Gardening at USG buildings. Solicitation.pdf

TABLE OF CONTENTS

SECTION 1 – THE SECHEDULE

• SF-1442 Cover sheet

• Prices, Block 23

• Schedule of Supplies/Services, Block 20 Description/Specifications/Work Statement

• Attachment 1 to Description/Specifications/Performance Work Statement, Government

Furnished Property

SECTION 2 – CONTRACT CLAUSES

• Contract Clauses

• Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in Part 12

SECTION 3 – SOLICITATION PROVISIONS

• Solicitation Provisions

• Addendum to Solicitation Provisions - FAR and DOSAR Provisions not Prescribed in Part

SECTION 4 – EVALUATION FACTORS

• Evaluation Factors

• Addendum to Evaluation Factors - FAR and DOSAR Provisions not Prescribed in Part 12

SECTION 5 – REPRESENTATIONS AND CERTIFICATIONS

• Offeror Representations and Certifications

• Addendum to Offeror Representations and Certifications - FAR and DOSAR Provisions not

Prescribed in Part 12

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SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1442

RFQ NUMBER 19WA8025Q0006

PRICES, BLOCK 23

1. SCOPE OF CONTRACT

The Contractor shall perform gardening services, including furnishing all labor, material, equipment and services, for the U.S. Embassy, Windhoek, Namibia. The Contractor shall furnish services under task orders issued by the Contracting Officer.

The performance period of this contract is from the start date in the Notice to Proceed and continuing for 12 months, with four, one-year options to renew. The initial period of performance includes any transition period authorized under the contract.

2. TYPE OF CONTRACT

This contract is an indefinite-delivery indefinite-quantity contract with firm-fixed prices. Task orders will be priced and payable entirely in the currency indicated in the SF1442. 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 will make payments based on quantities and unit prices only to the extent specifically provided in the contract. The estimated quantities listed in B.1 above are estimates only and the Government does not guarantee that such quantities will be ordered.

JAMES ZADROGA 9/11 VICTIMS HEALTH AND COMPENSATION ACT OF

2010 NOTICE: UNLESS A WAIVER OR EXCEPTION APPLIES, PAYMENTS

SUBSEQUENT TO THIS PROCUREMENT ARE SUBJECT TO AN EXCISE

TAX OF 2% PERSUANT TO 26 U.S.C. 5000C.

JAMES ZADROGA 9/11 VICTIMS HEALTH AND COMPENSATION ACT OF 2010

NOTICE: UNLESS A WAIVER OR EXCEPTION APPLIES, PAYMENTS

SUBSEQUENT TO THIS PROCUREMENT ARE SUBJECT TO AN EXCISE TAX OF

2% PERSUANT TO 26 U.S.C. 5000C.

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3. CONTRACT PRICING

3.1 General. The Contractor shall complete all work, including furnishing all labor, material, equipment and services, required under this contract, for gardening 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.

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

3.2 (a) VALUE ADDED TAX

Value Added Tax (VAT) is not included in the CLIN rates. Instead, it will be priced as a separate Line Item in the contract and on Invoices. Local law dictates the portion of the contract price that is subject to VAT; this percentage is multiplied only against that portion. It is reflected for each performance period. The portions of the solicitation subject to 15% VAT are:

3.3 PRICING – BASE PERIOD: The Contractor shall provide the services shown below for the base period of the contract, starting on the date stated in the Notice to Proceed and continuing for a period of 12 months. The fixed unit prices, estimated quantities, and ceiling for each category are:

Contract Line Item

Number

Description of Service Unit Unit

Price

Estimated

Quantity

Estimated

Total2

BASE YEAR:

Gardening services at All

USG residences and office buildings.

001 Gardening services, as specified in the following Statement of

Work.

Sqm1

Total Estimated Amount:

1Sqm = square meter 2This estimated amount is based on total estimated Government requirements for this period of performance. If more than one award is made, the estimated amount of work awarded under task order(s) to any single Contractor will be less than the amount shown.

ALL USG RESIDENCES AND OFFICE BUILDINGS

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3.4 MINIMUM AND MAXIMUM AMOUNTS

During the Base Year of the contract, and during the option year that might be exercised, the

United States Government (USG) shall place orders totaling a minimum of 8 premises for gardening services. This reflects the contract minimum guarantee for each period of performance. The amount of all orders, for base and all option years shall not exceed

USD 100,000.00. This reflects the contract maximum.”

3.4.1 Contract Minimum

During the contract period, the Government shall place orders for a minimum of USD20,000.00.

This is the contract minimum for this period of performance.

3.4.2 Contract Maximum

During the contract period, the amount of all orders shall not exceed USD 100,000.00.

This is the contract maximum for this period of performance.

3.5 PRICING – FIRST OPTION YEAR

The Contractor shall provide the services shown below for First Option Year, starting one year after the date stated in the Notice to Proceed and continuing for a period of 12 months. The fixed unit prices, estimated quantities, and ceiling for each category are:

Description of Service Unit Unit

Price

Estimated

Quantity

Estimated

Total2

FIRST OPTION YEAR:

Gardening services at All

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3.6 MINIMUM AND MAXIMUM AMOUNTS

gardening services. This reflects the contract minimum guarantee for each period of

3.6.1 Contract Minimum

3.6.2 Contract Maximum

3.7 PRICING – SECOND OPTION YEAR

The Contractor shall provide the services shown below for Second Option Year, starting two years after the date stated in the Notice to Proceed and continuing for a period of 12 months.

The fixed unit prices, estimated quantities, and ceiling for each category are:

Description of Service Unit Unit

Price

Estimated

Quantity

Estimated

Total2

SECOND OPTION

YEAR:

Gardening services at All

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3.7 MINIMUM AND MAXIMUM AMOUNTS

gardening services. This reflects the contract minimum guarantee for each period of

3.7.1 Contract Minimum

3.7.2 Contract Maximum

3.8 PRICING – THIRD OPTION YEAR

The Contractor shall provide the services shown below for Third Option Year, starting three

Description of Service Unit Unit

Price

Estimated

Quantity

Estimated

Total2

THIRD OPTION YEAR:

Gardening services at All

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3.9 MINIMUM AND MAXIMUM AMOUNTS

gardening services. This reflects the contract minimum guarantee for each period of

3.9.1 Contract Minimum

3.9.2 Contract Maximum

3.10 PRICING – FOURTH OPTION YEAR

The Contractor shall provide the services shown below for Fourth Option Year, starting four

Description of Service Unit Unit

Price

Estimated

Quantity

Estimated

Total2

FIRST OPTION YEAR:

Gardening services at All

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3.11 MINIMUM AND MAXIMUM AMOUNTS

gardening services. This reflects the contract minimum guarantee for each period of

3.11.1 Contract Minimum

3.11.2 Contract Maximum

B.12 GRAND TOTAL ESTIMATED CONTRACT AMOUNT

The quoter shall complete this blank as part of the quote.

The Grand Total Estimated Contract Amount for the base and all optional periods of performance is ______________.

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CONTINUATION TO SF-1442

RFQ NUMBER 19WA8025Q0006

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

1. PERFORMANCE WORK STATEMENT

The purpose of this contract is to obtain gardening services for USG residences and office buildings in Windhoek, Namibia. The Contractor shall perform gardening and landscaping services in all designated spaces and 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.

1.2. GENERAL REQUIREMENTS

Maintenance and appearance of the grass, shrubbery, garden areas, trees, and related landscape elements of the U.S. Post and properties are an important part of the representational responsibilities of the U.S. mission. The Government will measure the Contractor’s work by the appearance of the landscape covered by this contract. The Contractor shall perform complete gardening maintenance services as described in this contract for all Government properties listed herein.The Contractor shall include all planning, administration, and management necessary to assure that all services comply with the contract, the COR's schedules and instructions, and all applicable laws and regulations. The Contractor shall meet all of the standards of performance identified in the contract. The Contractor shall perform all related support functions such as supply, subcontracting, quality control, financial oversight, and maintenance of complete records and files.

1.3. MANAGEMENT AND SUPERVISION

1.3.1. SUPERVISION

The Contractor shall designate a representative who shall be responsible for on-site supervision of the Contractor's workforce at all times. This supervisor shall be the focal point for the

Contractor and shall be the point of contact with U.S. Government personnel. The supervisor shall have sufficient English language skill to be able to communicate with members of the U.S.

Government staff. The supervisor shall have supervision as his or her sole function.

1.3.2. SCHEDULES

The Contractor shall maintain work schedules. The schedules shall take into consideration the hours that the staff can effectively perform their services without placing a burden on the security personnel of the Post. The Contractor shall deliver standard services between the hours of 07h30AM and 16h45PM on Mondays through Thursday and 7h30AM to 12h00PM on Fridays

For those items other than routine daily services, the Contractor shall provide the COR with a detailed plan as to the personnel to be used and the time frame to perform the service.

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1.3.3. QUALITY CONTROL

The Contractor shall be responsible for quality control. The Contractor shall perform inspection visits to the work site on a regular basis. The Contractor shall coordinate these visits with the

COR. These visits shall be surprise inspections to those working on the contract.

1.3.4 TECHNICAL GUIDANCE

The Contractor shall have the services of a trained horticulturist with experience in the climate and soil conditions found locally to give technical guidance to the Contractor's work force and to develop and guide the Contractor's programs for grass and tree care.

1.3.5. GROUNDS MAINTENANCE PLAN

The Contractor shall submit an annual Grounds Maintenance Plan that reflects the proposed frequency for meeting the requirements of this contract. The Grounds Maintenance Plan will be developed to fit the requirements of local conditions, types of vegetation, and climate factors.

The Contractor shall submit the Grounds Maintenance Plan to the COR for approval within 15 calendar days after contract award.

1.4 GRASS CARE

1.4.1. GRASS CUTTING

The Contractor shall maintain the height of grass that is within 2 meters of the exercise areas, walkways and playground between 15 and 20 centimeters. The Contractor is responsible for all equipment and fuels needed to complete this task.

1.4.2 EDGING

The Contractor shall edge all sidewalks, driveways, and curbs each time the adjacent grass is cut.

1.4.3. TRIMMING

The Contractor shall trim grass around trees, shrubs, cultivated areas, sprinkler heads, valves, fences, buildings, poles, and structures, so that grass height does not exceed the height of the adjacent grass.

1.4.4. WEEDING

The Contractor shall weed the grounds and gardens on a continuous basis to prevent the growth of weeds into rocks, walkways, sidewalks, driveways, grass and landscapes. The Contractor may use weed-killing chemicals to prevent the growth of weeds to eliminate grass and weeds in the

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1.4.5. GRASS REPAIR AND RE-ESTABLISHMENT

The Contractor shall, whenever necessary, repair areas damaged by vehicular traffic, oil and gas, building repairs, and normal foot traffic. The damaged area shall be filled in and leveled and then seeded and maintained to conform to adjacent areas.

1.4.6. The method, frequencies, and dates of grass cutting, hedging, trimming, weeding, and replacement shall be part of the contractor's Grounds Maintenance Plan.

1.5. PRUNING

1.5.1 The Contractor shall maintain trees, shrubs, hedges, bushes, vines, ground cover and flowers.

1.5.2. The Contractor shall prepare a written schedule, as part of the Grounds Maintenance

Plan, showing the method, frequencies, and dates of pruning.

1.5.3. The Contractor shall prune all shrubs, vines, bushes, ground cover, and trees to:

direct and encourage plant growth in directions desired, remove dead and unsightly growth, and maintain a neat and attractive appearance.

The Contractor shall prune according to the schedule in the Grounds Maintenance Plan to ensure that all heavy pruning is accomplished during the proper season according to best horticultural practice. The Contractor shall prune all hedges and shaped shrubs to maintain proper shape at all times.

1.5.4. At no additional cost to the Government, the Contractor shall replace any tree, bush or shrub that is killed or rendered unusable for its intended purpose through negligent or irresponsible practices that are attributable to the Contractor.

1.6. LEAF REMOVAL

The Contractor shall, as required, remove leaves from the properties listed in Exhibit A.

1.7. RECYCLED MATERIALS

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The Contractor shall promote recycled uses for lawn and tree debris in meeting other gardening needs, such as mulch and compost.

1.8. REMOVAL OF DEBRIS

The Contractor shall remove foreign material, cuttings, grass, leaves, bark, limbs, dead vegetation, paper, and trash from the maintained areas including walkways, driveways, parking garage, parking areas, basketball court, stairways and curbs within or adjacent to the area. The

Contractor shall remove all debris and equipment from the work site before the end of each workday. Debris removal shall prevent unsightly accumulation. The Contractor shall promptly remove collected debris to an authorized disposal site. The Contractor is responsible for all expenses incurred in the collection and disposal of debris.

1.9. WATERING

1.9.1. The Contractor shall water grass, flowers, shrubs, plants, and trees to provide for moisture penetration to a depth of 7 centimeters. If natural precipitation is sufficient to fulfill this requirement, the Contractor may request the COR's permission to suspend watering to avoid too much water in the soil.

1.9.2. The Contractor shall present the method, frequencies, and dates of watering in a written schedule in the Grounds Maintenance Plan. The schedule shall take into account the kinds of vegetation, local soil conditions, and the seasonal variations in plant moisture requirements.

1.9.3. The Contractor shall provide all hoses, portable sprinklers, and other similar irrigation equipment.

1.9.4. The Government shall furnish the supply of water.

1.10. FERTILIZER

1.10.1. The Contractor shall fertilize and lime the soil to promote proper health, growth, color, and appearance of cultivated vegetation, following proper horticultural practice for the types of vegetation, soil, weather conditions, and seasons of the year.

1.10.2. The Contractor shall present the method of application, fertilizer type, frequencies, and dates of fertilizing and liming in the Grounds Maintenance Plan.

1.10.4. The Contractor shall apply weed killer once a year. If weed killer is not required, the

Contractor shall request a waiver in writing from the COR.

1.10.5. The Contractor shall fertilize trees, shrubs, bushes, hedges and plants a minimum of once a year.

1.11 PEST AND DISEASE CONTROL

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The Contractor shall maintain a program for controlling pests and plant disease so as to maintain flowers, shrubs, vines, trees and other planted areas in a healthy and vigorous condition. The

Contractor shall obtain approval of the COR for all pesticides.

The Contractor shall present a plan for pest and disease control as a part of its Grounds

Maintenance Plan. The Contractor shall report any pest/disease damage observed on plants.

1.12. HAZARDOUS AND TOXIC SUBSTANCES

It is the Contractor's responsibility to ensure the safe handling, application, removal and environmentally sound disposal of all hazardous or potentially hazardous fertilizers, weed killers, and pest control products utilized in this requirement. It is the Contractor's responsibility to ensure all employees have appropriate PPE for handling hazardous substances.

1.13. LOCATION FOR GARDENING SERVICES

All standard services are to be delivered on regular Post working days.

Location

All USG residences and office building

TBD on provided task orders.

1.14. GROUNDSKEEPING

The Contractor is responsible for ensuring that all loose small rocks are confined to designated rock beds and are not present on walkways or driveways. Loose rocks must be evenly spread to completely cover the underlying surface.

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.

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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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.

Period of performance as follows: Starting date of award and continuing for a period of twelve months.

F.2.2 The Government may extend this contract under FAR 52.217-9, “Option to

Extend the Term of the Contract” and 52.217-8, “Option to Extend Services”.

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F.3 COMPLETION DATES UNDER TASK ORDERS

F.3.1 The Contractor shall have a minimum of 5x days in order to commence work under each task order issued.

Each task order will have a maximum of amount of days to complete services. This period of performance will be determined by the contracting officer’s representative and will be specified when services are needed.

F.3.2 The following are minimum completion times that will be included in individual task orders, dependent upon the type and amount of work to be done:

Painting Interior Walls, up to 1000 square meters – two days

Painting Interior Walls, 1001 to 2000 square meters – four days

Painting Exterior Walls, up to 1000 square meters – two 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.

The Contractor shall give notice to the Contracting Officer promptly, 2 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.

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2. WORKING HOURS

All work shall be performed during 07h30AM to 16h45PM on Mondays through Thursday and

7h30AM to 12h00PM on Fridays, except for the holidays identified in the Addendum in Section

2. Other hours may be approved by the Contracting Officer's Representative. The Contractor must provide at least 24 hour advance notice to the COR who will consider any deviation from the hours identified above.

3. 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.

4.0 DELIVERABLES

The following items shall be delivered under this contract:

DESCRIPTION QUANTITY DELIVERY DATE DELIVER TO:

Insurance 1 10 calendar days after award Contracting Officer

Safety 1 10 calendar days after award COR

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List of Personnel 1 10 calendar days after award COR

Identification of Subs 1 10 calendar days after award COR

Construction Schedule 1 10 calendar days after award COR

Payment Request 1 Completion of each task order COR

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 Realty Supervisor.

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

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.

G.2.3 Payments to Subcontractors

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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.

G.3 TASK ORDERS

G.3.1 General. The Government will order all services under this contract on a Delivery/Task Order Form OF 347 (Attachment 1), issued by the

Contracting Officer, as the need arises.

G.3.2 Content. Task orders shall include:

Date of order

Contract number

Task Order number

Location of property

Amount of work (square meters or linear meters)

Required completion date

G.3.3 Procedures

G.3.3.1 Before issuing a task order, the Government may issue a written request for quotation that includes the work to be performed and the required completion date.

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The Contractor shall respond to that request for quotation in writing within three working days to the following address:

U.S. Embassy, Windhoek

38 Metje Street

Klein Windhoek

Windhoek

Namibia

Alternatively, the Government may simply issue a firm-fixed price task order, if it has the measurements of the work to be performed.

G.3.3.2 If requested to submit a firm-fixed price quotation for a task order, the

Contractor shall compute a price for the required work by multiplying the unit prices in

Section B by the amount of work required.

G.4 SELECTION OF AWARDEE FOR INDIVIDUAL TASK ORDERS

(a) If more than one Contractor receives an award for these services, the following procedures shall govern the issuance of individual task orders. The Contractor shall perform no work without a task order issued by the Contracting Officer.

(b) As the need for services arises, the Government will develop a price estimate.

If the estimate does not exceed US$3000, the Government will follow the procedures in paragraph (c) below. If the estimate exceeds US$3000, the Government will follow the procedures in paragraph (d) below.

(c) Orders not exceeding US$10,000.00 - The Government will select a Contractor for the task order. This decision will be based on the Government's best interests, which may include factors such as estimated price; past performance record; need to meet contractual minimums; or desire to avoid exceeding task order limitations set forth in Section I, FAR

52.216-19, "Order Limitations".

(d) Orders exceeding US$10,000.00

(1) Unless one of the exceptions in paragraph (e) below applies, the Government will make its award selection based on the prices in the contract and past performance information gained as a result of Contractor performance under this contract.

(2) Selection of Contractors shall not be protestable to GAO under Subpart 33.1 of the Federal Acquisition Regulation, except on the grounds that the order increases the scope, period, or maximum value of the contract. The Department of State has an Acquisition

Ombudsman who will review complaints by Contractors to ensure that all Contractors are afforded a fair opportunity to be considered for these task orders under the terms of this contract.

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(e) Exceptions to the procedures in paragraph (d) above:

(1) The order should be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order; or

(2) It is necessary to place an order to satisfy a minimum guarantee.

G.5 VALUE ADDED TAX

VALUE ADDED TAX (VAT). The Contractor shall include VAT as a separate charge on the

Invoice and as a separate line item in Section B.

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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 U.S. dollars):

Per occurrence: $ 10,000

Cumulative: $ 100,000

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

Per occurrence: $ 10,000

Cumulative: $ 10,000

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) Task Order means a written notice to the Contractor from the Contracting Officer authorizing the Contractor to incur obligations and proceed with the work under individual orders as of a date stated in the order.

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

(f) Separate Contractor means a contractor, other than the Contractor or any of its subcontractors, to whom the Government has awarded a contact 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.

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

26 | P a g e 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 until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule for any suspension of work issued under this clause.

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.

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

(a) incompetent,

(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 30 days to perform. For each individual the list shall include:

Full Name

Place and Date of Birth

Current Address

Identification number

Failure to provide any of the above information may be considered grounds for 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.

H.11.3 Basis of Contract Price

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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…