REVISED_SOW_PHOTOVOLTAIC.docx

Contract For The Upgrade of the Photovoltaic Systems of United States Embassy Abuja, Nigeria

SECTION A – CONTRACT FORMS

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NO. PR8552819

PR 4996257

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NO.RFP 8552819

6. SOLICITATION ISSUE DATE: 03-30-2016

03-17-2016

7. FOR SOLICITATION

INFORMATION CALL

+234-9-461-4000

8. OFFER DUE DATE/LOCAL TIME

09/18/2019/1000hrs

9. ISSUED BY CODE

General Services Office American Embassy Abuja Plot 1075 Diplomatic Drive CBD Abuja Nigeria

|X| UNRESTRICTED

|_| SET ASIDE: % FOR

|_| SMALL BUSINESS

DESTINATION UNLESS BLOCK IS MARKED

|_| SEE SCHEDULE

SIC:

SIZE STD:

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY EFT A

CODE

NigeriaFMCInvoices@State.gov Abujaprocurement@State.gov

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Technical Services for the Upgrade of the Photovoltaic System in the American Embassy Compound Abuja Nigeria (Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

|X| 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA |_| ARE |_| ARE NOT ATTACHED.

|X| 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA |_| ARE |_| ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _____ COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REFERENCE ___________________ OFFER DATED _________________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)Edward Waters

31c. DATE SIGNED

34. VOUCHER NUMBER

35. AMOUNT VERIFIED CORRECT FOR

38. S/R ACCOUNT NO.

39. S/R VOUCHER NO.

40. PAID BY

42a. RECEIVED BY (Print)

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

AUTHORIZED FOR LOCAL REPRODUCTION SEE REVERSE FOR OMB CONTROL STANDARD FORM 1449 (10-95)

TABLE OF CONTENTS

INTRODUCTION/SCOPE

SERVICES

The Contractor shall perform all design, engineering and construction services for Photovoltaic (PV) Inverter & Communications Upgrades at the Embassy of the United States in Abuja, Nigeria. This is a requirement for the full design and construction of complete functional systems. All work shall be performed in accordance with the Statement of Work set forth in SECTION C - and SECTION J - , specifications, and drawings provided. The contractor shall perform the services in accordance with the terms and conditions of this solicitation, and in strict conformance with the contract clauses and any special conditions contained herein.

TYPE OF CONTRACT

This is a firm fixed-price contract payable entirely in the currency indicated by the Contractor in Sub-Section B.3. No additional sums will be payable 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 on account of fluctuations in currency exchange rates. Changes in the contract price or time to complete will be made only due to changes made by the Government in the work to be performed, or delays caused by the Government (see Sub-Section F.7 EXCUSABLE DELAYS) as determined and approved by the Contracting Officer.

CONTRACT PRICE

The Contractor shall complete all work, including furnishing all labor, material, equipment and services, unless otherwise specified herein, required under this contract for the firm fixed-price(s) indicated below and within the time specified herein. This price shall include all labor, materials including insurance required by FAR 52.228-4, Workers’ Compensation and War-Hazard Insurance, profit) and if applicable, B.5 VALUE ADDED TAX (VAT) and B.6 DEFENSE BASE ACT (DBA) INSURANCE. Any costs not priced will be considered to be included in the overhead and other indirect costs.

The offeror shall insert the prices, and the currency in which the offer is made, below:

Design Phase and Construction Phase Requirements Design Phase: Prices stated shall include any and all costs for the reproduction, distribution, and mailing of design submittals (See Section F.7 - DELIVERABLES / DELIVERY SCHEDULE).

Construction Phase: Prices stated shall include any and all costs for labor, materials, equipment, services, insurance (other than DBA insurance), bonds or irrevocable letters of guaranty (if required), overhead, other indirect costs, and profit.

LINE ITEMS

development and approval:

Total Firm Fixed Price: Design Phase & Construction Phase, DBA, and VAT (CLIN’s 0001-0007)

Specify the currency in which the offer is made: __________________________________

VALUE ADDED TAX (VAT)

The contractor shall be responsible paying to the appropriate authority, the applicable rate of Value Added tax. Offerors shall identify Value Added Tax (VAT) as a separate line item in Section B.4. The VAT shall also be reflected as a separate cost item on all invoices submitted under the resulting contract. The Contractor will be reimbursed for VAT only to the extent contractor provides documentary proof that VAT has been paid to the host government and only to the extent quoted above. See G.5 VALUE ADDED TAX (VAT) TAX-RELIEF PROCEDURES for required Value Added Tax (VAT) Tax Relief Procedures. Any refund of VAT to the contractor shall be paid over to the Government to the extent the Government reimbursed the contractor for the VAT payment.

DEFENSE BASE ACT (DBA) INSURANCE

DBA insurance is required for all United States citizens or residents and individuals hired in the United States, regardless of citizenship. This insurance may be obtained from any authorized DBA insurance broker, see I.12, FAR 52.228-3 – WORKER’S COMPENSATION INSURANCE (DEFENSE BASE ACT)(JUL 2014)

New DBA insurances policies can be purchased directly from any Department of Labor (DOL) approved insurance carrier. A list of DOL approved carriers may be found at http://www.dol.gov/owcp/dlhwc/lscarrier.html. All Department of State Acquisition Regulation (DOSAR) clauses requiring DBA purchase from a designated provider are suspended to allow contractors to purchase insurance from any DOL approved insurance carrier.

The Contractor will be reimbursed for DBA only to the extent the contractor provides documentary proof that DBA has been paid and only to the extent quoted in CLIN 0006 above.

COST OF MATERIALS / EQUIPMENT

The cost of any materials or equipment required in conjunction with the services rendered herein shall be included in the proposed firm fixed-price.

DEFINITIONS

In this contract, the terms Contractor, Design-Build Contractor, Architect, Architect/Engineer (A/E) or General Contractor are used interchangeably unless the context indicates otherwise. Each term shall mean the Contractor identified in Item 14 on page 1b of the Standard Form 1442 of the resulting contract.

ABBREVIATIONS

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

INTRODUCTION/SCOPE

PROJECT TITLE

Photovoltaic (PV) Inverter & Communications Upgrades for the Embassy of the United States - Abuja, Nigeria

PROJECT BACKGROUND & DESCRIPTION

The existing PV systems at the Embassy of the United States in Abuja, Nigeria were installed in two phases.

Phase 1 is approximately 101kW and was built in 2007 as a follow-on project to the New Embassy construction using approximately eight (8) Solectra PVI 13kW inverters.

Phase 2 is approximately 285kW and was built in 2013 as part of the New Embassy Annex construction using approximately nineteen (19) SMA Sunny Tripower 150000TL inverters.

This project is for the assessment of all existing PV systems, the removal and replacement of all Phase 1 inverters, and the establishment of complete remote communications and monitoring of all on-site photovoltaic systems and weather station.

SITE DESCRIPTION

The Work will be conducted at the Embassy of the United States in Abuja, Nigeria: Plot 175, Diplomatic Drive, Central District.

MAJOR PROJECT ELEMENTS INCLUDED IN THIS CONTRACT

0. Existing Conditions Report: Contractor shall prepare an existing conditions report for all on-site PV systems. This report shall include:

0. Contractor assessments of the condition of all existing PV equipment and O&M recommendations for equipment repairs or replacements. If upon review of the report the COR determines that additional work beyond this scope is required, an additional request for proposals (RFP) may be issued.

0. Contractor shall provide a report and electronic file (xls, csv, etc.) capturing the lifetime kWh AC production of all on-site PV systems in one month time steps, for each inverter.

Phase 1 Inverter Removal & Replacement: Remove approximately eight (8) Solectra PVI 13kW Inverters installed during phase 1 per C.1.2.1.1.

Replace removed inverters with new string-type inverters, updating cabling and BOS as necessary for a complete and functional system. New inverters must be SMA brand in order for communications to be compatible with existing SMA equipment installed in Phase 2 per C.1.2.1.2 and new data logger per C.1.4.3.1.

Communications Upgrades:

Existing SMA Sunny Webbox to be removed and replaced with new SMA Data Manager M. SMA Sunny Webbox must be returned to COR.

All new inverters, all existing inverters, and existing weather station must connect to the new SMA Data Manager M.

Connection of existing inverters and/or weather station may require additional communications equipment or retrofits for compatibility between old RS485 communications and new SpeedWire communications, such as SMA Com Gateways, or communication card upgrades to existing SMA Sunny Tripower 150000TL inverters.

Contractor must provide internet via DIN or GSM modem to new SMA Data Manager M and setup transmission to SMA Sunny Portal powered by ennexOS.

If Contractor elects to use a GSM modem, the contractor must provide all equipment and connections. The Embassy will provide a SIM card and pay for monthly data service.

If Contractor elects to use a DIN line, the contractor will be responsible for pulling cable and making connections as directed by Embassy IT staff.

Contractor must transfer all PV production history data gathered per C.1.4.1.2 to SMA’s Sunny Portal powered by ennexOS.

Finished system must have all old and new inverters and weather stations transmitting to SMA’s Sunny Portal powered by ennexOS.

PROJECT WORK SPECIFICS

The design must include full sets of stamped and sealed drawings (by registered professional Engineers and/or Architects), calculations (stamped by licensed Engineer), PV power production simulations, and specifications, following 2019 OBO Design Standards. (See Attachment J.2.1).

OBO REQUIRES THE CONTRACTOR TO COMPLETE THE FOLLOWING:

Design and Construction Requirements for C.1.4 MAJOR PROJECT ELEMENTS INCLUDED IN THIS CONTRACT Contractor must provide all equipment, labor, and materials necessary to complete the installation and activation of operational photovoltaic systems connected to and integrated with the existing electrical and diesel generation systems. The contractor must provide any exterior mounted balance of system components including modules, cable management, combiner boxes, fuse blocks and fuses, conduit, cabling, inverters, and AC combiner panel-boards found to be deficient in the original installations. This equipment must be designed and installed to minimize the visual impact. The contractor must also ensure the system’s ease of operation and maintenance. Inverters must be capable of integrating to the existing utility system as well as coordinate with the generator operation of the housing units. Inverters must be string type. Power line filters must be provided and coordinated with the switching frequency of the inverters. The contractor must measure all ground currents prior to PV installation and provide documentation of observed ground currents to the COR. Upon completed installation, the contractor must measure all ground currents to ensure proper functionality of the grounding system.

Contractor must provide for and make the final connection to the switchboard/panel-board. It must be the responsibility of the contractor to determine a viable path for the power feeder and DAS wiring from the PV system. If using underground routing, provide underground conduit and cabling with hand-holes and pull boxes. The installation of these underground ducts may require selective removal and replacement of existing concrete, walkways, curbs, asphalt roadways, and penetration of existing concrete walls. The contractor must limit the cutting of existing paved areas to 90 degree crossings. Contractor must patch, re-stripe, and reconstruct curb and gutter in affected paved areas to match existing adjacent conditions.

Contractor must restore landscaping and irrigation system impacted by construction activities, to meet or exceed pre-construction conditions.

Contractor must provide a design in accordance with the 2019 OBO Design Standards, and Code Supplements (See J.2.1) and meet all the requirements of section C.5 of this Statement of Work.

CONTRACTOR RESPONSIBILITIES

Contractor must coordinate with the Regional Security Officer (RSO), Management Officer (MO) and/or Contract Officer Representative (COR) prior to commencement of work to determine security procedures and protocols for visits during design and construction operations and in accordance to Division 1. The contractor must also follow all provisions identified in the Security Classifications Guidelines for handling and marking of documents and materials.

Design Personnel Qualifications:

Registered Professionals Electrical Engineering Provide the following specialist expertise with a minimum of five years of documented experience in the area of expertise:

Photovoltaic (PV) system design All field conditions must be verified by the contractor at the contractor’s risk.

Meetings The Contractor must document and submit a record of all conferences and meetings with representatives of the Post related to the Project. Copies must be submitted to COR both in electronic form and in hard copy within 7 calendar days of the meeting.

SITE VISIT / DESIGN SURVEY

Contractor must under no circumstances incur any travel or other costs, or begin travel to the site or work at site until a cable granting country clearance is received.

During the design survey, the successful contractor must survey the areas where construction will take place and become thoroughly familiarized with the existing conditions and other factors that will affect construction. Contractor must ascertain all local permit requirements, licensing requirements, and the quality and availability of materials, sub-contractors, and equipment that may be needed to execute the contract; highlight any variances with information provided (for verification) in the contract; and propose any required action(s).

Contractor to inspect and evaluate all available surveys, drawings, and reports pertaining to the project or the existing conditions to familiarize themselves fully with the project.

CONSTRUCTION DOCUMENTS

The following phases will occur for construction document submissions Existing Conditions Report 90% Design/Construction Documents 100% Design/Construction Documents OBO Permit Design/Construction Documents All submittals to OBO must be reviewed by the Contractor for conformance to specified requirements prior to submittal. The Contractor must take particular care to ensure that all design documents are coordinated between all disciplines and consistent. OBO authored comments on each submittal must be resolved prior to making the next submittal. Deficiencies, ambiguities, conflicts, and inconsistencies must be rectified prior to the submittal of documents. Any phase of the work found to be unsatisfactory, in the opinion of the COR, must be revised and resubmitted at the Contractor’s expense prior to proceeding to the next phase of the work.

Contractor must submit all drawings to the COR for approval prior to releasing drawings to local permitting and/or licensing agencies for any permits.

Drawings to be released for local permitting and/or licensing agencies must be labeled using generic terminology (e.g. office, restroom, mechanical space).

Contractor must abide by the 2019 OBO Design Standards for generic drawing requirements and formats.

Construction Documents submitted to the Government must include:

Drawings Provide plans, details, and/or cross-sections of the proposed work, as necessary to explain/illustrate the project. Details must indicate the differences between existing and proposed conditions.

Electrical Electrical Floor Plans @ 1:100 (minimum) showing existing electrical equipment locations, and locations of electrical equipment to be removed, new work.

Single line diagram showing conductor sizes and estimated lengths, conduit or raceway type and sizes, equipment ratings and sizes, overcorrect protection ratings for all feeders (new and existing) Panel schedules, all existing and new circuits with breaker sizes and estimated loads.

Schedules Grounding and bonding details Catalog Cuts Specifications Specifications must delineate all equipment, materials, finishes and installation methods to be used. The specifications must be submitted in the MasterSpec format. Standard specifications maintained by OBO are provided in J.2 and must be used and followed for the materials where specifications are provided. The contractor must delete the non-applicable specifications within the design standards. The specifications may be edited; however the edits must be tracked and submitted for the 90% Design/Construction Documents submission. The 100% Design/Construction Documents submission and OBO Permit Design/Construction Documents submissions may be documents without tracked changes; however no additional changes may be made after acceptance of 90% Design/Construction Documents submission without written approval from the COR.

Catalog Cutsheets Identify all materials and products to be used. The specific manufacturer and model number used as the basis of design must be listed for each item. Include maintenance and warranty information.

Design Calculations Electrical Short circuit analysis and fault current analysis of selected equipment coordinated with existing electrical system (infinite utility).

Load flow calculations identifying all loads in each installation’s building, and schedule for those loads.

PV system production simulation reports. Reports must include all actual losses including wiring, near shading, and far shading (horizon) using PVSYST or other software capable of accurately incorporating these losses.

OBO Standard Specifications Divisions serve as templates for preparation of the project’s construction specifications. The contractor must develop additional specifications using MasterSpec to supplement the OBO standard specifications. The specification sections provided with the RFP are an inclusive set of OBO specifications. All specifications must be tailored and formatted for the project. All specifications must be coordinated for content and references.

The contractor must design the project in accordance with the standards and guidelines outlined below:

Photovoltaic specifications (Specification Section 263105) (J.3) 2015 International Building Code (IBC) amended by the 2019 OBO Code Supplements (J.2.1.1) 2018 International Existing Building Code (IEBC)

2018 NFPA 780

2014 NFPA National Electrical Code (NEC) Any code issues arising from the review of codes and standards will be brought to the attention of COR immediately.

CONSTRUCTION SERVICES

The Contractor must cover the cost of escort for non-cleared workers, if used, subject to the approval of the RSO.

All materials and equipment incorporated into the project must be new or government owned. The Contractor must transport and safeguard all materials and equipment required for construction.

The Contractor must at all times keep the work area free from accumulation of waste materials. Upon completing construction, the Contractor must remove all temporary facilities and leave the project site in a clean and orderly condition acceptable to Post. Any repair of damage caused as a result of this project will be the responsibility of the Contractor.

The contractor must ensure that all facilities receiving this work must be left in a condition acceptable to OBO and the US Embassy upon completion.

Planned Service Interruptions: The contractor must additionally notify the GSO and COR in writing three (3) calendar days prior to any planned electrical outages in lieu of the two week prior notification. Notification must include the loads within the facility to be affected by the outage and the hours and dates of interruptions. The contractor must schedule work to maintain flexibility since interruptions may not be granted on the date(s) requested. Electrical shutdowns and operation of electrical breakers and switches must be accomplished only by qualified personnel and upon advance approval of the GSO and COR. Where fire protection, detection, or evacuation alarms are affected, advance written approval of the GSO and COR must be obtained. Proper lock out/tag out procedures should be followed to maximize safety; the contractor must supply lock out/tag out materials. Power is to be maintained to all existing operational/connected loads during the construction period of the project.

PACKAGING AND MARKING

DUTY-FREE CLEARANCE

In accordance with the procedure described in Section H.16.1 Shipment and Customs Clearance, all shipping containers or otherwise, shall be labeled as follows:

Embassy of the United States Photovoltaic (PV) Inverter & Communications Upgrades Plot 1075 Diplomatic Drive Central District Abuja, Nigeria Tel.: 234-9-461-4000 Fax: 234-9-461-4305

DOSAR 652.229-70 EXCISE TAX EXEMPTION STATEMENT FOR CONTRACTORS WITHIN THE UNITED STATES (JUL 1988) This is to certify that the item(s) covered by this contract is/are for export solely for the use of the U.S. Foreign Service Post identified in the contract schedule.

The Contractor shall use a photocopy of this contract as evidence of intent to export. Final proof of exportation may be obtained from the agent handling the shipment. Such proof shall be accepted in lieu of payment of excise tax.

PACKAGING REQUIREMENTS FOR MAIL AND COURIER SHIPMENT OF DOCUMENTS AND DRAWINGS

Separate packaging of electronic media and hardcopy material The prime Contractor and any associated subcontractors will package all drawings and electronic media (Sensitive But Unclassified (SBU) and unclassified) in separate mailing packages, specifically, electronic media will be transported in electronic media packages that contain no other drawings or hard copies of any kind, beyond that of transfer/receipt documentation. Hardcopy (paper) drawing and documents will be packaged separately.

Double wrapping and addressing of packages For all shipping methods, the prime contractor and any associated subcontractors will ensure that all project documentation, SBU and unclassified, is double wrapped with both layers addressed properly and labeled with the sender’s address. No indication that the contents are SBU should appear on the outer wrapper. Document tracking receipts should be packaged inside the inner wrapping with the materials the receipt describes.

Packaging heavy materials in appropriate containers In applying the above double wrapping and addressing procedures, items sent via US mail or commercial carrier weighing more than one (1) pound shall have the inner package enclosed within an appropriately sized double-walled box or, for rolled drawings, a manufactured mailing tube. The cardboard box or mailing tube counts as the second layer of wrap.

SAFEGUARDING AND RELEASE OF SENSITIVE BUT UNCLASSIFIED INFORMATION

The Contractor and its employees shall exercise utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract which has not been made public, except to the extent necessary to perform their required duties in the performance of the contract requirements or as provided by written authorization of the Contracting Officer. All documents and records (including photographs) generated during the performance of work under this contract shall be for sole use of and shall become the exclusive property of the U.S. Government. No article, book, pamphlet, recording, broadcast, speech, television appearance, film or photograph concerning any aspect of the work performed under this contract shall be published or disseminated through any media, to include company or personal websites, without the prior written authorization of the Contracting Officer. These obligations do not cease upon the expiration or termination of this contract or at any other point in time. The Contract shall include the substance of this provision in all subcontracts hereunder.

The Contractor shall notify the Contracting Officer if any legal dispute arises between the Contractor and any subcontractor or vendor pertaining to performance on this contract which could potentially result in disclosure of any information related to design, construction or maintenance of a diplomatic facility overseas. Legal disputes include legal actions submitted to civil, criminal, local or federal courts, as well as disputes submitted to arbitration or mediation. This responsibility to notify the Contracting Officer shall not cease upon the expiration or termination of this contract. The Contractor hereby agrees to be responsible for all costs associated with the release, whether authorized or unauthorized, of "Classified" or "Sensitive but Unclassified" information for which the Contractor or a subcontractor at any level is responsible, including releases associated with legal disputes, and agrees to fully indemnify the government for any expense that the government incurs as a result of the release or use of "Classified" or "Sensitive but Unclassified" information including all costs associated with steps taken by the government to mitigate exposure in anticipation of the use of "Classified" or "Sensitive but Unclassified" information in legal disputes and/or costs which result from mitigation of the release of "Classified" or "Sensitive but Unclassified" information. This indemnity agreement made herein by the Contractor includes all disputes with, between, and among the Contractor and any party and the Contractor's sub-contractors, to the lowest tier and any party. This agreement by the Contractor to fully indemnify the government shall not cease upon the expiration or termination of this contract. The Contractor shall include the substance of this provision in all subcontracts.

INSPECTION AND ACCEPTANCE

FAR 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) Definition: "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not -

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes re-inspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or non-conforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

SUBSTANTIAL COMPLETION

Definitions

(a) "Substantial Completion" means the stage in the progress of the work as determined and certified by the COR in writing to the Contractor, on which the work or a portion thereof designated by the Government is sufficiently complete and satisfactory, in accordance with the requirements of the contract documents, that it may be occupied or utilized for the purpose for which it is intended, and only minor items such as touch-up, adjustments, and minor replacements or installations remain to be completed or corrected which

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

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

(b) The "date of substantial completion" means the date determined by the COR as of which substantial completion of the work has been achieved.

Request for Substantial Completion Inspection The Contractor shall give the COR at least 15 days advance written notice of the date the work will be substantially completed and ready for inspection and tests. The inspection and tests will be started not later than the date specified in the aforesaid notice unless the COR determines that the work is not ready for inspection and so informs the Contractor.

Use and Possession upon Substantial Completion The Government shall have the right to take possession of and use the work upon substantial completion thereof. Upon notice by the Contractor that the work is substantially complete and verification thereof on the basis of an inspection by the COR and any required tests, the COR shall furnish the Contractor a Certificate of Substantial Completion, accompanied by the Schedule of Defects enumerating items of work remaining to be performed, completed or corrected before final completion and acceptance. However, failure of the COR to list any item of work shall not relieve the Contractor of responsibility for complying with the terms of the contract. The Government's possession or use upon substantial completion shall not be deemed an acceptance of any work under the contract.

FINAL COMPLETION AND ACCEPTANCE

Definitions

(a) "Final completion and acceptance" means the stage in the progress of the work as determined by the COR and confirmed in writing to the Contractor, on which all work required under the contract has been completed in a satisfactory manner in accordance with the requirements thereof, subject to the discovery of defects after final completion, and except for items specifically excluded in the notice of final acceptance.

Request for Final Inspection and Tests The Contractor shall give the COR at least 15 days advance written notice of the date the work will be fully completed and ready for final inspection and tests. Final inspection and tests will be started not later than the date specified in the aforesaid notice unless the COR determines that the work is not ready for final inspection and so informs the Contractor.

Final Acceptance Upon (a) satisfactory completion of all required tests, (b) verification by the COR on the basis of a final inspection that all items listed in the Schedule of Defects have been completed or corrected and that the work is finally complete, subject to the discovery of defects after final completion, and (c) submittal by the Contractor of all documents including contractor close-out documents, and other items required upon completion of the work, including a final request for payment, and the COR is satisfied that the work under the contract is complete and the contract has been fully performed, with the exception of continuing obligations there under, the COR shall issue to the Contractor a notice of final acceptance and make final payment as required by the contract.

USE OF EQUIPMENT BY THE GOVERNMENT

Right to use: The Government may take over and operate, with Government employees, such equipment as is necessary for heating or cooling of such Government-operated facilities as require the service for operational reasons, as soon as the installation is sufficiently complete to permit operation.

Notice: The COR will advise the Contractor in writing, prior to the use of the equipment, which items of equipment will be operated, and the date and time such operation shall begin.

Effect on warranties: Government operation of equipment will not relieve the Contractor of any warranty or correction obligations elsewhere provided for in this contract. The applicable correction period, elsewhere provided for in this contract, for each piece of equipment shall be in accordance with the applicable provisions of this contract.

QUALITY CONTROL AND QUALITY ASSURANCE

Design Quality Control and Design Quality Assurance Introduction: A principal factor of performance on a project is the Contractor’s control of the quality of design services. The Contractor shall establish and maintain a project-specific Quality Management Program (QMP) which defines and implements a quality system. The quality system is a documented organizational process which describes responsibilities, procedures, and resources for providing quality control and quality assurance on a project. Effectiveness of the QMP is achieved through adequate planning, forceful direction, and checking in the sense of measurement and evaluation. The QMP applies to the control of quality throughout all areas of contract performance.

Quality Management Program: The Contractor’s QMP shall be COR-approved to provide employees, consultants, and/or joint-venture partners with established, uniform procedures for production of project data and documents throughout the design process. Principal functions of the QMP are the following:

Quality Control (QC): Operational techniques and activities that are used to fulfill requirements for design quality.

Quality Assurance (QA): Documentation of planned and systematic actions required to provide confidence that design services provided are based on project requirements and satisfy stated requirements for quality.

Audits After award of the Contract: the Government may perform audits of the Contractor’s QMP to periodically assess conformance with the QMP in accordance with the provisions of Section E of the contract. Disapproval of the program, or major portions, may be cause for a delay in progress of the project’s development or, in some cases, withholding acceptance of the Contractor’s performed services. The Government may examine the Contractor’s existing quality system prior to award of this contract as part of a pre-contract assessment, in order to determine the ability of the Contractor to satisfy the quality requirements of this contract.

Agreement on Quality Assurance: The Contractor shall develop a clear understanding with all his consultants on quality assurance matters for which the consultants are responsible, and the quality assurance program of the consultants shall be integrated with that of the Contractor of record.

QMP Submittal Requirements: The QMP shall be structured and developed to include the following minimum requirements:

Preliminary Quality Management Program: Offerors shall provide a Preliminary Quality Management Program and a detailed organizational chart as part of their proposal. The preliminary QMP shall be as detailed as possible. The preliminary QMP constitutes one of the evaluation factors specified in Section L. The preliminary QMP will serve as basis for the successful offeror’s updated QMP to be submitted for COR approval after contract award.

The Contractor shall define and submit a QMP organizational structure within the period noted in F.1 including charts and a description of responsibilities of key persons who will perform the services. Persons responsible for interface with the Government, including the Security Manager and QMP Manager, must be identified. A separate list should also include all team members, including consultants with telephone and email addresses. Note: Two submissions are required:

First, after DNTP as noted in F.1 Second, with 100% Design/Construction Documents Quality Policy. The Contractor shall have a stated corporate quality policy. This policy shall be consistent with the Contractor’s quality policy in the QMP. Necessary measures shall be taken by the Contractor to ensure that the corporate quality policy is understood, implemented, and maintained by all employees of the Contractor and the Contractor’s subcontractors.

Study and Design Input. Assurance must be provided that all study and design input such as basis of design, criteria, and standards will be properly identified and documented in such a way that their selection may be reviewed by the Government.

Building Standards. Design and construction must comply with the building codes and standards and applicable design criteria. Inconsistencies among codes and standards shall be brought to the Contracting Officer’s Representative’s attention in writing. The COR will resolve any inconsistencies.

Other Procedures. Other procedures shall address design management, procurement design activities, construction management, quality records, and audits.

Security and Communications Interface. The Contractor’s QMP shall provide for integration of security and communications requirements into the project.

Checking, Coordinating, and Integrating Drawings. Quality control procedures shall be established to ensure individual drawings and other documentation have been checked and that all documentation, including that of the supporting disciplines (e.g., civil, structural, mechanical, electrical) have been coordinated and integrated. Deficiencies, ambiguities, conflicts, and inconsistencies shall be corrected prior to document submittal. Similar procedures shall be established to ensure that work in place complies with all design and code requirements without the need for the USG to identify defects and initiate corrective action. A half-sized copy of the drawings showing redline markups of coordination notes at the DD and CD phases as well as the CD backcheck shall be submitted as part of the final QMP Report per E.5.1.5.11i Document Control. The QMP shall ensure that documents, including subsequent changes, will be reviewed for adequacy, approved for release by authorized personnel, and properly conveyed to the Government. Persons responsible for reviewing, approving, and releasing new and revised documents shall be identified.

Verification. As part of each design submittal, draft interim, and final documentation phase, the Contractor shall designate a QMP Manager (QMPM). The QMPM shall be responsible for final review and verification and certification of the documents before they are transmitted to the OBO Project Manager. Cursory supervisory review will not satisfy the intent of this requirement. The QMPM shall certify that the documents have been reviewed and verified for design completeness, and represent a fully coordinated set ready for submittal to the COR. The QMPM shall maintain the actual set of mark-ups of the review documents for onboard verification, if desired, by the COR.

Corrective Action. The QMP shall clearly…