RFP (Final)_Cap-Haitien_Port_Civil-Works-Rehabilitation (Nov 19 2021) Signed.pdf

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Solicitation Issue Date: November 19, 2021 Questions Due Date: December 3, 2021 Virtual Site Visit: December 13, 2021 Proposal Submission Date: January 7, 2022

Subject: Request for Proposal (RFP) # SOL-72052121R00020

Port Cap-Haïtien Rehabilitation Project, including Existing Facility Demolition, Container Yard Construction, Ancillary Utility Works, Building Erection (Pre- Engineered), Building Installation (Pre-Manufactured), New Building Construction, New Power Station Construction, and Existing Building Renovation

Dear Offerors:

The United States Government, represented by the U.S. Agency for International Development (USAID) Mission in Port-au-Prince, Haiti, requests proposals from interested offerors in providing and performing construction services to rehabilitate and modernize the Cap-Haitien Port (CHP) in Cap Haitien, Haiti.

Subject to the availability of funding, USAID anticipates awarding one (1) Firm Fixed Price contract as a result of this solicitation to one organization or firm eligible to receive an award. This procurement will be conducted through full and open competition and follow procedures set forth in Federal Acquisition Regulation (FAR) Part 6, 15 and Part 36. The magnitude of the contract is estimated at more than $10,000,000. The geographic code for this procurement is 935.

This RFP and any amendments to this solicitation will be issued and posted on the https://beta.sam.gov website. Further, it is the Offeror’s responsibility to check the website periodically for official updates and amendments to the solicitation. It is also the responsibility of the recipient of this solicitation document to ensure that it has been received from the internet in its entirety and USAID bears no responsibility for data errors resulting from transmission or conversion processes.

Offerors are encouraged to read the entire solicitation, which includes all pertinent contract requirements, and the conditions and instructions required for submitting a proposal. Pursuant to Block 13 of Standard Form 1442 of this RFP, USAID requires that offers stay valid for 120 days from the closing date of this

RFP.

Proposals in response to this RFP are due by electronic mail to usaidhaitioaa@usaid.gov with a copy to Eleanore Xavier at exavier@usaid.gov. Only electronic submissions will be accepted. Offerors are responsible for ensuring proposals are received by USAID by the due date and time as specified at the top of this cover letter. Failure to comply with the submission date and time will deem any submission unacceptable and it will not be reviewed or evaluated.

Sections B through I of the solicitation will become the substantive part of the anticipated contract with blanks to be completed by the Contracting Officer upon award. Proposals must be signed by an official authorized to bind the Offeror’s organization.

Please pay careful attention to, and complete in full, RFP section K–Representations, Certifications, and Statements of Offerors.

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Please refer to Section L of the RFP for information regarding proposal requirements. Section L of the RFP sets forth all instructions for the preparation and submission of required proposal contents. Section M states the criteria by which proposals will be evaluated. Oral explanations or instructions given before award of the contract will not be binding.

Any questions related to this solicitation must be submitted electronically by the date and time stated above, and as further described in Section L of this solicitation. Answers to questions will be posted as an amendment to the solicitation. Requests for oral explanations or instructions will not be given, and any information provided orally shall not be binding.

An optional Virtual Site Tour will be held via webinar on the date above (see instructions for participation in Section L). All offerors are highly encouraged to attend. Offerors may also request access to the port site in Cap Haitien for on-site reconnaissance with 5-days notice to USAID at usaidhaitioaa@usaid.gov.

Approval is subject to the Port Authority in Cap Haitien (APN).

This RFP in no way obligates USAID to award a contract nor does it commit USAID to pay any cost incurred in the preparation and submission of a proposal. Award of a contract under this RFP is subject to availability of funds and other internal USAID approvals.

Note that Sections B through J of this solicitation will become the basis for the contract. Amendments to this solicitation will be posted on https://beta.sam.gov; it is the offeror’s responsibility to check this site periodically for any official updates and amendments to the solicitation, including answers to questions received during the Question/Answer period.

Issuance of this solicitation and the submission of a proposal does not constitute an award commitment on the part of the U.S. Government, nor does it commit the USAID to make an award or to pay for costs incurred by firms or associations relative to the collection of preliminary information, participation in technical discussions, preparation and submission of the technical proposals or any subsequent negotiations.

Furthermore, the USAID reserves the right to reject any proposal if such action is in the best interest of the

USG.

Sincerely yours, Edel Perez-Campos Contracting Officer

Edel Perez-Campos Digitally signed by Edel Perez- Campos Date: 2021.11.19 18:46:16 -05'00'

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TABLE OF CONTENTS:

SECTION A - STANDARD FORM 1442 [NOTE: REPLACE WITH PDF VERSION

ONCE WORD DOC IS MADE PDF]

SECTION B - SUPPLIES OR SERVICES/PRICES

SECTION C - DESCRIPTION/SPECIFICATIONS

SECTION D - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION I - CONTRACT CLAUSES

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF BIDDERS

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

SECTION M - EVALUATION FACTORS FOR AWARD

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SECTION A - STANDARD FORM 1442 [note: replace with PDF version once word doc is made

PDF]

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SECTION B - SUPPLIES OR SERVICES/PRICES

B.1 SERVICES

The contractor shall furnish all labor, equipment, and materials except for materials as provided by the US Government. See Section J for full specifications and designs. Contractor is responsible for all parts, equipment, tools, supervision, services, transportation, waste disposal, facilities, and other required items necessary to complete the construction works in accordance with Section C of the solicitation. The major deliverables from the Technical Specifications and Supplements in Section J are reflected in CLIN Table B1 below.

B.2 CONTRACT TYPE

This is a firm fixed-price contract payable entirely in U.S. dollars (USD). No additional sums will be payable for 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 in achieving the required results. The Government will not adjust the contract price due to fluctuations in currency exchange rates, inflation, or other economic situations affecting Haiti.

B.3 CONTRACT PRICE

The Firm Fixed Price of this contract is (To Be Determined ($TBD), the maximum dollar value awarded to the contractor cannot exceed the Firm Fixed price. The Contractor will not be entitled to additional compensation above the total fixed price, nor above each individual Contract Line-Item Numbers (CLIN) as stated in Section B.4, except for Allowances as noted below in Table B-1, or unless authorized in writing by the Contracting Officer (CO).

USAID hereby obligates the amount as described above for the performance and completion of the required services as described in Section C, the Technical Specifications, Attachment J, and in accordance with the terms and conditions of this contract.

B.4 CONTRACT LINE ITEM NUMBERS (CLINS)

For the satisfactory completion and acceptance of all work and services, including the required reports/deliverable described herein, USAID will pay the contractor a fixed amount as specified in Table B.1 below. The Contractor Pricing Table is detailed in Attachment J.24.

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Table B-1: Total Fixed Price CLIN [To Be Inserted at the Time of Award as Agreed From Offeror Proposed Pricing Table, Attachment J.24]:

CLIN Description Quantity Unit of

Measure Unit Price Total Price

1.0 Administrative Requirements 1 LS $______ $______

2.0 Container Yard Demolition and Site

Wide Civil Improvements

1 LS $______ $______

3.0 Site Wide Utilities and Civil Works 1 LS $______ $______

4.0 Latrine Building 1 LS $______ $______

5.0 APN Pre-Engineered Office Building 1 LS $______ $______

6.0 Captain Office Renovation 1 LS $______ $______

7.0 Prefabricated Guard Shacks 1 LS $______ $______

8.0 Customs Building (Modular) 1 LS $______ $______

9.0 Back Up Power Plant 1 LS $______ $______

10.0 Complete and Implement EMMP 1 LS $______ $______

11.0 CMC Workspace and Equipment 1 LS $______ $______

TOTAL FIXED PRICE $TBD

ALLOWANCES (TO BE ADDED

VIA MODIFICATION IF / WHEN

NEEDED)

Unit costs

2.3a Removal and disposal of hazardous material

1 m3 $______ Do not use

2.3b Over-excavation, including backfill and compaction

1 m3 $______ Do not use

Contract Line Item Number (CLIN)

The specific contract line items described below describe each major contract item, as shown in CLIN table above. CLIN 1 is described below. CLINS 2 through 11 are described in detail in Section C, Description / Specifications.

B.5 CLIN # 1 – ADMINISTRATIVE REQUIREMENTS

The Administrative Requirements costs are for the activities and enabling costs listed below for CLIN #1. They must cover these cost types for the duration of the project’s Period of Performance, which starts from Notice to Proceed (NTP) and runs through the construction period and ends at the completion of the Warranty period. This list is based on USAID’s presumption of typical Administrative Requirements. CLIN 1.5 may be recommended by the offeror to include other general time-based costs not captured in CLINs 1.1 to 1.4. All other project costs for labor, material, equipment, and associated markup and profit, must be proposed under the remaining CLINS.

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CLIN # 1 consists of the following:

CLIN# Description Price

1.0 – Administrative Requirements

1.1 – Mobilization $TBD

1.2 – Demobilization $TBD

1.3 – DBA Insurance $TBD

1.4 – General Requirements $TBD

1.5 – Contractor Recommended Items $(TBD)

The Contractor may request a single lump sum payment for Mobilization, not to exceed CLIN 1.1, after issuance of the Notice to Proceed. The Contractor may be entitled to request a single lump sum payment for Demobilization, not to exceed CLIN 1.2 value, upon successful completion of the requirements as described in Section C of the RFP.

The Contractor must utilize a daily billing rate for CLIN 1.3, 1.4 and 1.5 with each Application for Payment (AOP) for the duration of the contract. Contractor costs for preparing and submitting initial and periodic reports as described in Section F.4 should be recouped through General Requirements.

The daily rate must be determined by dividing the totals of CLINs 1.3, 1.4 and 1.5 by the proposed construction duration (NTP through Final Acceptance) in calendar days. Unless proposed differently by the Contractor, USAID’s estimate for the contract duration, per Section L.12 is 605 days. Each AOP must include this daily rate multiplied by the applicable number of calendar days within each billing period. In the event of an approved time extension (non-compensable), a new daily rate must be determined by dividing the original value of CLIN 1.3, 1.4 and 1.5 by the total remaining contract period with the total additional time approved. In the event of an over billing, the Contractor must reduce the amount billed for CLINS 1.3, 1.4 and 1.5 until the balance has been repaid in its entirety.

In the event that the COR determines a delay to be the fault of the Contractor, the number of applicable calendar days of delay must not be billed in the AOP for the respective billing period(s).

The daily billing rate shall be determined per the following:

𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶 1.3 + 𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶1.4 + 𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶 1.5

𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃 𝐶𝐶𝑃𝑃𝐶𝐶𝑃𝑃𝐶𝐶𝑃𝑃𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝑃𝑃𝐶𝐶 𝐷𝐷𝐶𝐶𝑃𝑃𝐷𝐷𝐶𝐶𝐶𝐶𝑃𝑃𝐶𝐶

B.6 CONSTRUCTION SERVICES – CLINS 2 THROUGH 11

Construction Price is defined as the sum of the amounts that the Contractor actually and necessarily incurs constructing and providing the works as defined in CLINS 2 – 11 in strict compliance with the Construction Documents (100% for Bid Designs). The Contractor’s construction price is the maximum amount payable to the Contractor for any cost or profit expectation incurred in the performance of the contract that is not specifically identified as eligible for reimbursement elsewhere in the contract. Construction Price consists of the agreed price for CLINs 2-11 in Table B.1 above [note – USAID will populate these blocks at award – offeror to propose prices in the J.24 Pricing Table, described further below].

B.7 PAYMENT METHOD

Payment will be made in accordance with Section G, FAR Clauses 52.232-5, Payments under Fixed Price Construction Contracts (MAY 2014), and FAR 52.232-27, Prompt Payment for Construction Contracts (JAN 2017).

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A. Works Completed

The Contractor must use “Percentage Work Complete” by CLIN as the basis for determining monthly construction activity payments for each Application for Payment (AOP). The Contractor will use the approved baseline Schedule of Values (SOV) to indicate quantity of work completed, and describe the methodology used to calculate the percentage of work completed for each value. The Contractor Officer’s Representative (COR) reserves the right to determine the actual final value of work due to the Contractor for each AOP. Under no circumstances will the Contractor submit for payment or be entitled to additional compensation for quantities above the approved SOV and payment above the total fixed price as described above in Section B.3, unless otherwise approved in writing by the Contracting Officer.

B. Allowances

(Unidentified Site Demolition and Cost Reimbursable Unit Rate). For CLIN 2.3, the Contractor must provide the unit cost for allowances for unidentified site demolition and differing or unforeseen site conditions, as specified in Section B.4 of the RFP. These are cost reimbursable unit rates inclusive of overhead and profit for removal and disposal of excess, unidentified or contaminated material encountered during demolition, container yard construction, or building construction, as well as over excavation and backfill due to unforeseen site conditions. These unit rates are not to be included in the proposed firm fixed price and will be used only if and when conditions as described above are discovered, and as directed in writing by the Contracting Officer. Upon direction, the Contractor must immediately remove and properly dispose of the contaminated soil and/or materials in accordance with local regulations and the terms and conditions of this contract. These allowances must be inclusive of all testing, labor, materials, equipment, disposal, transportation, storage and mitigation efforts.

C. Retainage

USAID will withhold ten (10) percent of each approved request for payment until Final Acceptance of the project has occurred, in lieu of a performance bond. The Contractor may annotate the 10% withhold in each AOP, or the withhold will be documented by USAID with each payment, depending on the Contractor’s preference in accordance with their accounting practice. Upon written acceptance by the CO for substantial completion signed by both the A & E and the Contractor, the Contractor will submit an AOP for fifty percent of the retained value, which shall be released to the Contractor upon Final Acceptance. The remaining retainage shall be due to the Contractor via AOP upon successful completion of the warranty period, which is further described in Section C – Statement of Work, and Section E, Inspection and Acceptance.

[END OF SECTION B]

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SECTION C - DESCRIPTION/SPECIFICATIONS

C.1 INTRODUCTION

The United States Agency for International Development intends to procure general contractor services for the Rehabilitation of the Cap Haitien Port.

C.2 BACKGROUND

Haiti has both proximity and preferential access to the United States, and as such, low-cost container shipping has been identified as a source of accelerated economic development by giving Haitian products a relative cost advantage over products from its Caribbean neighbors. However, instead of boosting Haiti’s economic growth, Haiti’s seaports have hindered maritime trade and development for decades. The World Bank’s global Doing Business Report 2020 ranked Haiti 179 out of 190 countries sampled for the Trading across Borders indicator; a significant contributing factor to this low ranking is Haiti’s challenged port sector.

If the status quo is maintained for the port sector in Haiti, it will remain one of the greatest impediments to the country’s economic development. Haitian ports are a physical and logistical barrier to the development of the country. Only through modern and efficient ports, coupled with transparent regulation and streamlined customs, will Haiti become more attractive for investment.

To address these issues, USAID has partnered with the Government of Haiti (GOH) – acting through the Ministry of Planning and External Cooperation, the Ministry of Economy and Finance, and the Ministry of Public Works, Transport and Communications– to collaborate on the rehabilitation of the CHP to operate and maintain the port more efficiently.

To support this undertaking, USAID has already undertaken or will assist with the following through contracts other than this one:

A. Finance the reconstruction and modernization of port facilities.

B. Finance a regulatory strengthening activity to support the National Port Authority (APN) to improve its regulatory, administrative, and operational capacity at the CHP; and, C. Finance a customs support activity to work with the General Administration of Customs to streamline customs services at the CHP.

C.3 SCOPE OF WORK

A. Project Objectives

The objective of this project is to assist economic development in Northern Haiti through modernization and increased operational efficiencies, container yard capacity, and security at the Cap Haitien Port.

B. General Requirements

The scope of this contract includes providing construction services for the rehabilitation of the CHP to accommodate anticipated shipping demands. The Contractor must execute all work in accordance with the design and requirements as stipulated in the Technical Specifications (Attachments J.1 through J.24) and as described in this Scope of Work (SOW) and coordinate the performance of the work with the GOH, APN, the Port Operator, and other stakeholders accordingly. Please note that some of the supporting background in the Section J documents refers to replacement of the quays and maritime works at the Cap Haitien Port. That scope is not a part of this project, and the information is provided for reference only.

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The Contractor must provide all required resources to fully complete the works described under the scope of this contract including but not limited to site surveys, testing, permitting as well as management, labor, materials, water, power, equipment and all other provisions, whether of a temporary or permanent nature. There is a subset of materials that will be provided by USAID, pre-purchased for this project through another contract, described below and in the Pricing Table, J.24.

The Contractor must develop a more detailed phasing plan based on the Construction Phasing Plan (Attachment J.1) and collaborate with representatives from APN, the Port Operator, and remaining tenants during the construction phase to accommodate ongoing port activities and to address stakeholder priorities and concerns. A Construction Management Consultant (CMC), financed by USAID, will act as a third-party monitor for construction quality assurance operations. The CMC is also the A&E for the provided 100% designs. The Contractor must provide full access to the construction site for representatives from USAID, GOH, APN and the CMC to observe and inspect the work in progress. The Contracting Officer’s Representative (COR) will be responsible for representing USAID interests including providing technical guidance as needed, and coordination between the Contractor, the CMC and GOH representatives. Only the CO may approve changes affecting the price, scope and period of performance related to this contract.

The Contractor must secure the works areas and materials, including those provided by USAID, and provide physical barriers (separation) between the construction activities and the port operations, in coordination with the Port Operator.

The Contractor must allow the Port Operator coordinated access to port facilities to maintain a continued level of port operations throughout construction (specifically, the quays, the operating container yard, port entry / exit gates, and to / from routes to connect all).

C. Pre-Construction Requirements

The Contractor must inspect and review all available documentation, studies, surveys, and reports related to the project. The Contractor must acquire all required information related to local regulations and requirements, and existing conditions.

The Contractor must document the existing site conditions and adjacent areas prior to construction activities, and must rehabilitate any facilities, roads or other structures within the Port Site that are affected as a result of the construction.

D. Construction Activities

1. Container Yard Demolition and Site Wide Civil Improvements (CLIN 2)

The Contractor must demolish certain structures in the future container yard area in accordance with Attachment J.1 Construction Phasing Plan and the demolition specific details in the civil specifications and drawings (J.4 and J.5). The demolition work must be performed in close coordination with all major stakeholders. Locations of the structures to be demolished including all “Cemex” and “Gedimex” buildings, the incinerator shade (note:

the incinerator mechanical kit is to be disassembled and stored at the Port at a nearby location TBD by APN), the Tool Shed at the end of the Rice Co building, adjacent small office at the end of the Rice Co building, CMU wall surrounding the future laydown area, guard tower in the future laydown area near the ocean, the molasses tank, the concrete water tank and the truck scale are indicated by red circles on the map in the picture below, also see Section J specifications.. The disposal site for clean demolition debris is directed by the GoH, and is specified in Attachment J.1. and J.4.

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CLIN 2 scope also includes the development of a new and updated container yard and ancillary facilities on approximately 33,000 m2 of land area at the existing Cap Haitien Port, Haiti with paving areas, circulation roads, and concrete pads for various buildings and devices as outlined in the Specifications and Drawings. Refer to the Pricing Table J.24 for the activities to include in CLIN 2. All materials and supplies needed for CLIN 2 are to be procured, supplied and installed by the Contractor.

2. Site Wide Utilities and Civil Works (CLIN 3)

This scope includes power and water storage and distribution, security camera system, and environmentally compliant site drainage. This scope of work includes the following: new power and water distribution to all new and existing facilities, as well as the container yard and fire hydrants; high mast and security lighting, wastewater collection tanks at all points of generation (wet buildings); installation of new above ground water storage tanks with diesel fire pump for use as bulk fire-fighting water storage (current water source is local well, contractor will also install a dry hook up to the planned future water utility access point);

installation of security lighting, installation of operations & security camera network (with connections to the existing Security Building and to the new Captains Office). The Contractor shall complete all requirements according to the drawings and specifications included in the Specifications and Drawings. Refer to the Pricing Table J.24 for the activities to include in CLIN 3. All materials and supplies needed for CLIN 3 are to be procured, supplied and installed by the Contractor, with the exception of 23 Solar Security Light Poles, which will be delivered to the Contractor on-site for installation as Government Furnished Equipment (GFE) by USAID.

3. Latrine Building (CLIN 4)

This scope includes the construction of a Concrete Masonry Unit (CMU) Public Latrine Building, with utility connections and an underground wastewater collection tank.

Contractor shall complete all requirements in accordance with the Specifications and Drawings. Refer to the Pricing Table J.24 for the activities to include in CLIN 4. All

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4. APN Pre-Engineered Office Building (CLIN 5)

APN Administrative Building Pre-Engineered Building. USAID will provide to the Contractor as Government Furnished Equipment (GFE) the entire shell of a Pre-Engineered Building (PEB) to serve as the APN Administrative Building, delivered to CHP and turned over to the Contractor in accordance with the Contractor’s proposed and coordinated construction timeline. The PEB shell will include the building’s steel structure, outer shell, exterior doors and windows, and wall insulation (without finish). The Contractor is responsible for the PEB location site preparation, foundation construction, PEB erection, and complete interior finished area buildout in accordance with the Specifications and Design Drawings. The Contractor is also to procure, supply and install all interior plumbing, electrical, mechanical, communications, fixed furniture (in kitchen), and other finish details as specified. Full details are provided in the Specifications and Drawings. Refer to the Pricing Table J.24 for the activities to include in CLIN 5.

5. Renovate Electrical Room and Building into Office Space (Captain’s Building) (CLIN 6)

The Contractor will repair and renovate the electrical room and building into a two – floor office building where the Port Captain can observe Container Yard operations from the top floor windows. Repairs and renovations are in accordance with the Architectural Specifications and Drawings, J.2 and J.3, plus MEP defined requirements in the remaining J Documents. Refer to the Pricing Table J.24 for the activities to include in CLIN 6. All materials and supplies needed for CLIN 6 are to be procured, supplied and installed by the Contractor.

6. Prefabricated Guard Shacks (CLIN 7)

The Contractor is to install four (4) prefabricated Guard Shacks (provided by USAID as GFE) with the characteristics as noted and locations as indicated in the Architectural Specifications and Drawings, J.2 and J.3, plus MEP defined requirements in the remaining J Documents.

Refer to the Pricing Table J.24 for the activities to include in CLIN 7. All materials and supplies needed for CLIN 7, to include lighting, HVAC, etc. are to be procured, supplied and installed by the Contractor, with the exception of prefabricated buildings themselves, which will be delivered to the Contractor on-site for installation as Government Furnished Equipment (GFE).

7. Modular Customs Building (CLIN 8)

The Contractor is to install a modular prefabricated building (provided by USAID as GFE) to serve as a Customs Building (to replace an existing outdated similar structure which will be removed by APN) in accordance with the general requirements as described in the Architectural Specifications and Design Drawings, J.2 and J.3, plus MEP defined requirements in the remaining J Documents. Installation includes site preparation, foundation pad, and utility hook ups with water day tank (demand filled from existing water well on site). Full details are provided in the Specifications and Drawings. Refer to the Pricing Table J.24 for the activities to include in CLIN 8. All materials and supplies needed for CLIN 8 are to be procured, supplied and installed by the Contractor, with the exception of prefabricated building, which will be delivered to the Contractor on-site for installation as Government Furnished Equipment (GFE).

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8. Back Up Power Plant (CLIN 9)

The Contractor will install a new power transfer station that connects to and draws power from the recently installed utility medium power installed on the Port (currently terminates at pole near proposed switchgear site and is energized but not in use), and additionally installs two back-up generators and fuel tanks and with automatic transfer switch to maintain power during utility outages (note: the locations of the transfer station and backup generators are on opposite sides of the main North-South road through the Container Yard – refer to drawings for details). A new 1 MW generator is provided by USAID as GFE as the primary backup generator, and an additional smaller existing Cap Haitien generator is furnished by APN for spare capacity. All other supporting equipment is to be procured and installed by the Contractor. The existing APN owned power generator on the port is the only current power source (utility power is present but not yet connected) and must remain operational until the new primary backup power generator is connected and operational. See details in the J.1 Demolition and Construction Phasing Plan. Once new power is established, the Contractor will move the existing APN generator to the new 1 MW generator site to augment port electrical power redundancy. Full details are provided in the Specifications and Drawings.

Refer to the Pricing Table J.24 for the activities to include in CLIN 9. All materials and supplies needed for CLIN 9 are to be procured, supplied and installed by the Contractor, with the exception of the two generators, one of which will be delivered to the Contractor on-site for installation as Government Furnished Equipment (GFE), and the other by APN, it is already on-site for relocation once the new power is installed.

9. Complete and Implement EMMP (CLIN 10)

The Contractor will utilize the USAID provided EMMP plan in J.18 and the Environmental Assessment in J.19, together with its own detailed assessments, to develop and implement a site-specific Environmental Mitigation Plan that is a separate deliverable due to the COR in accordance with the Deliverables Schedule in Section F. Refer to the Pricing Table J.24 for the activities to include in CLIN 10.

10. Construction Management Consultant Workspace and Equipment (CLIN 11)

In addition to their own administrative workspace, the Contractor must provide and maintain a worksite trailer workspace for the Construction Management Consultant (CMC) on the port grounds in the vicinity of the Contractor’s work trailers at Port Cap Haitien within 30 days of mobilization. The trailer must have power, lights, air-conditioning, internet, four powered workspaces/desks, a conference table with 6 chairs, two large wall mounted white boards, a single bathroom, a break area counter (with sink), and a lockable door with 10 keys. Doors and windows will have working screens and curtains. The area around the trailer must be well drained and a gravel or raised wooden plank walkway to the nearest Port Road (unless placed on hardstand). Due to the phasing plan USAID understands that the CMC work trailer may need to be relocated several times during the overall project duration. Refer to the Pricing Table J.24 for the activities to include in CLIN 11. All materials and supplies needed for CLIN 11 are to be procured (or leased), supplied, installed, and maintained by the Contractor.

11. Deviations and Alterations to the Designs

Any proposed deviations from the design documents must be approved by the CO prior to construction. The Contractor shall not proceed with its proposed alternative or deviations without the expressed written approval of the CO. Work performed outside of the contract will not be reimbursed. USAID reserves the right to reject such work when not approved by the CO. This does not preclude the possibility of Value Engineering recommendations by

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C.4 JOINT OPERATION & COORDINATION

Several entities will be operating at the port during the performance of this Contract. The Contractor must coordinate with the other entities discussed below during all phases of the project to ensure minimal delay to port operations and on-going work.

A. Steering Committee

The Contractor must participate in a Steering Committee with the Port Operator and the National Port Authority (APN), chaired by the CMC. The Steering Committee’s primary responsibility is to decide all interface issues on behalf of the Parties and to ensure that the Project is developed consistently with the terms outlined in this contract and agreements between USAID and APN.

B. Coordination Plan

The Contractor must provide a Coordination Plan which details plans to carry out construction activities on the Port while minimizing disruption to port operations. This plan must be shared with and agreed upon by the Steering Committee. As part of the Coordination Plan, the Contractor must provide a detailed project timeline and phasing plan at the start of the project, and update it each week with a “three week look-ahead” to assist APN and the Port Operator in synchronizing port operations with the Contractor’s construction requirements, including necessary road closures, power interruptions, etc. Most significant will be the coordination needed for construction phase transition, so that the Operator can move all containers to newly finished container yard areas, freeing the old yard areas for refurbishing by the Contractor, and could be a multi-day activity.

C. Coordination Requirements

Construction and demolition work must be phased to allow APN and the port operator to continue commercial operations during construction including the use of either a mobile harbor crane or ship borne equipment. The Contractor must provide access from the operational quay to the operating section of the Container Yard during Container Yard construction, as well as access to and from these areas to the Port entrance / exit. The Contractor must always allow this access unless specifically coordinated with and approved for limited durations by the Steering Committee in advance.

The Contractor will be limited to designated construction zones of the Port for use in executing the construction in accordance with the Phasing Plan. These zones will be adjusted/moved as required for Port operations. The designated construction zones may also be shared with others during the construction period; however, the Contractor will be assigned a minimum area of 1800

sq. m for exclusive use as a construction laydown area for the receipt, storage, and partial assembly of construction related equipment and materials, including those materials provided by USAID. It is essential that the Contractor’s proposed construction timeline include a window for USAID to deliver the Government Furnished Equipment to the port to not unnecessarily fill up the limited laydown areas. The laydown area will be eventually converted into Container Yard space in the final construction phase. See J.1 Demolition and Construction Phasing Plan.

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C.5 ENTITIES OPERATING AT THE PORT:

A. National Port Authority

Haiti's Port Authority is responsible for the control, management, and operation of the ports in the Republic of Haiti. A contracted port operator, Cap Terminal, currently provides these services. Other port services at CHP (non-containerized) will continue to be carried out by other commercial operators under the responsibility of APN. The Contractor will be required to keep APN informed of construction scheduling and progress throughout the contract period.

B. Port Operator:

The Contractor must work with the Port operator, Cap Terminal, when developing the Project Schedule to ensure that activities are phased to allow for port operations to continue without interruptions.

C. Rice Co

An international rice distributor, Rice Co, has a rice packaging and storage warehouse adjacent to the commercial quay. The Rice Co warehouse will remain operational during construction.

The Contractor must ensure that access to the warehouse both from the quays and roads to the port exit is maintained during implementation of the port renovation work. There is a Tool Room at the north end of the Rice Co building that is part of the demolition plan. The Contractor should specifically state when in the timeline this demolition will take place so that APN can advise their tenant on when they need to vacate.

C.6 DEFINITION OF TERMS AND DIVISION OF RESPONSIBILITIES

A. Contracting Officer (CO)

The term “Contracting Officer” or “CO” refers to the USAID Contracting Officer responsible for this contract award. Responsibilities of the CO are further defined in Section G – Contract Administration Data.

B. Contracting Officer’s Representative (COR)

The term “Contracting Officer’s Representative” or “COR” refers to the USAID Contracting Officer’s Representative authorized by the Contracting Officer to assist with the administration of this contract award. Responsibilities of the COR are defined in Section G – Contract Administration Data.

C. Contractor

The term “Contractor” refers to the successful contractor under the terms and conditions of this contract with USAID. The Contractor must be responsible for performing all the work stipulated in this statement of work including but not limited to construction, maintenance during construction, project management, project scheduling, quality control/quality assurance for construction, materials sampling and testing, obtaining permits, coordination for removal, clean up, and disposal of all unnecessary materials, as well as coordinating with USAID, GOH, APN and port operator representatives.

D. Construction Management Consultant (CMC)

The term “Construction Management Consultant” or “CMC” refers to an independent Architectural, Engineering and Construction Management Consultant (CMC) firm that is contracted and funded by USAID to provide project designs, technical assistance, project monitoring, and quality assurance on behalf of USAID. The CMC is not authorized to alter and/or waive any provisions of the contract, stop work, or issue instructions contrary to the terms

Page | 14 and conditions of the contract. The role of the CMC includes the following, although USAID reserves the right to change the responsibilities at its sole discretion:

General responsibilities of the CMC:

1. Oversee the Contractor’s operation.

2. Respond to Contractor design related Request for Information (RFI)

3. Review Contractor Quality Assurance/Quality Control QA/QC procedures, reports, and implementation.

4. Ensure the Contractor has established and maintains survey control.

5. Review the Contractor’s proposed Critical Path Method based work schedules or any revisions.

6. Provide technical analysis for issues that potentially affect work implementation, contract duration, and/or contract quality.

7. Assess the adequacy of materials, resources and labor furnished/provided by the Contractor, and verify in relation to the proposed rate of progress.

8. Advise USAID on Contractor’s Progress Payments. Verify Percent Complete of accepted work and materials by CLIN.

9. Review all construction submittals.

10. Monitor, observe and provide updates on Contractor’s safety and health plan enforcement.

11. Monitor, verify that the Contractor’s actions and measures to reasonably protect life, environment, and property.

12. Upon substantial completion of the contract or parts thereof, assist in the preparation of the Certificate of Substantial Completion jointly with USAID, GOH, APN, and the Contractor.

13. Assist USAID with the warranty inspection at the end of the Defects Liability Period.

C.7 CONTRACTOR COMMUNICATIONS, ROLES, RESPONSIBILITIES AND

AUTHORITIES

Contractor must obtain the CMC clearance on the listed submittals, provided below, before sending them to the COR for acceptance. The CMC will provide clearance/comments within five working days after receipt of the submittal by the Contractor. The Contractor must address the CMC comments in the final version to USAID who has the final approval authority. See Section E for required Submittals.

If the Contractor questions any determination or instruction of the CMC, the Contractor may refer the matter to the COR, who will provide the final determination or instruction.

A. The CMC is authorized to undertake the following actions:

1. Review and approve technical reports.

2. Review and approve shop drawings.

3. Review and inspect material, testing, samples, submittals, and workmanship provided by the Contractor.

4. Chair the Steering Committee.

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5. Monitor the compliance with the environmental and safety requirements on site and notify the Contractor on any required actions.

6. Monitor and advise on interface matters between the Contractor, Port Operator, APN and / or other port tenants.

7. Monitor and advise on the Contractor’s Gender Inclusion Plan.

8. Provide notifications to the Contractor on works that require remedial actions to comply with the approved design and work plans.

9. Review construction manuals or other materials provided by the Contractor for accuracy, operational usefulness, and consistency.

10. Perform any services which may be required to be carried out under the contract for execution of the works, including, where appropriate, witnessing of tests and commissioning of the works.

Any approval, check, certificate, consent, examination, inspection, instruction, notice, proposal, request, test, or similar act by the CMC (including absence of disapproval) must not relieve the Contractor from any responsibility the Contractor has under the contract, including responsibility for errors, omissions, discrepancies, and noncompliance.

B. The Construction Management Consultant (CMC) Limitations

The CMC has no authority to relieve the Contractor of any duties, obligations, or responsibilities under the contract, nor to amend or change the contract. The CMC is not authorized to approve the following:

1. Items under (A) as listed above.

2. Change orders.

3. Extension of time for completion, or excusable delays.

4. Approving the appointment of subcontractors.

5. Notifying the Contractor of Suspension of Works.

6. Certifying additional payment beyond the approved contract ceiling for each of the CLINs in Section B of the Contract.

7. Tax exemption.

8. Any other requirement under the Contractor’s contract that is not specifically listed under all of the above.

[END OF SECTION C]

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SECTION D - PACKAGING AND MARKING

D.1 AIDAR 752.7009 MARKING. (JAN 1993)

A. It is USAID policy that USAID-financed commodities and shipping containers, and project construction sites and other project locations be suitably marked with the USAID emblem.

Shipping containers are also to be marked with the last five digits of the USAID financing document number. Generally, marking is not required for raw materials shipped in bulk (such as coal, grain, etc.), or for semi-finished products which are not packaged.

B. Specific guidance on marking requirements should be obtained prior to procurement of commodities to be shipped, and as early as possible for project construction sites and other project locations. This guidance will be provided through the cognizant technical office indicated on the cover page of this contract, or by the Mission Director in the Cooperating Country to which commodities are being shipped, or in which the project site is located.

C. Authority to waive marking requirements is vested with the Regional Assistant Administrators, and with Mission Directors.

D. A copy of any specific marking instructions or waivers from marking requirements is to be sent to the contracting officer; the original should be retained by the Contractor.

D.2 BRANDING AND MARKING POLICY

The contractor must comply with the requirements of the policy directives and required procedures outlined in USAID Automated Directive System (ADS) 320.3.2 “Branding and Marking in USAID Direct Contracting” (version from November 03, 2020) at https://www.usaid.gov/sites/default/files/documents/320.pdf; and USAID "Graphic Standards Manual" available at www.usaid.gov/branding, or any successor branding policy.

D.3 BRANDING STRATEGY

In accordance with Automated Directives System (ADS) 320.3.2.1, contractors must prepare a Branding Implementation Plan (BIP) and Marking Plan (MP) to address the Branding Strategy addressed in this Section (plan is due to USAID at award plus 60 days). This is to ensure that the successful contractor’s Branding Implementation Plan and Marking Plan under this contract are following the “USAID Graphics Standard Manual” available at http://www.usaid.gov/branding and any successor branding policy, as detailed in ADS Chapter 320.

USAID policy is to require exclusive branding and marking in USAID direct acquisitions. “Exclusive Branding” means that the activity is positioned as USAID’s, as USAID Port Cap Haitien Rehabilitation Project showcased by the activity name (e.g., the USAID Port Cap Haitien Project activity). “Exclusive marking” means contractors may only mark USAID-funded programs, projects, activities, public communications, and commodities with the USAID Standard Graphic Identity and, where applicable, the host-country government or ministry symbol or logo. It is USAID’s policy that contractors and sub-contractor’s corporate identities or logos may not be used on USAID-funded programs and communications materials.

Under some circumstances, co-branding may apply, in which case USAID will provide guidance prior to acceptance of the Branding and Marking Plan.

Objective: The goal of the USAID Port Cap Haitien Rehabilitation Project is to support the Government of Haiti (GOH) – acting through the Ministry of Planning and External Cooperation, the Ministry of Economy and Finance, and the Ministry of Public Works, Transport and Communications– to collaborate on the rehabilitation of the CHP to operate and maintain the port more efficiently.

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Activity Name: “USAID Port Cap Haitien Rehabilitation Project” until a final name is agreed upon with the contractor.

Positioning: The Contractor will have the responsibility to position USAID name and logo in each activity to be supported to ensure that people recognize and identify that those activities are developed with USG financing. Evaluations must be widely disseminated and clearly marked to indicate that USAID programs have been subject by independent evaluation experts.

Public Outreach: The Activity audience will be diverse. Activity messages and actions will be addressed to different actors within the Government of Haiti and APN.

The following categories of public audiences will be reached by the activity:

Counterparts and Partners: In addition, the activity will promote from the beginning the active participation and engagement of different public, and private organizations. These entities will become USAID’s counterparts, partners, and beneficiaries.

Level of visibility: The activity will ensure a high level of USAID visibility in all activities, at the national level. Due to the nature of policy and institutional reforms which usually are developed with a high level of political will, in the cases where the themes appear as sensitive, low profile will be used. When a sensitive situation needs to be considered, the activity will strictly follow USAID recommendations.

Anticipated elements of marking plan: Deliverables to be marked, include products, equipment and inputs delivered; places where the activities are carried out; external public communications, studies, reports, publications, and informative and promotional products; and workshops, conferences, fairs, media related activities and any such events

USAID Port Cap Haitien Rehabilitation Project.

Publications authored by contractors or other non-USAID employees must include the following disclaimer on the title page:

“The author’s views expressed in this publication do not necessarily reflect the views of the United States Agency for International Development or the United States Government.” Threats and restrictions to the security of the activity need to be identified and assessed in order to request any necessary exception from the marking requirement in accordance with ADS 320.3.2.

USAID’s web page contains the electronic version of the Graphic Standards Manual that is compulsory for all contractors.

D.4 MARKING

A. Description of public communications and program materials to be produced as part of the activity that will visibly bear the USAID and when required the Haitian Government Identity.

B. “This activity was made possible by the generous support of the American People through the United States Agency for International Development.”

[END OF SECTION D]

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SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. The full text of a clause may be accessed electronically at this/these address (es):

www.acquisition.gov/far/ http://www.usaid.gov/pubs/ads/300/aidar.pdf

FEDERAL ACQUISITION REGULATION (FAR)…