CAE-ConstrOverseas_SAF 080326_lm.pdf

EMBASSY OF THE

UNITED STATES OF AMERICA

U. N. Avenue Gigiri NAIROBI, KENYA

LETTER TO PROSPECTIVE OFFERORS

Date: August 03, 2026

Dear Prospective Offeror:

Subject: Solicitation Number 19KE5026Q0082 LOCHAB Borehole Drilling

The Embassy of the United States of America invites you to submit a proposal for LOCHAB

Borehole Drilling.

Enclosed is a Request for Quotes (RFQ) for Borehole Drilling Services. If you would like to submit a quotation, follow the instructions in Section J of the solicitation, complete the required portions of the attached document.

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

Quotations are due by August 14, 2026 10:00 a.m. No quotations will be accepted after this time. Quotations must be in English and incomplete quotations will not be accepted.

If you intend to submit a proposal, you should thoroughly examine all documents contained in the contract solicitation package. The Embassy intends to hold a pre-proposal conference and conduct a site visit (see L.6, 52.236-27). All prospective offerors who have received a solicitation package are invited to attend. The pre-proposal conference will be held at

LOCHAB on August 7, 2026 at 10 a.m.

Submit any questions you may have concerning the solicitation documents in writing by August

10, 2026 at 8 a.m.to NairobiGSO-Contracts@state.gov. Responses will be sent in writing to all contractors on our list of interested parties.

Your quotation must be submitted electronically to nairobigsofp@state.gov. It is important to make sure the submission is made in specific size and format; in MS-Word 2007/2010 or MS-

Excel 2007/2010 or Adobe Acrobat (pdf) file format. The file size must not exceed 30MB. If the file size should exceed the 30MB, the submission must be made in separate files and attached to separate emails with less than 30MB each.

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

1. SF-1442

2. Section A, Pricing

3. Section L Representations and Certifications

4. Additional information as required in Section J mailto:NairobiGSO-Contracts@state.gov mailto:nairobigsofp@state.gov

5. Proof of SAM Registration

The contract will be a firm fixed price contract, with no adjustment for any escalation in costs or prices of labor or materials. Each offeror will be responsible for determining the amount of labor and materials that will be required to complete the project, and for pricing its proposal accordingly.

Please be advised that each offeror is responsible for furnishing complete information to its subcontractor and suppliers, such as details and quantities required by the drawings and specifications. Subcontractors and suppliers should not be referred to the Embassy or the

Engineer for determining the amount or quantities of materials required.

The Borehole drilling completion time is 30 construction days, commencing on issuance of notice to proceed. In the event of an unauthorized or unexcused delay in completing the project, liquidated damages in the amount of USD $500 per calendar day will be assessed until substantial completion of the project is achieved.

The Contracting Officer reserves the right to reject any and all proposals and to waive any informality in proposals received. In addition, the Embassy reserves the right to establish a competitive range of one or more offerors and to conduct further negotiations concerning price and other terms before awarding the contract, or to award without discussions.

Offerors shall be registered in the SAM (System for Award Management) database at https://www.sam.gov prior to submittal of their offer/proposal as prescribed under FAR 4.1102.

Failure to be registered at time of proposal submission may deem the offeror’s proposal to be considered non-responsible and no further consideration will be given. Therefore, offerors are highly encouraged to register immediately if they are interested in submitting a response to this requirement.

Sincerely, Leslie Marks

Contracting Officer

Enclosure:

https://www.sam.gov/

TABLE OF CONTENTS

SF-1442 COVER SHEET

A. PRICING

B. STATEMENT OF WORK

C. PACKAGING AND MARKING

D. INSPECTION AND ACCEPTANCE

E. DELIVERIES AND PERFORMANCE

F. CONTRACT ADMINISTRATION DATA

G. SPECIAL TERMS AND CONDITIONS

H. CLAUSES

I. LIST OF ATTACHMENTS

Attachment 1: Standard Form 25, “Performance and Guaranty Bond”

Attachment 2: Standard Form 25A, “Payment Bond”

Attachment 3: Sample Letter of Bank Guaranty

Attachment 4: Breakdown of Price by Divisions of Specifications

Attachment 5: Drawings

Appendix 1: Elevation details

Appendix 2: Piping plan and above surface elevations.

Appendix 3: Plumbing riser dwg

Attachment 6: Specifications

Appendix 4. Site Location.

Appendix 5: AHA.

Appendix 6: Propose Work Schedule Sample.

Appendix 7: Pump Specifications.

Appendix 8: Pump Controller Specifications.

J. INSTRUCTIONS ON HOW TO SUBMIT A QUOTATION

K. EVALUATION CRITERIA

L. REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

19KE5026Q0082

2. TYPE OF SOLICITATION

SEALED BID (IFB)

[x] NEGOTIATED (RFP)

3. DATE ISSUED

August 3, PAGE OF PAGES

IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

PR 158851412

PR15851412

PR15851412

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

U.S. Embassy Nairobi GSO Contracting Officer

U.S. Embassy Nairobi

9. FOR INFORMATION

CALL:

A. NAME

Leslie Marks

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

020-3636000

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS :

LOCHAB Borehole Drilling Solicitation # 19KE5026Q0082 dated August 03, 2026

11. The Contractor shall begin performance within __5__ calendar days and complete it within __30__ Construction days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See _______________.)

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

(If “YES,” indicate within how many calendar days after award in Item 12B.)

YES NO

12B. CALENDAR DAYS

https://ilmsariba.state.sbu/Buyer/Main/aw?awh=r&awssk=CBBk&dard=1

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and ____ copies to perform the work required are due at the place specified in Item 8 by _______ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

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

D. Offers providing less than __90___ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM

1442 (REV. 4-85)

Computer Generated Prescribed by GSA

FAR (48 CFR)

53.236-1(e)

OFFER (Must be fully completed by offeror)

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

15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within __90___ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS

SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT

TO

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28.NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.)Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract.

The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

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

30A. NAME AND TITLE OF CONTRACTOR OR PERSON

AUTHORIZED TO SIGN (Type or print)

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

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Computer Generated STANDARD FORM 1442

BACK (REV. 4-85)

SECTION A - PRICING

A. PRICE

The Contractor shall complete all work (including furnishing all labor, material, equipment and services) required under this contract for the following firm fixed price and within the time specified. This price shall include all labor, materials, overhead (including insurance required by

FAR 52.228-3, Workers’ Compensation and War-Hazard Insurance), and profit.

Definitions and Abbreviations

"B.S." shall mean the current British Standard Specification published by the British Standards Institution, 2 Park

Street, London W.1. England.

“No.”: Shall mean Number

“LS.”: Shall mean Lump Sum

“M.”: Shall mean Meters

“Kg.”: Shall mean Kilograms.

“Hr.”: Shall mean Hour.

Applicable Standards and Codes

The following codes and technical criteria and those referenced therein shall be required for this project. References within each document listed below shall be required and adhered to. If there is conflict in the criteria the most stringent requirement shall be applied. The publications to be taken into consideration shall be those of the most recent editions.

1. US ARMY COPRS OF ENGINEERS

2. ACI 301M Specifications for Structural Concrete (2005), American Concrete Institute

3. ACI 318 Building Code Requirements for Structural Concrete (2005), American Concrete

Institute

4. ACI 530/ASCE 5/TMS 402, Building Code Requirements for Masonry Structures (2005)

5. AISC 360 Specifications for Structural Steel Buildings (2005), American Institute of Steel

Construction

6. ASCE 7, Minimum Design Loads for Buildings and Other Structures (2005)

7. ASTM - American Society for Testing and Materials

8. ASTM-D-1586 Standard Test Method for Standard Penetration Test

9. AWS D1.1, Structural Welding Code – Steel (2004), American Welding Society

10. Factory Mutual (FM) Approval Guide-Fire Protection, latest edition

11. IBC - International Building Codes, 2006 edition (and its referenced codes including those inset below)

12. IPC – International Plumbing Code, latest edition

13. Codes and Standards of the National Fire Protection Association (NFPA)

[As applicable and enacted in 2002 or later, unless otherwise noted]

14. UFC 1-200-01, Design: General Building Requirements

15. UFC 1-300-07A, Design Build Technical Requirements

16. UFC 3-220-03fa, Soils and Geology

17. UFC 1-300-09N, Design Procedures

18. UFC 3-310-01, Structural Load Data

19. UFC 3-310-02A, Structural Design Criteria for Buildings

20. UFC 3-400-01, Design: Energy Conservation, latest edition

21. Underwriters' Laboratories (UL) Fire Protection Equipment Directory (2010)

22. UL Standards (as applicable)

23. Unified Facility Criteria (UFC) is available online at http://www.wbdg.org/ccb/browse_cat.php?o=29&c=4

24. British Standards (B.S.)

25. Structural Codes of Practice (C.P.)

26.National Electrical Code (N.E.C.)

Standards other than those mentioned above may be accepted if the standards chosen are internationally recognized and meet the minimum requirements of the specified standards. The

Contractor shall be prepared to submit proof of this if requested.

A.1.1 Pricing Notes

Offerors are strongly advised to read and understand the following notes before pricing this section.

1. The unit of billing in this section is indicated under column 4 of the pricing table.

2. Clearing debris with speed on a daily basis as they arise, clearing of affected areas, and removal of the debris from site to Nairobi County Government approved dumping sites.

Accumulation of debris within the site premises shall not be allowed. Removal of Debris shall be coordinated with the American Embassy

3. Drilling works shall be carefully executed with the particular aim of minimizing damage to adjacent structures.

4. The Contractor must take all steps necessary to safeguard existing and adjacent property, make good at his own expense any damage to persons or property caused thereon, and hold the

Employer indemnified against any such claim arising.

5. The Contractor will be held fully responsible for the safety of the existing and adjacent buildings and for any damage caused in consequence of these works. He must reinstate all damages at his own expense and indemnify the Employer against any loss.

6. The Contractor must take such steps and exercise such care and diligence as to minimize nuisance from dust, noise, or any other cause to the occupiers of the existing and adjacent property.

7. The amounts quoted shall be deemed to be inclusive of all handling of items removed from site.

8. The Contractor shall not alter or otherwise qualify the text of these Bills of Quantities. Any alteration or qualification made without authority will be ignored and the text of the Bills of

Quantities as printed will be adhered to.

9. The Contractor shall be deemed to have made allowance in his prices generally to cover items of Preliminaries or additions to Prime Cost Sums or other items, if these have not been priced against the respective items.

10. In no case will any expenses incurred by Contractors in preparation of this Offer be reimbursed.

11.The Contractor is solely responsible for the accurate ordering of materials in accordance with the Drawings and Consultant's Instructions and no claims for any loss or expense will be entertained for orders for materials based upon the Bills of Quantities.

12. Compliance with laws and regulations see G.4.0.

A.1.2 Pricing Table

A.1.2.1. Borehole Drilling-360 Meters in Runda Area, Nairobi.

Qty Unit Rate Amount

A Mobilization setup camp

/restitution/demobilization upon completion

1 L.S.

B Drilling Rig set-up at the site 1 L.S.

A.1.2.2. Ground Sub-Surface Control under The

Swampy Conditions

A Hole opener to the depth of 200 meters at 12”

300mm to permit installation of the sanitation sleeve

24 M.

B Supply and installation of 254mm 10” Heavy

Duty Steel Casings

24 M.

C Bentonite seal between the subsurface casing for contamination prevention.

D Fill the upper surface with inert fill 1 L.S.

A.1.2.3. Main Drilling Works

A Depth not exceeding 5.0 Meters for the conductor pipe -254mm Diameter

5 M.

B Drilling at 225mm for the depth 5.0m -100.0m 95 M.

C Drilling at 225mm for the depth 100.0m-200.0m 100 M.

D Drilling at 225mm for the depth 200.0m-300.0m 100 M.

E Drilling at 225mm for the depth 300.0m-400.0m 100 M.

F Drilling at 225mm for the depth > 400.0m 1 M.

G Sampling and logging works at 2.0m Intervals 160 No.

H Anticipated Drilling foam usage- for improvement of cuttings recovery

1 L.S.

I Supply drilling and domestic water for both down hole injection and domestic purposes at the site

A.1.2.4. Casings and Screens

A 153mm diameter Steel Casings class B- Plain 260 M

B 153mm diameter Steel Screens Class B in Plasma

Slots

60 M

C 154 mm Slide in borehole cap 1 No.

D Supply and install quartz pea gravel, 2-4mm grain size

15 Tons

E Backfill to 10 Meters below ground level with drill cuttings

10 M

A.1.2.5. Development

A Physical development through air-jetting techniques 4 Hr

B Chemical development through Calgon Injection 1 25Kg

C Bentonite Seal 1 50Kg

A.1.2.6. Aquifer Testing

A Installation of test-pumping unit& removal 1 Item

B Testing (Pre-test, step and constant draw down tests 24 Hr

C Testing (Recovery Test) 6 Hr

A.1.2.7

Water sample for chemical & physical analysis 1 L.S.

Boreholes head works complete-plinth 1 No.

Permanent casings for the conductor pipe 6 M.

A.1.2.8: SUPPLY AND INSTALLATION OF A GRUNDFOS PUMP SP 17-27 C/W MOTOR

Description Qty Unit Rate Amount.

A

Procure, deliver to site and install a Grundfos SP 17-27 c/w 15KW-20HP motor at 260 meters installation depth

No.

B

LOGIC CONTROL PANEL: - Control panel 18.5KW/25HP – 415volts/3 phase complete with under and over-voltage protection; water level relay.

No.

C MP 204 to enhance the pump protection as Digital

Black Box 1 No.

D 2.5'' Dunwell water meter or other approved 1 No.

E 2.5'' Class B GI Pipes to an installation depth of

260 Meters 260 M.

F 2.5'' Heavy Duty C.I Adaptor Set - Top and Bottom

1 No.

G 16mm²/4 core submersible pump cable 265 M.

H GFSO Splicing kit - Cable joint 1 No.

I

Well head in 2.5" mechanical fittings:

Item

• Borehole Cover plate

• 2.5"Tee connection,2.5 '' bends

• 2.5 " drop pipe to meter chamber C/w nipple

• Start up pipe section to rising main.

• Ancillary sockets/boss white/PTE/Tapes

• Junction Box

J Dipper tubes PVC class ‘D’ heavy duty -25mm

30 No.

K Looping cables 16mm²/ 4 core armored 20 M.

L Water Level cable – 1.5mm2/ 2 Core 20 M.

M Electrode cable – Dual Lordex Cable

265 M.

N Electrode pencils 1 Pair

O 2.5.''Non-return valve – peglar 1 No.

P 2.5.'' Peglar Gate Valve 1 No.

Q Borehole Installation sundries- Cable ties and tapes accessories 1 Item

R Pump installation labor, testing and commissioning

1 Item

Total Bill Works Carried To Grand Summary - Borehole Equipping Works

A.2 VALUE ADDED TAX

The Government will not reimburse the Contractor for Value Added Tax (VAT) under this contract. All taxable supplies (goods and services) to the United States Embassy in Kenya are exempt from Value Added Tax. See the VAT Act, 2013, 2nd Schedule, Part B ‘Zero Rates

Supplies to Public Bodies, Privileged persons and Institutions’, para (3). Vendors are therefore required to present invoices without a tax element, i.e., indicate 0% VAT on all invoices. The

Purchase Orders or Contracts issued by the United States Embassy will serve as the basis for

Zero Rating when vendors are accounting for VAT with the Kenya Revenue Authority.

SECTION B - STATEMENT OF WORK

The character and scope of the work are set forth in the contract. The Contractor shall furnish and install all materials required by this contract.

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.

SECTION C - PACKAGING AND MARKING

Mark materials delivered to the site as follows:

Reserved (Not applicable)

SECTION D - INSPECTION AND ACCEPTANCE

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

The Contractor shall be responsible for any countermeasures or corrective action, within the scope of this contract, which may be required by the Contracting Officer as a result of such inspection.

D.1 SUBSTANTIAL COMPLETION

(a) "Substantial Completion" means the stage in the progress of the work as determined and certified by the Contracting Officer in writing to the Contractor, on which the work (or a portion designated by the Government) is sufficiently complete and satisfactory. Substantial completion means that the property may be occupied or used for the purpose for which it is intended, and only minor items such as touch-up, adjustments, and minor replacements or installations remain to be completed or corrected which:

(1) do not interfere with the intended occupancy or utilization of the work, and

(2) can be completed or corrected within the time period required for final completion.

(b) The "date of substantial completion" means the date determined by the Contracting Officer or authorized Government representative as of which substantial completion of the work has been achieved.

Use and Possession upon Substantial Completion - The Government shall have the right to take possession of and use the work upon substantial completion. Upon notice by the Contractor that the work is substantially complete (a Request for Substantial Completion) and an inspection by the Contracting Officer or an authorized Government representative (including any required tests), the Contracting Officer shall furnish the Contractor a Certificate of Substantial

Completion. The certificate will be accompanied by a Schedule of Defects listing items of work remaining to be performed, completed, or corrected before final completion and acceptance.

Failure of the Contracting Officer to list any item of work shall not relieve the Contractor of responsibility for complying with the terms of the contract. The Government's possession or use upon substantial completion shall not be deemed an acceptance of any work under the contract.

D.2 FINAL COMPLETION AND ACCEPTANCE

D.2.1 "Final completion and acceptance" means the stage in the progress of the work as determined by the Contracting Officer and confirmed in writing to the Contractor, at which all work required under the contract has been completed in a satisfactory manner, subject to the discovery of defects after final completion, and except for items specifically excluded in the notice of final acceptance.

D.2.2 The "date of final completion and acceptance" means the date determined by the

Contracting Officer when final completion of the work has been achieved, as indicated by written notice to the Contractor.

D.2.3 FINAL INSPECTION AND TESTS. The Contractor shall give the Contracting Officer at least five (5) days advance written notice of the date when the work will be fully completed and ready for final inspection and tests. Final inspection and tests will be started not later than the date specified in the notice unless the Contracting Officer determines that the work is not ready for final inspection and so informs the Contractor.

D.2.4 FINAL ACCEPTANCE. If the Contracting Officer is satisfied that the work under the contract is complete (with the exception of continuing obligations), the Contracting Officer shall issue to the Contractor a notice of final acceptance and make final payment upon:

• Satisfactory completion of all required tests,

• A final inspection that all items by the Contracting Officer listed in the Schedule of

Defects have been completed or corrected and that the work is finally complete (subject to the discovery of defects after final completion), and

• Submittal by the Contractor of all documents and other items required upon completion of the work, including a final request for payment (Request for Final Acceptance).

SECTION E - DELIVERIES AND PERFORMANCE

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

The Contractor shall be required to:

(a) commence work under this contract within 10 (Ten) calendar days after the date the

Contractor receives the notice to proceed,

(b) prosecute the work diligently, and,

(c) complete the entire work ready for use not later than 30 (Thirty) actual construction working days.

The time stated for completion shall include final cleanup of the premises.

52.211-12 LIQUIDATED DAMAGES - CONSTRUCTION (SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, or any extension, the Contractor shall pay liquidated damages to the Government in the amount of

$500 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 Default clause.

CONTRACTOR'S SUBMISSION OF CONSTRUCTION SCHEDULES

(a) The time for submission of the schedules referenced in FAR 52.236-15, "Schedules for Construction Contracts", paragraph (a), is hereby modified to reflect the due date for submission as 10 calendar days after receipt of an executed contract".

(b) These schedules shall include the time by which shop drawings, product data, samples and other submittals required by the contract will be submitted for approval.

(c) The Contractor shall revise such schedules (1) to account for the actual progress of the work, (2) to reflect approved adjustments in the performance schedule, and (3) as required by the Contracting Officer to achieve coordination with work by the Government and any separate contractors used by the Government. The Contractor shall submit a schedule, which sequences work so as to minimize disruption at the job site.

(d) All deliverables shall be in the English language and any system of dimensions

(English or metric) shown shall be consistent with that used in the contract. No extension of time shall be allowed due to delay by the Government in approving such deliverables if the

Contractor has failed to act promptly and responsively in submitting its deliverables. The

Contractor shall identify each deliverable as required by the contract.

(e) Acceptance of Schedule: When the Government 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 or approval 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.

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 such notice promptly, not more than ten (5) days after the first event giving rise to the delay or prospective delay. Only the

Contracting Officer may revise the approved time schedule.

NOTICE TO PROCEED

(a) After receiving and accepting any bonds or evidence of insurance, the Contracting

Officer will provide the Contractor a Notice to Proceed. The Contractor must then prosecute the work, commencing and completing performance not later than the time period established in the contract.

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

WORKING HOURS

All work shall be performed during regular work days (8:00am to 5:00p.m from Monday through

Saturday), except for the holidays identified below. Other hours, if requested by the Contractor, may be approved by the Contracting Officer's Representative (COR). The Contractor shall give

24 hours in advance to COR who will consider any deviation from the hours identified above.

Changes in work hours, initiated by the Contractor, will not be a cause for a price increase. The work must be carried out to cause the minimum inconvenience to the occupants of the adjoining premises.

(a) The Department of State observes the following days* as holidays:

Holiday Remark

New Year’s Day American/Kenyan

Birthday of Martin Luther King, Jr. American

Washington’s Birthday American

Good Friday Kenyan

Easter Monday Kenyan

Labor Day Kenyan

Eid-ul-Fitr Kenyan

Memorial Day American

Madaraka Day Kenyan

Independence Day American

Idd-ul-Azha Kenyan

Labor Day American

Huduma Day Kenyan

Columbus Day American

Mashujaa Day Kenyan

Veterans Day American

Thanksgiving Day American

Jamhuri Day Kenyan

Christmas Day American/Kenyan

Utamaduni Day Kenyan

*Any other day designated by Federal law, Executive Order or Presidential Proclamation.

When any such day falls on a Saturday, the preceding Friday is observed; when any such day falls on a Sunday, the following Monday is observed. Observance of such days by

Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract. If the Contractor's personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized pursuant to an overtime clause elsewhere in this contract.

PRECONSTRUCTION CONFERENCE

A preconstruction conference will be held within 10 days after contract award at LOCHAB

Construction Site to discuss the schedule, submittals, notice to proceed, mobilization and other important issues that effect construction progress. See FAR 52.236-26, Preconstruction

Conference.

DELIVERABLES - The following items shall be delivered under this contract:

Description Quantity Deliver Date Deliver

To

Section G. Securities/Insurance 1 10 days after award CO

Section E. Construction Schedule 1 10 days after award COR

Section E. Preconstruction Conference 1

Within 5 days after award COR

Section G. Personnel Biographies 1

Within 5 days after award COR

Section F. Payment Request 1

On Completion of

Borehole drilling works COR

Section D. Request for Substantial Completion 1

2 days before inspection COR

Section D. Request for Final Acceptance 1

2 days before inspection COR

Section E. Additional Hours 1 No later than 24 hours in advance of need

COR

Section E. Notice of Delay 1 Within 5 days after event

CO

Section G 8.0 Differing Site Condition 1 Within 5 days of occurrence COR

Section H. 652.236-70 1

Within 5 days after award COR

SECTION F – CONTRACT ADMINISTRATION DATA

652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)

(a) The Contracting Officer may designate in writing one or more Government employees, by name or position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer’s Representative (COR).

Such designation(s) shall specify the scope and limitations of the authority so delegated;

provided, that the designee shall not change the terms or conditions of the contract, unless the

COR is a warranted Contracting Officer, and this authority is delegated in the designation.

(b) The COR for this contract is the Project Engineer.

Payment: The Contractor's attention is directed to Section H, 52.232-5, "Payments Under

Fixed-Price Construction Contracts". The following elaborates on the information contained in that clause.

Requests for payment, may be made no more frequently than monthly. Payment requests shall cover the value of labor and materials completed and in place, including a prorated portion of overhead and profit.

After receipt of the Contractor's request for payment, and on the basis of an inspection of the work, the Contracting Officer shall make a determination as to the amount, which is then due. If the Contracting Officer does not approve payment of the full amount applied for, less the retainage allowed by in 52.232-5, the Contracting Officer shall advise the Contractor as to the reasons.

Under the authority of 52.232-27(a), the 14 day period identified in FAR 52.232-27(a)(1)(i)(A) is hereby changed to 30 days.

G.3.2 DETAIL OF PAYMENT REQUESTS

Each application for payment shall cover the value of labor and materials completed and in place, including a prorated portion of overhead and profit. The

Government will make payments no more frequently than monthly, unless otherwise provided in this contract.

Invoices for U.S. Government employees shall be submitted in an original to the following address (designated billing office only for the purpose of submitting invoices):

Invoices should be sent electronically to the COR and Attn: FMO

Kindly submit the invoice in my ILMS.

See below instructions.

The Embassy is pleased to inform you that we recently rolled out an online based

Invoicing platform that amongst other things enables you to;

• Submit your Invoice online.

• Track Realtime the status & progress of your Invoice.

• Get updates upon final approval.

• View all orders currently awarded to your company.

To access the system:

1. Create a user account using the following link, https://mygrants.servicenowservices.com/ and click on create an account.

2. Download the Okta Authenticator app to your smartphone. You will need this app to access my ILMS portal. The app is free to download.

Kindly create your online account it’s the only way we are accepting Invoices moving forward.

Payment shall be made in local currency by Electronic Funds Transfer (EFT) within 30 days after receipt of the proper invoice

The Government will not reimburse the Contractor for Value Added Tax (VAT) under this contract. See Section A2.

https://mygrants.servicenowservices.com/

SECTION G - SPECIAL TERMS AND CONDITIONS

G.1.0 PERFORMANCE/PAYMENT PROTECTION - The Contractor shall furnish some form of payment protection as described in 52.228-13 in the amount of 50% of the contract price.

G.1.1 The Contractor shall provide the information required by the paragraph above within ten

(10) calendar days after award. Failure to timely submit the required security may result in rescinding or termination of the contract by the Government. If the contract is terminated, the

Contractor will be liable for those costs as described in FAR 52.249-10, Default (Fixed-Price

Construction), which is included in this purchase order.

G.1.2 The bonds or alternate performance security shall guarantee the Contractor's execution and completion of the work within the contract time. This security shall also guarantee the correction of any defects after completion, the payment of all wages and other amounts payable by the Contractor under its subcontracts or for labor and materials, and the satisfaction or removal of any liens or encumbrances placed on the work.

G.1.3 The required securities shall remain in effect in the full amount required until final acceptance of the project by the Government. Upon final acceptance, the penal sum of the performance security shall be reduced to 10% of the contract price. The security shall remain in effect for one year after the date of final completion and acceptance, and the Contractor shall pay any premium required for the entire period of coverage.

G.2.0 INSURANCE - The Contractor is required by FAR 52.228-5, "Insurance - Work on a

Government Installation" to provide whatever insurance is legally necessary. The Contractor shall at its own expense provide and maintain during the entire performance period the following insurance amounts:

G.2.1 GENERAL LIABILITY (includes premises/operations, collapse hazard, products, completed operations, contractual, independent contractors, broad form property damage, personal injury):

(1) BODILY INJURY, ON OR OFF THE SITE, IN U.S. DOLLARS

Per Occurrence Per Industry Standard

Cumulative Per Industry Standard

(2) PROPERTY DAMAGE, ON OR OFF THE SITE, IN U.S. DOLLARS

Per Occurrence Per Industry Standard

Cumulative Per Industry Standard

G.2.2 The foregoing types and amounts of insurance are the minimums required. The

Contractor shall obtain any other types of insurance required by local law or that are ordinarily or customarily obtained in the location of the work. The limit of such insurance shall be as provided by law or sufficient to meet normal and customary claims.

G.2.3 The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to any property of the Contractor, its officers, agents, servants, and employees, or any other person, arising from and incident to the Contractor's performance of this contract. The

Contractor shall hold harmless and indemnify the Government from any and all claims arising therefrom, except in the instance of gross negligence on the part of the Government.

G.2.4 The Contractor shall obtain adequate insurance for damage to, or theft of, materials and equipment in insurance coverage for loose transit to the site or in storage on or off the site.

G.2.5 The general liability policy required of the Contractor shall name "the United States of

America, acting by and through the Department of State", as an additional insured with respect to operations performed under this contract.

G.3.0 DOCUMENT DESCRIPTIONS

G.3.1 SUPPLEMENTAL DOCUMENTS: The Contracting Officer shall furnish from time to time such detailed drawings and other information as is considered necessary, in the opinion of the Contracting Officer, to interpret, clarify, supplement, or correct inconsistencies, errors or omissions in the Contract documents, or to describe minor changes in the work not involving an increase in the contract price or extension of the contract time. The Contractor shall comply with the requirements of the supplemental documents, and unless prompt objection is made by the

Contractor within 20 days, their issuance shall not provide for any claim for an increase in the

Contract price or an extension of contract time.

G.3.1.1. RECORD DOCUMENTS. The Contractor shall maintain at the project site:

(1) a current marked set of Contract drawings and specifications indicating all interpretations and clarification, contract modifications, change orders, or any other departure from the contract requirements approved by the Contracting Officer; and,

(2) a complete set of record shop drawings, product data, samples and other submittals as approved by the Contracting Officer.

G.3.1.2 . "As-Built" Documents: After final completion of the work, but before final acceptance thereof, the Contractor shall provide:

(1) a complete set of "as-built" drawings, based upon the record set of drawings, marked to show the details of construction as actually accomplished; and,

(2) record shop drawings and other submittals, in the number and form as required by the specifications.

G.4.0 LAWS AND REGULATIONS - The Contractor shall, without additional expense to the

Government, be responsible for complying with all laws, codes, ordinances, and regulations applicable to the performance of the work, including those of the host country, and with the lawful orders of any governmental authority having jurisdiction. Host country authorities may not enter the construction site without the permission of the Contracting Officer. Unless otherwise directed by the Contracting Officer, the Contractor shall comply with the more stringent of the requirements of such laws, regulations, and orders and of the contract. In the event of a conflict between the contract and such laws, regulations and orders, the Contractor shall promptly advise the Contracting Officer of the conflict and of the Contractor's proposed course of action for resolution by the Contracting Officer.

G.4.1 The Contractor shall comply with all local labor laws, regulations, customs, and practices pertaining to labor, safety, and similar matters, to the extent that such compliance is not inconsistent with the requirements of this contract.

G.4.2 The Contractor shall give written assurance to the Contracting Officer that all subcontractors and others performing work on or for the project have obtained all requisite licenses and permits.

G.4.3 The Contractor shall submit proper documentation and evidence satisfactory to the

Contracting Officer of compliance with this clause.

G.5.0 CONSTRUCTION PERSONNEL - The Contractor shall maintain discipline at the site and at all times take all reasonable precautions to prevent any unlawful, riotous, or disorderly conduct by or among those employed at the site. The Contractor shall ensure the preservation of peace and protection of persons and property in the neighborhood of the project against such action. The Contracting Officer may require, in writing that the Contractor remove from the work any employee that the Contracting Officer deems incompetent, careless, insubordinate or otherwise objectionable, or whose continued employment on the project is deemed by the

Contracting Officer to be contrary to the Government's interests.

G.5.1 If the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately give notice, including all relevant information, to the Contracting Officer.

G.5.2 After award, the Contractor has ten calendar days to submit to the Contracting Officer a list of workers and supervisors assigned to this project for the Government to conduct all necessary security checks. It is anticipated that security checks will take 10 days to perform.

For each individual, the list shall include:

Full Name

Place and Date of Birth

Current Address

Identification number

Failure to provide any of the above information may be considered grounds for rejection and/or resubmittal of the application. Once the Government has completed the security screening and approved the applicants a badge will be provided to the individual for access to the site. This badge may be revoked at any time due to the falsification of data, or misconduct on site.

G.5.3 The Contractor shall provide an English speaking supervisor on site at all times. This position is considered as key personnel under this purchase order.

G.6.0 Materials and Equipment - All materials and equipment incorporated into the work shall be new and for the purpose intended, unless otherwise specified. All workmanship shall be of good quality and performed in a skillful manner that will withstand inspection by the Contracting

Officer.

G.7.0 SPECIAL WARRANTIES

G.7.1 Any special warranties that may be required under the contract shall be subject to the stipulations set forth in 52.246-21, "Warranty of Construction", as long as they are not in conflict.

G.7.2 The Contractor shall obtain and furnish to the Government all information required to make any subcontractor's, manufacturer's, or supplier's guarantee or warranty legally binding and effective. The Contractor shall submit both the information and the guarantee or warranty to the

Government in sufficient time to permit the Government to meet any time limit specified in the guarantee or warranty, but not later than completion and acceptance of all work under this contract.

G.8.0 EQUITABLE ADJUSTMENTS

Any circumstance for which the contract provides an equitable adjustment that causes a change within the meaning of paragraph (a) of the "Changes" clause shall be treated as a change under that clause; provided, that the Contractor gives the Contracting Officer prompt written notice

(within 20 days) stating:

(a) the date, circumstances, and applicable contract clause authorizing an equitable adjustment and

(b) that the Contractor regards the event as a changed condition for which an equitable adjustment is allowed under the contract

The Contractor shall provide written notice of a differing site condition within 5 calendar days of occurrence following FAR 52.236-2, Differing Site Conditions.

G.9.0 ZONING APPROVALS AND PERMITS

The Government shall be responsible for:

- obtaining proper zoning or other land use control approval for the project

- obtaining the approval of the Contracting Drawings and Specifications

- paying fees due for the foregoing; and,

- for obtaining and paying for the initial building permits.

SECTION H - CLAUSES

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. In addition, the full text of a clause may be accessed electronically at: Acquisition.gov this address is subject to change.

If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use the Department of State Acquisition website at e-CFR to see the links to the FAR. You may also use an Internet “search engine” (for example, Google, Yahoo or Excite) to obtain the latest location of the most current FAR.

THE FOLLOWING FEDERAL ACQUISITION REGULATION CLAUSE(S) IS/ARE

INCORPORATED BY REFERENCE (48 CFR CH. 1):

CLAUSE TITLE AND DATE

52.202-1 DEFINITIONS (JUN 2020)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

(JAN 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS (JUN 2020)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT

2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

(AUG 2020)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED

OR PROPOSED FOR DEBARMENT OR VOLUNTARILY EXCLUDED (JAN

2025)

52.216-7 ALLOWABLE COST AND PAYMENT (AUG 2018)

https://acquisition.gov/browse/index/far https://gov.ecfr.io/cgi-bin/text-idx?SID=d9a7851186785ba2b1896db79b1b6b29&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

52.222-19 CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES

(JAN 2025)

52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)

52.225-5 TRADE AGREEMENTS (NOV 2023)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021)

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION

OF CONTRACT (FEB 2000)

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING

WHILE DRIVING (MAY 2024)

52.228-3 WORKERS’ COMPENSATION INSURANCE (DEFENSE BASE ACT)

(JUL 2014)

52.228-4 WORKERS’ COMPENSATION AND WAR-HAZARD INSURANCE

OVERSEAS (APR 1984)

52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.228-11 PLEDGES OF ASSETS (FEB 2021)

52.228-13 ALTERNATIVE PAYMENT PROTECTION (JULY 2000)

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

52.228-15 PERFORMANCE AND PAYMENT BONDS-CONSTRUCTION (JUN 2020)

52.229-6 TAXES - FOREIGN FIXED-PRICE CONTRACTS (FEB 2013)

52.229-7 TAXES- FIXED PRICE CONTRACTS WITH FOREIGN GOVERNMENTS

(FEB 2013)

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS

(MAY 2014)

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

52.232-11 EXTRAS (APR 1984)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

52.232-22 LIMITATION OF FUNDS (APR 1984)

52.232-25 PROMPT PAYMENT (JAN 2017)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD

MANAGEMENT (OCT 2018)

52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER – OTHER THAN

SYSTEM FOR AWARD MANAGEMENT (JULY 2013)

52.233-1 DISPUTES (MAY 2014) ALTERNATE I (DEC 1991)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK

(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)

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

52.242-14 SUSPENSION OF WORK (APR 1984)

52.243-4 CHANGES (JUN 2007)

52.243-5 CHANGES AND CHANGED CONDITIONS (APR 1984)

52.245-2 GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES

(APR 2012)

52.245-9 USE AND CHARGES (APR 2012)

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN

2003)

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

52.246-26 REPORTING NONCONFORMING ITEMS (AUG 2024)

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-

PRICE) (APR 2012)

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

52.249-14 EXCUSABLE DELAYS (APR 1984)

I. FAR CLAUSES INCORPORATED IN FULL TEXT

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications…