Final RFQ 19BX6025Q0012-Paint restoration for the exterior surface of Embassy Bldg.doc.pdf

SBU - CONTRACTING AND ACQUISITIONS

TABLE OF CONTENTS

SECTION A – SF 1442 COVER SHEET

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION I - CONTRACT CLAUSES

SECTION J - LIST OF ATTACHMENTS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS OR QUOTERS

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

QUOTERS

SECTION M - EVALUATION FACTORS FOR AWARD

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SECTION B - SUPPLIES OR SERVICES

AND PRICES/COSTS

B.1 SCOPE

The Contractor shall provide painting, plaster repair, and related services for U.S.

Embassy Bandar Seri Begawan located at Simpang 336-52-16-9, Jalan Duta, Bandar Seri Begawan.

B.2 TYPE OF CONTRACT

This contract is a firm-fixed contract and will be priced and payable entirely in the currency indicated in SF-1442. The Government will not pay any additional sums due to any escalation in the cost of materials, equipment or labor, or because of the Contractor's failure to properly estimate or accurately predict the cost or difficulty of achieving the results required by this contract. Nor will the contract price be adjusted due to fluctuations in the currency exchange rates. The Government will make changes in the contract price or time to complete only due to changes made by the Government in the work to be performed, or by delays caused by the Government.

The Government shall make payments solely on the basis of quantities and unit prices, subject to the extent of work completed as expressly provided in the contract

B.3 CONTRACT PRICE

B.3.1 General. The Contractor shall complete all work, including furnishing all labor, material, equipment and services, required under this contract, for painting services. The price listed below shall include all labor, materials, overhead (including cost of Workers’ Compensation and War-Hazard Insurance, which shall not be a direct reimbursement) and profit.

B.3.2 Payment. The Government will make payment in local currency.

B.3.3 Pricing. The Contractor shall provide the services shown below, starting on the date stated in the Notice to Proceed and continuing for a period of 6 months. The fixed unit prices, estimated quantities, and ceiling for each category are:

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The Contractor shall complete the breakdown of charges in the BOQ, as provided in Attachment 1.

CLIN Description of Service Unit Unit Price

Estimated Quantity

Estimated Total Amount

001 Phase 1: Chancery Building, Staff Garden.

Lot 1

002 Phase 2: Service Building, Generator Building.

Lot

003 Phase 3: Covered Parking, Guard & Police Booth, CAC Building, External Building.

Lot

004 Phase 4: Perimeter fence Lot 1

Total Amount in BND:

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SECTION C - DESCRIPTION/SPECIFICATIONS

STATEMENT OF WORK

C.1 CHARACTER AND SCOPE OF WORK

The Contractor shall furnish and apply all materials required by this contract, unless the contract states that materials and equipment will be provided by or work performed by the Government or by others under separate contracts.

C.2 SURVEY

The Contractor shall survey the property and verify the work required against this contract before beginning work, to determine if any discrepancies exist. The Contractor shall be responsible for any errors that might have been avoided by such a survey/review. The Contractor shall immediately report any discrepancies to the COR or the Contracting Officer and shall not begin work until such matters are resolved.

C.3 APPLICABLE PAINTING STANDARDS/PAINT SPECIFICATIONS

Painting and preparatory work shall follow the manufacturer's specific recommendations. Paint used shall be Sherwin Williams, Nippon Paint or approved equal.

C.4 PREPARATION/PROTECTION OF WORK AREA

Painting shall not disturb or damage any fixed property (including light fixtures, floors, carpets, or windows). The Contractor shall move, protect and return such property to its original position upon completion of work in that area.

The Contractor shall first remove or protect furnishings (such as furniture and rugs) by appropriate covering. The Contractor shall protect floors from soiling and paint spills. Wooden floors shall not be washed under any circumstances. To protect floors (of all types) from damage, the Contractor shall use a suitable protective cover. The Contractor shall also equip ladders and scaffolding with clean rubber shoes or similar protection devices.

If the Contractor spills any paint, or in any way soils the floors, the Contractor shall clean up using a specialist floor finishing company at the Contractor's expense. After completion of the painting work, the Contractor shall return all furnishings to their original position and clean the work area free of litter and debris.

C.5 UTILITIES

The Government cannot ensure that utilities will be available at all properties at all times.

The Contractor shall have an alternate source of power (generator) available if needed to ensure that paint will be applied following the manufacturer's specifications. The Contractor shall not adjust the heating or air conditioning controls in properties with utilities turned on to maintain

P a g e | 7 of 80 temperature. The Contractor shall have its own source of water available for clean up if water has been turned off in the property for winterization of the plumbing system.

C.6 EQUIPMENT

The Contractor shall provide all necessary painting supplies and equipment, including brushes, rollers, buckets, mixers, drop cloths, scrapers, sanding gear, electric sprayers, and texture sprayers if necessary to perform the work. The Government will not furnish any materials.

C.7 WARRANTY

The warranty shall be valid for 1 year after the final inspection. During the warranty period, the Contractor shall repair or replace, free of charge, any occurring defects or ensuing damages. If the Contractor fails to do so after receipt of a written request to that effect, the Government may have such discrepancies remedied at the Contractor's expense.

C.8 TECHNICAL SPECIFICATIONS FOR PAINTING WORK

a. Interior and Exterior Painting

All surfaces shall be painted as directed under the terms of this contract. Match paint to similar adjacent materials or surfaces.

(1) Paint: This category includes coating systems materials, primers, emulsions, enamels, stains, sealers and fillers, and other applied materials whether used as prime, intermediate or finish coats.

(2) Product Data: The Contractor shall submit manufacturer's technical information, label analysis, and application instructions to the COR for each paint material proposed for use, prior to starting work. The Contractor shall list each material and cross-reference specific coating and finish system and application as an attachment to the above submittal. The Contractor shall identify each material by the manufacturer's catalog number and general classification.

(3) Single Source Responsibility: The Contractor shall provide primers and undercoat paint produced by the same manufacturer as the finish coats.

(4) Material Quality: The Contractor shall provide the manufacturer's best quality trade sale type paint material. Paint material containers not displaying manufacturer's product identification are not acceptable.

(5) Material Delivery: The Contractor shall deliver materials to the job site in manufacturer's original, unopened packages and the containers shall bear the manufacturer's name and label with trade name and manufacturer's instructions.

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(6) Material Storage: The Contractor shall store materials not in use in tightly covered containers in a well-ventilated area at a minimum ambient temperature of 45 degrees F (7 degrees C). The Contractor shall protect materials from freezing and keep storage area neat and orderly. The Contractor shall remove oily rags and waste daily.

(7) Project Conditions: The Contractor shall not apply paint when the relative humidity exceeds 85 percent, or at temperatures less than 5 degrees F (3 degrees C) above the dew point, or to damp or wet surfaces. The Contractor shall apply paint only in temperatures that comply with the manufacturer's specifications.

(8) Preliminary Examination: The Contractor shall examine substrates and conditions under which painting will be performed for compliance with requirements and shall not begin application until unsatisfactory conditions have been corrected.

(9) Preparation:

(a) The Contractor shall remove hardware and hardware accessories, plates, light fixtures, and items in place that are not to be painted, or provide protection such as taping, prior to surface preparation and painting. (Taping includes windows, door jams, etc.)

(b) The Contractor shall clean and prepare surfaces to be painted following the manufacturer's instructions before applying paint or surface treatments. This preparation includes removal of oil, dust, direct, loose rust, mildew, peeling paint or other contamination to ensure good adhesion. In some cases, the Contractor may be requested to remove all existing coats of paint and sealers if prior paint application is showing signs of improper adhesion, such as peeling, chipping, etc.

by scraping, sanding and/or using a pressure washer rated at least 200 bars (2900 psi) rated for any areas. All surfaces must be clean and dry. The Contractor shall schedule cleaning and painting so dust and other contaminants will not fall on wet, newly painted surfaces.

(c) The Contractor shall notify the Contracting Officer or COR of problems anticipated for any minor preparatory work required, such as but not limited to, filling nail holes, cleaning surfaces to be painted, and priming any requisite areas.

The Contractor shall apply a polyurethane sealant reinforced with mesh along the top of the fence wall and parapet wall to prevent efflorescence and moisture seepage.

(10) Materials Preparation: The Contractor shall mix and prepare paint following the manufacturer's directions.

(11) Application: The Contractor shall apply paint following the manufacturer's directions. Use applicators and techniques best suited for substrate and type of

P a g e | 9 of 80 material being applied. Do not paint over dirt, rust, scale, grease, moisture, scuffed surfaces, or conditions detrimental to formation of a durable paint film.

(a) Unless otherwise specified, the Contractor shall use a high-quality semi-gloss latex paint (containing no lead or mercury) for all internal walls of mechanical/electrical rooms or breakrooms. The Contractor shall use a flat or satin flat latex base paint (containing no lead or mercury) in the remainder of the unit. The color shall be consistent with the balance of the room, which will normally be an off-white. The Contractor shall provide samples of the color on sample of the type of material to be painted before actual paint date is scheduled.

(b) On exterior surfaces, the Contractor shall apply a high-quality exterior grade latex base paint that matches as closely as possible the existing color on the exterior of the property, or a color as otherwise specified by the COR. Prior to painting, the Contractor shall scrape, sand, fill, and prime the surface with a latex base primer. The Contractor should plan on extensive preparatory work prior to painting. The Contractor shall not apply exterior paint in rain, fog or mist, or when the relative humidity exceeds 85 percent, or to damp or wet surfaces.

(c) The Contractor shall provide finish coats that are compatible with primers used.

(d) The number of coats and film thickness required will be at least two (2) coats regardless of application method. The Contractor shall not apply succeeding coats until previous coat has cured. The Contractor shall sand between applications where required to produce a smooth, even surface.

(e) The Contractor shall apply additional coats when undercoats or other conditions show through final coat, until paint film is of uniform finish, color, and appearance.

(12) Scheduling Painting: The Contractor shall apply the first coat to surfaces that have been cleaned, pretreated or otherwise prepared for painting as soon as practicable, and before subsequent surface deterioration. Allow sufficient time between successive coats to permit proper drying. Do not recoat until the paint has dried.

(13) Minimum Coating Thickness: The Contractor shall apply materials at the manufacturer's recommended spreading rate. The Contractor shall provide a total dry film thickness of the system as recommended by the manufacturer.

(14) Prime Coats: Before application of finish coats, the Contractor shall apply a prime coat as recommended by the manufacturer to material required to be painted or finished, and which has not been prime coated.

(15) Brush Application: The Contractor shall brush-out and work brush coats into surfaces in an even film. The Contractor shall eliminate cloudiness, spotting, lap

P a g e | 10 of 80 marks, brush marks (ropiness), runs, sags, or other surface imperfections. The Contractor shall draw neat glass lines and color breaks.

Apply with a heavy nap roller (1 1/4” synthetic nap roller) or a commercial airless paint sprayer (Graco 3500, President or Bulldog with a 0.041 – 0.047 tip with smooth texture or equivalent). If rolled, use a roller screen to provide an even amount of Lastic on the roller.

Apply to a minimum of 15 mils (380μm). Wet thickness per coat to achieve a continuous pinhole-free membrane. Backroll material to eliminate pinholes, if necessary.

The Contractor shall apply primers and first coats by brush unless manufacturer's instructions permit use of mechanical applicators.

(16) Mechanical Applications: The Contractor shall use mechanical methods for paint applications when permitted by manufacturer's recommendations, governing ordinances, and trade union regulations.

Wherever spray application is used, the Contractor shall apply each coat to provide the equivalent hiding of brush-applied coats. The Contractor shall not double-back with spray equipment building-up film thickness of two coats in one pass, unless recommended by the manufacturer.

(17) Upon completion of painting, the Contractor shall clean the glass and paint-spattered surfaces. The Contractor shall remove spattered paint by washing, scraping or other proper methods using care not to scratch or damage adjacent finished surfaces.

(18) The Contractor shall remove temporary protective wrappings after completion of painting operations.

b. Paint Exterior Trim

The Contractor shall apply a high-quality exterior grade latex base paint that matches as closely as possible the existing color on the exterior trim of the property, or a color as specified by the Contracting Officer. The Contractor shall scrap, sand, fill, and prime the trim with a latex base primer, prior to painting. The Contractor shall plan on extensive preparatory work prior to painting. The specifications for exterior paint apply, unless otherwise specified in the contract.

c. Remove Wall Covering

After contract award, the Contractor shall remove the designated wall covering (wallpaper, cork, mirror, tile, etc.). After removing the wall covering, the Contractor

P a g e | 11 of 80 shall clean and make ready for painting the area. The Contractor shall remove and properly dispose of the old wall covering.

d. Plaster

The Contractor shall repair any damaged interior or exterior plaster as directed by the COR. The plaster material shall be of a similar material that matches as closely as possible the existing plaster in texture and color.

e. Stucco

The Contractor shall repair any damaged stucco and remove any loose stucco before applying paint.

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SECTION D - PACKAGING AND MARKING

D.1 PLACE OF DELIVERY

D.1.1. Subsection F.8 lists all deliverables, and whether they are required to be delivered to the Contracting Officer or the Contracting Officer’s Representative (COR).

D.1.2. The Contractor shall submit deliverables for the Contracting Officer to the following address:

U.S. EMBASSY BANDAR SERI BEGAWAN

SIMPANG 336-52-16-9, JALAN DUTA

BANDAR SERI BEGAWAN, BRUNEI DARUSSALAM.

D.1.3. The Contractor shall submit deliverables for the COR to the following address:

U.S. EMBASSY BANDAR SERI BEGAWAN

SIMPANG 336-52-16-9, JALAN DUTA

BANDAR SERI BEGAWAN, BRUNEI DARUSSALAM.

D.2 PACKING AND MARKING

The Contractor shall deliver material to the job site in the manufacturer's original, unopened packages and containers bearing manufacturer's information.

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SECTION E - INSPECTION AND ACCEPTANCE

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 CHAPTER 1):

CLAUSE TITLE AND DATE

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

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

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SECTION F - DELIVERIES OR PERFORMANCE

F.1 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 Chapter 1):

CLAUSE TITLE AND DATE

52.242-14 SUSPENSION OF WORK (APR 1984)

F.2 EFFECTIVE ORDERING PERIOD

F.2.1 After contract award and submission of acceptable insurance certificates, the Contracting Officer shall issue a Notice to Proceed. The Notice to Proceed will establish a date (a minimum of ten (10) days from date of contract award unless the Contractor agrees to an earlier date) on which performance shall start.

F.2.2 The Government may extend this contract under FAR 52.217-8, “Option to Extend Services”.

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

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F.3 COMPLETION DATES

F.3.1 The Contractor shall have a minimum of 10 days in order to commence work following the award of the contract.

F.3.2 The Contractor shall complete the painting works, including all preparatory activities such as cleaning, patching, sanding, applying primer, and two coats of finish paint, for the areas specified, in accordance with the timeline provided below.

Completion Schedule

Phase number

Scope of Work Completion Timeline

Phase 1 Chancery Building, Staff Garden 40 days Phase 2 Service Building, Generator Building 45 days Phase 3 Covered Parking, Guard & Police Booth, CAC

Building, External Building 30 days

Phase 4 Perimeter Fence 65 days

F.3.3 The Contractor shall complete all painting works, including the areas listed above, within a total period of one hundred eighty (180) calendar days.

F.4 ACCEPTANCE OF SCHEDULE

When the Government has accepted any time schedule, this acceptance shall be binding on 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 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 or relieve the Contractor of its obligation to maintain the progress of the work and achieve final completion by the established completion date.

F.5 NOTICE OF DELAY

In the event 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 completion of the project after the completion date, the Contractor shall:

(1) notify the Government of such change or other conditions upon the approved schedule, and;

(2) shall state in what respects, if any, the relevant schedule or the completion date should be revised.

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The Contractor shall give notice to the Contracting Officer promptly, three (3) working days following the first occurrence of event giving rise to the delay or prospective delay). Only the Contracting Officer may approve revisions to the approved time schedule.

F.6 WORKING HOURS

The Contractor shall perform all work from Monday to Thursday: 7:30AM to 5.15PM and Friday 7.30AM to 11:30AM except for the holidays identified in Section I, DOSAR 652.237-82, “Observance of Legal Holidays and Administrative Leave. The Contracting Officer may approve of other hours, and/or work on weekends and holidays provided that no additional costs will arise to the U.S. Government as a result thereof. A minimum of 7 days advance notice of intent to request other hours shall be provided to the COR.

F.7 EXCUSABLE DELAYS

The Contractor shall be allowed time, not money, for excusable delays as defined in FAR 52.249-10, “Default”. Examples of such cases include:

(l) acts of God or of the public enemy;

(2) acts of the United States Government in either its sovereign or contractual capacity;

(3) acts of the government of the host country in its sovereign capacity;

(4) acts of another contractor in the performance of a contract with the Government;

(5) fires;

(6) floods;

(7) epidemics;

(8) quarantine restrictions;

(9) strikes;

(10) freight embargoes;

(11) delays in delivery of Government furnished equipment, and;

(12) unusually severe weather.

In each instance, the failure to perform shall be beyond the control and without the fault or negligence of the Contractor, and the failure to perform furthermore:

(1) shall be one that the Contractor could not have reasonably anticipated and taken adequate measures to protect against;

(2) cannot be overcome by reasonable efforts to reschedule the work, and;

(3) directly and materially affects the date of final completion of the project.

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F.8 DELIVERABLES

The Contractor shall delivery the following items under this contract:

Description Quantity Delivery Date Deliver to:

H.1.1 Insurance 1 10 days after award Contracting Officer H.8 Safety Plan 1 10 days after award COR H.10.3 List of Personnel 1 10 days after award COR H.9.2 Identification of Subs 1 5 days before use Contracting Officer F.4 Construction Schedule 1 Identified in each task order

COR

G.2 Payment Request 1 Completion of each (invoices/task order)

COR

I.1 Updates to Construction Schedule (52.236-15)

1 Last calendar day of each month

COR

H.11 Submittal Register 1 10 days after award COR

52.211.12 LIQUIDATED DAMAGES - CONSTRUCTION (SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of One Hundred and Fifty Brunei Dollars for each calendar day of delay until the work is completed or accepted.

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

(End of clause)

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SECTION G - CONTRACT ADMINISTRATION DATA

G.1 652.242-70 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 LE Facility Manager.

G.1.1 Duties

The COR is responsible for inspection and acceptance of services. These duties include review of Contractor invoices, including the supporting documentation required by the contract. The COR may provide technical advice, substantive guidance, inspections, invoice approval, and other purposes as deemed necessary under the contract.

G.2 PAYMENT

The Contractor shall submit invoices in an original to the office identified in Block 18b of the SF-1449. To constitute a proper invoice, the invoice shall include all the items required by FAR 32.905(e).

Embassy of the United States of America Simpang 336-52-16-9, Jalan Duta

Bandar Seri Begawan BC4115 Attn: FMC/FMO

Email: USEmbassyInvoices@state.gov

G.2.1 General

The Contractor shall follow Section I, 52.232-5, "Payments Under Fixed-Price Construction Contracts.” The following subsections elaborate upon the information contained in that clause

G.2.2 Detail of Payment Requests/Invoices The Contractor shall request payment no more frequently than monthly and shall cover the value of labor and materials completed and in place, including a prorated portion of overhead and profit.

mailto:USEmbassyInvoices@state.gov

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G.2.3 Payments to Subcontractors The Contractor shall make timely payment to his subcontractors and suppliers from the proceeds of the progress or final payment for which request is being made, following the Contractor's contractual arrangements with them.

G.2.4 Evaluation by the Contracting Officer Following receipt of the Contractor's request for payment, and on the basis of an inspection of the work, the Contracting Officer will make a determination as to the amount that is then due. If the Contracting Officer does not approve payment of the full amount applied for, less the retainage addressed in FAR 52.232-5, the Contracting Officer shall advise the Contractor of the reasons for the reduction.

G.2.5 Additional Withholding Independently of monies under FAR 52.232-5, the Government may withhold from payments due the Contractor any amounts as may be considered necessary to cover –

(1) Wages or other amounts due the Contractor's employees on this project;

(2) Wages or other amounts due employees of subcontractors on this project;

(3) Amounts due suppliers of materials or equipment for this project; and

(4) Any other amounts for which the Contractor may be held liable under this contract, including but not limited to the actual or prospective costs of correction of defective work and prospective liquidated damage when the Contractor has failed to make adequate progress.

G.2.6. Payment The 14-day period identified in FAR 52.232-27(a)(1)(i)(A) is changed to 30 days.

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 INSURANCE

H.1.1 Amount of Insurance

The Contractor is required to provide whatever insurance is legally necessary under Section I, 52.228-5, "Insurance - Work on a Government Installation.” The Contractor shall, at its own expense, provide and maintain during the entire performance period the following insurance amounts:

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 (stated in Brunei . dollars):

Per occurrence: $2,000,000.00

2. Property Damage on or off the site (stated in Brunei dollars):

Per occurrence: $2,000,000.00

The 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.

The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to:

(a) any property of the Contractor,

(b) its officers,

(c) agents,

(d) servants,

(e) employees, or

(f) 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, except in the instance of gross negligence on the part of the Government.

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.

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H.1.2 Government as Additional Insured

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.

H.1.3 Insurance-Related Disputes

Failure to agree to any adjustment contemplated under this contract regarding insurance shall be a dispute within the meaning of FAR 52.233-1, Alternate I, "Disputes". Nothing in this clause shall excuse the Contractor from proceeding with the work, including the repair and/or replacement as herein above provided.

H.1.4 Time for Submission of Evidence of Insurance

The Contractor shall provide evidence of the insurance required under this contract within ten (10) calendar days after contract award. Failure to timely submit this evidence, in a form acceptable to the Contracting Officer, may result in rescinding or termination of the contract by the Government.

H.2 DEFINITIONS

In addition to the definitions provided in Section I, FAR 52.202-1 and DOSAR 652.202- 70, the following definitions shall apply:

(a) Day means a calendar day unless otherwise specifically indicated.

(b) Host Country means the country in which the project is located.

(c) Material means all materials, fixtures and other articles incorporated in, or which are intended to remain with, the project.

(d) Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the work will be judged.

(e) Separate Contractor means a contractor, other than the Contractor or any of its subcontractors, to whom the Government has awarded a contract for construction or work on the site of a portion of the project.

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H.3 GOVERNING LAW

The contract and its interpretation shall be governed by the laws of the United States.

H.4 LANGUAGE PROFICIENCY

The project manager assigned by the Contractor to superintend the work on-site, as required by Section I, 52.236-6, "Superintendence by the Contractor", shall be fluent in written and spoken English. A full-time superintendent shall be assigned to the site to coordinate with both site workers and embassy escort personnel.

H.5 LAWS AND REGULATIONS

H.5.1 Compliance Required

The Contractor shall, without additional expense to the Government, be responsible for complying with all host country laws, codes, ordinances, and regulations applicable to the performance of the work, 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 directed by the Contracting Officer, the contractor shall comply with the more stringent of:

(a) the requirements of such laws, regulations and orders; or

(b) the contract.

If a conflict among the contract and such laws, regulations and orders, the Contractor shall promptly advise the Contracting Officer of the conflict and recommend a proposed course of action for resolution by the Contracting Officer.

H.5.2 Labor, Health and Safety Laws and Customs

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.

H.5.3 Subcontractors

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.

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H.5.4 Evidence of Compliance

The Contractor shall submit proper documentation and evidence satisfactory to the Contracting Officer of compliance with this clause.

H.6 RESPONSIBILITY OF CONTRACTOR

H.6.1 Damage to Persons or Property

The Contractor shall be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence and shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others.

H.6.2 Responsibility for Work Performed

The Contractor shall be responsible for all materials delivered and work performed until final completion and acceptance of the entire work, except for any completed unit of work which may have been accepted in writing under the contract.

H.7 CONSTRUCTION OPERATIONS

H.7.1 Operations and Storage Areas

(a) Confinement to Authorized Areas. The Contractor shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the Contracting Officer.

(b) Vehicular Access. The Contractor shall, and in accordance with any regulations prescribed by the Contracting Officer, use only established site entrances and roadways.

H.7.2 Use of Premises

(a) Occupied Premises. If the premises are occupied, the Contractor, its subcontractors, and their employees shall comply with the regulations promulgated by the Government governing access to, operation of, and conduct while in or on the premises and shall perform the work required under this contract in such a manner as not to unreasonably interrupt or interfere with the conduct of Government business.

(b) Requests from occupants. Any request received by the Contractor from occupants of existing buildings to change the sequence of work shall be referred to the Contracting Officer for determination.

(c) Access limited. The Contractor, its subcontractors and their employees shall not have access to or be admitted into any building or portion of the site outside the areas designated in this contract except with the permission of the Contracting Officer.

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H.8 SAFETY

Accident Prevention

(a) General. The Contractor shall provide and maintain work environments and procedures that will:

(1) safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;

(2) avoid interruptions of Government operations and delays in project completion dates; and

(3) control costs in the performance of this contract. For these purposes, the Contractor shall:

(i) Provide appropriate safety barricades, signs and signal lights;

(ii) Comply with the standards issued by any local government authority having jurisdiction over occupational health and safety issues; and

(iii) Take any additional measures the Contracting Officer determines to be reasonably necessary for this purpose.

(b) Records. The Contractor shall maintain an accurate record of exposure data on all accidents incident to work performed under this contract resulting in:

(1) death,

(2) traumatic injury,

(3) occupational disease, or

(4) damage to or theft or loss of property, materials, supplies, or equipment.

The Contractor shall report this data as directed by the Contracting Officer.

(c) Subcontracts. The Contractor shall be responsible for its subcontractors' compliance with this clause.

(d) Written Program. Before starting the work, the Contractor shall:

(1) Submit a written proposal for implementing this clause; and

(2) Meet with the Contracting Officer to discuss and develop a mutual understanding of the overall safety program.

(e) The Contracting Officer shall notify the Contractor of any non-compliance with these requirements and the corrective actions required. The Contractor shall immediately take corrective action after receiving the notice. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order suspending all or part of the work

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H.9 SUBCONTRACTORS AND SUPPLIERS

H.9.1 Claims and Encumbrances

The Contractor shall satisfy as due all lawful claims of any persons or entities employed by the Contractor, including subcontractors, material men and laborers, for all labor performed and materials furnished under this contract, including the applicable warranty or correction period, unless the Government shall be directly liable therefore by contract. The Contractor shall not at any time permit any lien, attachment, or other encumbrance to be entered against or to remain on the building(s), or the premises, whether public or private, or any portion thereof, as a result of nonperformance of any part of this contract.

H.9.2 Approval of Subcontractors

(a) Review and approval. The Government reserves the right to review proposed subcontractors for a period of five (5) calendar days before providing notice of consent or rejection of any or all subcontractors.

(b) Rejection of subcontractors. The Government reserves the right to reject any or all subcontractors proposed if their participation in the project, as determined by the Contracting Officer, may cause damage to the national security interests of the United States. The Contractor agrees to promptly replace any subcontractor rejected by the Government under this clause.

H.10 CONSTRUCTION PERSONNEL

H.10.1 Removal of Personnel

The Contractor shall:

(a) Maintain discipline at the site and at all times;

(b) Take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by or amongst those employed at the site; and

(c) Take all reasonable precautions for the preservation of peace and protection of persons and property in the neighborhood of the project against unlawful, riotous, or disorderly conduct.

The Contracting Officer may require, in writing, that the Contractor remove from the work any employee that the Contracting Officer determines:

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(b) careless,

(c) insubordinate or

(d) otherwise objectionable, or

(e) whose continued employment on the project is deemed by the Contracting Officer to be contrary to the Government's interests.

H.10.2 Notice to the Government of Labor Disputes

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.

H.10.3 Construction Personnel Security

After award of the contract, 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 10-14 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 rejections 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. These passes must be displayed visibly by all Contractor personnel working on site. The Contractor shall inform its employees to be used under this contract that they may be subject to search by the Government when entering or leaving work. The Contractor shall return all passes upon conclusion of the contract.

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H.11 MATERIALS AND EQUIPMENT

H.11.1 Selection and Approval of Materials

(a) Standard of quality. All materials and equipment incorporated into the work shall be new and for the purpose intended, unless otherwise specified, and all workmanship shall be of good quality and performed in a skillful manner as determined by the Contracting Officer.

(b) Selection by Contractor. Where the contract permits the Contractor to select products, materials, or equipment to be incorporated into the work, or where specific approval is otherwise required by the contract, the Contractor shall give the Contracting Officer, for approval:

(1) the names of the manufacturer;

(2) model number;

(3) source of procurement of each such product, material or equipment; and

(4) other pertinent information concerning the:

(i) nature,

(ii) appearance,

(iii) dimensions,

(iv) performance,

(v) capacity, and

(vi) rating;

unless otherwise required by the Contracting Officer.

The Contractor shall provide this information in a timely manner to permit the Government to evaluate the information against the requirements of the contract. The Contractor shall provide a submittal register ten (10) days after contract award showing when shop drawings, samples, or submittals shall be made. The Contractor shall submit samples for approval at the Contractor's expense, with all shipping charges prepaid, when directed to do so by the Contracting Officer or COR. Installation or use of any products, materials or equipment without the required approval shall be at the risk of rejection.

H.11.2 Custody of Materials

The Contractor shall be responsible for the custody of all materials received for incorporation into the project, including Government furnished materials, upon delivery to the Contractor or to any person for whom it is responsible, including subcontractors. The Contractor shall deliver all such items to the site as soon as practicable. If required by the Contracting Officer, the Contractor shall clearly mark in a manner directed by the Contracting Officer all items of which the Contractor has custody but which have not been delivered or secured at the site, clearly indicating the use of such items for this U.S. Government project.

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H.11.3 Basis of Contract Price

The contract price is based on the use of the materials, products and equipment specified in the contract, except for substitutions or "Or-Equal" items proposed by the Contractor which have been specifically approved by the Government at the time of execution of the contract.

Any substitution approved by the Government after execution of the contract shall be subject to an appropriate adjustment of the contract price.

H.11.4 Substitutions

(a) Prior approval required. Before substitutions

(1) proposed by the Contractor but not yet approved at the contract award, or

(2) proposed by the Contractor after execution of the contract may be used in the project, the Contractor must obtain approval in writing from the Contracting Officer. Any substitution request shall be timely and accompanied by sufficient information to permit the Government to evaluate its acceptability. The date shall provide reasons for the proposed substitution and data concerning the design, appearance, performance, composition, and relative cost of the proposed substitute. If the Contracting Officer determines the substitute items is not in the best interests of the Government, the Contractor shall obtain the items originally specified with no adjustment in the contract price or completion date.

(b) 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 Contracting Officer. Such substitution requests must be made in a timely manner and supported by the required information.

(c) Final Approval on Delivery. Acceptance or approval of proposed substitutions under the contract is 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.

H.11.5 "Or-Equal Clause"

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 Contracting Officer 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.

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H.11.6 Use and Testing of Samples

(a) Use. Approved samples not destroyed in testing will be sent to the Contracting Officer. Those samples that are in good condition will be marked for identification and may be used in the work. Materials and equipment incorporated in the work shall match the approved samples within any specified tolerances. Other samples not destroyed in testing or not approved will be returned to the Contractor at its expense if so requested.

(b) Failure of Samples. Failure of any material to pass the specified tests will be sufficient cause for refusal to consider, under this contract, any further samples of the same brand or make of that material or equipment which previously has proved unsatisfactory in service.

(c) Taking and testing of samples. Samples of various materials or equipment delivered on the site or in place may be taken by the Contracting Officer for additional testing by the Government outside of those required by the contract documents. Samples failing to meet contract requirements will automatically void previous approvals of the items tested. The Contractor shall replace such materials or equipment found not to have met contract requirements, unless the Contracting Officer determines it to be in the Government's interest to accept the non conforming materials or equipment with an appropriate adjustment of the contract price as determined by the Contracting Officer.

(d) Cost of additional testing by the Government. Unless otherwise specified, when additional tests are made, only one test of each sample proposed for use will be made at the expense of the Government. Samples that do not meet contract required will be rejected. Further testing of additional samples, if required, will be made at the expense of the Contractor.

H.12 SPECIAL WARRANTIES

H.12.1 Special Warranty Obligations

Any special warranties that may be required under the contract shall be subject to the stipulations set forth in Section I, 52.246-21, "Warranty of Construction", insofar as they do not conflict with the provisions of such special warranties.

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H.12.2 Warranty Information

The Contractor shall obtain and furnish to the Government all information which is required in order to make any subcontractor's, manufacturer's, or supplier's guarantee or warranty legally binding and effective, and 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 requirements specified in the guarantee or warranty, but not later than completion and acceptance of all work under this contract.

H.13 EQUITABLE ADJUSTMENTS

H.13.1 Basis for Equitable Adjustments

If an act occurs, that causes a change within the meaning of paragraph (a) of the "Changes" clause, the Contractor shall give 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.

H.13.2 Differing Site Condition Notice

The Contractor shall provide written notice of a differing site condition within 10 calendar days of occurrence in accordance with additional information provided in FAR 52.236- 4, Differing Site Condition.

H.13.3 Documentation of Proposals for Equitable Adjustments

(a) Itemization of proposals and requests. Any request for equitable adjustment in the contract price, including any change proposal submitted in accordance with the "Changes" clause, shall be submitted in the form of a lump sum proposal supported with an itemized breakdown of all increases and decreases in the contract price in at least the detail required by the Contracting Officer, and shall include all costs and delays related to or arising out of the change or event giving rise to the proposed adjustment, including any delay damages and additional overhead costs.

(b) Proposed time adjustments. The Contractor shall submit with any request for an equitable adjustment or change proposal a proposed time extension (if applicable), and shall include sufficient information to demonstrate whether and to what extent the change will delay the contract in its entirety.

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(c) Release by Contractor. The price and time adjustment made in any contract modification issued as a result of a change proposal or request for an equitable adjustment shall be…