RFP19C18026R0001 Solicitation FAC Installation Services.pdf

U.S. Embassy Santiago Date: August 03, 2026

Dear Prospective Offeror:

Subject: Request for Proposal RFP19C18026R0001

Enclosed is a Request for Proposal (RFP) for Conduit installation for moving Post 1. If you would like to submit a proposal, follow the instructions in Section J of the solicitation, complete the required portions of the attached document, and submit it to the address shown on the Standard Form that follows this letter.

The U.S. Government intends to award a contract to the responsible company submitting an acceptable offer at the lowest price. We intend to award a contract based on initial proposals, without holding discussions, although we may hold discussions with companies in the competitive range if there is a need to do so.

Proposals are due by September 04, 2026, at 15:00 hrs. (local time). No proposals will be accepted after this time. Proposals must be in English and incomplete proposals will not be accepted.

Your proposal must be submitted electronically to Santiago-GSOProcurement@state.gov It is important to make sure the submission is made in specific size and format; in MS-Word 2007/2010 or MS-Excel 2007/2010 or Adobe Acrobat (pdf) file format. The file size must not exceed 30MB. If the file size should exceed 30MB, the submission must be made in separate files and attached to separate emails with less than 30MB each.

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

1. SF-1442

2. Section A, Pricing

3. Section L Representations and Certifications

4. Additional information as required in Section J

5. The Offeror shall submit with its offer the IRS Form W-14 https://www.irs.gov/forms-pubs/about-form-w-14 IRS Form W-14 is a tax document used by foreign contractors to claim tax exemptions and avoid an automatic 2% withholding tax on payments received from U.S. federal government contracts.

It identifies the foreign party and states why they qualify for a full or partial exemption under trade or tax rules.

6. Proof of SAM Registration

Offerors shall be registered in the SAM (System for Award Management) database at https://www.sam.gov prior to submittal of their offer/proposal as prescribed under FAR 4.1102.

Failure to be registered at time of proposal submission may deem the offeror’s proposal to be considered non-responsible and no further consideration will be given. Therefore, offerors are https://www.irs.gov/forms-pubs/about-form-w-14 https://www.sam.gov/ highly encouraged to register immediately if they are interested in submitting a response to this requirement.

Sincerely, Shelton Bowers Contracting Officer

Enclosure:

TABLE OF CONTENTS

SF-1442 COVER SHEET

A. PRICING

B. STATEMENT OF WORK

C. PACKAGING AND MARKING

D. INSPECTION AND ACCEPTANCE

E. DELIVERIES AND PERFORMANCE

F. CONTRACT ADMINISTRATION DATA

G. SPECIAL TERMS AND CONDITIONS

H. CLAUSES

I. LIST OF ATTACHMENTS

Attachment 1: Sample Letter of Bank Guaranty Attachment 2: Breakdown of Price by Divisions of Specifications Attachment 3: Guide for NCAGE and SAM registration.

J. INSTRUCTIONS ON HOW TO SUBMIT A PROPOSAL

K. EVALUATION CRITERIA

L. REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS

SECTION A - PRICING

A.1 PRICE

The Contractor shall complete all work, including furnishing all labor, material, equipment, and services required under this solicitation, for the firm-fixed price set forth in Attachment 2, "Breakdown of Price by Divisions of Specifications," and within the time specified. This price shall include all labor, materials, all insurances, overhead, and profit.

The Offeror shall complete the pricing table in Section I - Attachment 2 of this solicitation in accordance with the instructions provided therein.

A.2 VALUE ADDED TAX

The price shall include a line for tax.

A.3. CURRENCY

All prices shall be in Chilean Pesos (CLP).

A.4. Local Taxes and Social Security The Contractor is sole responsible for paying all taxes obligations, social security and other taxes and amounts required by law. The Contractor is also sole responsible for paying vacation days, sick days, holidays, compensation insurance, public liability insurance, and any other benefits required by law for the Contractor and employees, and all other benefits promised to the employees by the Contractor, if any.

A.5. Workers’ Compensation Insurance The cost of Workers’ Compensation Insurance (Defense Base Act) (See Section I, FAR 52.228-3) is not reimbursable and shall be included in the Contractor’s rates.

A.6. TYPE OF CONTRACT

This is a firm, fixed- price contract payable entirely in the currency stated in this Section A and the SF-1442. 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 of achieving the results required. The Government will not adjust the contract price due to fluctuations in currency exchange rates. The Government will only make changes in the contract price or time to complete due to changes made by the Government in the work to be performed, or by delays caused by the Government.

The Government will make payments based on quantities and unit prices only to the extent specifically provided in the contract.

SECTION B - STATEMENT OF WORK

DEFINITIONS

For purposes of this Statement of Work, the following terms shall have the meanings set forth below:

Notice to Proceed (NTP): The written notice issued by the Contracting Officer authorizing the Contractor to commence performance under this contract, including but not limited to the preparation and submission of the Pre-Installation Submittals described in Section 6.0. Issuance of the NTP does not authorize the commencement of physical installation work at the site.

Notice to Proceed with Installation (NTP-I): The written notice issued by the Contracting Officer, following the Contracting Officer's Representative's (COR) review and approval of the Pre-Installation Submittals described in Section 6.0, authorizing the Contractor to commence physical installation work at the site. The thirty (30) business day performance period for installation, as specified in Sections 1.3 and 2.2, shall begin upon issuance of the NTP-I.

No installation, core drilling, or other physical work shall commence at the site prior to issuance of the NTP-I, consistent with the requirements of Section 7.1 of this Statement of Work.

The character and scope of the work are set forth in the contract. The Contractor shall furnish and install all materials required by this contract.

In case of differences between small and large-scale drawings, the latter will govern. Where a portion of the work is drawn in detail and the remainder of the work is indicated in outline, the parts drawn in detail shall apply also to all other portions of the work.

INSTALLATION SERVICES // Conduit installation for moving Post 1

1.0 INTRODUCTION

1.1 The U.S. Embassy requires the installation of galvanized steel electrical conduit infrastructure to support the relocation and full signal replication of Post 1 operations into Post 2, and future projects.

The scope includes the installation of nine (9) 3-inch-diameter conduits running from Post 1 to Post 2, and four (4) 4-inch-diameter conduits running from Post 1 to the basement, totaling approximately 180 linear meters, routed through the existing vertical HVAC return shaft (connecting floors Basement, 1st and 3rd).

Work includes core drilling through approximately 40 cm thick reinforced concrete structural walls, vertical installation within the shaft, installation of structural supports, installation of pull boxes at each floor transition and installation of an approved flexible conduit system at the building expansion joint separating the two independent structural bodies of the facility.

All conduits shall be installed complete with fittings, supports, and pull strings, ready for cable installation.

The building will remain occupied during installation, and work must be coordinated to minimize disruption to ongoing operations.

1.2 The work will take place in floor basement, first and third of the Chancery building within the U.S. Embassy compound. All inspections shall be requested through the Embassy’s Facility Manager [FM] or Contracting Officer Representative [COR].

1.3 Work shall be completed within thirty (30) business days from the date of the Contracting Officer's Notice to Proceed with Installation (NTP-I). Completion within this period shall constitute full compliance with the Contract schedule requirements. The structure shall remain occupied during the execution of this Purchase Order.

The Contractor shall submit a phasing plan with an installation schedule within ten (10) business days after the Notice to Proceed (NTP), for review and approval by the COR prior to commencement of work at the site. The Contracting Officer will issue the NTP-I once the phasing plan has been reviewed and approved (allow up to twenty (20) business days for Embassy review) and any required coordination has been completed. The thirty (30) business day performance period for physical installation shall begin upon issuance of the NTP-I, and not upon contract award or the initial Notice to Proceed.

The Contractor may be allowed to overlap phases upon demonstration of sufficient capability to execute the project simultaneously at multiple office suites, subject to the approval of the Contracting Officer (CO).

2.0 GENERAL REQUIREMENTS

2.1 The Contractor shall provide quantity surveyors, installation personnel, equipment, materials, tool and supervision as needed to complete the services that meet the technical requirements in this Statement of Work [SOW]. It is expected that the Contractor shall partner closely with Embassy personnel.

2.2 The work shall be executed in a diligent manner in accordance with a firm fixed price and performance period. The period of performance for physical installation of all Phases of the project shall be completed within thirty (30) business days from the date of the Contracting Officer's Notice to Proceed with Installation (NTP-I), which shall be issued following approval of the Pre-Installation Submittals described in Section 6.0 and coordination with the Security Technical Specialist Site visit.

2.3 The Contractor shall have limited access and admission into any structure outside the areas designated for the project except with permission from the Site security Manager (RSO personnel). The Contractor shall address the impact of the consequent disruption and provide for a continuing level of operation for continuous occupation of offices during installation.

2.4 The Contractor shall be required to prepare and submit reports, bill of materials, product literature, drawings, specifications, quality control schedules, safety plan and installation costs.

These documents provide the necessary interfaces, coordination, and communication between the Embassy and Contractor for the delivery of a completed project.

3.0 GOVERNMENT MATERIAL (GM)

Not applicable.

4.0 CONTRACT ADMINISTRATION

4.1 The Contractor shall not conduct any work that is beyond this Statement of Work and accompanying specifications unless directed in writing by the Contracting Officer [CO]. Any work done by the Contractor beyond this SOW and accompanying specifications without direction from the CO will be at the Contractor’s own risk and at no cost to the Embassy.

4.2 The Contracting Officer may designate more than one individual to serve as the Contracting Officer's Representative [COR]. The Contractor will be furnished evidence of COR appointments, including explicit authority delegated to each COR and their responsibilities.

4.3 The Embassy does not make representations or warranties of whatsoever kind or nature, either expressed or implied, as to the quality, level of completion, accuracy, extent of compliance with the standards, codes and requirements described or referred to in this SOW, or the extent of coordination between or among the documents provided to the Contractor.

4.4 The Embassy’s review, approval, or acceptance of, nor payment for the services required under this contract shall be construed to operate as a waiver of any rights under this contract or any cause of action against the Contractor arising out of the performance of this contract.

4.5 The Embassy has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Office of Overseas Buildings and the Bureau of Diplomatic Security (DS) may perform quality assurance inspections [QAI] and tests during installation to confirm the work is installed according to the

SOW.

4.6 The Contracting Officer has the authority to issue a temporary stop order during the execution of any particular phase of this SOW. This authority may be executed when the Embassy requires time for official functions, or is in possession of specific credible information indicating that the lives of Embassy personnel are immediately threatened and that the execution of the project will increase the Embassy's vulnerability. The Contractor shall promptly notify the CO that work has been stopped.

4.7 If any of the Contractor’s services do not conform to the contract requirements, the COR may require the Contractor to perform the services again in conformity with the contract requirements. The Embassy may by contract or otherwise, perform the services and charge the Contractor any cost incurred by the Embassy that is directly related to the performance of such service or terminate the contract for default.

4.8 The Embassy has the right to terminate this contract of convenience at any time in whole, or from time to time, if the Contracting Officer determines it is in the interest of the Embassy.

5.0 RESPONSIBILITY OF THE CONTRACTOR

5.1 The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all installation and other services furnished under this contract. The Contractor shall, without additional compensation, correct or revise any errors or deficiencies in its installation and other services.

5.2 The Contractor shall identify a Project Site Manager who shall be responsible for the overall management of the project and shall represent the Contractor on the site during installation. The Project Site Manager shall be approved by the COR.

5.3 The Project Site Manager shall attend all project meetings, prepare Status Reports on the project and submit them to the COR. Status Reports shall contain meeting minutes, accomplishments, arising concerns and proposed solutions, any proposed changed orders, and any other pertinent information required to report the progress of performance.

5.4 All documentation produced for this project will become the ownership of the Embassy at the completion of this project.

5.5 The Contractor shall verify that all materials, equipment, and systems provide operational dependability. The Contractor assures the completed installation shall be easily maintained or replaced with readily available materials and services.

5.6 Any cost associated with services subcontracted by the Contractor shall be borne by and be the complete responsibility of the Contractor under the fixed price of this contract.

5.7 The Contractor is responsible for safety and shall comply with all local labor laws, regulations, customs and practices pertaining to labor, safety and similar matters. The Contractor shall promptly report all accidents resulting in lost time, disabling, or fatal injuries to the COR.

5.8 The Contractor shall be and remain liable to the Embassy in accordance with applicable law for all damages to the Embassy caused by the Contractor's negligent performance of any of the services furnished under this contract. The rights and remedies for the Embassy provided for under this contract are in addition to any other rights and remedies provided by law.

6.0 PRE- INSTALATION REQUIREMENTS

6.1 The Contractor shall examine all the documents and visit the site to fully inform themselves of all the conditions and limitations applied to the work and submit a firm fixed price cost proposal for all the work. No subsequent cost allowance will be made to the Contractor for neglect of the existing conditions.

6.2 Provide a statement that the Contractor’s company and all personnel are experienced in installation of large-diameter galvanized steel conduit systems involving structural core drilling, vertical shaft installations, and conduit installation across structural expansion joints similar to type and scope required for the work.

6.3 The Contractor shall prepare and submit a Project Safety Plan [PSP] to address the project.

The PSP is intended to document the entire project from beginning to end. As part of its proposal, the Contractor shall submit a written commitment to prepare and submit a Project Safety Plan (PSP). Upon award, the PSP shall be reviewed again and shall require the approval of the Contracting Officer's Representative (COR) prior to issuance of the NTP-I. The complete PSP shall be submitted to the COR for review and approval at least ten (10) working days prior to the anticipated issuance of the NTP-I.

6.4 Submit a copy of a Contractor’s Installation Guarantee covering the work, labor and equipment for a period of ONE [1] year at no cost to the Embassy signed by the Contractor.

6.5 Submit a Bill of Materials [BOM], product literature, samples and standard specification submittals of all materials to be used in the project provided by the contractor. The BOM's shall list the equipment and materials in sufficient detail that a purchase order for the materials and equipment can be executed without further elaboration or specifications. These documents will be used by the Embassy to approve all equipment and materials.

6.6 The Contractor shall be a duly licensed and certified electrical contractor in accordance with applicable Chilean regulations.

The Contractor’s primary line of business shall be as an electrical installation contractor, with demonstrated experience in the installation of electrical conduit systems.

The Contractor shall demonstrate proven experience in the installation of large-diameter conduit systems (2 inches and above), including projects of similar scope involving structural penetrations and vertical installations.

The Contractor shall be knowledgeable and fully compliant with all applicable Chilean laws, electrical codes, and regulations governing installation and electrical installations.

6.7 Local Presence Requirement

The Contractor shall be a locally established company or have a permanent operational presence in Chile, with the ability to provide timely support, supervision, and response throughout the duration of the project.

7.0 INSTALLATION REQUIREMENTS

7.1 No installation shall begin until the Contracting Officer has issued the Notice to Proceed with Installation (NTP-I), following the COR's review and approval of the Pre-Installation Submittals described in Section 6.0.

7.2 The Contractor shall be responsible for all required materials not provided by the Embassy, equipment and personnel to manage, administer, and supervise the project.

All workmanship shall be of good quality and performed in a skillful manner as determined by the COR.

7.3 All materials and equipment incorporated into the project shall be new unless noted otherwise. The Contractor shall transport and safeguard all materials and equipment required for installation.

7.4 Equipment and materials shall be carefully handled, properly stored, and adequately protected to prevent damage before and during installation, in accordance with the manufacturer's recommendations. Damaged or defective items shall be replaced. The contractor will be responsible for security of all materials and equipment.

7.5 Receipt of Materials - Shipment of equipment, materials, and supplies shall be addressed to the Contractor - not the Embassy. The Contractor must be on hand to accept shipments; the Embassy will not accept shipments.

7.6 The Contractor will be provided with a storage and staging area as determined by the COR.

The Contractor shall be responsible for restoring the area to its original condition at the completion of the work. The Contractor shall be responsible for repair of any damage incurred to buildings or pavement as a result of storage activities. The Contractor is responsible for obtaining any additional off compound storage areas as required.

7.7 The Contractor shall at all times keep the work area free from accumulation of waste materials. Upon completing installation, the Contractor shall remove all temporary facilities and leave the project site in a clean and orderly condition acceptable to the COR.

7.8 The Contractor shall perform the work at the site during the Embassy's normal workday hours, unless agreed upon with the COR.

7.9 The Contractor shall be responsible for connection of temporary utilities to existing utilities including water and power lines. All temporary connections to local water and power lines shall be coordinated with the COR. The Contractor shall pay all costs incurred in connecting, converting, and transferring the utilities to the work. The Contractor shall be responsible for making connections including providing back flow preventer devices on connections to domestic water lines, providing transformers, and for disconnections.

7.10 At the end of each work day, or notification of a temporary stop order, the Contractor shall lower and fix all temporary work platforms and/or harnesses. Contractor shall notify the COR of the temporary barricade locations. Beginning the next workday, the contractor shall remove the temporary barricades before continuing the project.

7.11 Storm Protection - Should warnings of wind of gale force or stronger be issued, the Contractor shall take every practicable precaution to minimize danger to person, the work and adjacent property. Precautions shall include, but not be limited to, closing all openings, removing all loose materials, tools and equipment from exposed locations, and other temporary work.

7.12 Cleanup - The Contractor shall keep the work area, including storage areas, free from accumulations of waste materials on a daily basis and comply with all federal, state and local regulations pertaining to the storage, transport and disposal of wastes. The Contractor shall not use Embassy waste disposal facilities including garbage cans, trash piles or dumpsters.

7.13 Landscape Restoration - The surfaces of all unpaved areas disturbed by installation activities shall be sodded with an approved grass native to the sodded area as approved by the COR. These shall include areas which existing pavement is removed, areas where excavation takes place, and areas where existing sod is killed or compacted by installation activities.

Landscape shrubs killed or damaged by installation activities shall be replaced with same species and size.

7.14 Structural Penetrations

Contractor shall perform diamond core drilling through reinforced concrete structural walls approximately 40 cm thick. Drilling locations shall be field-verified and approved prior to execution.

7.15 Expansion Joint Conduit System

Where conduits cross the structural expansion joint between Post 1 and Post 2, Contractor shall install an approved flexible conduit coupling system designed to accommodate seismic and thermal movement. Rigid conduit connections across the expansion joint are strictly prohibited.

7.16 Shaft Installation

Conduit installation shall be performed within the existing continuous vertical HVAC return shaft connecting Floors Basement through 3.

The approximate vertical working height within the shaft is 17 meters.

The Contractor shall provide certified scaffolding or an approved elevated access system suitable for confined vertical shaft work.

All conduit runs shall be installed in accordance with applicable National Electrical Code requirements. The total cumulative bend between pull points shall not exceed 360 degrees.

Accessible pull boxes shall be installed as required to comply with this limitation and to facilitate cable installation. Pull boxes shall be located in accessible locations and coordinated with the COR prior to installation.

All conduits shall be properly supported at intervals compliant with applicable electrical codes and securely anchored to structural elements within the shaft. No supports shall be attached to non-structural ductwork components.

7.17 Conduit Preparation

All conduits shall be provided with nylon pull strings and shall be mandrel-tested to ensure they are clear, continuous, and free of obstructions prior to project completion.

All conduits shall be properly identified in accordance with applicable Department color-coding requirements. For DS conduits, identification shall be performed using blue and yellow tape.

Blue and yellow (together) tape is the preferred identification method. DS conduits shall be marked at each pull box and at intervals not exceeding 20 feet (6.6 meters) along the conduit run.

All other conduit identification and labeling shall be coordinated with the Embassy to confirm system designation and color-coding requirements.

7.18 Restoration of Penetrations and Finishes

All penetrations, openings, and holes created as part of the Work shall be properly patched, sealed, and restored to match the existing adjacent surfaces.

This includes but is not limited to: Mortar and concrete patching, plaster repair, sealants, surface finishing and painting.

All repaired areas shall be restored to a “like-new” condition, matching the existing wall finish in texture, color, and appearance, as approved by the COR.

8.0 CRITERIA

8.1 The Contractor work shall comply with current U.S. codes and standards. It shall follow the Department of State building policies in accordance with the latest editions of the Foreign Affairs Manual (FAM) and the Foreign Affairs Handbook (FAH). The COR will review and comment on the Contractor’s submissions using the following codes and standards:

ASTM International Standards 2021 International Building Code (IBC) 2021 International Mechanical Code (IMC) 2021 International Plumbing Code (IPC) 2023 National Electrical Code (NFPA 70) Foreign Affairs Manual (FAM) Foreign Affairs Handbook (FAH)

9.0 DELIVERABLE SCHEDULE

9.1 The Contractor shall commence work under this contract promptly, execute the work diligently, and achieve final completion and acceptance including final cleanup of the premises within the period specified.

9.2 Milestones:

Milestone Timing

Award of Contract 15 September, 2026

Notice to Proceed (NTP) issued Upon contract award

Pre-Installation Submittals due 10 business days after NTP

Embassy Submittal Review 20 business days after receipt of submittals

Notice to Proceed with Installation

(NTP-I)

Upon COR approval of Pre-Installation Submittals

Installation Begins Upon issuance of NTP-I

Installation Complete 30 business days after NTP-I

9.3 Project Completion: Furnish one copy of maintenance and operating information, Contractor’s one year workmanship guarantee and product literature of all items installed.

Upon completion of the work, the Contractor shall prepare and submit accurate as-built drawings reflecting the final installed condition of the project.

As-built drawings shall include, at a minimum: Final conduit routing from Post 1 to Post 2, pull box locations, support and anchoring details, expansion joint flexible connection details, any deviations from the approved installation drawings.

Drawings shall be submitted in both electronic (PDF and editable format) and hard copy formats.

10.0 PROJECT SECURITY

10.1 The work to be performed under this contract requires that the Contractor, its employees and sub-contractors submit corporate, financial and personnel information for review by the Embassy. Information submitted by the Contractor will not be disclosed beyond the Embassy.

10.2 The Contractor shall submit this information including installation vehicle requirements within 10 days of the Notice to Proceed (NTP).

11.0 PAYMENTS

11.1 The Contractor shall provide a fixed priced lump sum proposal to the Contracting Officer.

The Contractor may submit requests for progress payments at monthly intervals to cover the value of labor and materials completed to date. In making progress payments, there shall be retained 10% of the amount due until final completion.

11.2 The Contractor shall submit one copy of all payment invoices, with the appropriate backup documents to the COR. The COR will determine if the invoice is complete and proper as submitted. The COR also will determine if billed services have been satisfactorily performed and if expenses billed are correct. If it is determined that the amount billed is incorrect, the COR will within seven days, request the Contractor to submit a revised invoice.

11.3 The Contractor shall specifically identify his last invoice "Final Invoice." The Final invoice shall include the remaining payment claimed to be due under the basic contract and all modifications issued, if any. The final invoice shall also have the Contractor's Release of Claims Certificate attached.

END OF STATEMENT OF WORK

SECTION C - PACKAGING AND MARKING

All materials shall be delivered by the Contractor to the site on the dates and times stated by the Contracting Officer Representative (COR).

SECTION D - INSPECTION AND ACCEPTANCE

The COR, or his/her authorized representatives, will inspect from time to time the services being performed and the supplies furnished to determine whether work is being performed in a satisfactory manner, and that all supplies are of acceptable quality and standards.

The Contractor shall be responsible for any countermeasures or corrective action, within the scope of this contract, which may be required by the Contracting Officer as a result of such inspection.

D.1. Progress Reports The Contractor shall submit work progress reports to the COR. Each report shall provide a comprehensive account of project status and include the following elements:

(a) Work Performed and Schedule Compliance - A detailed description of all work completed during the reporting period, comparing actual progress achieved against the planned schedule to identify any delays or deviations from the timeline.

(b) Inspection Observations – A summary of all inspections conducted, including findings, observations, and any issues identified during site visits or quality control reviews.

(c) Problems and Resolutions – Documentation of any difficulties, irregularities, or obstacles encountered during the work, along with the specific actions taken to resolve these issues and prevent recurrence.

(d) Corrective Measures – Description of measures implemented to improve work conditions, enhance quality, or address deficiencies identified in previous reports or inspections.

(e) Recommendations – Professional recommendations for improving project execution, addressing potential risks, or optimizing work processes.

(f) Upcoming Activities – A detailed forecast of all activities, tasks, and milestones planned for the upcoming week, enabling the COR to anticipate resource needs and coordinate with Embassy staff.

The Contractor shall promptly correct all shortcomings, deficiencies, and substandard conditions noted in the progress reports or identified during inspections at no additional cost to the Government.

D.2 FINAL COMPLETION AND ACCEPTANCE

D.2.1 "Final completion and acceptance" means the stage in the progress of the work as determined by the Contracting Officer and confirmed in writing to the Contractor, at which all work required under the contract has been completed in a satisfactory manner, subject to the discovery of defects after final completion, and except for items specifically excluded in the notice of final acceptance.

D.2.2 The "date of final completion and acceptance" means the date determined by the Contracting Officer when final completion of the work has been achieved, as indicated by written notice to the Contractor.

D.2.3 FINAL INSPECTION AND TESTS. The Contractor shall give the Contracting Officer at least five (5) days advance written notice of the date when 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 notice unless the Contracting Officer determines that the work is not ready for final inspection and so informs the Contractor.

D.2.4 FINAL ACCEPTANCE. If the Contracting Officer is satisfied that the work under the contract is complete (with the exception of continuing obligations), the Contracting Officer shall issue to the Contractor a notice of final acceptance and make final payment upon:

• Satisfactory completion of all required tests,

• A final inspection that all items by the Contracting Officer 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

• Submittal by the Contractor of all documents and other items required upon completion of the work, including a final request for payment (Request for Final Acceptance).

SECTION E - DELIVERIES AND PERFORMANCE

E.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK

(APR 1984)

The Contractor shall be required to:

(a) commence work under this contract within 10 calendar days after the date the Contractor receives the Notice to Proceed with Installation (NTP-I),

(b) prosecute the work diligently, and,

(c) complete the entire work ready for use not later than 30 business days after the Notice to Proceed with Installation (NTP-I), as defined in Section B, Definitions.

The time stated for completion shall include final cleanup of the premises.

E.2 LIQUIDATED DAMAGES

E.2.1 52.211-12 Liquidated Damages - Construction (Sep 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, or any extension, the Contractor shall pay liquidated damages to the Government in the amount of $50 U.S. Dollars for each day of delay until the work is completed or accepted.

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

E.2.2 ASSESSMENT AND APPORTIONMENT OF LIQUIDATED DAMAGES

Liquidated damages will be assessed from the completion date indicated in the contract or extensions.

E.3 CONTRACTOR'S SUBMISSION OF CONSTRUCTION SCHEDULES

(a) The time for submission of the schedules referenced in FAR 52.236-15, "Schedules for Construction Contracts", paragraph (a), is hereby modified to reflect the due date for submission as ten (10) calendar days after receipt of an executed contract".

(b) These schedules shall include the time by which shop drawings, product data, samples and other submittals required by the contract will be submitted for approval.

(c) The Contractor shall revise such schedules (1) to account for the actual progress of the work, (2) to reflect approved adjustments in the performance schedule, and (3) as required by the Contracting Officer to achieve coordination with work by the Government and any separate contractors used by the Government. The Contractor shall submit a schedule, which sequences work so as to minimize disruption at the job site.

(d) All deliverables shall be in the English language and any system of dimensions (English or metric) shown shall be consistent with that used in the contract. No extension of time shall be allowed due to delay by the Government in approving such deliverables if the Contractor has failed to act promptly and responsively in submitting its deliverables. The Contractor shall identify each deliverable as required by the contract.

(e) Acceptance of Schedule: When the Government has accepted any time schedule;

it shall be binding upon the Contractor. The completion date is fixed and may be extended only by a written contract modification signed by the Contracting Officer. Acceptance or approval of any schedule or revision thereof by the Government shall not:

(1) Extend the completion date or obligate the Government to do so,

(2) Constitute acceptance or approval of any delay, or

(3) Excuse the Contractor from or relieve the Contractor of its obligation to maintain the progress of the work and achieve final completion by the established completion date.

E.4 WORKING HOURS

All work shall be performed during working hours from 9:00 a.m. to 5:00 p.m. Monday through Friday. Other hours, if requested by the Contractor, may be approved by the Contracting Officer's Representative (COR). The Contractor shall give 24 hours in advance to COR who will consider any deviation from the hours identified above. Changes in work hours, initiated by the Contractor, will not be a cause for a price increase.

E.5. NOTICE OF DELAY

If the Contractor receives a notice of any change in the work, or if any other conditions arise which are likely to cause or are actually causing delays which the Contractor believes may result in late completion of the project, the Contractor shall notify the Contracting Officer. The Contractor’s notice shall state the effect, if any, of such change or other conditions upon the approved schedule, and shall state in what respects, if any, the relevant schedule, or the completion date should be revised. The Contractor shall give such notice promptly, not more than ten (10) days after the first event giving rise to the delay or prospective delay. Only the Contracting Officer may revise the approved time schedule.

E.6 EXCUSABLE DELAYS

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

(1) Acts of God or of the public enemy,

(2) Acts of the United States Government in either its sovereign or contractual capacity,

(3) Acts of the government of the host country in its sovereign capacity,

(4) Acts of another contractor in the performance of a contract with the Government,

(5) Fires,

(6) Floods,

(7) Epidemics,

(8) Quarantine restrictions,

(9) Strikes,

(10) Freight embargoes,

(11) Delays in delivery of Government furnished equipment, and

(12) Unusually severe weather.

In each instance, the failure to perform must be beyond the control and without the fault or negligence of the Contractor, and the failure to perform. Furthermore, the failure:

(13) Must be one that the Contractor could not have reasonably anticipated and taken adequate measures to protect against,

(14) Cannot be overcome by reasonable efforts to reschedule the work, and

(15) Directly and materially affects the date of final completion of the project.

E.7 NOTICE TO PROCEED

(a) After receiving and accepting any bonds or evidence of insurance, the Contracting Officer will provide the Contractor a Notice to Proceed. The Contractor must then prosecute the work, commencing and completing performance not later than the time period established in the contract.

(b) It is possible that the Contracting Officer may elect to issue the Notice to Proceed before receipt and acceptance of any bonds or evidence of insurance. Issuance of a Notice to Proceed by the Government before receipt of the required bonds or insurance certificates or policies shall not be a waiver of the requirement to furnish these documents.

E.8 PRECONSTRUCTION CONFERENCE

A preconstruction conference will be held 10 days after contract award at U.S. Embassy Santiago, Avda Andrés Bello 2800, Las Condes to discuss the schedule, submittals, notice to proceed, mobilization and other important issues that effect construction progress. See FAR 52.236-26, Preconstruction Conference.

DELIVERABLES - The following items shall be delivered under this contract:

Description Quantity Deliver Date Linked Milestone

Deliver To

Section D.1 Progress Reports

1 As per agreement with the COR

Continuous (Post-NTP-I)

COR

D.2.4 Request for Final Acceptance

1 5 days before inspection

NTP-I (end of installation)

COR

E.3. Construction Schedule

1 10 days after NTP NTP COR

E.3.(c) Updates to Construction Schedule

1 As per agreement with the COR

Continuous (Post-NTP)

COR

E.4.3. Deviation of Working Hours

1 No later than 24 hours in advance of need

Continuous (During Installation, Post-NTP-I)

COR

E.8. Pre-Construction Conference

1 10 days after NTP NTP CO /

COR

G.1.2.

Performance/Payment Protection

1 10 days after NTP NTP CO

G.10. Safety Plan 1 With Proposal; final approval required prior to issuance of

NTP

(submission) / NTP-I (final

CO /

COR

Description Quantity Deliver Date Linked Milestone

Deliver To the NTP-I, per SOW Section 6.3 approval)

G.2.3. Evidence of Insurance

1 10 days after NTP NTP CO

G.3.1.2. As-built Drawings and Warranties

1 After final completion but before final acceptance

NTP-I (30

business days after)

COR

G.5.2. Biographic Data on Personnel

1 10 days after NTP NTP COR

SECTION F – CONTRACT ADMINISTRATION DATA

652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)

(a) The Contracting Officer may designate in writing one or more Government employees, by name or position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer’s Representative (COR).

Such designation(s) shall specify the scope and limitations of the authority so delegated;

provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer, and this authority is delegated in the designation.

(b) The COR for this contract COR will be designated in writing by the Contracting Officer at the time of award.

Payment: The Contractor's attention is directed to Section H, 52.232-5, "Payments Under Fixed-Price Construction Contracts". The following elaborates on the information contained in that clause.

Requests for payment, may be made no more frequently than monthly. Payment requests shall cover the value of labor and materials completed and in place, including a prorated portion of overhead and profit.

After receipt of the Contractor's request for payment, and on the basis of an inspection of the work, the Contracting Officer shall make a determination as to the amount, which is then due. If the Contracting Officer does not approve payment of the full amount applied for, less the retainage allowed by in 52.232-5, the Contracting Officer shall advise the Contractor as to the reasons.

Under the authority of 52.232-27(a), the 14 day period identified in FAR 52.232-27(a)(1)(i)(A) is hereby changed to 30 days.

All invoices shall be submitted via email to:

DBO-Santiago@state.gov

Must be original PDF electronic invoice (no scanned copies).

The Contractor shall show Value Added Tax (VAT) as a separate item on invoices submitted for payment.

Billing Information:

Embajada de los Estados Unidos de América

RUT: 69.902.100-8

Address: Avda Andrés Bello 2800, Las Condes Business Activity: Diplomatic Mission mailto:DBO-Santiago@state.gov

Each invoice must include, at a minimum: the contract number, invoice number and date, period of performance covered, itemized description of goods/services provided, and total amount due.

Invoices submitted without the required information may be returned for correction, which may delay payment.

SECTION G - SPECIAL TERMS AND CONDITIONS

G.1.0 PERFORMANCE/PAYMENT PROTECTION - The Contractor shall furnish some form of payment protection as described in 52.228-13 in the amount of 50% of the contract price.

(bank guarantees to be used).

G.1.1 The Contractor shall provide the information required by the paragraph above within ten

(10) calendar days after award. Failure to timely submit the required security may result in rescinding or termination of the contract by the Government. If the contract is terminated, the Contractor will be liable for those costs as described in FAR 52.249-10, Default (Fixed-Price Construction), which is included in this purchase order.

G.1.2 The bonds or alternate performance security shall guarantee the Contractor's execution and completion of the work within the contract time. This security shall also guarantee the correction of any defects after completion, the payment of all wages and other amounts payable by the Contractor under its subcontracts or for labor and materials, and the satisfaction or removal of any liens or encumbrances placed on the work.

G.1.3 The required securities shall remain in effect in the full amount required until final acceptance of the project by the Government. Upon final acceptance, the penal sum of the performance security shall be reduced to 10% of the contract price. The security shall remain in effect for one year after the date of final completion and acceptance, and the Contractor shall pay any premium required for the entire period of coverage.

G.2.0 INSURANCE - The Contractor is required by FAR 52.228-5, "Insurance - Work on a Government Installation" to provide whatever insurance is legally necessary. The Contractor shall at its own expense provide and maintain during the entire performance period the following insurance amounts:

G.2.1 GENERAL LIABILITY (includes premises/operations, collapse hazard, products, completed operations, contractual, independent contractors, broad form property damage, personal injury):

(1) BODILY INJURY, ON OR OFF THE SITE, IN U.S. DOLLARS

Per Occurrence US$88,000

Cumulative US$155,000

(2) PROPERTY DAMAGE, ON OR OFF THE SITE, IN U.S. DOLLARS

Per Occurrence US$88,000

Cumulative US$155,000

G.2.2 Minimum Insurance Coverage The foregoing types and amounts of insurance are the minimums required. The Contractor shall obtain any other types of insurance required by local law or that are ordinarily or customarily obtained in the location of the work. The limit of such insurance shall be as provided by law or sufficient to meet normal and customary claims.

G.2.3 Submission of Evidence of Insurance The Contractor shall provide evidence of the insurance required under this contract within ten

(10) calendar days after contract award. Failure to timely submit this evidence, in a form acceptable to the Contracting Officer, may result in rescinding or termination of the contract by the Government.

G.2.4 Indemnification and Hold Harmless The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to any property of the Contractor, its officers, agents, servants, and employees, or any other person, arising from and incident to the Contractor's performance of this contract. The Contractor shall hold harmless and indemnify the Government from any and all claims arising therefrom, except in the instance of gross negligence on the part of the Government.

G.2.5 Materials and Equipment Insurance The Contractor shall obtain adequate insurance for damage to, or theft of, materials and equipment in insurance coverage for loose transit to the site or in storage on or off the site.

G.2.6 Government as Additional Insured The general liability policy required of the Contractor shall name "the United States of America, acting by and through the Department of State", as an additional insured with respect to operations performed under this contract.

G.3.0 DOCUMENT DESCRIPTIONS

G.3.1 SUPPLEMENTAL DOCUMENTS: The Contracting Officer shall furnish from time to time such detailed drawings and other information as is considered necessary, in the opinion of the Contracting Officer, to interpret, clarify, supplement, or correct inconsistencies, errors or omissions in the Contract documents, or to describe minor changes in the work not involving an increase in the contract price or extension of the contract time. The Contractor shall comply with the requirements of the supplemental documents, and unless prompt objection is made by the Contractor within 20 days, their issuance shall not provide for any claim for an increase in the Contract price or an extension of contract time.

G.3.1.1. RECORD DOCUMENTS. The Contractor shall maintain at the project site:

(1) a current marked set of Contract drawings and specifications indicating all interpretations and clarification, contract modifications, change orders, or any other departure from the contract requirements approved by the Contracting Officer; and,

(2) a complete set of record shop drawings, product data, samples and other submittals as approved by the Contracting Officer.

G.3.1.2 . "As-Built" Documents: After final completion of the work, but before final acceptance thereof, the Contractor shall provide:

(1) a complete set of "as-built" drawings, based upon the record set of drawings, marked to show the details of construction as actually accomplished; and,

(2) record shop drawings and other submittals, in the number and form as required by the specifications.

G.4.0 LAWS AND REGULATIONS - The Contractor shall, without additional expense to the Government, be responsible for complying with all laws, codes, ordinances, and regulations applicable to the performance of the work, including those of the host country, and with the lawful orders of any governmental authority having jurisdiction. Host country authorities may not enter the construction site without the permission of the Contracting Officer. Unless otherwise directed by the Contracting Officer, the Contractor shall comply with the more stringent of the requirements of such laws, regulations, and orders and of the contract. In the event of a conflict between the contract and such laws, regulations and orders, the Contractor shall promptly advise the Contracting Officer of the conflict and of the Contractor's proposed course of action for resolution by the Contracting Officer.

G.4.1 The Contractor shall comply with all local labor laws, regulations, customs, and practices pertaining to labor, safety, and similar matters, to the extent that such compliance is not inconsistent with the requirements of this contract.

G.4.2 The Contractor shall give written assurance to the Contracting Officer that all subcontractors and others…