writing.

If the work so done by USAID is work which the Contractor was liable to do at its own expense under the Contract, all costs incurred by USAID in so doing shall be determined by the Oversight Contractor and USAID shall be entitled to recover from the Contractor such amount.

If the defect is the result of installed equipment under warrant, the Contractor is responsible for enforcing the manufacturer’s warranty (see 52.246-21 Warranty of Construction).

C.5 LATENT DEFECT LIABILITY PERIOD

The latent defects liability period for the works shall commence at the start of the construction period and end five (5) years from the certified date of Notice of Substantial Completion.

Where latent defects appear, USAID will notify the Contractor immediately. The Contractor, within five (5) working days of receipt of the notice, must promptly inspect the defects. The Contractor must complete the remedial works and make good all latent defects that appear up to the date of expiry of the latent defects’ liability period.

C.6 DRAWINGS AND SPECIFICATIONS

The contract drawings are set forth in Section J. In case of differences between small and large-scale drawings, the latter will govern. Where a portion of the work is drawn in detail and the remainder of the work is indicated in outline, the parts drawn in detail shall apply also to all other portions of the work.

Specifications are provided contains standards for such items as materials, testing, and quality. It is the Contractor’s responsibility to become familiar with the standards and specifications. Any questions should be submitted to the CO prior to commencing work.

Where there is a discrepancy between the drawings, specifications and schedule of quantities (BOQ), the following order will govern:

1. Drawings

2. Specifications

3. Bill of Quantities

C.7 QUALITY CONTROL SYSTEM

The Contractor is to establish and maintain an effective quality control system in compliance with FAR 52.246-12 “Inspection of Construction” (see Section E2). The quality control system must consist of plans, procedures, and organization necessary to produce an end product which complies with the contract requirements. The quality control system must cover all construction operations, both onsite and offsite, and be keyed to the proposed construction sequence.

The Construction Oversight Contractor is responsible for Quality Assurance. The Contractor is expected to cooperate and provide samples as requested.

[END OF SECTION C]

Section D - Packaging and Marking

There are no Branding and Marking Requirements in this Solicitation and resulting Contract thereof.

[END OF SECTION D]

Section E - Inspection and Acceptance

E.1 INSPECTION AND ACCEPTANCE

USAID inspection and acceptance of construction, reports and other required deliverables or outputs shall be subject to the performance standards set forth in Sections C and F. Inspection and acceptance shall take place at:

Plot 3064, Marakanelo Road, Gaborone, Botswana and

Plot 2483 Tshekedi Crescent, Gaborone, Botswana

Inspection of all deliverables required hereunder shall be made by the Contracting Officer’s Representative (COR), designated in Section G, who has been delegated authority to inspect and accept all construction, reports and other required deliverables. Acceptance of construction, reports and other deliverables by the COR shall be in writing and will form the basis for payments to the Contractor.

E.2 SUBSTANTIAL COMPLETION

Substantial Completion is defined as a stage in the construction where an activity can be considered fit for the purpose of service and occupation without danger or undue inconvenience to USAID. This includes clearing the premises per 52.236-12 Cleaning Up. The status of substantial completion triggers the start of the Warranty Period.

When the Contractor determines the construction is substantially complete, the Contractor must provide USAID a Notice of Substantial Completion. After receiving the Notice the USAID COR will, within 14 days, schedule a joint inspection consisting of USAID COR, the Oversight Contractor, and the prime Contractor. Based on the joint inspection the USAID COR will submit a report to the USAID Contracting Officer. The Contracting Officer will respond to the Contractor and either;

1. Decline to issue the Certificate of Substantial Completion. In which case the report would include a list of defects (Punch List) for the Contractor to remedy or repair.

2. Issue a Qualified Certificate of Substantial Completion. In which case the report would include a list of minor defects (Punch List) for the Contractor to remedy or repair.

3. Issue an Unqualified Certificate of Substantial Completion.

Issuance of either a Qualified Certificate of Substantial Completion, or an Unqualified Certificate of Substantial Completion triggers the beginning of the Warranty Period, and the works will be deemed to have been completed for the purposes of 52-211-12 Liquidated Damages – Construction.

Upon receiving USAID’s Certificate of Substantial Completion (Qualified or Unqualified) the Contractor will hand over the completed facilities to USAID, and USAID shall be entitled to take occupation of the works. If USAID has issued a Punch List, USAID will give the Contractor access to complete the works and remedy any and all Punch List issues.

Upon completion of all remedies the Contractor will notify USAID to trigger another inspection. If USAID finds all of the Punch List items have been remedied, then USAID will issue an Unqualified Certificate of Substantial Completion.

If upon inspection USAID declines to issue a Certificate of Substantial Completion, the Contractor must complete the remedies or repairs on the Punch List, and may again notify USAID and the Oversight Contractor to trigger another inspection.

Upon issuance of the Unqualified Certificate of Substantial Completion, 50% of the retention amount will be released to the Contractor. The remainder of the retained amount will be held until the Notice of Final Acceptance has been issued to the Contractor.

E.3 FINAL COMPLETION AND NOTICE OF FINAL ACCEPTANCE

Final Completion is when the Government accepts the completed facility after the Warranty Period and accepts all liabilities. Notice of Final Acceptance is the official communication from the USAID Contracting Officer to the Contractor demonstrating Final Completion.

At the end of the Warranty Period, if the Contracting Officer is satisfied that the work under the contract is complete, all deliverables have been submitted and accepted, and all Punch List items have been remedied or repaired, the Contracting Officer shall issue to the Contractor a Certificate of Final Acceptance. Per Section B.3, upon issuance of a Certificate of Final Acceptance USAID will release the remainder of the retained amount to the Contractor, less any money applied to rectify warranty issues.

E.4 QUALITY ASSURANCE

Quality Assurance will be provided by a third-party Oversight Contractor. The COR will receive all QA documentation and may request that the Construction Contractor change, revise, or alter procedures based upon findings of the QA inspection.

E.5 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:

a) Technical (Quality of products and services)

b) Cost Control

c) Schedule/Timeliness

d) Management or business relations

e) Small business contracting (as applicable).

f) 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).

E.6 52.246-11 Higher-Level Contract Quality Requirement (Dec 2014)

(a) The Contractor shall comply with the higher-level quality standard(s) listed below.

Occupational Health and Safety Act, Act 85 of 1993.

SANS 1238:2005 - Air conditioning ductwork South African National Building Regulations. SANS 10400 The Standard Regulations for the Wiring of Premises compiled by the South African Institute of Electrical Engineers.

The by-laws and regulations of the local authority for the particular area in which the building site falls (Gaborone City Council).

Relevant codes of practice as compiled by the South African Bureau of Standards.

Local fire regulations.

SANS 0142 Code of practice for the wiring of premises.

(b) The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts, in-

(1) Any subcontract for critical and complex items (See 46.203(b) and (c)); or

(2) When the technical requirements of a subcontract require-

(i) Control of such things as design, work operations, in-process control, testing, and inspection;

or

(ii) Attention to such factors as organization, planning, work instructions, documentation control, and advanced metrology.

(End of clause)

[END OF SECTION E]

Section F - Deliveries or Performance

F.1 PERIOD OF PERFORMANCE

The period of performance for this contract is 635 calendar days (270 + 365) commencing after the Notice to Proceed for the Base – Work 1 has been issued.

Award Date: [TBD] Submission of Insurance Deadline: [Award Date + 14 calendar days] Notice to Proceed: [Submission of Insurance + 1 business day] Substantial Completion Deadline: [Notice to Proceed + 270] Warranty Period: [Certificate of Substantial Completion + 365]

The Contractor will remain liable for any defects through the Warranty Period (see Section C.4).

F.2 PLACE OF PERFORMANCE

The place of performance under this contract as specified in section C.1 - Scope of Work is:

Base – Work 1: 2483 Tshekedi Road, Gaborone, Botswana and Option – Word 2: 3062 Marakanelo Road, Gaborone, Botswana

F.3 AUTHORIZED WORK DAYS / HOURS

(a) All work shall be performed during the following hours:

- Monday through Friday: between 07:30 to 17:00 (local time)

Other hours, if requested by the Contractor, may be approved by the CO. The Contractor shall submit a request 24 hours in advance to COR who will consider any deviation from the hours identified above.

Changes in work hours shall not be a cause for a price increase.

(b) The Site will generally be closed over the following holidays:

- January 1, 2020 New Year’s Day

- April 10, 2020 Good Friday

- April 13, 2020 Easter Monday

- May 1, 2020 Labor Day

- May 21, 2020 Ascension Day

- July 1, 2020 Sir Seretse Khama Day

- July 15, 2020 President’s Day

- September 30, 2020 Botswana Day

- December 25, 2020 Christmas Day

- December 26, 2020 Boxing Day

However, inside work may be authorized at the Contracting Officer’s discretion. If there is work on the site, noise must be maintained at a minimum.

Observance of such days by the Contractor’s personnel shall not be a cause for additional period of performance or entitlement to compensation except as set forth in the contract.

F.4 KEY PERSONNEL

The Contractor will furnish Key Personnel as stated below:

Position Name

- [TBD] [TBD]

- [TBD] [TBD]

- [TBD] [TBD]

Specific minimum qualifications, experiences and anticipated roles of Key Personnel positions must include:

a) Position Title: [TBD] Role: [TBD]

Education Requirements: [TBD] Registration Requirements: [TBD]

Experience Requirements: [TBD]

b) Position Title: [TBD] Role: [TBD]

Education Requirements: [TBD] Registration Requirements: [TBD]

Experience Requirements: [TBD]

c) Position Title: [TBD] Role: [TBD]

Education Requirements: [TBD] Registration Requirements: [TBD]

Experience Requirements: [TBD]

d) Position Title: [TBD] Role: [TBD]

Education Requirements: [TBD] Registration Requirements: [TBD]

Experience Requirements: [TBD]

e) Position Title: [TBD] Role: [TBD]

Education Requirements: [TBD] Registration Requirements: [TBD]

Experience Requirements: [TBD]

The Key Personnel specified above are considered to be essential to the work being performed hereunder.

Prior to replacing any of the specified individuals, the contractor will immediately notify both the

Contracting Officer and Contracting Officer’s Representative (COR) reasonably in advance and will submit written justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No replacement of personnel will be made by the contractor without the written consent of the Contracting Officer.

Unless failure to provide the designated key personnel as specified above is beyond the control, and without the fault or negligence, of the contractor (e.g., non-acceptance or termination of employment by the individual, illness or death of the individual), failure to provide such key personnel as specified above may be considered nonperformance by the contractor.

F.5 NOTICE TO PROCEED

After receiving and accepting evidence of insurance, the Contracting Officer will issue the Contractor a Notice to Proceed to perform Work 1 which is to demolish the USAID-owned residence at 2483 Tshekedi Road, Gaborone and construct two new residences on the same property.

Should USAID decide to proceed with Work 2, USAID will issue a separate Notice to Proceed to perform Work 2 which is to demolish the house on Plot 3064 Marakanelo Way.

The Contractor shall then proceed with the work commencing and completing performance not later than the time period established in the contract.

F.6 NOTICE OF DELAY

If the Contractor receives a notice of any change in the work, or if any other conditions arise which are likely to cause or are actually causing delays which the Contractor believes may result in late completion of the project, the Contractor shall notify the Contracting Officer. The Contractor’s notice shall state the effect, if any, of such change or other conditions upon the approved schedule, and shall state in what respects, if any, the relevant schedule or the completion date should be revised. The Contractor shall give this notice not more than ten (10) calendar days after the first event-giving rise to the delay or prospective delay. Only the Contracting Officer may make revisions to the approved time schedule.

F.7 REPORTS AND DELIVERABLES / OUTPUTS

The Contractor must submit reports, deliverables or outputs as further described below to the COR. All written documentation (correspondence, reports, information sheets, etc.) for submission by the contractor to USAID must be in English. Unless otherwise specified, the number of days specified are calendar days.

Item Deliverable Due Date 01 Proof of Insurance Within 14 days of signing the contract 02 Work Plan/Mobilization Plan Within 14 days of signing the contract 03 Construction Schedule Within 14 days of signing the contract 04 Quality Control Plan Within 14 days of signing the contract

05 Health and Safety Plan Within 14 days of signing the contract

06 Environmental Mitigation and Management Plan Within 14 days of signing the contract

07 Weekly Progress Meetings Weekly; starting after Notice to Proceed

08 Monthly Progress Reports Monthly; starting the first full month Notice to Proceed, due within five days of the end of each month

09 Notification of Substantial Completion 270 days after Notice to Proceed

10 Operations Manual 270 days after Notice to Proceed

11 Red-Line Drawings (“As Built”) 270 days after Notice to Proceed

12 Final Report 365 days after issuance of the Certificate of Substantial Completion

F.7.1 Proof of Insurance Before commencement with the works, the Contractor, without limiting its obligations in terms of the Contract, must effect and maintain the following insurances:

Insurance of the Works, equipment intended for incorporation in the Works, and of all materials on the Site intended for incorporation in the Works against damage or physical loss arising from whatever cause (except “excepted risks”) , for the period for which the Contractor is responsible for the works (from the date on which the Site is handed over to the Contractor to the date of issue of the Certificate of Completion) and for a sum insured which shall be the aggregate of the Contract Price.

A coupon Policy for Special Risks Insurance Liability insurance for the death of, or injury to any person, or loss of, or damage to any property arising or in the course of the fulfillment of the Contract.

The Contractor shall be liable for the payment of deductibles in respect of each claim settlement in terms of the policies effected by the Contractor.

In respect of subcontractors, the Contractor shall be deemed to have complied with the provisions of the requirements relating to insurance by ensuring that the subcontractors have effected such insurance. The insurances shall be effected with a registered insurance company and the terms thereof shall be subject to approval by USAID, which approval shall not unreasonably be withheld.

F.7.2 Work Plan/Mobilization Plan The Work Plan/Mobilization Plan must correspond to the construction milestones. It must include an outline of how the Contractor will manage logistics, sourcing of materials, and identify potential material suppliers.

F.7.3 Construction Schedule

The Construction Schedule must correspond to the construction milestones. It must be in a PERT/CPM format. The timeline must include specific dates. The schedule must include timing of submission of shop drawings, product data, samples and other submittals required by the contract will be submitted for approval by the COR. The Contractor shall revise such schedules (1) to account for the actual progress of the work, and (2) to reflect approved adjustments in the performance schedule. The Contractor sequence work so as to minimize disruption at the job site.

When USAID has accepted any time schedule, it shall be binding upon the Contractor. The completion date is fixed and may be extended only by a written contract modification signed by the Contracting Officer. Acceptance of any schedule or revision thereof by the Government shall not (1) extend the completion date or obligate the Government to do so, (2) constitute acceptance or approval of any delay, or (3) excuse the Contractor from or relieve the Contractor of its obligation to maintain the progress of the work and achieve final completion by the established completion date.

F.7.4 Quality Control Plan The Quality Control Plan must correspond to the construction milestones. The Quality Control Plan must outline requirements for the construction, commissioning and the warranty period, and systems to guarantee to USAID that these requirements are met.

F.7.5 Health and Safety Plan The Health and Safety Plan must identify the physical and health hazards that could harm workers, procedures to prevent accidents, and steps to take when accidents occur. The Health and Safety Plan must be site specific and should address hazards identified with the activities necessary to carry out the SOW.

F.7.6 Environmental Mitigation and Management Plan The Environmental Mitigation and Management Plan must identify potential environmental risks arising from the project, procedures to properly manage these risks, and corrective actions to take when risk events occur. The Environmental Management Plan must be site specific and address as a minimum the risks identified in the USAID Environmental Mitigation Monitoring Plan Template.

F.7.7 Weekly Progress Meetings The Contractor shall hold weekly progress meetings with the Clerk of Works, USAID COR, and any visiting USAID technical specialist or other stakeholders. This meeting shall include but not be limited to a summary of milestones and achievements, defects and corrective actions, this week’s on-going events, schedule, anticipated delays, payment issues, health and safety (to include notification of any accidents), two-week look ahead and status of supplies/ logistics.

F.7.8 Monthly Progress Reports The Contractor shall submit to the COR a written monthly progress report, summing up observations resulting from the inspections, progress, difficulties or irregularities encountered, resolution of problems, measures taken to improve conditions, recommendations, health and safety (to include accident reports), site photographs and other necessary file photos and other matters related to this contract.

F.7.9 Notification of Substantial Completion The Contractor shall notify USAID in writing when construction is complete (see Section E.2).

F.7.10 Operations Manual The Contractor shall provide USAID an Operations Manual including an inventory of all equipment installed. The manual must contain at a minimum, details on the operations, maintenance, warranty information, and manufacturer’s contact information of all equipment.

F.7.11 Red-Line Drawings (“As Built”) The Contractor must prepare a set of Red-Line Drawings capturing any changes from the issued construction drawings necessitated during the construction process. The Contractor must submit the Red- Line Drawings to the COR upon notification for inspection of Substantial Completion of the project.

F.7.12 Final Report The Contractor must provide a Final Report prior to USAID issuance of a Notice of Final Acceptance.

The Final Report must include at a minimum, a summary of activities, problems encountered and actions taken, and project completion photos included with the as-built drawings.

F.8 52.242-14 Suspension of Work (Apr 1984)

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

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1)by an act of the Contracting Officer in the administration of this contract, or (2)by the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly.

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

(c) A claim under this clause shall not be allowed-

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

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

[END OF SECTION F]

Section G - Contract Administration Data

G.1 CONTRACTING OFFICER

The Contracting Office is:

Regional Executive Office USAID/Southern Africa 100 Totius Street Groenkloof 0027 Pretoria, South Africa

The Contracting Officer of this contract is:

(Name to be filled in…