SOL-294-12-000008.pdf

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Mr. Bruce Gelband Mr. Bruce Gelband

Contracting Officer Contracting Officer

USAID/West Bank-Gaza USAID/West Bank-Gaza

Office of Acquisition and Assistance Office of Acquisition and Assistance th Floor, 25 Hamared Street, 10 th Floor, 25 Hamared Street, Tel-Aviv – Israel Tel Aviv – Israel

1. SOLICITATION NO. 2. TYPE OF SOLICITATION 3. DATE ISSUED 4. PAGE OF PAGES

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

A. NAME B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

10. This indefinite quantity contract will provide USAID with a range of multidiscipline construction services in the transportation, water and other infrastructure sectors.

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES," indicate within how many calendar days after award in Item 12B.)

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 4-85) STANDARD FORM 1442

Prescribed by GSA

FAR (48 CFR) 52.236-1(e)

NSN 7540-01-155-3212

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION, OFFER

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL: Hourig DelDelian 03-511-4821

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within fifteen calendar days and complete it within the period specified in each task order after receiving award, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________.)

X YES NO 14

A. Sealed offers in original and ______5__ copies to perform the work required are due at the place specified in Item 8 by: See RFP cover page.

If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due

B. An offer guarantee x is, is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference

. X

D. Offers providing less than _120_ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

RFP No. 294-12-000008 X September 24,2012

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14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO.

16. REMITTANCE ADDRESS

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __120________ calendar days after the date offers are due.

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20B. SIGNATURE 20C. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c) ( )

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

28. NEGOTIATED AGREEMENT 29. AWARD Your

Contractor agrees offer on this solicitation, is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work, requisitions identified award consummates the contract. which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses representations, certification, and specifications or incorporated by reference in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER

TO SIGN

30B. SIGNATURE 30C. DATE 31B. UNITED STATES OF AMERICA

BY

OFFER

AWARD

STANDARD FORM 1442 BACK (REV. 4-85)

(Include ZIP Code) (Include area code)

(Include only if different than Item 14)

(Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

(The offeror acknowledges receipt of amendments to the solicitation - give number and date of each)

(Type or print)

(4 copies unless otherwise specified)

(Type or print) (Type or print)

(Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror)

(To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

RFP No. 294-12-000008 SECTION B

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PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this contract is to provide services that fall within the scope of the work specified in Section C for the Local Construction Program (LCP). USAID West Bank and Gaza Contracting Officers will request the work through the issuance of task orders during the ordering period as specified in Section F of the contract.

All work to be undertaken under the contract will be authorized in the form of Task Orders. Each Task Order will be competed (unless an applicable exception to Fair Opportunity applies) and issued separately.

B.2 CONTRACT TYPE AND SERVICES

This is an Indefinite Quantity Contract (IQC). The Government intends to issue Fixed Unit Price (FUP) task orders for the services required under this contract.

B.3 MAXIMUM CONTRACT CEILING

This is a multiple-award Indefinite Quantity Contract for the LCP with an overall shared ceiling price of

$300,000,000. The maximum aggregate dollar value of all task orders awarded to all contractors will not exceed the contract ceiling. This ceiling is not being subdivided among the number of awardees nor is it being multiplied by the number of awardees.

B.4 MINIMUM GUARANTEE

The minimum obligation under this contract is $25,000.00.

B.5 TASK ORDER LIMITATIONS

B.5.(a) Firm-Fixed-Unit Price (FFUP) Task Orders. When issuing FFUP task orders, the Contracting Officer will state the task order maximum price that will be paid to the contractor to perform the services, reports, or other deliverables in the task order.

B.5.(b) Minimum Order. Contractors are directed to Section I.6 ―52.216-19 ORDER LIMITATIONS (OCT

1995)‖ of this IQC.

B.5.(c) Maximum Order. Contractors are directed to Section I.7 ―52.216-19 ORDER LIMITATIONS (OCT

1995)‖ of this IQC.

B.5.(d) Notwithstanding the above, if issuance of a task order to, and acceptance of a task order by, the Contractor would: (1) result in the Contractor (or its personnel or its subcontractors or their personnel) having an organizational conflict of interest for which restrictions would be placed on the Contractor's (or its personnel's or its subcontractors' or their personnel's) future activities; or (2) violate the provisions of the Procurement Integrity legislation, i.e., Section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423), as amended by

Section 814 of Pub. L. 101-189 the Contractor, after written notification to the cognizant Contracting Officer, is not obligated to furnish those services or reports and other deliverables under this contract, and USAID may acquire the supplies or services from another source.

END OF SECTION B

RFP No. 294-12-000008 SECTION C

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SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1. PURPOSE

The purpose of this Indefinite Quantity Contract (IQC) is to obtain the services of multiple local West Bank &

Gaza entities (See section H.16) that are not owned or controlled by a government entity to implement Task

Orders for the construction or rehabilitation of roads, buildings, water, wastewater, public buildings including health facilities, schools, and other infrastructure works that USAID may specify and describe.

C.2 BACKGROUND

The success of a future Palestinian state depends upon an infrastructure system capable of providing basic services to a growing population. Prior to USAID intervention, years of underinvestment, poor maintenance, and a lack of repairs led to a serious deterioration of water, sewage, and roads networks; insufficient classrooms and recreational spaces for Palestinian youth; and insufficient health services. The donor community and USAID in particular have implemented an array of programs in the West Bank and Gaza (WBG) in order to address the critical infrastructure shortages. Despite their efforts, vast needs remain, with much of the public infrastructure in the West Bank and Gaza in need of major repair or expansion.

Nearly 30 percent of the road network in the West Bank is in poor or failed condition and many agricultural roads are beyond repair. Since 1993, unpaved roads have increased from 800 kilometers to around 2,400 kilometers and are being used as alternative routes, withstanding significantly more traffic load than originally intended. In addition, some ten percent (10%) of communities in the West Bank remain unconnected to water networks and only three percent (3%) of wastewater in the West Bank is treated.

According to the Palestinian National Development Plan 2011-13, ―Establishing the State, Building our Future,‖ the Palestinian National Authority’s strategic objectives include developing integrated and sustainable national infrastructure networks and maintaining the long-term quality, affordability and safety of infrastructure systems.

USAID continually monitors infrastructure activities implemented by all donors and the Palestinian Authority and identifies areas of neglect. Through the provision of the LCP, USAID will contract directly with local contractors, thus bolstering the local infrastructure sector by building its capacity and raising quality to meet U.S.

standards. Also, by improving and increasing basic services for Palestinians in the West Bank and Gaza, the program will support the foreign assistance goal of achieving two independent states, Israel and Palestine, living side-by-side in peace and security, through USAID Assistance Objective: Increase and improve access to public infrastructure and services.

C.3 STATEMENT OF WORK

The IQC holders will construct or rehabilitate roads, water, wastewater, buildings, schools, health facilities and other infrastructure to achieve USAID/WBG’s goal of increasing and improving Palestinian access to public infrastructure and services. Funding will be obligated under separate Task Orders which may be comprised of single or multiple projects at USAID’s discretion.

Each Task Order will be prepared, designed and issued by USAID with the support of USAID’s A&E contractor, host-country counterparts or others at USAID’s discretion. Task Orders will be then competed among all the IQC contractors selected for award through this solicitation. Task Order awards will be issued by the Contracting

Officer and will authorize the Contractor to proceed with the implementation of the Task Order.

The major types of programs under the LCP will likely vary, though roads and water are expected to represent the largest share. Illustrative types of construction activities may include, but are not be limited to:

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Construction and Rehabilitation of Roads;

Construction and Rehabilitation of Water Pumping Stations and Transmission Systems;

Construction and Rehabilitation of Schools;

Construction and Rehabilitation of Health Clinics and Hospitals;

Construction and Rehabilitation of Municipal and Local Government Infrastructure;

Construction and Rehabilitation of Wastewater Treatment Plant components and related infrastructure;

Construction and Rehabilitation of Youth and Sports Facilities;

Operation and Maintenance of Existing Infrastructure;

Design-Build construction programs across all the above disciplines;

Purchase of Materials and Equipment; and

Other related infrastructure construction programs, which may include any other infrastructure facilities identified as vital to the success of USAID strategic goals in the West Bank and Gaza (WBG).

Infrastructure activities specifically excluded under this statement of work are the following:

Power generation and transmission infrastructure;

Large-scale wastewater treatment plant facilities;

Provision of US equipment and materials for the Palestinian Authority or Palestinian entities; and

The mandatory work to be carried out by a respective Contractor under each respective Task Order Contract will be defined in the Task Order contract documents and comprises the permanent works (facilities and systems) to be constructed and commissioned and any other deliverables defined in the Task Order contract documents.

Operation and maintenance of facilities, including training services, and the complementary provision of other construction related services, such as but not limited to the procurement of equipment and materials for installation in the West Bank and Gaza may also be part of task orders.

C.4 SPECIFICATIONS AND DRAWINGS:

There are no designs, drawings or specifications available at this time. These will be developed as required for each specific Task Order and included in the respective Request for Task Order Proposal (RFTOP) that will be competed among selected IQC Prime contractors.

C.5 RESEERVED

C.6 LCP IMPLEMENTATION STRUCTURE

Work under LCP will be contracted out to local entities that are not owned or controlled by a government entity, selected under this IQC. Work will be implemented through Task Orders competed among IQC Prime

Contractors. The USAID A&E firm procured under a separate contract will provide design and construction management services to USAID.

As sole financing entity and principal implementer of work under the LCP, USAID can be considered contractually to fulfill the role of ―Owner‖ or alternately, ―Contracting Agency.‖ Contractually, USAID retains all the approval rights specified in each Task Order. Upon completion of construction and any contracted operation and maintenance period, the construction works will be formally handed over by USAID to the appropriate entity of the Palestinian Authority or other beneficiary.

―A&E firm‖ specifically refers to the U.S. Prime Contractor selected under a separate A&E solicitation and which will provide construction management and engineering services to USAID and assist in carrying out the works contracted for implementation under this IQC. The A&E firm holds direct contracts with USAID through a contract mechanism separate from the LCP IQC.

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In reference to LCP Task Orders, the A&E firm is responsible for performing design, contract administration and construction management activities on behalf of USAID as specified in the A&E firm’s contract with USAID.

This responsibility is further described in Section C.7 below.

―IQC Prime Contractors‖ or alternately ―Contractors‖ specifically refers to local entities that are not owned or controlled by a government entity selected for an award under this LCP IQC eligible to compete for Task Orders under this contract. The Contractors selected under this LCP IQC are responsible for providing USAID a full range of project implementation services consistent with the terms described in this IQC. Contractors will hold direct contracts with USAID, and will be entirely responsible and liable for proper and timely performance of all work awarded through Task Orders. This responsibility is further described in Section C.8.

C.7 A&E FIRM’S ROLE & RESPONSIBILITY IN THE PERFORMANCE OF TASK ORDERS

The USAID A&E firm provides engineering and construction management services for various multidiscipline infrastructure activities in the West Bank. The specific authorities and responsibilities of the A&E firm will be assigned in each task order, but shall generally include the following:

1. Engineering services consisting of, but not limited to: the preparation of feasibility studies, performance of necessary site surveys and geotechnical investigations, master planning, conceptual designs, environmental studies, project reports, plans, specifications, final designs and engineering cost estimates.

2. Construction Management services consisting of, but not limited to, providing overall direction and management of construction services, providing procurement services of major materials and equipment as ordered by USAID, contract administration and full construction management services to projects designated by USAID as well as providing related complementary and supplementary support activities for these projects.

In terms of the implementation of Task Orders, the A&E firm’s role is to perform contract administration and construction management activities on behalf of USAID. The A&E firm provides services to USAID relative to

Task Orders issued hereunder as defined in the A&E firm’s contract with USAID.

C.8 TASK ORDERS AND LCP CONSTRUCTION CONTRACTORS’ RESPONSIBILITY

All LCP implementation activities will be authorized by USAID through Task Orders issued by USAID.

Each Contractor shall be responsible to USAID for the efficient, successful, and timely implementation of all

Task Orders it is awarded, and its mandatory performance shall be in accordance with the respective Task Order statements of work, plans, specifications, budgets, schedules, quality and performance standards. Design-Build services may be utilized for certain construction projects under this IQC. In all cases, the development and refinement of shop drawings under the respective task orders shall be the sole and absolute responsibility of the

Contractor.

Contractors shall also be responsible for the timely provision, oversight and quality control of all related infrastructure services including regulatory and contract compliance, operations and logistics, permits and approvals needed from Palestinian and Israeli entities to enable implementation, safety, security coordination, and project utility relocation requirements in adherence with the priorities and schedules established by USAID and the Palestinian Authority in the contract documents. Additional information is provided in Section C.9, ―REQUIREMENTS APPLICABLE TO LCP CONSTRUCTION TASK ORDERS‖ on logistics and other mandatory support services necessary for implementation.

The Contractor shall act as USAID’s Prime Contractor for all Task Orders. It is mandatory for the Contractor to ensure the successful completion of all Task Order objectives and requirements including the provision of all required personnel, equipment, materials, systems, software, supplies and facilities and the means and methods required to plan, manage, supervise, coordinate, implement, inspect, report, construct, make or authorize payment, C-4 and expedite the completion of Task Order requirements in compliance with the terms and conditions specified in the respective task orders.

Additionally, in its leading role the Contractor must ensure the quality and consistency of all deliverables and all work performed; that Task Order contract durations and budgets are not exceeded and that quality specifications and standards are met.

The Contractor will retain full responsibility for the quality, timeliness and consistency of Task Order performance and deliverables in close and effective coordination with all relevant other parties including USAID, the A&E firm, other contractors, and relevant Palestinian and Israeli agencies and officials.

As such, effective contingency planning is a critical and mandatory factor of successful performance in the West

Bank and Gaza. The Contractor must utilize its expertise to mitigate the risks of issues including, but not limited to:

Competing resource and scheduling requirements across projects and Task Orders (both in terms of labor and equipment), Dispersed geographic distribution of concurrent Task Orders across different regions of the West Bank and Gaza, and

Implementation and coordination challenges posed by the sometimes contending positions of the Israeli

Civil Administration and Palestinian Authority on issues including archeological finds, utilities, landownership issues, checkpoint closures, sporadic curfews and other similar issues.

Although subcontracting is permissible, it is mandatory that Contractors exhibit the same level of professionalism and attention to detail as if they were self-performing the entire work.

Contractors shall invest in their success by securing the required expertise and additional equipment to strengthen and augment labor and equipment resources.

On occasion, the Contractors may be notified in respective RFTOPs that the A&E firm was tasked by USAID to procure long-lead materials and equipment in advance. In such instances, upon notice of Task Order award the

Contractor will coordinate directly with the A&E firm in order to take timely possession of the advance procured equipment and/or materials from the A&E firm.

The Contractor must ensure consistent quality of all deliverables and work products under awarded task orders as well as meeting the requirements in the task orders pertaining to contract scheduling, budget and quality. The

Contractor will further ensure that projects are implemented in accordance to the requisite safety and construction standards regardless of team composition and subcontractor mix.

C.8.1 Information Concerning Infrastructure Needs

It is anticipated that the majority of activities under the LCP serve the West Bank, Gaza and East Jerusalem.

a. Road Works:

USAID seeks to address the needs of communities through the construction of new regional, main and arterial roads as well as the widening and improvement of existing road segments to improve drainage, road safety and travel conditions in accordance with existing and projected traffic levels. Other illustrative activities under this program also include the resurfacing and rehabilitation of existing road segments deteriorated due to deferred maintenance.

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An important component of all work in the roads sector will include the identification, relocation, restoration or replacement of utility structures above and below the roadway including water, wastewater, storm water, natural gas, electricity, telephone, and communications lines as well as utility manholes located in the right-of-way and in the immediate vicinity of the roads. The Contractor will be responsible for obtaining the mandatory utility relocation permits and approvals and for effecting all necessary or mandatory utility relocation coordination with all relevant other parties including USAID, the A&E firm, other contractors, and relevant Palestinian and Israeli agencies and officials.

b. Water Supply Networks and Systems:

One of the greatest challenges facing this arid region is the widening gap between the dwindling water supply and increasing demand. In the West Bank and Gaza, where water supplies are drawn largely from over-exploited aquifers, USAID seeks to increase access to potable water by reducing losses from aging water systems and constructing or expanding pipelines, booster stations and reservoirs to improve the distribution of available water supplies.

c. Wastewater Collection Systems:

Untreated wastewater continues to increase in major urban areas in the West Bank. Raw sewage currently causes both local health problems and the potential for long term contamination of aquifers. This could impact future water supply options for both the Palestinians and Israelis. The Palestinian Water Authority (PWA) has expressed the highest priority need for the construction of regional wastewater facilities in different areas of the West Bank to address the lack of treatment facilities for major urban areas. Similar challenges exist in regards to solid waste management. Illustrative improvements in the wastewater collection and sanitation infrastructure sectors include the construction, expansion and/or rehabilitation of wastewater collection infrastructure.

d. Building Construction:

LCP may support infrastructure activities of other USAID/WBG offices in other sectors such as health, education, and local government. Illustrative activities may include, but are not limited to, public buildings such as schools, clinics, municipal and local government infrastructure, youth centers, sports centers, and other public facilities.

e. Procurements:

USAID may identify procurements needed to support project objectives which could be performed by the

Contractor(s) on a competitive basis. Illustrative activities include the procurement of locally or regionally available equipment such as construction, electrical, mechanical or any other equipment identified at a later stage by USAID.

f. Design-Build and other Infrastructure Related Services:

Evolving political/security conditions and other strategic factors may require USAID to expedite the completion of contemplated infrastructure projects. Illustrative activities include the design-build (and possibly fast-track) of facilities and infrastructure in any of the sectors contemplated in this Scope of Work.

Depending on the project and the state of Palestinian Authority (PA) capabilities to effectively operate and maintain facilities and other infrastructure implemented by USAID, illustrative activities also include the start-up, commissioning, operations and maintenance of infrastructure for eventual take over by the PA. At present these items are only an illustrative portion of the Statement of Work. They are retained as possible scope that may be implemented based on USAID’s priorities, objectives and the availability of funding. If this scope is implemented by USAID, the mandatory contractor team capabilities and experience requirements will be defined in the respective RFTOP(s) at such time as they are issued.

g. Other Infrastructure:

Subject to the terms contained herein, USAID may implement other infrastructure activities not specifically referenced above.

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C.8.2 CODES AND CONSTRUCTION STANDARDS

Construction work shall be executed in accordance with the mandatory country and local building and safety codes, ordinances and standards applicable to the project site as specified in each specific Task Order. In instances when the Contractor identifies conflicting standards, the contractor must request a determination of precedence from USAID. Otherwise, the more stringent and demanding standards shall be considered mandatory.

C.9 REQUIREMENTS APPLICABLE TO LCP CONSTRUCTION TASK ORDERS

This section provides an overview of the requirements that will likely be called for under LCP Task Orders.

Under LCP Task Orders with construction activities, it is mandatory that the respective Contractor provide the requisite management, oversight, labor, materials, and equipment needed to ensure fulfillment of all task order requirements.

C.9.1 Responsibility - As explained briefly in Section C.8 ― Task Orders and LCP Construction Contractors’

Responsibility‖, Contractors will be responsible for the provision, oversight, and quality control of all related infrastructure services including regulatory and contract compliance, operations and logistics, safety, security coordination, and project utility relocation requirements.

Work will vary from site to site and will require extensive local and sector-intensive experience to fulfill applicable construction task order requirements. The Contractor shall be responsible for fulfilling all the requirements of all applicable parts of the plans, specifications, requirements and conditions of the respective task order.

By becoming thoroughly familiar with conditions on the ground in the West Bank and with the various Israeli and

Palestinian Authority entities and utilities which must be coordinated with in the course of construction, the

Contractor can greatly enhance its capacity to complete construction and meet all requirements stated in the Task

Order documents.

C.9.2 Safety Standards and Safety Program – The Contractor, its subcontractors and vendors must all comply with the existing local labor laws, regulations, and labor standards. The Contractor must develop, formulate, execute and enforce a comprehensive and effective Safety Program to protect life, property and the enviroment with respect to all work performed under this contract, whether performed by the Prime Contractor or by subcontractors. The Safety Program must be consistent with FAR Clause 52.236-13, Accident Prevention, Alt 1, and internationally accepted safety programs for similar activities. This shall include the development and enforcement of an Accident Prevention Plan and/or a Site Specific Health and Safety Plan in line with generally accepted U.S. norms and task order requirements.

The Contractor shall monitor and enforce the construction team’s (to include all subcontractors) compliance with the Safety Program. The Safety Plan must be submitted to the A&E firm and approved by the Contracting

Officer’s Representative (COR) prior to the commencement of any construction activities.

C.9.3 Permits and Approvals –Construction permits will have been secured during the design phase. However, since some projects may be fully or partially located in Areas B or C, the Contractor will coordinate the timely achievement of any additionally required permits and approvals from the appropriate Israeli and Palestinian authorities, utilities and other pertinent entities to minimize interference with construction and regular operations.

For example, for roads partially or fully located in Area C, it is mandatory that the Contractor shall be responsible to perform any required coordination (prior, during and after the construction is completed) with entities including but not limited to the local District Coordination Liaison (DCL) and Beit El Civil Administration Departments, Ma'atz (Israeli National Roads Company) and the Israeli Police. Furthermore, prior to starting any work, the

Contractor shall submit for the Engineer’s review and approval a temporary traffic plan and a final road marking plan previously approved by the relevant Israeli and Palestinian authorities.

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The Contractor shall be familiar with, and work shall conform to, applicable codes governing the construction of facilities, as may be set forth in each Task Order.

C.9.4 Environmental Compliance – The Foreign Assistance Act of 1961, section 117, as amended, requires that the impact of USAID’s activities on the environment be considered and that USAID include environmental sustainability as a central consideration in designing and carrying out its development programs. The mandate is codified in Federal Regulations (22 CFR 216) and USAID’s Automated Directives System (ADS) part 204.

It is mandatory that the Contractor shall be responsible for performing all work in such a manner as to prevent and minimize the pollution of air, water, or land; to plan and implement preventative and effective noise and dust control measures; and to safeguard the other parameters of the environment and to protect the health and safety of people. All work must be performed in accordance with all applicable U.S. and Palestinian Authority (PA) environmental laws and regulations and in accordance with the environmental requirements and mitigation measures for individual Task Orders. Where there is a conflict between U.S. and PA law, the requirements more protective of health and the environment will be used. In no case will the requirements be less stringent than those required by U.S. law and regulation.

Contractors shall base environmental aspects of their work under each Task Order on mitigation measures and environmental guidelines provided by the A&E firm under the respective Request for Task Order Proposal

(RFTOP) issued.

The guidelines will include an environmental assessment checklist that must be completed and will also describe procedures for supervising construction activities to ensure that identified mitigation measures have been addressed as planned. For each Task Order, the Construction Contractor shall prepare an Environmental

Mitigation and Monitoring Plan that must be approved by the A&E firm prior to construction.

The A&E firm, with the Contractor’s participation if specified in the respective Task Order, will conduct Scoping

Session(s) and prepare Scoping Statement(s) and Environmental Assessment(s) (EAs) in accordance with USAID environmental regualtions at 22 CFR 216 for those projects that are likely to have significant negative environmental effects. The Scoping Statement and the Enviromental Assessment must be approved by the Bureau

Environmental Officer and the Mission Environmental Officer prior to the commencement of any construction work.

C.9.5 Quality Control (QCP) Program -The Contractor’s Quality Control Program (QCP) is a mandatory and integral component of the construction activities, and must be developed prior to commencing any construction / rehabilitation activities. Within 30 calendar daysof a Task Order notice to proceed (NTP), the Contractor must develop a Quality Control Program for the work involved and obtain USAID approval before proceeding with any construction activities.

The Contractor is responsible for quality control and for the development and maintenance of an effective QCP that is in compliance with all Task Order quality requirements. The quality control program shall consist of the plans and procedures necessary to produce an end product which complies with the Task Order requirements. The system shall cover all construction and design-review operations, both onsite and offsite, and shall be key to the proposed construction or design-review operations sequence. The Task Order Manager and/or Project

Superintendent will be held responsible for the quality of work performed under the respective Task Order.

The Task Order Manager or Project Superintendent in this context shall mean the on-site individual with the responsibility for the overall management of the project and/or task order.

C.9.6 Pre-Construction Conferences -The Contractor shall, when appropriate, conduct pre-construction conferences for each awarded Task Order to acquaint key personnel, subcontractors (if any), local authorities and inspectors and other involved parties with the procedures, lines of authority and the interrelationship with the monitoring activities of the Contractor, the A&E firm, USAID and others.

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C.9.7 Construction Risk Management Program (CRMP) –USAID may request this on a Task Order basis in the respective Request for Task Order Proposal (RFTOP).

C.9.8 Security- The Contractor shall be responsible, at no additional cost to USAID, for developing and implementing its own security plan to safeguard all project operations. The plan shall be adopted and followed by all subcontractors as well. The Contractor will address for each Task Order the security arrangements it has in place for the respective project site(s), equipment, and/or commodities.

C.9.9 Project Coordination - The Contractor shall coordinate, as required by either the contract or circumstances, with USAID, the A&E firm, officials of the Palestinian Authority and the Government of Israel

(GOI), and potentially other LCP Construction Contractors and representatives of the International Community and Non-Govermental Organizations (NGOs).

The Contractor shall be responsible for the coordination of all work performed under the Contract including scheduling of all work, delivery and warehousing of equipment and materials, establishing the work sequence, and completion of the work in accordance with the construction schedule and the specified time of completion.

The Contractor shall be responsible for the division and coordination of all work performed by subcontractors.

Contracts between the Contractor and its subcontractors shall completely describe the work to be performed by each subcontractor, and the division of work between trades or crafts will be solely a matter for agreement between the Contractor and its employees or subcontractors. A copy of subcontract documentation, less prices, shall be provided to the A&E firm on award of the sub-contract.

Subcontractors and subconsultants of the Contractor shall address all issues to the Contractor and not USAID or the A&E firm. Under certain special circumstances the A&E firm may chair meetings to address situations related to these parties.

The Contractor shall designate a representative(s) who shall meet with the Contracting Officer’s Representative

(COR) and the A&E firm and/or their designated representative(s) as specified in the respective Task Order or as required by the COR or the A&E firm in post award communications. During field visits, the Contractor will provide office space and other facilities to USAID representatives and the A&E firm as required and specified in the respective Task Order.

In order to ensure the timely movement of personnel, equipment and materials to and from construction sites, ongoing and close coordination will be especially important with the Israeli Civil Administration in Beit El, the respective Israeli District Civilian Liaisions, and the respective PA ministry or authority.

In cases where related infrastructure reconstruction projects are being implemented concurrently in the same site location, the respective Contractor shall closely coordinate its construction schedule(s) and monitor activity progress to assure proper coordination between the related projects and avoid delays or cost overruns related, for example, to having to excavate roadwork newly installed under one project for the installation of pipe under another project.

C.9.10 Imported Items and Long Lead Item Procurements- In cases where the Contractor or its subcontractors procure imported items, the Contractor shall ensure compliance with this contract’s mandatory source and origin requirements. The Contractor shall be responsible for achieving all licenses, permits and approvals required for items it intends to import for the performance of a respective Task Order.

Coordination with, USAID, the Palestinian Authority and the Government of Israel is mandatory for all imported items. The Contractor must provide all requisite information needed to achieve timely licenses, permits and approvals, and must maintain records of all issued licenses, permits and approvals.

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The Contractor must plan and coordinate the importation of long lead items to avoid any delays to project implementation. A major part of this planning and coordination involves ensuring that all requirements stipulated in local policies, rules and regulations have been met prior to the arrival of the imported items so that the items may be released from port and imported into the West Bank and Gaza without delay or hinderance.

On occasion, the Contractor may be notified in respective RFTOPs that the A&E firm was tasked by USAID to procure long-lead materials and equipment in advance. In such instances, upon notice of Task Order award the

Contractor must coordinate directly with the A&E firm in order to take timely possession of the advance procured equipment and/or materials from the A&E firm.

C.9.11 Gender Considerations

C.9.11.a GENERAL:

USAID strives to promote gender equality, in which both men and women have equal opportunity to benefit from and contribute to economic, social, cultural, and political development, enjoy socially valued resources and rewards, and realize their human rights.

An analysis identified four gaps within the infrastructure sector:

(1) Lack of gender sensitivity in community needs assessments;

(2) The infrastructure sector remains primarily male-dominated. Women are perceived as beneficiaries rather than contributors;

(3) Insufficient opportunities exist for women and youth to participate in maintenance training programs to enable new infrastructure business start-ups;

(4) Sex-disaggregated employment and infrastructure business data provides insufficient insights on the participation of women and men and other gender issues in infrastructure.

To address the gaps identified in the infrastructure sector, the gender analysis made the following recommendations for infrastructure related activities:

Adopt a comprehensive approach to women’s participation in the infrastructure sector.

Identify relevant gender indicators for infrastructure activities.

C.9.11.b CONTRACTOR’S GENDER ACTION PLAN:

[TO BE INSERTED AT THE TIME OF AWARD]

END OF SECTION C

RFP No. 294-12-000008 SECTION D

D-1

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 coal, grain, etc.), or for semi finished products which are not packaged.

(b) Specific guidance on marking requirements should be obtained prior to procurement of commodities to be shipped, and as early as possible for project construction sites and other project locations. This guidance will be provided through the COR 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

Markings under this contract shall comply with the USAID ―Graphic Standards Manual‖ available at www.usaid.gov/branding, or any successor branding policy. Contractors shall comply with Task Order specific branding strategies as required in RFTOPs. Any branding implementation plan and marking plan submitted by a

Contractor in response to a Task Order specific branding strategy will be incorporated into the task order upon

USAID approval.

END OF SECTION D

http://www.usaid.gov/branding

RFP No. 294-12-000008 SECTION E

E-1

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation

Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY

REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

52.236-2 DIFFERING SITE CONDITIONS APR 1984

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK APR 1984

52.246-2 INSPECTION OF SUPPLIES - FIXED PRICE AUG 1996

52.246-4 INSPECTION OF SERVICES - FIXED PRICE AUG 1996

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

E.2 INSPECTION AND ACCEPTANCE

USAID inspection and acceptance of services, reports and other required deliverables or outputs shall take place at the principle place of performance or at any location deemed appropriate by the Contracting Officer’s

Representative (COR), as identified in the Task Order or at any other location where the services are performed and reports and deliverables or outputs are produced or submitted. The COR, as referenced in Section G, will be designated at the time of award, and will be delegated authority to inspect and accept all services, reports and required deliverables or outputs.

E.3 PERFORMANCE EVALUATION

Interim and Final Contractor Performance Reports

(a) Performance Assessments: Task Order Performance Assessments shall be completed upon the completion of Task Order activities. Performance Assessments of the overall contract shall be completed annually and upon contract completion. The Contractor shall have 30 calendar days to comment on and/or rebut the performance assessment. The Agency shall consider the Contractor's comments or rebuttal and make a final determination.

(b) Interim Evaluations: For multi-year Task Orders over $100,000, interim past performance evaluations will be conducted after at least 12 months of performance have elapsed. Thereafter, interim evaluations will be conducted at the discretion of the Contracting Officer.

Evaluation of the Contractor's overall performance will be conducted in accordance with FAR 42.15 and corresponding USAID procedures. The Contractor’s performance will be evaluated annually and at contract completion, utilizing the performance standards set forth below.

Evaluation of the Contractor’s overall performance in accordance with the performance standards set forth herein shall be conducted jointly by the Contracting Officer’s Representative (COR) and the Contracting Officer, and shall form the basis of the Contractor's permanent performance record with regard to this contract.

RFP No. 294-12-000008 SECTION E

E-2

The factors to be assessed are:

i.Quality of Product or Service ii.Cost Control iii.Timeliness of Performance iv.Business Relations v.Customer Satisfaction vi.Effectiveness of Key Personnel and Subcontractors

(c) Evaluation of contractor performance under contracting for construction

Evaluation of contractor performance:

(a) Preparation of performance evaluation reports.

(1) The contracting activity shall evaluate contractor performance and prepare a performance report using the online NAVSEA Contractor Performance Assessment Reporting System (CPARS) for construction contracts found at http://www.cpars.csd.disa.mil/cparsmain.htm for each construction contract of—

(i) $500,000 or more; or

(ii) More than $10,000, if the contract was terminated for default.

(2) The report shall be prepared at the time of final acceptance of the work, at the time of contract termination, or at other times, as appropriate, in accordance with agency procedures. Ordinarily, the evaluating official who prepares the report should be the person responsible for monitoring contract performance.

(3) If the evaluating official concludes that a contractor’s overall performance was unsatisfactory, the contractor shall be advised in writing that a report of unsatisfactory performance is being prepared and the basis for the report. If the contractor submits any written comments, the evaluating official shall include them in the report, resolve any alleged factual discrepancies, and make appropriate changes in the report.

(4) The head of the contracting activity shall establish procedures which ensure that fully qualified personnel prepare and review performance reports.

(b) Review of performance reports. Each performance report shall be reviewed to ensure that it is accurate and fair. The reviewing official should have knowledge of the contractor’s performance and should normally be at an organizational level above that of the evaluating official.

(c) Distribution and use of performance reports.

(1) Each performance report shall be distributed in accordance with agency procedures. One copy shall be included in the contract file. The contracting activity shall retain the report for at least six years after the date of the report.

(2) Before making a determination of responsibility in accordance with Subpart 9.1, the Contracting Officer may consider performance reports in accordance with agency instructions.

END OF SECTION E

http://www.cpars.csd.disa.mil/cparsmain.htm

RFP No. 294-12-000008 SECTION F

F-1

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY

REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

52.247-34 F.O.B. DESTINATION NOV 1991

F.2 DELIVERY SCHEDULE

The deliverables under this contract are considered to be the achievement of the activities and results included in

Section C and in individual task orders, and submittal of reports as described herein, in Section C and individual task orders. All work under this contract and task orders shall be completed within the performance of the contract, as per the delivery schedule specified in each.

F.3 PERIOD OF PERFORMANCE

The ordering period for this contract is from [the effective date of the award] through [five years from the effective date].

Although task orders may be issued at any time during this ordering period, two constraints apply to the period of performance for task orders. First, the period of performance for a task order may not go beyond three (3) years after the end of the ordering period. Second, a task order may not be awarded for a period of performance that goes more than five (5) years into the future at the time the order is either awarded or extended by modification.

F.4 KEY PERSONNEL

A. Key personnel specified in this contract and in the ensuing Task Orders are those individuals whose performance is critical to the success of the contract. The Contractor shall provide personnel with expertise necessary to perform the services identified in the Statement of Work and as ordered by the Contracting Officer.

Prior to replacing the specified individuals, the Contractor will immediately notify the USAID Contracting

Officer, the USAID Contracting Officer’s Representative, and the A&E firm reasonably in advance and will submit written justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No replacement of key personnel will be made by the Contractor without the written consent of the Contracting Officer.

B. Basic…