Attachment_J.1_General_Requirement.pdf

DABS IT Support for Existing Data Center, New Disaster Recovery Center and Load

ATTACHMENT J.1 – GENERAL REQUIREMENT

ATTACHMENT J.1: GENERAL REQUIREMENTS

Contents

SECTION 01 - GENERAL REQUIREMENTS

1.1 CONTRACT AWARD DATE

1.2 TIME IS OF THE ESSENCE

1.3 UNIT OF TIME

1.4 QUALITY ASSURANCE

1.5 AMBIGUITY AND DISCREPANCY

1.6 PERMITS AND CUSTOMS

1.7 WORK PLAN

1.8 QUALITY CONTROL PLAN (QCP)

1.9 HEALTH AND SAFETY PLAN (HASP)

1.10 SECURITY PLAN

1.11 GENDER PLAN

1.12 TRAINING PLAN

1.13 ENVIRONMENTAL COMPLIANCE AND MANAGEMENT PLAN

1.14 ACTIVITY MONITORING, EVALUATION AND LEARNING PLAN

1.16 DEMOBILIZATION AND CLOSEOUT PLAN

PROPERTY DAMAGE

1.17 PROJECT MEETINGS

1.18 REPORTING REQUIREMENTS

1.19 INDEMNITY

SECTION 02 - SUBSTITUTION PROCEDURES

1.1 COMPATIBILITY OF SUBSTITUTIONS

1.2 PROCEDURES

1.3 SUBSTITUTIONS

SECTION 03 - PRODUCT REQUIREMENTS

1.1 DEFINITIONS

1.2 SUBMITTALS

1.3 PRODUCT DELIVERY, STORAGE, AND HANDLING

SECTION 04 - PHOTOGRAPHIC DOCUMENTATION

1.1 USAGE RIGHTS

1.2 PHOTOGRAPHIC MEDIA

SECTION 05- CLOSEOUT PROCEDURES

1.1 DEFINITIONS

1.2 SUBSTANTIAL COMPLETION (SC) PROCEDURES

1.3 PUNCH LIST FORMAT

1.4 WARRANTY PERIOD

1.5 FINAL ACCEPTANCE PROCEDURES

1.6 FINAL CLEANING

SECTION 01 - GENERAL REQUIREMENTS

1.1 CONTRACT AWARD DATE

The contract award date shall be considered the same as the Contracting Officers signature date.

1.2 TIME IS OF THE ESSENCE

The Contractor shall perform its obligations under the Contract as expeditiously as is consistent with reasonable skill and care and the orderly progress of the Works. The

Contractor shall consider the contract duration and time requirements as stated in the contract documents to be of the essence.

1.3 UNIT OF TIME

Time, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Fridays, Saturdays, and legal holidays as observed by the U.S.

1.4 QUALITY ASSURANCE

An independent Quality Assurance firm will be employed and funded by USAID to provide project monitoring, and quality assurance. The intent and role of the QA shall not be to direct or instruct the Contractor in any of its activities, nor is to provide Quality Control (QC) and Quality

Assurance (QA) services to the Contractor. The QA is not authorized to alter and/or waive any provisions of the Contract, stop work, or issue instructions contrary to the terms and conditions of the Contract unless otherwise stated herein.

1.5 AMBIGUITY AND DISCREPANCY

The contract documents forming the contract are to be taken as mutually explanatory of one another. In the event there is an ambiguity or discrepancy found in the contract documents, the

CO shall issue a clarification to the Contractor.

1.6 PERMITS AND CUSTOMS

A. The Contractor shall be solely responsible to obtain licenses and/or permits required to execute the project. The Contractor shall comply with Afghanistan laws, codes, and regulations applicable to the performance of the work.

B. The Contractor may request, in writing, any reasonable assistance in the permit clearance process, and/or importation of materials, supplies, and/or equipment from the

COR. A request for assistance shall not relieve the Contractor of its responsibility or obligation, nor shall the Contractor hold USAID liable for delays, damages or inabilities to provide assistance.

1.7 WORK PLAN

An Overall baseline schedule and operation and maintenance plan will be submitted 10 days from contract award and will be updated as necessary. The first draft Baseline Schedule and O&M plan will be submitted with the proposal and a final revised version must be submitted 10 days after contract award. This Plan will cover the overall management of the activity including strategies, activities, deliverables and actors involved and expected results; a timeline with target completion dates; personnel required for completing activities, and; a detailed budget associated with the completion of those activities, in accordance with the contract budget will be illustrated in the plan.

The USAID COR will approve the completed work plans after consultation with stakeholders and

USAID’s Contracting Officer. The Contractor will prepare the work plans in consultation and with inputs from USAID, the partners and beneficiaries of this program.

1.8 QUALITY CONTROL PLAN (QCP)

The Contractor shall submit its Quality Control Plan (QCP) for review and approval by the COR within fourteen (14) calendar days from Contract Award. The Contractor shall not perform any activities until the QCP is approved. In the event the Contractor elects to revise the plan, the

Contractor shall resubmit to the COR for review and approval. At a minimum, the plan shall include:

1. Quality control team and organization chart clearly demonstrating staff responsibilities and reporting structures. The QC team shall work closely with the construction team but shall report directly to the COP and other company Executives.

2. Quality control team qualifications.

3. Work activities the plan applies.

4. List of tests to be conducted.

1.9 HEALTH AND SAFETY PLAN (HASP)

The Contractor shall submit a Health and Safety Plan (HASP) to the COR for review and approval within the timeframe specified in Section-F Deliverables and Deliverables’ Schedule. The HASP shall be concise and relevant to the work types required under this contract, as such the contractor shall avoid including general non-required general details in the HASP. At a minimum, the Health and Safety Plan shall contain the following both at DABS headquarters and Tarakhil Power Plant:

1.10 SECURITY PLAN

The Contractor shall submit its Security Plan to the COR for review and approval within the timeframe specified in Section F. The Contractor shall provide detailed procedures it will use to ensure adequate security is provided for all personnel, materials, equipment, and all other property related to the performance of this Contract. The Contractor shall propose inclusion of summarized security related issues in its progress reports. In case of a security event affecting the project, the

Contractor shall notify the COR within eight (8) hours. The Contractor shall be responsible to provide all life-support and security services required for all personnel. The contractor shall only include security activities and procedures relevant to this contract and must avoid irrelevant and general data not related to the performance of this contract.

Usually security plans are based on a security assessment which identifies; credible threats, existing vulnerabilities and provides a mitigation strategy.

Some of the components of a security plan can include, but not limited to:

Flow chart of security and company personnel

Communications

Access control, ID badging & key control

Operating at different threat levels

Standard operating policies & procedures

Training, drills & exercises

Restricted and controlled areas

Monitoring & intrusion detection equipment (i.e., CCTV…)

Lighting & emergency power

Diagram of the facility

ANNEX or Addendums with other SOPs, Contingency and/or Emergency Plans

It is the Offeror’s responsibility to choose what assessment methodology and type of guidelines it will follow in the development of its security plan

1.11 GENDER PLAN

The Contractor shall submit a Gender Plan to the COR for review and approval within the timeframe specified in Section F. The Contractor Gender Plan shall present a concise gender analysis, which discusses important gender issues and explain how gender considerations shall be integrated into the project. The Contractor is required to have familiarity with the USAID policies on gender (see USAID ADS Chapter 201 and http://www.usaid.gov/what-we-do/gender-equality-and-womens-empowerment/).

1.12 TRAINING PLAN

a. The Contractor must prepare and submit training plan and manuals for COR’s approval prior to the commencement of the training.

b. The training material shall be specific to the existing and new system.

c. Printed copies of the documentation described as above in the documentation scope shall be provided to the DABS IT team during the training and handover session.

1.13 ENVIRONMENTAL COMPLIANCE AND MANAGEMENT PLAN

The Contractor shall submit an Environmental Mitigation Plan and Report (EMPR) to COR for review and approval within the timeframe specified in Section F of the contract. The EMPR shall identify environmental risks and measures to mitigate the risks as identified in Attachment J.4. The

Contractor shall comply with USAID as well as all Afghanistan environmental regulations. In case of conflict between Afghanistan and USAID regulations, the latter shall govern.

1.14 ACTIVITY MONITORING, EVALUATION AND LEARNING PLAN

The contractor will submit AMELP that includes illustrative outcomes and indicators for this activity. The plan will include a description of the management of the AMELP, such as monitoring strategies and potential sources of information for the indicators. The plan must incorporate relevant health and education indicators as well as performance indicators related to youth, gender equity, and female empowerment. The contractor will develop in consultation with USAID a full activity AMELP and submit it for USAID’s approval within 14 days of contract signature. The plan must take into consideration the measurable and verifiable set of deliverables that will be developed under each component, with each indicator providing measurable progress towards the outcomes and the project objectives. It must also include a description of the management of the

AMELP, such as monitoring strategies and potential sources of information for the indicators. The contractor will collect data for performance indicators, monitor progress, and report on the performance status on a quarterly basis. This data will allow for the measurement of improvements (or lack thereof) over the Project’s lifetime. The contractor will identify data collection methods, the frequency of data collection, and the responsibility among its implementation team for data collection, compilation, analysis, and data quality assessments. The contractor will describe how data will be used for decision-making on improving performance and resource allocation. As part of the annual work plan, the contractor will update the AMELP with http://www.usaid.gov/what-we-do/gender-equality-and-womens-empowerment/ http://www.usaid.gov/what-we-do/gender-equality-and-womens-empowerment/ new or adjusted performance information. The AMELP and the deliverables under each task are the primary tools to ensure the Project stays on track and will be essential to Project evaluation and performance management.

1.15 SYSTEM OPERATIONS AND MANUAL PLAN

The contractor shall submit an O&M plan specific to the activity for the approval of COR within the timeframe specified in Section F of the contract.

1.16 DEMOBILIZATION AND CLOSEOUT PLAN

The contract shall submit a Demobilization and Closeout plan to COR for approval within the timeframe specified in Section F of the contract.

1.17 PROPERTY DAMAGE

The Contractor shall be solely responsible to repair utilities, private property and/or infrastructure damaged by the Contractor and/or its representatives during the implementation of this project. In the event of damage, the Contractor shall notify the COR in writing, provide photos, a description of the incident, and the Contractor’s plan to repair such works, no later than seventy-two (72) hours from the time of damage.

1.18 PROJECT MEETINGS

A. Kick-off Meeting: The Contractor shall schedule a kick off meeting with the COR, CO, and no later than one (1) week after contract award at the U.S. Embassy in Afghanistan. The

Contractor shall produce and solicit meeting minutes in a format approved by the COR, within three (3) calendar days after the meeting date.

B. Weekly Progress Meetings: The Contractor shall schedule regularly weekly progress meetings in coordination with the COR. At a minimum, the Contractors Key Personnel shall attend. The Contractor shall produce and solicit meeting minutes in a format approved by the COR, within three (3) calendar days after the meeting date.

C. Other Meetings: The COR and/or CO reserves the right to schedule additional meetings as required. The Contractor’s Key Personnel and others as requested shall attend. The

Contractor shall produce and solicit meeting minutes in a format approved by the COR, within three (3) calendar days upon the meeting date.

1.19 REPORTING REQUIREMENTS

The Contractor shall submit a monthly, and final reports to the COR. The report submission date, format, and contents shall be approved by the COR. At a minimum, each report shall contain:

1 Executive Summary

2 General Contract Information

3 Planned and Work Completed including Procurement and Construction

4 Contractor Staffing and Resources

5 Budget Forecast and Cash Flow Analysis

6 Invoice History

7 Quality Control, security, Health and Safety, and Environmental issues

8 Deliverables, Reporting and Photo Log

A. Progress Reports: The Contractor shall submit the Progress Report to the COR within the timeframe specified in Section F.

This report shall include document to show progress made in the implementation of the overall work plan, by component, task, activity and deliverable, and shall contain any issues and challenges encountered, along with feasible and concrete proposed courses of action to resolve them. Reports shall include, at a minimum, the volume of delivery and other highlights and measurable results for the period of performance, problems encountered, planned activities, and open issues. The data and analysis on the ongoing needs assessment and monitoring systems shall also be included in the reports.

B. Final Report: The Contractor shall submit the final report to the COR and for review and approval before requesting final Acceptance/before the end of the warranty period specified in Section F.

The Final Report shall include but not limited to the following:

● Summary of accomplishments achieved under this contract tied to the contract objective, Results …etc.,

● Clearly show how the contract have been accomplished or not and why,

● Discussion of problems encountered and where objectives were not achieved,

● Lessons learned,

● Suggestions concerning desirable future and follow-on projects, if any,

● Index of all reports and information products produced under this contract, and

C. Resubmission: In the event the COR rejects the reports, the Contractor shall revise and resubmit within seven (7) calendar days.

1.20 INDEMNITY

A. To the fullest extent permitted by applicable law, the Contractor and its Agents, Partners, Employees, and Consultants (collectively “Indemnitors”) shall and do agree to indemnify, protect, defend with counsel approved by USAID, and hold harmless

USAID, its affiliated enterprises, representatives, and respective Officers, Directors, Partners, Employees and Agents (collectively “Indemnitees”) from and against all claims, damages, losses, liens, causes of action, suits, judgments and expenses, including attorney fees, of any nature, kind, or description (collectively “Liabilities”) of any person or entity whomsoever arising out of, caused by, or resulting from the performance of the

Services or any part thereof which are caused in whole or in part by any negligent act or omission of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable even if it is caused in part by the negligence or omission of any indemnitee, so long as it is not caused by the sole negligence or willful misconduct of any Indemnitee.

B. In the event more than one of the Indemnitors are connected with an accident or occurrence covered by this Indemnification, then each of such Indemnitors shall be jointly and severally responsible to the Indemnitees for indemnification and the ultimate responsibility among such Indemnitors for the loss and expense of any such indemnification shall be settled by separate proceedings and without jeopardy to any

Indemnitee. The indemnity provided for in this article shall not apply to any liability resulting from the negligence of USAID, its officers or employees or its separate contractors or assigned contractors to the extent that such negligence causes personal injury, death or property damage. The provisions of this article shall not be construed to eliminate or reduce any other indemnification or right which USAID or any of the

Indemnities has by law.

C. The Contractor shall protect and indemnify the USAID from and against all claims, damages, judgments and loss arising from infringement or alleged infringement of any

United States patent, or copyright, arising by or out of any of the work performed hereunder or the use by the Contractor, or by USAID at the direction of the Contractor, of any article or material, provided that upon becoming aware of a suit or threat of suit for patent or copyright infringement, USAID shall promptly notify the Contractor and the Contractor shall be given full opportunity to negotiate a settlement. The Contractor does not warrant against infringement by reason of USAID’s or Design Consultant’s design of articles or the use thereof in combination with other materials or in the operation of any process. In the event of litigation, USAID agrees to cooperate reasonably with the Contractor and parties shall be entitled, in connection with any such litigation, to be represented by counsel at their own expense.

D. The indemnities contained herein shall survive the termination of this contract for any reason whatsoever.

- END OF ATTACHMENT SECTION 01 -

SECTION 02 - SUBSTITUTION PROCEDURES

1.1 COMPATIBILITY OF SUBSTITUTIONS

The Contractor shall investigate, document compatibility of proposed substitution with related products and materials. Engage a qualified testing agency/laboratory to perform compatibility tests recommended by manufacturers. Submit the compatibility assessment report for the COR review and concurrence.

1.2 PROCEDURES

Coordination: The Contractor shall revise or adjust affected work as necessary to integrate work of the approved substitutions.

1.3 SUBSTITUTIONS

A. Substitutions for Cause: The Contractor shall submit requests for substitution immediately on discovery of need for change, but not later than fourteen (14) calendar days prior to time required for preparation and review of related submittals.

1. Conditions: USAID COR will consider Contractor's request for substitution when the following conditions are satisfied. If the following conditions are not satisfied, the COR will return requests without action, except to record noncompliance with these requirements:

a. Requested substitution is consistent with the Contract Documents and will produce indicated results.

b. Substitution request is fully documented and properly submitted.

c. Requested substitution will not adversely affect Contractor's construction schedule.

d. Requested substitution has received necessary approvals of authorities having jurisdiction.

e. Requested substitution is compatible with other portions of the Work.

f. Requested substitution has been coordinated with other portions of the Work.

g. Requested substitution provides specified warranty.

h. If requested substitution involves more than one Contractor, requested substitution has been coordinated with other portions of the Work, is uniform and consistent, is compatible with other products, and is acceptable to all

Contractors involved.

B. Substitutions for Convenience: The COR will consider requests for substitution if received within thirty (30) calendar days after the Notice to Proceed. Requests received after that time may be considered or rejected at discretion of the CMA.

1. Conditions: USAID COR will consider Contractor's request for substitution when the following conditions are satisfied. If the following conditions are not satisfied, the

CMA will return requests without action, except to record noncompliance with these requirements:

a. Requested substitution offers USAID a substantial advantage in cost, time, energy conservation, or other considerations, after deducting additional responsibilities USAID must assume. USAID’s additional responsibilities may include compensation for redesign and evaluation services, increased cost of other construction by USAID, and similar considerations.

b. Requested substitution does not require extensive revisions to the Contract

Documents.

c. Requested substitution is consistent with the Contract Documents and will produce indicated results.

d. Substitution request is fully documented and properly submitted.

e. Requested substitution will not adversely affect Contractor's construction schedule.

f. Requested substitution has received necessary approvals of authorities having jurisdiction.

g. Requested substitution is compatible with other portions of the Work.

h. Requested substitution has been coordinated with other portions of the Work.

i. Requested substitution provides specified warranty.

j. If requested substitution involves more than one Contractor, requested substitution has been coordinated with other portions of the Work, is uniform and consistent, is compatible with other products, and is acceptable to all

Contractors involved.

-END OF SECTION 02-

SECTION 03 - PRODUCT REQUIREMENTS

1.1 DEFINITIONS

A. Products: Items obtained for incorporating into the Work, whether purchased for

Project or taken from previously purchased stock. The term "product" includes the terms "material," "equipment," "system," and terms of similar intent.

1. Named Products: Items identified by manufacturer's product name, including make or model number or other designation shown or listed in manufacturer's published product literature that is current as of date of the Contract

Documents.

2. New Products: Items that have not previously been incorporated into another project or facility. Products salvaged or recycled from other projects are not considered new products.

3. Comparable Product: Product that is demonstrated and approved through submittal process to have the indicated qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics that equal or exceed those of specified product.

B. Basis-of-Design Product Specification: A specification in which a specific manufacturer's product is named and accompanied by the words "basis-of-design product," including make or model number or other designation, to establish the significant qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics for purposes of evaluating comparable products of additional manufacturers named in the specification.

1.2 SUBMITTALS

Comparable Product Requests: The Contractor may submit request for consideration of comparable product(s). The Contractor shall concisely identify product, fabrication, and/or installation method to be replaced, and include the appropriate specification section and drawing number(s).

1. Compliance: The Contractor shall include manufacture data to indicate compliance with the contract requirements.

2. COR Action: COR may request additional information or documentation for evaluation purposes. COR will notify of approval or rejection of the comparable product request within fifteen (15) calendar days of request.

3. If a dispute arises between the Contractor and COR, the COR shall act as the final authority.

1.3 PRODUCT DELIVERY, STORAGE, AND HANDLING

The Contractor shall procure, store, and handle products using means and methods that will prevent damage, deterioration, and loss, including theft and vandalism. The Contractor shall comply with manufacturer's written instructions for handling the material at all times.

SECTION 04 - PHOTOGRAPHIC DOCUMENTATION

1.1 USAGE RIGHTS

The Contractor shall transfer all copyright usage rights to USAID for unlimited reproduction and photographic documentation.

1.2 PHOTOGRAPHIC MEDIA

Digital Images: Provide images in JPG format, produced by a digital camera with minimum sensor size of 8 megapixels, and at an image resolution of not less than 3200 by 2400 pixels.

A. Prior to the start of physical work, the Contractor shall document the existing condition of the project and surrounding properties from different vantage points.

B. Periodic Photographs: The Contractor shall provide ten (10) photographs per monthly report, and thirty (30) photographs per quarterly report. Photographs shall accurately capture different stages of the work completed during the rating period.

C. Substantial Completion: The Contractor shall provide a minimum of fifty (50) photographs no later than fifteen (15) days after Substantial Completion to document work completed.

D. COR Photographs: The COR reserve the right to instruct the Contractor for additional photographs and general directions. The Contractor shall utilize vantage points that show the progress of construction.

-END OF SECTION 04

SECTION 05- CLOSEOUT PROCEDURES

1.1 DEFINITIONS

A. “Substantial Completion”: Defined as the stage in the progress of the work as determined and certified by the COR in writing to the Contractor, on which the work (or a portion designated by the Government) is sufficiently complete and satisfactory. Substantial completion includes the following:

1. Property may be occupied or used for its intended purpose.

2. Only minor items such as touch-up, adjustments, and minor replacements or installations remain to be completed or corrected which:

a. Do not interfere with the intended occupancy or utilization of the work.

B. “Date of Substantial Completion": Defined as the date determined by the

COR when substantial completion has been achieved.

C. “Use and Possession”: End user has the right to take possession of and use the work for its intended purpose. End users’ use shall not be deemed as acceptance of work.

D. “Final Acceptance”: Defined as all work and terms and conditions under the contract has been completed in a satisfactory manner. Final Acceptance occurs upon successful completion of the warranty period.

1.2 SUBSTANTIAL COMPLETION (SC) PROCEDURES

A. Inspection: At substantial completion the Contractor shall coordinate with the

COR to obtain a final list of stakeholders to conduct a joint Substantial

Completion Inspection (SCI) of the completed work (herby referred to as the

“team”). The team shall agree on a single date for inspection. The Contractor shall prepare a Punch List (PL) of all defects and incomplete work, if applicable. The

Contractor shall rectify all PL items within twenty-one (21) calendar days. Upon completion, the Contractor shall re-invite the team to conduct a follow up inspection. Upon successful completion, the Contractor shall request a substantial completion certificate from the COR. The warranty period shall commence from the date of the COR’s signature on the SC certificate.

B. Submittals Prior to Substantial Completion: The Contractor shall conduct the following no later than ten (10) calendar days prior to requesting SCI:

1. Request for release of its performance bond.

2. Provide a Warranty Bond or surety equal to five percent (5%) of the contract value.

1.3 PUNCH LIST FORMAT

A. The Contractor shall submit the punch list (PL) format to the COR for review and approval prior to use. At a minimum, the PL shall:

1. Be organized in sequential order by deliverable (e.g Data center in DABS HQ, recovery data center in Tarakhil power plant, load centers and training and knowledge transfer).

2. Include the following information in the header of each page:

a. Project name.

b. Date.

c. Name of the Contractor.

d. Page number.

B. The Contractor shall submit list of Punch list to the COR and CMA in the following formats:

1. MS Excel electronic file.

2. PDF electronic file.

1.4 WARRANTY PERIOD

A. The “warranty period” shall commence upon issuance of substantial completion certificate. The Contractor shall guarantee all work performed and materials furnished against any defects and/or error for one year.

B. Inspection: The Contractor shall request a warranty inspection fourteen (14) calendar days prior to the completion of the warranty period. The COR will provide a list of stakeholders to conduct a joint Warranty Inspection (herby referred to as the “team”). The team shall agree on a single date for inspection.

The Contractor shall prepare a Punch List (PL) of all defects, if applicable. The

Contractor shall rectify all PL items within seven (7) calendar days. Upon completion, the Contractor shall re-invite the team to conduct a follow up inspection.

C. Certificate of Final Warranty: Upon satisfactory completion of the warranty inspection and period, the Contractor shall request Final Acceptance from the

COR and CO.

1.5 FINAL ACCEPTANCE PROCEDURES

A. Submittals Prior to Final Acceptance: Before requesting final acceptance, the Contractor shall issue final project report to the COR for review and approval.

B. Upon successful completion of contract requirements, the Contractor shall request final acceptance certificate from the CO and COR.

1.6 FINAL CLEANING

A. General: The Contractor shall provide final cleaning of the project site prior to the Substantial Completion Inspection date. At a minimum, the Contractor shall:

1. Clean site, yard, and grounds, in areas disturbed by contractor’s activities.

2. Leave Project sites clean and cleared from any type of solid and liquid wastes.

-END OF SECTION 05-

-END OF ATTACHMENT J.1-