DCMR Window Replacement Solicitation.pdf

Embassy of the United States of America Lilongwe, Malawi

28 August 2023

Subject: Request for Proposals for Supply and Installation of Aluminum Windows at U.S. Government Owned Deputy Chief of Mission Residence at 12/393-394; Reference number PR12741482

Dear Prospective Offeror:

The U.S. Embassy in Lilongwe, Malawi is seeking proposals from General Contractors to remove existing wooden windows and supply and install new aluminum windows at the U.S. Government owned Deputy Chief of Mission residence located at 12/393-394.

Enclosed is the RFP. If you would like to submit quotation, please review the enclosures and follow the attached instructions.

The Embassy intends to conduct a pre-proposal conference at the site to discuss and clarify conditions and requirements. The pre-proposal conference will be held on September 10, 2024, at 10:00 at 12/393-394. Prospective offerors/quoters should contact the U.S. Embassy Lilongwe GSO Procurement office on (LilongweGSOProcurement@State.gov) for additional information or to arrange entry to the residence.

Proposals are due by September 20 at 14:00. No proposals will be accepted after this time. Proposals must be in English and incomplete proposals will not be accepted.

Your proposal must be submitted electronically to LilongweGSOProcurement@State.gov.

The U.S. Government intends to award a contract/purchase order to the qualified contractor submitting an acceptable offer at the lowest reasonable price. We expect to award a contract/purchase order based on initial proposals without holding post-submission discussions, although we may hold such discussions with companies in the competitive range if there is a need to do so.

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

1. Signed SF-18 / OF347 form

2. Acknowledgement of understanding and acceptance of the Statement of

Work and Specifications

3. Pricing

4. Additional information required to support Evaluation Criteria

5. Representations and Certifications

We encourage all vendors who might like to work with the U.S. Embassy to register in the SAM.gov (System for Award Management) database at https://www.sam.gov, but SAM.gov registration is not required for this solicitation at this time.

We welcome your interest in working with the U.S. Embassy in Lilongwe and look forward to reviewing your proposal.

Sincerely, Mark Palermo Contracting Officer

Enclosures:

Attachment 1 SF18 / OF347 Attachment 2 Statement of Work and Specifications Attachment 3 Bid Instructions and Award Criteria Attachment 4 Price Proposal Attachment 5 Representations and Certifications Attachment 6 Contract Clauses https://www.sam.gov/

PAGE OF PAGESREQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS x IS NOT A SMALL BUSINESS SET-ASIDE

1. REQUEST NO.

2. DATE ISSUED

3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

5a. ISSUED BY

6. DELIVER BY (Date)

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

TELEPHONE NUMBER

7. DELIVERY

FOB DESTINATION OTHER

(See Schedule)

9. DESTINATION

NAME

AREA CODE NUMBER

8. TO:

a. NAME OF CONSIGNEE

a. NAME b. COMPANY b. STREET ADDRESS

c. STREET ADDRESS c. CITY

d. CITY e. STATE f. ZIP CODE d. STATE e. ZIP CODE

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

d. CALENDAR DAYS

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%)

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER

a. NAME OF QUOTER

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF QUOTATION

16. SIGNERb. STREET ADDRESS

b. TELEPHONE

c. COUNTY

a. NAME (Type or print)

AREA CODE

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or print) NUMBER

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

AREA 40 / PLOT 24 KENYATTA DRIVE, BOX

30016, ATTN: GSO/PROCUREMENT

LILONGWE 3

MALAWI

Lilongwe GSO Procurement +265 884 773 166 U.S. Embassy Lilongwe

AREA 40 / PLOT 24 KENYATTA DRIVE,

Lilongwe x

September 20, 2024, Not later than 02:pm

The Contractor shall supply and install new aluminum winodws and do all the necessary works at 12/393 to 394

28/08/2024PR12741482

WINDOW REPLACEMENT DCMR 12/393-394 – U.S. EMBASSY LILONGWE, MALAWI

August 2024 WINDOW REPLACEMENT DCMR 12/393-394 Page 3

Embassy of the United States of America

Lilongwe, Malawi

Statement of Work and Specifications

Supply and Installation of Aluminum Windows at U.S. Government Owned

Deputy Chief of Mission Residence 12/393-394

The U.S. Embassy Lilongwe offers the following Statement of Work and Specifications for consideration, bidding, and upon bid acceptance as a list of required activities in the performance of the Contract.

1. INTRODUCTION

A. The Statement of Work and Specifications include removal of existing wood framed windows and supplying and installing new aluminum framed windows at the U.S. government owned Deputy Chief of Mission residence located at 12/393-394. The U.S. Embassy Lilongwe Facilities Section will be involved in the execution and coordination of this project with the contractor.

B. Location of the project: 12/393-394 (U.S. Property ID# 4004)

C. Pre-Bid Meeting:

As noted in the Solicitation, there will be a pre-bid meeting to verify conditions, materials, and requirements.

D. Contract Administration:

Contracting Officer:

Mark S. Palermo, General Services Officer PalermoMS@state.gov Mobile Number: 0888 760176

Contracting Officer Representative:

Gregory Buie, Assistant Facility Manager BuieGA@state.gov, Mobile Number: 0883 430308 mailto:PalermoMS@state.gov mailto:BuieGA@state.gov, August 2024 WINDOW REPLACEMENT DCMR 12/393-394 Page 4

Facilities Staff Representative:

Nyson Lozani, Head Carpenter LozaniNM@state.gov, Mobile Number: 0882 265112

2. SUMMARY OF CONDITIONS AND WORK:

A. The property is owned by the Government of the United States. It is currently occupied and in active use. The Contractor and Embassy shall mutually agree on an approach to the work to minimize disruption to the occupancy and use of the property.

B. The work includes but is not limited to:

1. Removing all existing wood and louvered windows in the main residence and appropriately disposing of waste material.

2. Supplying new aluminum frame windows conforming to the specification below, and all trim, gaskets, hardware, screens, and other materials necessary for installation.

3. Installing the new aluminum frame windows in a good and workmanlike manner such that the windows and window openings interior and exterior are fully finished.

4. Final cleanup up the site and closeout of the project.

C. Potential related additional services may include modifying or upgrading metal security grilles on some windows.

D. Work shall be executed in conformance with this SOW and

Specifications, and the Contract Terms and Conditions. If there is a conflict between the documents, the Contractor shall follow the more stringent requirement.

E. The Contractor shall provide all necessary managerial, administrative, and direct labor personnel, as well as all required transportation, equipment, tools, supplies and materials necessary to execute the work.

3. GENERAL REQUIREMENTS

A. PRECONSTRUCTION CONFERENCE: A preconstruction conference will be held on or around 10 days after contract award at 12/393-394 to discuss the schedule, submittals, notice to proceed, mobilization and other important issues that affect construction progress (FAR 52.236-26, Preconstruction Conference). See attached floorplan and window schedule for an overview of the property and window requirements.

Additional information will be provided at the site visit.

B. PERMITS AND RESPONSIBILITIES: The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits for its work on the project, and for complying with any applicable laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the mailto:LozaniNM@state.gov, August 2024 WINDOW REPLACEMENT DCMR 12/393-394 Page 5

Contractor’s fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract. (FAR 52.236-7)

C. SUBCONTRACTORS: The Contractor shall be responsible for ensuring that any subcontractors or third party service providers engaged on the project comply with all applicable terms and conditions of this Agreement.

D. OTHER CONTRACTS: The Government may undertake or award other contracts for additional work at or near the site of the work under this contract. The Contractor shall fully cooperate with the other contractors and with Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees. (FAR 52.236-8)

4. WINDOW REPLACEMENT

A. Measure all openings and order custom fit, pre-manufactured windows with a minimum specifications of the Crealco Swift 38 series window (see below).

1. See attached floorplan and window schedule for an overview of the property and window requirements. Additional information will be provided at the site visit.

2. The Contractor shall be responsible for accuracy and completeness of all measurements.

3. Glass shall be minimum 6.38mm clear laminated safety glass.

4. Windows shall be operable, with at least one half of the window able to open; when closed, the window shall be well sealed. Operable portion of each window to be verified at field visit and confirmed prior to ordering windows.

5. Operable screens shall be integrated with the window assembly; when closed any gap between the screen and window frame shall be sealed with pile or brush window seal; the screen shall be able to open to clear at least half of the window area.

6. All window frames and related components shall be powder coated bronze finish aluminum. Other material shall match in color.

7. Window hardware shall be similar color, to be proposed by the Contractor and approved through submittals and shop drawings.

August 2024 WINDOW REPLACEMENT DCMR 12/393-394 Page 6

8. Movable window frame elements shall have an integrated lock to secure them in position.

B. Remove and dispose of existing wooden frames and glass louvers.

C. Repair and plumb existing window openings with appropriate cement plaster material to keep window frames plumb and minimize gaps between the opening and the window frame.

D. Install new aluminum frame windows

1. Frames shall be installed to ensure they are weather-tight, true and plumb, and that moisture drains away from the structure; all fasteners holding the frame to the structure shall be appropriate, consistent, and installed flush so as not to impede operation of the window or pose a hazard.

2. Any gaps between the aluminum frame and wall structure shall be sealed with high-quality gaskets and weatherproofing sealant interior and exterior.

3. Installation hardware:

a) Must be suitable for use in most atmospheric environments.

b) Must be specified or correct mechanical fasteners and weathering performance of the window system.

c) The use of anti-magnetic stainless-steel screws and aluminum pop rivets is recommended to reduce galvanic corrosion in harsh environmental conditions.

E. At the end of each working day, the contractor shall secure all windows that are opened to the elements with a plastic tarp cover. The contractor shall not allow rain, dirt, or debris to enter the residence. Any dirt or water damage to the residence shall be fixed by the contractor and all associated costs associated shall be the responsibility of the contractor.

5. SUBMITTALS

Description Delivery Date

Bonds/Insurance/Letter of Credit 15 days after award Pre-Construction Conference 15 days after award Construction Schedule / Workplan 15 days after award Product data for acquisition:

• General sketch/drawing displaying the design of each window

• Proposed aluminum window configuration (Plan and Profile)

• Proposed aluminum screens

• Proposed hardware

15 days after award

Installation detail showing connection from window frame members to wall

15 days after award

August 2024 WINDOW REPLACEMENT DCMR 12/393-394 Page 7

Safety Plan 15 days before commencing work on site Quality Assurance Plan 15 days before commencing work on site Biographic Data on Personnel and vehicles for access to the job site

5 days prior to commencing work and no less than 48 hours prior to access thereafter

Inspection Reports 3 days after end of weekly period Payment Request Last day of each month Monthly Progress Report Last day of each month with invoice Updates to Construction Schedule Last day of each month with invoice Shop drawings or drawings of different conditions as built

5 days before Substantial Completion inspection

Material manufacturer's product data sheets, specified tests

5 days before Substantial Completion inspection

Request for Substantial Completion 5 days before Substantial Completion inspection

Warranties After final completion but before final acceptance

Request for Final Acceptance 5 days before inspection Notice of Delay Within 10 days after event

6. SUBSTITUTIONS AND PRODUCT OPTIONS

A. "OR-EQUAL CLAUSE":

1. References in the Specifications/Statement of Work to materials, products or equipment by trade name, make, or catalog number, or to specific processes, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may propose for approval or rejection by the COR the substitution of any material, product, equipment or process that the Contractor believes to be equal to or better than that named in the Specifications/Statement of Work, unless otherwise specifically provided in this contract.

2. Request for substitution constitutes a representation that Contractor:

• Has investigated proposed product and determined that it is equal to or superior in all respects to that specified.

• Shall provide same warranties for substitution as for product specified.

• Shall coordinate installation of accepted substitution into Work and make such other changes as may be required for Work to be complete in all respects.

• Waives all claims for additional costs, under his

August 2024 WINDOW REPLACEMENT DCMR 12/393-394 Page 8 responsibility, related to substitution which subsequently becomes apparent.

B. PRIOR APPROVAL REQUIRED

1. The Contractor must receive approval in writing from the COR before substitutions (1) proposed by the Contractor but not yet approved at the time of execution of the contract, or (2) proposed by the Contractor after execution of the contract may be used in the project.

2. Sufficient information to permit evaluation by the Government must accompany any substitution request including but not limited to the reasons for the proposed substitution and data concerning the design, appearance, performance, composition, and relative cost of the proposed substitute.

3. The Contractor shall make requests for substitutions in a timely manner to permit adequate evaluation by the Government.

4. If, in the COR’s opinion, the use of such substitute items is not in the best interests of the Government, the Contractor must obtain the items originally specified with no adjustment in the contract price or completion date.

C. APPROVAL THROUGH SHOP DRAWINGS: The Contractor may propose substitutions of materials in the submittal of shop drawings, provided such substitution is specifically requested in writing in the transmittal of the shop drawings to the COR. Such substitution requests must be made in a timely manner and supported by the required information.

D. FINAL APPROVAL ON DELIVERY: Acceptance or approval of proposed substitutions under the contract are conditioned upon approval of items delivered at the site or approval by sample. Approval by sample shall not limit the Government's right to reject material after delivery to the site if the material does not conform to the approved sample in all material respects.

7. ANTICIPATED PERIOD OF PERFORMANCE

A. Award: Zero Day B. Pre-Construction Submittals: 15 days after Award C. Embassy Approval of

Pre-Construction Submittals: 15 days after Submittal D. Material Procurement and delivery to site: within 90 days after approval E. Mobilization & Construction: 15 days unless alternative plan is agreed F. Final Clean-Up and Closeout: 2-5 days

August 2024 WINDOW REPLACEMENT DCMR 12/393-394 Page 9

TOTAL PERIOD OF PERFORMACE: 140 days

8. SCHEDULE

A. The Contractor shall, within 15 days after award, prepare and submit to the Contracting Officer for approval a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

B. The Contractor shall prepare a weekly progress report, along with the monthly invoice, summing up observations resulting from the inspections, progress, difficulties or irregularities encountered, resolution of problems, measures taken to improve conditions, recommendations, and other matters related to this contract. The progress reports shall include an annotated schedule showing actual progress of the work.

C. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

D. Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor’s right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract, or impose liquidated damages for any additional costs actually incurred by the Government as a result of the Contractor’s failure to meet the schedule.

9. SUSPENSION OF WORK

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.

August 2024 WINDOW REPLACEMENT DCMR 12/393-394 Page 10

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.

10. PERSONNEL AND SITE ACCESS

A. The Contractor’s personnel must be accompanied by U.S. Embassy escorts at all times on the job site. No work is allowed without escorts on duty.

B. All Contractor personnel and subcontractors must be supervised on site by the Contractor’s appropriately qualified superintendent.

C. The contractor will estimate number of employees to work on the Embassy compound with their bid.

D. Contractor shall provide the COR with names, date of birth, and ID numbers of all workers at least five days in advance of commencement of the work on site, and no less than 48 hours prior to entry to the site thereafter.

E. All workers shall have an official photo ID or photo ID with the company name on it.

F. The Contractor shall inform and provide in writing the transportation details to the COR/FAC representative at least 48 hours on working days in advance for material deliveries. All materials and workers are subject to screening while entering and leaving the embassy compound.

G. No electronics, including phones, will be allowed in the compound without prior coordination with security.

H. Worker parking must be coordinated with Embassy security in advance.

August 2024 WINDOW REPLACEMENT DCMR 12/393-394 Page 11

11. WORKING HOURS AND HOLIDAYS

A. Access will be available from 08:00 hours until 17:00 (Monday through Thursday) and from hours and from 08:00 hours until 12:00 (Fridays) during regular workdays, unless mutually agreed in advance.

B. The daily working schedule can be adjusted, if mutually agreed between the COR and Contractor including overtime on Fridays, Saturday, Sunday, and Holidays. U.S. Embassy Escorts will have lunch from 12:00 until 13:00 hours.

C. Contractor personnel are not expected to work on a holiday. Observance of such days shall not be cause for additional period of performance or entitlement to compensation. 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.

D. The Contractor must notify the COR and U.S. Embassy Supervisor at least 48 working hours in advance to schedule overtime work or special work hours.

E. OBSERVANCE OF LEGAL HOLIDAYS: The U.S. Embassy in Malawi observes the following holidays:

New Year’s Day U.S. / Malawian Martin Luther King Jr. Day / Chilembwe Day

U.S. / Malawian

Presidents’ Day U.S.

Martyrs’ Day Malawian Good Friday Malawian Easter Monday Malawian Labor Day Malawian Eid al-Fitr (TBD) Malawian Kamuzu Day Malawian Memorial Day U.S.

Juneteenth U.S.

Independence Day U.S.

Independence Day Malawian Labor Day U.S.

Columbus Day U.S.

Mother’s Day Malawian Veterans Day U.S.

Thanksgiving Day U.S.

Christmas Day U.S. / Malawian Boxing Day Malawian

August 2024 WINDOW REPLACEMENT DCMR 12/393-394 Page 12

1. Plus any other day designated by Federal law, Executive Order or Presidential Proclamation.

2. The actual date of observance for some holidays may vary if the holiday falls on a weekend.

12. SUPERVISION, QUALITY ASSURANCE, AND INSPECTION OF THE WORK

A. SUPERINTENDENCE BY THE CONTRACTOR: At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor. (FAR 52.236-6)

B. The Contractor shall be qualified or approved by the manufacturer to perform the work for the specified guarantee period. The Contractor shall be responsible for the Manufacturer’s Warranty and Inspection.

C. The Contractor shall institute an appropriate inspection system set forth in a Quality Assurance Plan. The plan shall include checklists of duties to be carried out, ensuring these duties are carried out by the supervisory staff and senior employees, and carrying out weekly inspections to determine whether the various services are being performed according to the contract. The Contractor shall provide copies of the weekly inspection reports to the COR.

D. The COR or their authorized representative may inspect any or all work at all times and places during the Contract, to the extent practicable.

E. The COR or their authorized representative 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.

F. Inspections will be conducted at different phases of this project. The following inspections will occur, and coordination shall be made between the contractor and a U.S. Embassy representative prior to commencement of the next phase:

1. Inspection and written approval to continue upon plumbing and repair of window frame.

2. Inspection and written approval to continue upon receipt of aluminum window frames and appurtenances.

3. Inspection and written approval on the installation of the windows.

4. Inspection and written approval on the installation of the screens.

G. Upon completion of work, the contractor shall notify the U.S. Embassy representative for a ‘Final Walk-Through Inspection’. A ‘Final List’ shall be created between the contractor’s site representative and the U.S.

August 2024 WINDOW REPLACEMENT DCMR 12/393-394 Page 13

Embassy representative. Upon completion of this ‘Final List’, the contractor will receive full final payment.

H. The Contractor shall be responsible for any countermeasures or corrective action, within the scope of this contract, which may be required by the COR as a result of such inspection. The Contractor shall correct and improve promptly any shortcomings and substandard conditions noted during inspections. The Contractor shall bring any conditions beyond the responsibility of the Contractor to the attention of the Contracting Officer or COR.

13. MATERIALS AND WORKMANSHIP

A. All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract.

No used materials shall be installed or allowed. If a new material is damaged during the installation, the contractor shall replace the item at his/her own expense. The contracting officer or his representative shall approve all materials used before commencement of work.

B. All work under this contract shall be performed in a skillful and workmanlike manner. The COR may require, in writing, that the Contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.

14. STORAGE OF MATERIALS

A. Proper storage of materials is the sole responsibility of Contractor.

Stored materials shall be available for inspection.

B. The Contractor must protect all materials susceptible subject to damage by weather, including but not limited to, all roll goods, insulation, cant strip, wood, and plywood in dry, above ground, watertight storage. Keep all labels intact and legible, clearly showing the product, manufacturer, and other pertinent information.

C. Temporary buildings (e.g., storage sheds, shops, offices) and utilities may be erected by the Contractor only with the approval of the Contracting Officer and shall be built with labor and materials furnished by the Contractor without expense to the Government. The temporary buildings and utilities shall remain the property of the Contractor and shall be removed by the Contractor at its expense upon completion of the work. With the written consent of the Contracting Officer, the buildings and utilities may be abandoned and need not be removed.

D. Store flammable and volatile liquids in sealed containers located a minimum of 20 feet from existing buildings.

E. Liquid products shall be delivered sealed, in original containers. Store

August 2024 WINDOW REPLACEMENT DCMR 12/393-394 Page 14 roll goods in an upright position.

F. The Contractor shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the COR. The Contractor shall hold and save the Government, its officers and agents, free and harmless from liability of any nature occasioned by the Contractor’s performance.

G. The Contractor shall, under direction prescribed by the COR, use only established roadways, or use temporary roadways constructed by the Contractor when and as authorized by the COR. When materials are transported in prosecuting the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any applicable law or regulation. When it is necessary to cross curbs or sidewalks, the Contractor shall protect them from damage. The Contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads.

15. CLEANUP

A. The contractor shall maintain a clean work area.

B. At the end of each working day, the contractor shall clean the area of work and remove all tools and trash from the work area. The Contractor’s Site Superintendent and U.S. Embassy Staff Representative shall designate sweeping/cleaning requirements daily.

C. The contractor shall use turpentine, thinners or similar harmful chemicals on site only to the extent necessary and appropriate for immediate cleaning of tools that would otherwise be damaged if not cleaned, such as paint brushes. All such harmful chemicals shall be removed from the site for proper disposal. All such harmful chemicals shall be handled in a manner to prevent risks to health and safety and to property consistent with safety requirements below.

D. Items for installation, debris, and excavation material shall not be left in an area where it may become a tripping hazard. The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials.

E. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Government.

F. Upon completing the work, and prior to submittal of the final invoice, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer.

August 2024 WINDOW REPLACEMENT DCMR 12/393-394 Page 15

16. PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS

A. The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by the COR.

B. The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site, and (2) on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

17. AVAILABILITY AND USE OF UTILITY SERVICES

A. The Government shall make all reasonably required amounts of electricity and water available to the Contractor from existing outlets and supplies. The Contractor shall carefully conserve any such utilities furnished without charge. Inappropriate use of such utilities shall be cause for damages against the Contractor.

18. TOILET FACILITIES AND COOKING

A. TOILETS: The contractor’s employees shall have the use of staff quarters toilets and shall be escorted by U.S. Embassy Staff. All other toilet facilities are off limits to contractor employees unless coordinated prior to the commencement of work.

B. COOKING: The contractor’s employees shall not cook in or around the property site. No open fires nor pre-approved hotplates are allowed. No open fires shall be allowed outside, in front, or adjacent to the property site. The contractor shall provide box lunches for his/her employees.

19. SHIPMENT AND CUSTOMS CLEARANCE OF IMPORTED MATERIALS

A. Costs to be borne by Contractor: The Contractor is responsible for paying all charges incurred in obtaining materials that must be imported

August 2024 WINDOW REPLACEMENT DCMR 12/393-394 Page 16 for the project and in transporting the materials from their place or origin to the construction site. Moving costs shall include, but not necessarily be limited to, packing, handling, cartage, overland freight, ocean freight, transshipment, port, unloading, customs clearance and duties (other than customs duties specified below), unpacking, storage, and all other charges including administrative costs in connection with obtaining and transporting the materials from their source to the project site.

B. Customs Clearance: The Government will be responsible for obtaining customs clearances, and for obtaining exemption certificates or paying customs duties not waived, for imported products, materials and equipment which are labeled and processed in accordance with the Contracting Officer's instructions. The Government shall not be responsible for obtaining customs clearance for the Contractor's tools, construction equipment or machinery, nor for obtaining visas, entry or work permits for the Contractor's personnel.

C. Duty-free clearance: The Contractor shall not be responsible for customs duties for which the Government has been able to obtain a customs waiver. The Contractor shall follow the instructions of the Contracting Officer as to the manner of labeling the shipping containers or otherwise processing shipments of imported materials in order to obtain, or continue to receive, duty free clearance through customs.

The Contractor shall be responsible for the payment of customs duties, if any, which:

1. are imposed on items which are not labeled and processed in accordance with the Contracting Officer's instructions,

2. are imposed on the Contractor's tools, construction equipment and machinery imported for use on the project, or

3. are otherwise ineligible for duty-free entry. The Contractor is responsible for customs duties where the Contractor has failed to give adequate and timely notice to the Contracting Officer of importation on containers or materials which may be eligible for a customs waiver. The Contracting Officer will provide instructions concerning time periods for notification of importation by the Contractor.

20. HEALTH AND SAFETY

A. The Contractor is responsible for and shall continue management and implementation of a safety and health program throughout construction to protect the health and safety of the Contractor’s employees, U.S.

Government personnel, any visitors to the site, and the general public.

B. Before commencing the work, the Contractor shall-

1. Submit a written proposed plan for implementing this clause.

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The plan shall include an analysis of the significant hazards to life, limb, and property inherent in contract work performance and a plan for controlling these hazards; and

2. Meet with representatives of the Contracting Officer to discuss and develop a mutual understanding relative to administration of the overall safety program.

C. The Contracting Officer and the Post Occupational Safety and Health Officer [POSHO] reserve the right to suspend work when and where Contractor's safety and health program is considered to be operating in an inadequate or non-complying manner.

D. The Contractor’s site safety plan shall include the following:

1. Statement of safety and health policy.

2. Administrative responsibilities for implementing the plan.

3. Identification of personnel responsible for accident prevention.

4. Plans for regular safety briefings, hazard communication, and continued safety and health training.

5. Provisions for inspections of work sites, materials, and equipment.

6. Emergency response capabilities to minimize consequences of accidents.

7. Public safety requirements.

E. The Contractor shall appoint a Safety and Health Program Manager who is responsible for implementing the safety plan.

1. The Safety and Health Program Manager shall be qualified to anticipate, identify, evaluate, and implement corrective action in relation to potential safety and health hazards and dangerous exposures for accident prevention.

2. The Safety and Health Program Manager shall conduct inspections as necessary to assess site conditions and conformance with safety practices, and to confirm that safe operating procedures for equipment machinery are consistently implemented. Relevant standards are U.S.

Occupational safety and Health Administration, U.S. Army Corps of Engineers, and Malawi safety standards.

3. The Safety and Health Program Manager shall be available to meet with the COR and POSHO as needed to discuss site specific safety and health issues.

F. SAFETY OF PERSONNEL:

1. All employees of the Contractor shall wear the appropriate protective equipment to include hearing, eye, and shoe or work boot protection while at the job site.

2. The Contractor shall prohibit/prevent the presence or use of alcohol or drugs by its employees, permitted subcontractors or suppliers at a job

August 2024 WINDOW REPLACEMENT DCMR 12/393-394 Page 18 location or performance by any such person under the influence of alcohol or drugs.

G. TOOLS, EQUIPMENT, AND MACHINERY

1. Quality: Hand tools, power tools, equipment, machinery, materials, and personal protective apparatus shall be of manufacture listed by U.S. or internationally recognized testing laboratory for specific application for which they are to be used. They shall be quality products recognized for professional construction use, applications, and work practices.

2. Scaffolding: Shall be a standard tubular frame and clamp system manufactured and tested according to international standards. The Scaffold system shall include the scaffold manufacturers integrated access stairway sections, handrails, toe boards and walking platforms.

3. Safe Clearance Procedure: Prior to initial use, and periodically thereafter at times of continued use, provide inspections of construction tools, equipment, and machinery. Do not permit continued use of tools, equipment, and machinery that are not in good condition.

4. Fall Protection: On unprotected sides of the building edge provide workers with warning lines, guardrail, safety net or personal fall arrest systems or a combination of safety monitoring systems.

5. Hazardous work shall be brought to the attention of the QAI and POSHO prior to commencing the work.

• Hot Work: Includes all work that results in open flame such as welding, cutting, brazing, and burning. The Contractor shall provide effective fire protection and prevention at all times during such operations.

• Confined Space: Work in enclosed areas such as sewers, vaults, vessels, manholes, pits, etc.

• Internal Combustion: The use of cranes, forklifts, hoists, or generators powered by petroleum fuel when used on or near the building.

• Explosive Actuated Tools: These include powder charged tools used for fastening purposes.

21. PAYMENTS

A. 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.

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B. 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.

C. After receipt of the Contractor's request for payment, and on the basis of an inspection of the work AND contracting Officer’s Representative’s recommendation, 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.

D. Payment shall be made withing 30 days of approval of a properly prepared and submitted invoice. 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.

E. Invoices with all appropriate documentation shall be submitted to:

U.S. Embassy Lilongwe Financial Management Office

With a copy to the Contracting Officer Representative

22. PROJECT CLOSEOUT

A. SUBSTANTIAL COMPLETION

1. Contractor shall submit written request to the COR stating the proposed date of Substantial Completion and schedule Final Inspection.

2. Written certification shall include:

a) Contract Documents have been reviewed.

b) Project has been inspected for compliance with Contract

Documents.

c) Work has been completed in accordance with Contract Documents.

d) Equipment and systems have been tested in presence of

Owner's Representative and are operational.

e) Project is complete and ready for final inspection.

3. Quality Assurance Inspector or Post’s Facilities Manager will make a pre-inspection after notification. Should the work not be complete, they will issue an inspection list to Contractor with noted items requiring further consideration.

B. FINAL INSPECTION

1. Contracting Officer’s Representative will make final inspection after notification from Contractor.

2. Should COR consider Work complete in accordance with requirements of Contract Documents, he will request Contractor to begin Final Clean-up and Project Closeout submittals.

3. Should COR consider Work not complete:

a) Contractor shall take immediate steps to remedy the stated deficiencies and submit initialed inspection list to the COR certifying Work is complete.

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b) COR will re-inspect Work.

C. REINSPECTING COSTS: Should the Contracting Officer’s Representative be required to perform subsequent inspections of the Work due to the failure of the Contractor to correct deficient work, the additional services will be deducted from the final payment to Contractor.

D. SUBMIT WARRANTY/GUARANTEE: Submit original and duplicate copies of both Contractor's Warranty and Manufacturer's Guarantee for review. After review, Contracting Officer’s Representative shall approve final pay application upon receipt of both Contractor's Warranty and Manufacturer's Guarantee.

E. SUBMIT EVIDENCE OF PAYMENTS AND RELEASE OF LIENS

1. Contractor's Waiver of Liens.

2. Separate waivers of liens for subcontractors, suppliers, and others with lien rights against property of Owner, together with complete list of those parties.

3. Consent of Surety

F. FINAL APPLICATION FOR PAYMENT

1. The Contractor shall submit a final application for payment to the COR. It should include a summary of all previous invoices against the original contact sum, any adjustments with the appropriate backup documents, payments received, and final balance due.

2. The COR also will determine if billed services have been satisfactorily performed and if billing is correct. If it is determined that the amount billed is incorrect, the COR will within seven days, request the Contractor to submit a revised invoice.

3. Final payment will not be approved or released until receipt of proper close-out documents.

23. INSURANCE

A. 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.

B. The Contractor shall carry insurance appropriate for the scale and complexity of the project including but are not limited to:

(1) Contractor’s All Risk (CAR) coverage for physical loss or damage to works, materials, and equipment from incidents like fire, theft, and accidental damage.

(2) Property Damage Insurance protecting the U.S. Government and other third parties against damage caused by construction activities, including damage to buildings and vehicles.

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(3) Workers’ Compensation Insurance covering medical costs, disability benefits, and lost wages for employees injured or ill due to construction work.

C. These coverages shall apply to all workers and activities undertaken or directed by the Contractor or its subcontractors and suppliers in completing the work.

D. 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.

E. 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.

F. 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. 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.

24. WARRANTY OF CONSTRUCTION

A. In addition to any other warranties in this contract, the Contractor warrants that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

B. This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

C. The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor’s expense any damage to Government-owned or controlled real or personal property, when that damage is the result of-

1. The Contractor’s failure to conform to contract requirements; or

2. Any defect of equipment, material, workmanship, or design furnished.

D. The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

E. The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

F. If the Contractor fails to remedy any failure, defect, or damage within a reasonable

August 2024 WINDOW REPLACEMENT DCMR 12/393-394 Page 22 time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense.

G. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall-

1. Obtain all warranties that would be given in normal commercial practice;

2. Require…