LCP_RFTOP_J-6.A.1.pdf

ATTACHMENT J-6-A.1

LOCAL CONSTRUCTION PROGRAM (LCP) INDEFINITE QUANTITY CONTRACT

SECTION A

REQUEST FOR TASK ORDER PROPOSAL # ROADS-294-13-0000

Roads Projects to be implemented under this Request for Task Order Proposal:

1- Biddu Beit Anan Road

1 RFTOP Number ROADS-294-13-0000

2 Date RFTOP Issued See RFP cover page

3 Issuing Office Office of Contracts Water Resources and Infrastructure Office

4 Contracting Officer Mr. Bruce Gelband

Office: 972-3-511-4852

E-mail: bgelband@usaid.gov

5 Proposals to be Submitted to:

Ms. Hourig DelDelian

Office: 972-3-511-4821

Email: hdeldelian@usaid.gov

6 Proposals Due See RFP cover page

7 Payment Office See Section G.3 Invoices

8 Name of Firm

9 IQC Task Order Number

10 DUNS number

11 Tax Identification Number

12 Address of Firm

13 RFTOP Point of Contact

Name:

Phone:

Fax:

Email:

Person Authorized to Sign

RFTOP

15 Signature (Contractor)

16 Date

17 Offer Validity Prices offered are valid for 120 days from the closing date of the RFP mailto:bgelband@usaid.gov mailto:hdeldelian@usaid.gov

SECTION B

SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The USAID West Bank and Gaza Local Construction Program (LCP) is designed to support

U.S. Government efforts with the peace process by improving Palestinian access to basic infrastructure and services throughout the West Bank, and if conditions and funding permit, in

Gaza.

B.2 CONTRACT TYPE

This is a Fixed Unit Price Task Order in accordance with the Local Construction Program LCP

IQC Section ―B.2 Contract Type and Services‖. For the consideration set forth in this Task

Order, the Contractor must provide the services, deliverables and/or outputs described in

Sections C, F and J in compliance with this Task Order’s and the LCP Basic IQC’s requirements, terms and conditions.

B.3 BUDGET

This Task Order consists of One (1) road sector project. The Contractor shall price the Bills of

Quantities (BOQ) for the project listed below:

Biddu Beit Anan Road

BOQ Price $

Total Day Works $300,000.00

Grand Total- Task Order Ceiling Price $

The Contractor is not entitled to any part of the ―Day Works‖ line item, either partially or fully, unless specifically authorized by USAID. The Contractor shall not be paid any sum in excess of the obligated amount.

END OF SECTION B

SECTION C

DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

C.1 BACKGROUND

Infrastructure in the West Bank and Gaza suffers from years of neglect and lack of investment.

The USAID/WBG Mission’s Local Construction Program (LCP) focuses on the rehabilitation or construction of roads, water, wastewater, and buildings construction projects. The USAID objective is to help the Palestinian economy by improving Palestinian access to basic infrastructure and services.

C.2 OBJECTIVES

The objective of this Task Order is to upgrade a total of 2.15 km of the Biddu Beit Anan Road.

The road is a two-lane main road that connects the town of Biddu with the community of Beit

Anan in the Governorate of Jerusalem. The road is located in Area B and C.

C.3 STATEMENT OF WORK

The Statement of Work (SOW) is as defined in the attachments provided in Section J of this document. The following is a summary description of the project:

Biddu Beit Anan Road

This project consists of upgrading 2.15 km of the Biddu Beit Anan Road. The road is a two-lane main road that connects the town of Biddu with the community of Beit Anan in the Governorate of Jerusalem. The existing roadways suffer from deteriorated surfaces due to extended lack of maintenance and repair.

The SOW consists of excavation works, embankment filling, pavement layer construction, installation and/or rehabilitation of storm water drainage systems, installation of safety features

(signage, road marking, cat eyes, and guardrails) and any other work items needed to complete this project as specified.

The road is located in Area C and B; therefore, the Contractor is entirely and solely responsible for the proactive performance of any and all coordination needed with the District Civil Liaison

Office (DCL), Civil Administration Departments, Ma'atz (Israeli National Roads Company), the

Israeli Police and any other relevant authority or utility that has jurisdiction over any portion of the area of land where the construction works will be conducted.

Coordination includes, but is not limited to, any work needed to obtain permits and approvals;

coordinating the movement of personnel, equipment and materials to and from the project site;

and any other coordination required by the relevant authorities to ensure no hindrance of the timely scheduled completion of the project. The Contractor will coordinate its activities as needed prior to, during and after construction is completed.

Furthermore, prior to starting any work, the Contractor shall submit for the Construction

Management Contractor’s (CMC’s) review and approval its safety plan and also a traffic plan that is pre- approved by the appropriate Israeli authorities. In the absence of a viable traffic plan with alternative routes/detours to reroute traffic during construction, the contractor must be prepared to work nightshifts to minimize congestion on open traffic lanes. [The contractor should price its proposal accordingly.]

Any detours shall be leveled and maintained up to working standards and to safely accommodate actual traffic levels throughout the implementation period.

Prior to starting any road marking work, the contractor shall submit for the CMC’s review and approval a final road marking plan that is pre-approved by the appropriate Israeli authorities.

The final road marking plan must also be accompanied by a narrative that describes how each element of the plan will be implemented.

C.4 REQUIREMENTS OF NOTE

The contractor shall note the following requirements These requirements of note do not relieve the contractor of its obligation to comply with all other IQC and Task Order requirements, terms and conditions.

A. EXISTING CONDITIONS

Existing Conditions called out in Attachment J-6.A.3 and subattachments (Task Order -ROAD-

Specifications) that require special attention:

1- Use of barriers during the course of construction: Section 01040- Site Conditions and Coordination- Part 1.17-Coordination with Local Authorities and Section

01550-Part 1.2C- Traffic Control. The cost (purchase and/or rental) of the barriers and the Traffic control devices shall be included in the Contractor’s overall bid.

2- The Contractor shall demonstrate the ability to implement Fast-Track activities:

Section 01310- Parts 1.1B & 1.2.C.e.4.

The Contractor must utilize only pre-cast concrete Jersey Barriers acceptable to and approved by the CMC. Jersey Barriers must be used to separate any working traffic lanes from ongoing construction work, as well as to protect pedestrians and re-route traffic during construction.

Other alternatives, such as water-filled barrels or sand-filled plastic barriers, are not acceptable and will not be considered for the performance of this Task Order.

In instances where construction is taking place alongside working traffic lanes, the Contractor must also install screened fencing or other opaque barriers reaching to a height of at least two (2) meters from the working roadway to protect pedestrians and vehicular traffic from construction and also to minimize potential traffic congestion on the working traffic lanes.

B. CMC’S FIELD OFFICES

The Contractor shall provide field offices, equipment and services for the CMC at the project site in accordance with Specifications Section 01590 – ENGINEER’S PRIMARY FIELD OFFICES, EQUIPMENT AND SERVICES

The primary field offices, including all equipment and services specified, shall be supplied by

CONTRACTOR in the following quantity: One (1) primary field office under this Task Order

(total one (1) under this Task Order).

C.5 PROJECT COMPLETION AND TURNOVER ACTIVITIES

The contractor shall prepare and submit final as-built drawings of completed work. If applicable, the contractor shall also prepare and submit operation and maintenance manuals for all major systems and ensure the proper start-up and usability of each separate project. In addition, the contractor shall prepare contract closeout and turnover documentation pertaining to construction according to contract requirements. Unless otherwise indicated, the contractor shall provide a one year warranty as described in Sections I.1 and I.2 of this RFTOP.

END OF SECTION C

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. As a general rule, marking is not required for raw materials shipped in bulk (such as cement, aggregate, 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 POLICY

Branding Strategy Implementation and Marking under this contract shall comply with the

―USAID Graphics Standard Manual‖ available at www.usaid.gov/branding and any successor branding policy, as detailed in ADS Chapter 320.

D.3 BRANDING STRATEGY

Objective: To provide prospective offerors with areas to be addressed in the development of the

Branding Implementation Plan and the Marking Plan to deliver the message that the assistance is from the American people.

Program Name: USAID/West Bank - Gaza – Local Construction Program (LCP)

Counterparts: Palestinian Authority (PA) counterparts and/or Provincial /Municipal

Governments will be acknowledged by their identities on similar standing as USAID, strictly following USAID Marking regulations.

Level of visibility: In the Local Construction Program (LCP) USAID identity will have a high level of visibility in cases in which its audience needs to grasp the extent of the aid provided by the American people; in cases in which its audience needs to perceive the ownership of the program, the visibility will be at a medium level; and in cases in which its audience would react negatively to USAID identity visibility, it will be kept at a low profile level.

Anticipated elements of a marking plan: Deliverables to be marked include products, equipment and inputs delivered; prominent signage in places where program activities are carried out (see below); external public communications, studies, reports, publications and informative and promotional products; and workshops, conferences, fairs and any such events. Disclaimers will be used in the case of materials whose publication USAID is funding but not fully supporting in its contents and should read: USAID will not be held responsible for any or the whole of the contents of this publication.

USAID’s web page contains the electronic version of the Graphic Standards Manual that is compulsory for all contractors (www.usaid.gov/branding).

PROJECT SIGNS

The Contractor shall provide temporary and permanent project signs at the project site in accordance with Specifications Section 01580 – PROJECT SIGNS. The project signs shall be supplied by the Contractor in the following quantity:

Permanent project signs: One (1) for each project, total one (1) for this Task Order

Temporary project signs: Two (2) for each project, total two (2) for this Task Order

The Contractor must commence fabrication of the temporary project signs immediately after receipt of the respective Notice to Proceed (NTP) for each project. The Contractor must install the temporary signs prior to the commencement of any work at the project site.

The Contractor’s schedule to fabricate and install the permanent project signs shall be determined through consultation with and the consent of the CMC.

The location of all temporary and permanent project signs shall be determined through consultation with and the consent of the CMC.

END OF SECTION D

SECTION E

INSPECTION AND ACCEPTANCE

E.1 TASK ORDER PERFORMANCE EVALUATION

Task Order performance evaluation shall be performed in accordance with the Local

Construction Program (LCP) IQC Section E.3 ―Performance Evaluation‖.

E.2 INSPECTION AND ACCEPTANCE

Task Order inspection and acceptance shall be performed in accordance with the Local

Construction Program (LCP) IQC Section E.2 ―Inspection and Acceptance‖

USAID inspection and acceptance of service, reports and other required deliverables or outputs shall take place at:

USAID/West Bank and Gaza

Water Resources and Infrastructure Office th floor, Hamered Street 25

Tel Aviv, Israel or at any other location where the services are performed and reports and deliverables or outputs are produced or submitted. The COR listed in Section G.3 has been delegated authority to inspect and accept all services, reports and required deliverables or outputs.

END OF SECTION E

SECTION F

DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

The period of performance for this Task Order is two- hundred ten (210) calendar days from the date of USAID’s issuance of the Notice to Proceed (NTP) to the date of project completion.

F.2 DELIVERABLES

Deliverables are as described in Sections C and F.5 and as defined in the attachments of Section

J of this document.

F.3 PLACE OF PERFORMANCE

The place of performance under this Task Order is the West Bank.

F.4 AUTHORIZED WORK DAY / WEEK

The length of the contractor's workday and workweek shall be in accordance with the contractor's established policies and practices and shall be specifically defined in the

Contractor’s Construction Schedule.

The Contractor is encouraged to extend working hours within the boundary of safe working practices and community considerations in order to accomplish the works in the minimum time possible. Implementation of the works in an efficient, rapid manner will reflect positively not only on the Contractor, but on the project as a whole.

Work will not, however, be allowed to proceed after dusk without adequate light to perform the work to the highest standards that would be achievable in daylight. In the absence of viable alternative routes/detours to reroute traffic during construction, the Contractor must be prepared to work nightshifts to minimize congestion on open traffic lanes.

F.5 REPORTS AND OTHER DELIVERABLES

In addition to the requirements set forth for submission of reports and other deliverables in

Sections D.3, E.1, F.2 and H.9 of this Task Order and in accordance with AIDAR clause

752.242-70, Periodic Progress Reports, the Contractor shall submit reports, deliverables or outputs as further described below.

Reports and other deliverables requirements shall conform to Sections F.7 of the LCP IQC.

The Contractor shall provide two (2) hard-copies of each report to USAID, except for the final report which will require three (3) hard-copies. USAID will distribute these reports as it deems appropriate.

In addition to hard copies, the Contractor shall provide the USAID COR and the Contracting

Officer with an electronic message or email containing each report in MS Office format (MS

Word and MS Excel as appropriate). Financial sections of any reports or plans must be submitted in MS Excel. An Adobe Acrobat (.PDF) electronic copy shall also by submitted to serve as a complete integrated electronic copy of the respective report as delivered in hard-copy.

List of Task Order Progress Reports:

The Contractor shall maintain documentation of official acceptance by the COR of the reports and deliverables required under the Task Order in accordance with the above. USAID reserves the right to adjust the level of reporting during the performance of this Task Order.

All reports must be submitted to the following address (in addition to the hard copies, an electronic copy shall be provided for all reports):

USAID/West Bank and Gaza

COR: As specified in the COR designation letter to be provided under the award

25 Hamered Street. 10th Floor

Tel Aviv, Israel

Tel: 972-3-511-4848

Fax: 972-3-511-4888

Deliverables/Report Delivery Schedule

Baseline CPM Schedule Due no later than 28 days after issuance of Notice to

Proceed.

Safety Program (Safety Plan) Due no later than 28 days after issuance of Notice to

Proceed and prior to commencement of any construction activity.

Traffic Plan Due no later than 28 days after issuance of Notice to

Proceed, and prior to commencement of any construction activity.

Quality Control Program (QCP) Due no later than 28 days after issuance of Notice to

Proceed and prior to commencement of any construction activity.

Environmental Mitigation and Monitoring Plan Due no later than 28 days after issuance of Notice to

Proceed, and prior to commencement of any construction activity.

Daily Reports Due no later than 9:00 a.m on the following work day.

Monthly Progress Reports Due within 5 days after the end of each month

Final Report Draft Report due within 30 days from final acceptance of the project, Final Report due within

90 days from final acceptance of the project.

TraiNet Reporting When applicable in accordance with ADS 253.

Geo-Mis Reporting Initial report shall be submitted within 30 days from approval of the Baseline CPM Schedule with follow-on reports following every thirty (30) days

(monthly) thereafter.

F.6 RATES FOR LIQUIDATED DAMAGES

Time is of the essence in the performance of this Task Order. In accordance with section ―I.3

Liquidated Damages – Construction‖, USAID and the Contractor agree that as liquidated damages for delays, the Contractor shall pay USAID the following amounts for each calendar day of performance that extends beyond the respective completion date specified in Section F.1, except as agreed to in writing by USAID.

Project

Number Project Name

Liquidated Damages

Daily Rate (US$)

1 Biddu Beit Anan Road $3,353

Total liquidated damages under this task order shall therefore be calculated as follows:

(Total Calendar Days of Project 1 Delays) x (US$3,353)

= (TOTAL LIQUIDATED DAMAGES UNDER THIS TASK ORDER)

F.7 INSURANCE

The Contractor shall purchase and maintain the insurance required under this Paragraph. Such insurance shall include the specific coverage set out herein and be written for not less than the limits of liability and coverage required by applicable laws or regulations. All insurance shall be maintained continuously during the life of the Agreement up to the date of final completion and acceptance of the contract work, as well as at all times thereafter when the Contractor may be correcting, removing, or replacing Defective Work.

The Contractor’s liabilities under this Agreement shall not be deemed limited in any way to the insurance coverage required.

All insurance required by the Contract Documents to be purchased and maintained by the

Contractor shall be obtained from insurance companies that are duly licensed or authorized to issue insurance policies for the limits and coverage so required in the West Bank. Such insurance companies shall have a current Best's Rating of at least an "A" (Excellent) general policy holder's rating and a Class VII financial size category.

The Contractor shall furnish USAID with certificates and original endorsements showing the type, amount, class of operations covered, effective dates and dates of expiration of policies. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, reduced in coverage, or renewal refused until at least 30 (thirty) days prior written notice has been given to USAID and additional insureds by certified mail. All such insurance required herein shall name the U.S. GOVERNMENT, the CMC, and their consultants and subconsultants and their officers, directors, agents, and employees as "additional insureds" under the policies.

At a minimum, the Contractor shall purchase and maintain the following insurance:

1. Commercial General Liability: This insurance shall be written in comprehensive form and shall protect the Contractor against all claims arising from injuries to persons other than its employees or damage to property of USAID or others arising out of any act or omission of the Contractor or its agents, employees, or subcontractors. The policy shall also include protection against claims insured by personal injury liability coverage and contractual coverage to insure the contractual liability assumed by the Contractor under the indemnification provisions in the

General Conditions.

2. Commercial Automobile Liability: This insurance shall be written in comprehensive form and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles, and shall cover operation on or off the Site of all motor vehicles licensed for highway use, whether they are owned, nonowned, or hired.

3. Subcontractor's Public Liability and Property Damage Insurance and Vehicle

Liability Insurance: The Contractor shall either require each of the subcontractors to procure and to maintain subcontractor's public liability and property damage insurance and vehicle liability insurance or insure the activities of the subcontractors under the Contractor’s own policies.

4. Builder's Risk: This insurance shall be of the "all risks" type, shall be written in completed value form, and shall protect the Contractor, Subcontractors, USAID, and the CMC, against risks of damage to buildings, structures, and materials and equipment (including any stored off-site and while in transit), Contractor's equipment, debris removal and including demolition and contingent loss occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for CMC'S services and expenses required as a result of such insured loss. The amount of such insurance shall be not less than the insurable value of the Work at completion plus equipment. Builder's Risk insurance shall provide for losses to be payable to the Contractor and USAID, as their interests may appear. This insurance shall contain a provision that in the event of payment for any loss under the coverage provided, the insurance company shall have no rights of recovery against the Contractor, USAID, and the

CMC.

This insurance shall insure against all risks of loss (including earthquake, flood and collapse) and, at the option of USAID, shall include comprehensive boiler and machinery coverage including coverage for installation and testing.

END OF SECTION F

SECTION G

TASK ORDER ADMINISTRATIVE DATA

G.1 CONTRACTUAL DIRECTION AND DESIGNATION OF RESPONSIBLE USAID

OFFICIALS

Mr. Bruce Gelband

Contracting Officer

USAID West Bank and Gaza

Office of Contracts Management th floor, Hamered Street 25

Tel Aviv, Israel

G.2 CONTRACTING OFFICER'S AUTHORITY

The Contracting Officer is the only person authorized to make or approve any changes in the requirements to this Task Order and notwithstanding any provisions contained elsewhere in this

Task Order, the said authority remains solely with the Contracting Officer. In the event the

Contractor makes any changes at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment shall be made in the contract terms and conditions, including price.

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The Contracting Officer’s Representative (COR) for this task order shall be designated in writing and shall represent the:

Office of Water Resources and Infrastructure

USAID West Bank and Gaza c/o American Embassy

71 Hayarkon Street

Tel Aviv

The Contracting Officer identified in Section G.1 of this Task Order will issue a letter appointing the Contracting Officer’s Representative (COR) and will provide a copy of the designation letter to the Contractor.

G.4 TECHNICAL DIRECTION

Technical direction will be in accordance with the Local Construction Program (LCP) IQC

Section ―G.5 Technical Directions/Relationship with USAID‖.

G.5 INVOICES

In accordance with the Local Construction Program (LCP) IQC Section ―I.10 52.232-27 Prompt

Payment for Construction Contracts (Sept 2005)‖, One (1) original of each invoice shall be submitted on an SF-1034 ―Public Voucher for Purchases and Services Other Than Personal‖ to the Financial Management Office/USAID/West Bank and Gaza. One (1) copy of the voucher and the invoice shall also be submitted to the COR.

The SF-1034 must be signed, and it must be submitted along with the invoice and any other documentation in Adobe Acrobat format (.PDF).

Vouchers/Invoices should be faxed to Fax number: 972-3-511-4888 (Attention FMO) or emailed to: wbgvouchers@usaid.gov. Electronic submission of invoices is encouraged.

Paper Invoices shall be sent to the following address:

The paying office is:

Financial Management Office

USAID/West Bank and Gaza

9700 Tel Aviv Place

Washington DC 20521-9700 and

The invoicing office for this Task Order is the CMC firm:

Black & Veatch Special Projects Corp.

Al Amal Building, Mecca Street

Al Balou’a, Al Bireh, West Bank

Tel: 02-294-7800

Fax: 02-242-2088

G.6 ACCOUNTING AND APPROPRIATION DATA

Req No.:

Budget Fiscal:

Operating Unit: WRI

Strategic Objective: 14

Team/Division: WRI

Benefiting Geo Area: 294

Amount Obligated:

END OF SECTION G

mailto:wbgvouchers@usaid.gov

SECTION H

SPECIAL TASK ORDER REQUIREMENTS

H.1 KEY PERSONNEL

The Contractor shall provide the following key personnel for the performance of this task order.

Key personnel shall be under the direct employ of the Prime Contractor for the duration of all work activities under this Task Order. Subcontractor staff will not be accepted as a substitute to fulfill this requirement.

Key Personnel Position Assigned to Quantity

Project Manager Task Order 1 (one)

Quality Control Manager Task Order 1 (one)

Safety & Environmental Compliance Officer Task Order 1 (one)

The following are the minimum required qualifications for the key personnel:

Project Manager:

- BS degree or higher in Civil Engineering ;

- Significant experience of not less than ten (10) years in construction management of infrastructure of a similar type and size to the construction work required under this task order;

- Significant experience of not less than five (5) years of the experience shall be in developing countries with infrastructure needs and programs similar to those of the West Bank/Gaza;

- Must be knowledgeable of U.S Government construction contracting requirements.

Quality Control Manager:

- BS Degree or higher in Civil Engineering;

- Significant experience of not less than eight (8) years in quality control/assurance of infrastructure construction of similar type and size to the construction work required under this task order;

- Qualifications in establishing and managing quality control programs;

This position shall not directly report to the Project Manager. Lines of authority shall clearly demonstrate who this position will be reporting to in the Contractor’s organizational structure.

Minimum required qualifications are as follows:

Safety and Environmental Compliance Officer:

- BS in Civil Engineering

- Significant experience of not less than 5 years in safety and environmental compliance.

All key personnel must be present at Task Order sites on a full time basis throughout the construction period. The Project Manager must be present at his/her respectively assigned construction site on a full- time basis throughout the construction period.

The key personnel specified above are considered to be essential to the work being performed under this Contract and will be subject to reference checks. Any false statements included within the resumes may result in the disqualification of the offeror’s proposal.

Prior to replacing any of the specified individuals, the Contractor will immediately notify the

COR reasonably in advance and shall submit written justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact of the replacement on the program. No replacement of key personnel will be made by the Contractor without the prior written consent of the COR. Any substitute or replacement candidate must have equal or greater qualifications than the key personnel he/she is proposed to replace.

H.2 LANGUAGE REQUIREMENTS

All deliverables shall be produced in English. All correspondence shall be in the English language. At all times when any performance of the work at the site(s) is being conducted by any member of the Contractor or its subcontractors, the Contractor shall have at least one of its Task

Order key personnel present on the site capable of explaining the work operations, receiving instructions and effecting necessary documentation and reporting in the English language.

H.3 GOVERNMENT FURNISHED FACILITIES OR PROPERTY

(a) The Contractor and any employee or consultant of the Contractor is prohibited from using U.S. Government facilities (such as office space or equipment), or U.S. Government clerical or technical personnel in the performance of the services specified in the task order, unless the use of Government facilities or personnel is authorized in advance, in writing, by the

Contracting Officer.

(b) If at any time it is determined that the Contractor, or any of its employees or consultants, have used U.S. Government facilities or personnel either in performance of the contract itself, or in advance, without authorization, in writing, by the Contracting Officer, then the amount payable under the contract shall be reduced by an amount equal to the value of the

U.S. Government facilities or personnel used by the Contractor, as determined by the

Contracting Officer.

(c) If the parties fail to agree on an adjustment made pursuant to this clause it shall be considered a "dispute" and shall be dealt with under the terms of the "Disputes" clauses of the contract.

H.4 RESERVED

H.5 CONTRACTOR’S STAFF SUPPORT, ADMINISTRATIVE, AND LOGISTICS

ARRANGEMENTS

The Contractor is responsible for all administrative support and logistics required to fulfill the requirements of this task order. These include all travel arrangements, appointment scheduling, secretarial services, report preparation services, printing, and duplication.

H.6 ORDER OF PRECEDENCE OF CONTRACT DOCUMENTS

The order of precedence of the documents forming this contract shall be as follows:

1. Indefinite Quantities Contract (LCP Basic IQC);

2. Executed Task Order Contract and subsequent modifications;

3. Division I Specification Sections, Jordanian Specifications for Highway and Bridge

Construction - Volumes I-V., Design Drawings, Bills of Quantities and RFTOP amendments and other supporting documents;

4. The Contractor’s Proposal in response to this RFTOP.

All documents listed in item 3 above are considered complementary to each other. However, if a discrepancy is noted, it should be brought to the immediate attention of the Contracting Officer for a final determination.

H.7 USAID/WEST BANK AND GAZA NOTICES

The Contractor shall fully comply and adhere to all USAID West Bank and Gaza Mission

Notices to Contractors and Grantees. The notices are posted on the USAID West Bank and Gaza website under ―Partner Resources‖, and can be also found under the following link:

http://www.usaid.gov/wbg/PartnersResources.html

H.8 SUBCONTRACTORS

Any and all subcontractors required by the Contractor for completion of construction work required under this Task Order shall each be registered with the Palestinian Contractors’ Union.

Subcontractors that do not have the required registration shall not be allowed under this Task

Order.

This requirement applies only to subcontractors engaged in construction or installation work in the West Bank. Equipment manufacturers and material suppliers are exempt from this requirement.

http://www.usaid.gov/wbg/PartnersResources.html

All subcontractors shall be limited to individuals and firms that are specifically identified in the

Contractor’s technical proposal and accepted by the Contracting Officer prior to award.

Following award, the Contractor shall obtain the Contracting Officer’s written consent before making any substitution of any subcontractors.

H.9 INDICATORS AND DATA QUALITY STANDARDS

In accordance with USAID ADS 578.3.4.2, program and development activity performance, results and evaluation reports, press releases, employment information, and other covered information must be prepared in accordance with the standards in ADS 203, 501, 540, 557, and other applicable guidance.

To support USAID’s program goals, the Contractor will report on the following indicators in

Section H.9.1 below for entry by the A/E firm into the Geo-MIS system, in accordance with the

LCP Basic IQC Section F.7 ― Geographic Management Information System (Geo-MIS).‖

H.9.1 INDICATORS

Roads Sector Task Order Contract Indicator 1: Number of kilometers of transportation infrastructure constructed or repaired though USG assistance.

This indicator is measured by the number of kilometers of transportation infrastructure, such as regional roads and municipal roads, which are constructed or repaired through USG assistance under this Task Order. A target estimate is to be provided by the Contractor at the time of the first Geo-MIS report. This indicator will be measured and reported on at the completion of the task order.

Roads Sector Task Order Contract Indicator 2: Person Days of employment generated

This indicator is measured by the number of person days of employment generated by this Task

Order. The Contractor must measure person days of employment directly generated by construction work on site. It is recognized that, while this data may extend well beyond the immediate employment generated by this Task Order, this data will be measured by the

Contractor at the ―prime‖ and ―first tier‖ subcontractor level only. The Contractor will measure this daily during Task Order implementation through time cards. Neither expatriate person days of employment (i.e. those worked by American or other Third Country National staff) nor management nor administrative person days of employment (i.e. program level and other general and administrative staff shared among multiple task orders) shall be included in the Geo-MIS related reporting. A target estimate is to be provided by the Contractor at the time of the first

Geo-MIS report.

This indicator will be measured daily and reported on a monthly basis in each Geo-MIS report in accordance with Section F.7 of the LCP IQC. The data shall be further reviewed and reported on at the completion of the task order.

H.9.2 DATA QUALITY STANDARDS

To be useful in managing for results and credible for reporting, the Contractor shall ensure that the data it reports for the Geo-MIS system for each activity under this Task Order meets

USAID’s five (5) data quality standards as defined in ADS 203.3.5.1. In any instances where the

Contractor is aware that performance data will not fully meet all five (5) standards, the known data limitations should be documented and submitted to the COR.

The USAID Architecture and Engineering/Construction Management Consulting (A/E or alternately CMC) firm is tasked by USAID with conducting periodic audits to ensure that data provided by the Contractor conforms to USAID’s five (5) data quality standards. The Contractor shall make its data collection procedures, methodologies, source files, records and documents

(and any other source that data was obtained or calculated from) available to USAID and/or the

CMC firm within two (2) business days of request by either USAID or the CMC firm so that the

CMC firm or USAID can review for conformance to the following data quality standards.

a. Validity. Data should clearly and adequately represent the intended result. While proxy data may be used, the Contractor must consider how well the data measure the intended result. Another key issue is whether data reflect a bias such as interviewer bias, unrepresentative sampling, or transcription bias.

b. Integrity. Data that are collected, analyzed, and reported should have established mechanisms in place to reduce the possibility that they are intentionally manipulated for political or personal reasons. Data integrity is at greatest risk of being compromised during data collection and analysis.

c. Precision. Data should be sufficiently precise to present a fair picture of performance and enable management decision-making at the appropriate levels. One key issue is whether data are at an appropriate level of detail to influence related management decisions.

A second key issue is what margin of error (the amount of variation normally expected from a given data collection process) is acceptable given the management decisions likely to be affected. In all cases, the margin of error should be less than the intended change; if the margin of error is 10 percent and the data show a change of 5 percent, the USAID

Mission/Office will have difficulty determining whether the change was due to the

USAID activity or due to variation in the data collection process. USAID

Missions/Offices should be aware that improving the precision of data usually increases the cost of collection and analysis.

d. Reliability. Data should reflect stable and consistent data collection processes and analysis methods from over time. The key issue is whether different analysts would come to the same conclusions if the data collection and analysis processes were repeated.

USAID Missions/Offices should be confident that progress toward performance targets reflects real changes rather than variations in data collection methods. When data collection and analysis methods change, the PMP should be updated.

The Contractor shall seek USAID COR approval prior to proceeding with any variation in data collection methods.

e. Timeliness. Data should be timely enough to influence management decision-making at the appropriate levels. One key issue is whether the data are available frequently enough to influence the appropriate level of management decisions. A second key issue is whether data are current enough when they become available.

END OF SECTION H

SECTION I

CONTRACT CLAUSES

I.1 FAR 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of one (1) year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of one (1) year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Government-owned or controlled real or personal property, when that damage is the result of--

(1) The Contractor's failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced shall run for one (1) year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall—

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the

Contracting Officer.

(h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the

Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government or for the repair of any damage that result from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government's rights under the Inspection and

Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

I.2 LETTER OF GUARANTY OR BOND

Within fourteen (14) calendar days after the date of Task Order award, the Contractor shall furnish the Contracting Officer a Bank Letter of Guaranty (Guaranty) or other acceptable surety from an established bank, insurance company or financial institution that meets the approval of the Contracting Officer for the performance of all work in this Task Order.

The guaranty shall be in the amount of 10% of the Task Order value. The guaranty shall be dated as of the Task Order award date or no more than fourteen (14) calendar days thereafter.

The guaranty shall state that it will continue in effect for one year after the date of the last work accepted by the Government under this task order, in the amount of 5% of the Task Order value.

The guaranty shall also state that the bank/surety agrees and consents that the task order may be modified by change order or supplemental agreement without affecting the validity of the guaranty.

I.3 52.211-12 LIQUIDATED DAMAGES - CONSTRUCTION (SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount specified in section F.6 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause cited in Section I.1 of the LCP Basic

IQC.

I.4 52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within

10 days from the beginning of the delay, or within such further period as may be granted by the

Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.

END OF SECTION I

SECTION J

LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

Attachment J-6.A.2 Task Order -ROAD- Cost Proposal Form (Bill of Quantity)

Attachment J-6.A.3 Task Order -ROAD- Specifications

Attachment J-6.A.3.a Task Order -ROAD- Jordanian Specs-Volume I

Attachment J-6.A.3.b Task Order -ROAD- Jordanian Specs-Volume II

Attachment J-6.A.3.c Task Order -ROAD- Jordanian Specs-Volume III

Attachment J-6.A.3.d Task Order -ROAD- Jordanian Specs-Volume IV

Attachment J-6.A.4 Task Order -ROAD- Drawings

Attachment J-6.A.5 Task Order -ROAD- GeoTechnical Investigation Report

Attachment J-6.A.6 Task Order -ROADS- Environmental Mitigation Measures and Actions

All attachments must be collected from the CMC’s office on September 27, 2012, between the hours of 09:00 and 15:00 (Tel Aviv time).

The CMC’s office address and contact person for these documents are as follows:

Ms. Ruba Abu Hamdia

Black & Veatch Special Projects Corp., Al Amal Building, Mecca Street, Al Balou’a, Al Bireh, West Bank.

Mobile Number: 059 5930960.

END OF SECTION J

SECTION K

REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS

K.1 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION

(APR 1985)

(a) The offeror certifies that—

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to—

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory—

(1) Is the person in the offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or

(2)(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision ____________________ [insert full name of person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror’s organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

K.2 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

The offeror is to modify Clauses (a) and (b) below as applicable.

The offeror represents that—

(a) It [has] [has not] participated in a previous contract or subcontract subject to the Equal

Opportunity clause of this solicitation;

(b) It [has] [has not] filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

END OF SECTION K

SECTION L

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 GENERAL

The Government anticipates the award of one (1) Firm Fixed Unit Price Task Order as a result of this RFTOP. However, the Government reserves the right to make no award or partial award of selected projects.

L.2 ACQUISITION SCHEDULE

The schedule for this acquisition is anticipated to be as follows:

Action Anticipated Date

Pre-Bid Conference To be determined via amendment to the RFP

Site Visit To be determined via amendment to the RFP

All Questions relating to this RFTOP must be submitted to Ms. Hourig DelDelian, Sr.

Contracting Specialist, at hdeldelian@usaid.gov via email with a copy to the Contracting

Officer at bgelband@usaid.gov at the date and time specified in the RFP cover page.

Unless otherwise notified by an amendment to the RFTOP, no questions will be accepted after this date and time. Offerors must not submit questions to any other USAID staff, including the technical office, regarding either the Task Order or the basic IQC. All deadlines are based on a COB time of 16:00 Tel Aviv local time.

L.3 GENERAL INSTRUCTIONS TO OFFERORS

a) RFTOP Instructions: If an offeror does not follow the instructions set forth herein, the offeror’s proposal may be eliminated from further consideration or the proposal may be down-graded and not receive full or partial credit under the applicable evaluation criteria.

If an offeror does not understand the instructions in Section L of this Solicitation, then s/he should write to the USAID staff listed above in Section L.2 of this RFTOP for clarification.

b) Accurate and Complete Information: Offerors must set forth full, accurate and complete information as required by this RFTOP.