INP RFP 294-2008-003.doc

Mr. Ron Breen

Mr. Ron Breen

Contracting Officer

Contracting Officer

USAID c/o American Embassy

USAID c/o American Embassy

71 Hayarkon Street

Tel-Aviv – Israel

Tel Aviv – Israel

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this Indefinite Quantity Contract is to obtain the services of multiple US Construction contractors to implement Task Orders directly or through sub-contracting or both for the construction, rehabilitation of roads, transportation infrastructure, buildings, water, wastewater, health facilities, schools, and other infrastructure works that USAID may specify and describe.

Task Orders issued under this indefinite quantity contract will provide for the construction of new and the rehabilitation of existing regional infrastructure, including primary and secondary roads, bridges, water transportation networks, wastewater treatment and reuse, government office buildings, schools and clinics, electrification, sports facilities, warehouses, food storage facilities, and other critical infrastructure. 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 will issue firm fixed price (FFP) task orders. The Contractor will be awarded task orders on a competitive basis and must perform the services set forth in task orders at prices consistent with section B of this contract. A/E services will not be a substantial or dominant part of any Task Order unless Design-Build services are required.

B.3 MINIMUM OBLIGATED AMOUNT

The basic contract includes an initial obligation of funds in the amount of $100,000 per basic contract award to cover the minimum order guarantee. USAID is required to order and the Contractor is required to furnish the minimum order amount of services. Should USAID not make any orders against the IQC by the end of the fifth year, the contractor will be paid the $100,000 nevertheless.

B.4 MAXIMUM CONTRACT CEILING

This is a multiple-award Indefinite Quantity Contract for Infrastructure Needs Program with an overall ceiling price of $300,000,000. The Government contemplates award of up to three (3) Indefinite Quantity (IQC) contracts resulting from this solicitation. However, the government reserves the right to award more, less, or no contracts from this solicitation.

The maximum aggregate dollar value of all task orders awarded to all contractors cannot exceed the contract ceiling.

B.5 OBLIGATED AMOUNT

The basic contract includes an initial obligation of funds in the amount of $100,000 per basic contract award to cover the minimum order guarantee.

B.6 TASK ORDER LIMITATIONS

(a) Firm-Fixed-Price (FFP) Task Orders. When issuing FFP task orders, the Contracting Officer must state in the task order the firm-fixed-price, which represents the total amount of the task order and the maximum price the contractor may be paid to perform the services, reports, or other deliverables in the task order.

(b) Minimum Order. When USAID requires services or reports and other deliverables covered by this contract in a Task Order in the amount of less than $25,000, the Contractor is not obligated to accept an order to furnish those services or reports and other deliverables under this contract. However, if the Contractor agrees to furnish services or reports and other deliverables required by USAID in an amount of less than $25,000 and is awarded a Task Order to do so, the Contractor is required to provide said services and reports/deliverables in accordance with the Contract's terms and conditions.

(c) Maximum Order. When USAID requires services or reports and other deliverables covered by this contract in a Task Order amount of more than $100,000,000, the Contractor is not obligated to accept an order to furnish those services or reports and other deliverables under this contract. However, if the Contractor agrees to furnish services or reports and other deliverables required by USAID in excess of $100,000,000 and is awarded a Task Order to do so, the Contractor is required to provide said services and reports/deliverables in accordance with the Contract's terms and conditions.

(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.

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

PART I: GENERAL DESCRIPTION OF CONTRACT SCOPE OF WORK

INFRASTRUCTURE NEEDS PROGRAM (INP)

C.1. PURPOSE

The purpose of this Indefinite Quantity Contract is to obtain the services of multiple US Construction contractors to implement Task Orders directly or through sub-contracting or both for the construction, rehabilitation of roads, transportation infrastructure, buildings, water, wastewater, health facilities, schools, and other infrastructure works that USAID may specify and describe.

Task Orders issued under this indefinite quantity contract will provide for the construction of new and the rehabilitation of existing regional infrastructure, including primary and secondary roads, bridges, water transportation networks, wastewater treatment and reuse, government office buildings, schools and clinics, electrification, sports facilities, warehouses, food storage facilities, and other critical infrastructure. All work to be undertaken under the contract will be authorized in the form of Task Orders. Each Task Order will be competed and issued separately.

C.2 BACKGROUND

In July, 2007, President Bush promised to continue his work to strengthen US commitment to the Palestinian people. His recent request to the U.S. Congress to make additional funds available for activities in the West Bank and Gaza that help to build the foundation for a future Palestinian state is the latest evidence of U.S. commitment to this promise.

Transportation and other infrastructure in the West Bank and Gaza have suffered badly from neglect, lack of investment and the direct impacts of conflict. The USAID Mission focuses mainly on the rehabilitation and construction of roads, water and wastewater projects in the West Bank. USAID objectives are to help Palestinian economy; improve Palestinian transportation and other infrastructure; and support the “Road Map” peace process.

C.3 STATEMENT OF WORK

This indefinite quantity contract will provide the USAID/WBG with a full range of multidiscipline construction services in roads, water, waste water, building constructions, schools, health facilities and other infrastructure needed for success of USAID programs in WBG. Funding will be obligated under separate Task Orders for the different project or set of projects.

Each project will be designed and the corresponding Task Order will be prepared by USAID’s A&E firm. Task Orders will be then competed among the selected IQC contractors (maximum three IQC contracts will be awarded under this solicitation) and issued by the Contracting Officer and will authorize the Contractor to proceed with the implementation of the Task Order.

The major types of construction deliverables under this activity will likely vary, though roads and water are expected to represent the largest share of the construction activities. Potential types of Works Task Orders are as follow:

· Construction and Rehabilitation of Roads

· Construction and Rehabilitation of Water Pumping Station and Transmission Systems.

· Construction and Renovation of Schools

· Construction and Renovation of Health Clinics/Hospitals

· Construction and rehabilitation of Municipal and local government infrastructure

· Construction and Rehabilitation of Wastewater Treatment Plants

· Construction of Youth and Sports Facilities

· Purchase of Construction Materials:

· Other civil works: The Contractor may be required to construct/rehabilitate other infrastructure facilities that will be identified later and infrastructure needed for success of USAID programs in WBG.

C.4 SPECIFICATIONS AND DRAWINGS:

There are no drawings or specification 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 only among selected IQC contractors.

C.5 PLACE OF PERFORMANCE

The place of performance for the Infrastructure Needs Program (INP) is primarily in the West Bank. Should the political and security environment change, USAID may implement projects under the INP in Gaza.

C.6 INP IMPLEMENTATION STRUCTURE

INP will be implemented by USAID/WB-G with the support of Project Implementation Contractors (PICs) selected under this IQC RFP and a Construction Management Contractor (CMC) who has been selected under a separate A&E solicitation.

“PIC” specifically refers to offerors selected for an award under this INP IQC RFP and who are thereby eligible to compete for Task Orders under the INP. The PICs selected under this IQC RFP will be responsible for providing USAID/West Bank-Gaza (WB-G) a full range of project implementation services consistent with the requirements described in this RFP. This responsibility is further described in Section C.6 below.

The CMC will act as the agent for USAID in the administration of the INP. In this capacity the CMC will develop annual INP work plans for USAID approval, provide overall direction and general management of construction including the monitoring of construction contractor performance, procurement and general oversight of the storage and use of major materials and equipment ordered by USAID, and coordination and general oversight of institutional capacity building and employment generation activities. Specific activities of the CMC will include but not be limited to contract administration, the preparation or review of feasibility studies, performance of site surveys, geotechnical investigations, master planning, conceptual designs, project reports, plans, specifications, and preliminary and final designs, and cost estimates.

C.7

TASK ORDERS AND PIC RESPONSIBILITY

All INP implementation activities will be authorized by USAID through Project Implementation Task Orders (PITOs) developed by USAID and awarded to the most responsive PIC. Any A/E services will not be a predominant part of any such task order.

Each PIC will be responsible to USAID for the efficient, successful, and timely implementation of all awarded PITOs in accordance with respective statements of work, budgets, schedules, and required results. PICs will be responsible for all related logistics and security matters under changing work and security environments and priorities and schedules of USAID and Palestinian Authority.

In the performance of task orders, the basic role of PICs will be to act as a “catalyst” to achieve successful outcomes through direct efforts of others such as subcontractors and Palestinian counterparts. Specifically, PICs will process input information received in awarded task orders into the depth of details, specification, work plans, and subcontracts while retaining full responsibility for quality and timeliness of performance in close and effective coordination with all relevant other parties including USAID, the CMC, other contractors, and relevant Palestinian and Israeli agencies and officials.

Throughout the performance of a task order, the respective PIC shall be alert to use its performance experience to enhance the institutional capabilities of the participating public and private sector entities.

The statements of work of PITOs will include one or more of the following general types of activities:

1. Implementation of infrastructure projects for which a complete design is provided; and

2. Implementation of infrastructure projects for which the respective PIC must finalize the design for USAID/CMC approval before undertaking project implementation, i.e.: Design-build.

3. Professional and vocational training for project commissioning and operations and maintenance personnel.

C.7.1 General Information Concerning Infrastructure Needs Given the primary focus of the Infrastructure Needs Program (INP) in the West Bank, the general information provided below relates primarily to infrastructure needs in the West Bank. Similar needs exist in Gaza. Should the political and security environment change, USAID may implement projects under the INP in Gaza.

Transport and related utilities

Deferred maintenance and rehabilitation of severely damaged road segments that are presently unsafe for existing traffic levels and restoring or replacing damaged utility structures above and below the traveled roadway including water, wastewater, storm water, natural gas, electricity, telephone and manholes of utilities located in the right-of-way and in the immediate vicinity of the roads.

Water Supply Infrastructure

In the West Bank and Gaza, where water supplies are drawn largely from over-exploited aquifers, INP will increases access to potable water by reducing losses from aging water systems, constructing or expanding pipelines and reservoirs to improve the distribution of water supplies, and developing new water sources.

Sanitation Infrastructure

Wastewater continues to increase in major urban areas in the West Bank. Raw sewage currently flows to the southern valley and causes both local health problems and the potential for long term contamination of the western aquifer. This could impact future water supply options for both the Palestinians and Israelis. The Palestinian Water Authority has expressed the highest priority need for the construction of a regional wastewater facility in the Hebron district that will meet the needs of the southern West Bank lacking treatment facilities for major urban areas.

Agriculture, Enterprise Development, Health, Education, and Local Government Sectors.

INP will likely support infrastructure activities of other USAID/WB-G offices in other sectors such as agricultural, enterprise development, health, education, and local government. Such infrastructure may include, but is not limited to, structures and buildings such as schools, clinics, courthouses, youth centers and offices.

Political and implementation circumstances permitting, INP will also support the upgrading of infrastructure facilities at primary commercial crossing points to improve the movement of commercial traffic between Israel and the Palestinian Authority. Such an activity will be consistent with the Agreement on Movement and Access brokered by the U.S. Secretary of State, Condoleezza Rice, in November 2005.

C.7.2 Illustrative Infrastructure Projects

Please refer to the USAID West Bank and Gaza website and Attachment J-1for further information.

C.8

INFRASTRUCTURE AND INFRASTRUCTURE-RELATED SERVICES

Under task orders, the respective IQC PIC shall provide the Infrastructure Needs Program with repair, renovation and construction services relating to the full range of infrastructure sector needs. The IQC PIC shall act as USAID’s prime contractor for all awarded Task Orders, subcontracting with local firms/organizations to the maximum extent practicable. The IQC PIC shall assure the successful completion of all Task Order objectives and requirements including the provision of all required personnel, equipment, materials, supplies and facilities required by it to be able manage, supervise, inspect, make or authorize payment, and expedite the completion of all Task Order requirements in an efficient, timely and acceptable manner.

Each IQC PIC shall perform in accordance with the following in respect to all awarded Task Orders:

Furnish all plant, labor, materials and equipment to perform all work in strict accordance with a task order and with the specifications it contains. Meet compressed schedules to deal with emergency or urgent requirements.

Work will vary from site to site and will require extensive functional knowledge relating to the operationally efficient use of the roads, facility, equipment, and support systems, and building structures. Since some roads and/or other facilities may be in full operation, the IQC PIC shall seek all required permits and minimize interference with their regular operations.

Prepare an Accident Prevention Plan and/or a Site Specific Health and Safety Plan, and a Quality Control Plan, in line with generally accepted U.S. norms and task order requirements.

Incidental to the completion of task orders, the IQC PIC shall provide the full range of professional services indicated above. If a task order requires completion of design, the IQC PIC shall complete the design and seek CMC approval prior to initiating construction. Any A/E services will not be a predominant part of the Task Order.

Reports, surveys, and written analysis of findings shall be prepared as required. Each such document shall be identified by task order.

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.

Coordination - The IQC PIC shall coordinate work with the USAID Cognizant Technical Officer, the CMC, PA representative, and with personnel of other relevant donors and contractors. The IQC PIC’s Task Order Manager(s) shall meet with the CTO and CMC and/or their designated representative as specified in the respective task order or as required by the CTO or CMC in post award communications.

During field visits, the IQC PIC shall provide office space and other facilities to USAID representatives and the CMC as required for their effective performance at work sites.

Communications systems and equipment of IQC PICs shall conform to norms and be compatible with systems established by USAID for use by implementers of USAID-funded activities.

Responsibility - The respective IQC PIC shall be responsible for fulfilling the requirements of all applicable parts of the specifications in a task order.

Environmental Compliance - The Contractor shall be responsible for performing all work in such a manner as to minimize the pollution of air, water, or land and to control noise and dust, and to safeguard the other parameters of the environment in accordance with all applicable U.S. and PA environmental laws and regulations and in accordance with the environmental requirements and mitigation measures prepared by the CMC for individual task orders.

Where there is a conflict between U.S. and PA law, the requirements more protective of health and the natural environment will be used. In no case will the requirements be less stringent than those required by U.S. law and regulation.

C.9

CONTRACT ADMINISTRATION AND MANAGEMENT

C.9.1 Subcontracting Preference for Construction/Commodities

USAID prefers that infrastructure project implementation use local materials and local workers and professionals directly or through local subcontractors. On a case-by-case basis USAID will consider allowing the contracting of foreign government-owned organizations in instances where private Palestinian or regional firms are not available or qualified to meet the requirements of the project defined in a task order.

C.9. 2 Change Order Accounting (Apr 1984)

The Contracting Officer may require change order accounting whenever the estimated cost of a change or series of related changes exceeds $100,000. The Contractor, for each change or series of related changes, shall maintain separate accounts, by job order or other suitable accounting procedure, of all incurred segregable, direct costs (less allocable credits) of work, both changed and not changed, allocable to the change. The Contractor shall maintain such accounts until the parties agree to an equitable adjustment for the changes ordered by the Contracting Officer or the matter is conclusively disposed of in accordance with the Disputes clause.

C.9.3 Security

The IQC PIC shall be responsible for developing their own security plan to safeguard all project operations. The plan shall be adopted and followed by all subcontractors as well. Each task order will address the security arrangements of the respective project site(s), equipment, and/or commodities.

C.10

REQUIREMENTS APPLICABLE TO TASK ORDERS HAVING INFRASTRUCTURE

PROJECT ACTIVITIES

C.10.1 Quality Control (QCP) Program

The Contractor’s Quality Control Program (QCP) shall be an integral component of the construction activities. The Contactor shall develop and submit to USAID for approval the plan for the QCP.

C.10.2 Environmental Assessments

Eligible projects will include the repair and reconstruction of infrastructure damaged during fighting or through lack of maintenance as well as “green field” projects. Repair and reconstruction projects will rebuild what previously existed. These and new projects might have significant environmental consequences. Therefore, the design of each approved project will be required to address potential environmental effects.

Except as indicated in Task Orders, IQC PICs shall base environmental aspects of their work on environmental guidelines prepared by the CMC. Work of the CMC and documents that the CMC will have available by request for IQC PIC reference and use will define the parameters that the guidelines must follow. The guidelines will include an environmental assessment checklist that must be completed as part of the final design of each project. Where the analysis indicates negative environmental effects may occur, the project will be designed to avoid or mitigate those effects. The guidelines will also describe procedures for supervising construction activities to assure that identified mitigation measures have been addressed as planned.

Pursuant to USAID regulation 22CFR 216, the CMC, with IQC PIC participation, if specified in the respective task order, will conduct Scoping Session(s) and prepare Environmental Assessments (EAs) for those projects that are likely to have significant negative environmental effects, as well as prepare environmental guidelines which will be used to help identify specific factors to be considered for those types of projects where the potential for negative effects is substantially lower.

C.10.3 Contractors Construction Manual

In the perfomance of a Task Order, IQC PICs shall prepare and in all case have a construction manual that will set forth guidelines and requirements for the IQC PIC and the subcontractor’s working relationship with the IQC PIC. All standard forms required by USAID shall be included in this manual. This manual should be provided to each INP funded subcontractor at the time each subcontract is executed.

C.10.4 Pre-Construction Conferences

The IQC PIC shall, when appropriate, conduct pre-construction conferences with each task order subcontractor to acquaint key personnel, local authorities and inspectors and other involved parties with the procedures, lines of authority and the interrelationship with the monitoring activities of the IQC PIC, CMC, USAID and others. These conferences shall take place shortly after each subcontract is executed.

C.10.5 Construction Risk Management Program (CRMP)

For each task order the respective IQC PIC shall develop and submit for USAID approval a Construction Risk Management Program (CRMP). The CRMP will establish ”base-line” or prior existing conditions on the work sites and those areas adjacent or otherwise to the work sites, which can be affected in some manner by the work activities. A CRMP may not be required where the project is restricted to replacement of equipment. CRMPs will be required for each infrastructure activity unless the need is waived in writing by USAID or USAID’s CMC.

The CRMP shall include, but not be limited to, the survey, measurement and recording of the following parameters as may be appropriate to the project: ground and structural elevations; ground water levels; soil conditions; vertical alignment of structures and other conditions affecting construction.

The IQC PIC shall participate together with representatives of its subcontractors, CMC and USAID in regular monthly examinations of the “base-line” conditions and shall maintain a log of the values recorded and photos taken during these examinations, in such a fashion that comparison with previous values recorded can easily be done and trends readily identified.

The IQC PIC shall regularly review the subject logs and immediately discuss with the pertinent subcontractors and USAID, any finding determined to require consideration of a change in method of construction or some remedial action. These logs must be made easily accessible to relevant subcontractors and PA, USAID and CMC representatives.

C.10.6 Notices to Proceed

Within 30 days or before proceeding with construction activities, the IQC PIC through the CMC shall submit and obtain USAID approval for a Quality Control Program for the work involved .

C.10.7 Safety Program

IQC PIC shall develop and execute an effective Safety Program that is consistent with contract Clause 52.236-13, Accident Prevention, Alt 1, and internationally accepted safety programs for similar activities.

C.10.8 Imported Items and Long Lead Item Procurement Program

In cases where the IQC PIC or subcontractors procure imported items, the IQC PICshall ensure compliance with the source and origin rules applicable to this contract. The IQC PIC shall audit and periodically monitor all long lead item procurement programs. The IQC PIC shall ensure compliance with the source and origin rules applicable to the procurement of goods and services of this contract. The IQC PIC awarded th respectice task order shall be responsibility for obtaining and maintaining records of all licenses and permits required for imported items.

C.10.9 Project Coordination The IQC PIC shall be responsible to coordinate, as required to carry out the objectives of each awarded task Order, with the Government of Israel (GOI) and PA officials, representatives of the International Community and NGOs. Coordination will be especially important with other USAID-funded, infrastructure-related projects.

In cases where related infrastructure reconstruction projects are being implemented, the respective IQC PIC shall closely coordinate its construction schedule(s) and monitor activity progress to assure proper coordination between the related projects.

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 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 – Infrastructure Needs Program (INP)

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 Infrastructure Needs Program (INP) 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 marking plan: Deliverables to be marked include products, equipment and inputs delivered; prominent signage in places where program activities are carried out; 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.

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)

52.236-1

PERFORMANCE OF WORK BY THE CONTRACTOR

APR 1984

52.236-2

DIFFERING SITE CONDITIONS

52.236-3

SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK APR 1984

52.237-1

SITE VISIT

52.246-2

INSPECTION OF SUPPLIES - FIXED PRICE

AUG 1996

52.246-4

INSPECTION OF SERVICES - FIXED PRICE

52.246-12

INSPECTION OF CONSTRUCTION

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 Cognizant Technical Officer, 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 CTO, as referenced in Section G and will be designated at the time of award, will be delegated authority to inspect and accept all services, reports and required deliverables or outputs.

E.3 MONITORING AND EVALUATION PLAN, INCLUDING PERFORMANCE STANDARDS

The Contractor shall submit monitoring and evaluation plans (to include benchmarks, milestones, deliverable, results, performance indicators and standards, etc.) for each Task Order, as stipulated by the Cognizant Technical Officer. The proposed/negotiated/accepted plan will be incorporated into each respective Task Order upon award.

If the Task Order specifies performance standards/indicators, the respective CTOs and COs will evaluate the contractor's performance based on such standards.

E.4 PERFORMANCE EVALUATION

Interim and Final Contractor Performance Reports

(a) Completion Evaluations. The Contractor will receive an assessment of performance under each Task Order and the contract as a whole. Task Order assessments shall be completed within six months of the completion of Task Order activities. Assessments of the overall contract shall be completed annually and upon contract completion. All assessment will be carried out by the respective CTO under the overall direction of the respective CO and will be signed by both. The Contractor shall have 30 calendar days to comment on and/or rebut the 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 CO. Generally, interim evaluations should be performed at least once in a two-year period.

Evaluation of the Contractor's overall performance 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 Cognizant Technical Officer (CTO) and the Contracting Officer, and shall form the basis of the Contractor's permanent performance record with regard to this contract. The factors to be assessed are:

i. Quality of Product or Service

ii. Cost Control

iii. Timeliness of Performance

iv. Business Relations

v. Meeting Small Business and Small Disadvantaged Business Subcontracting Requirements/Goals

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 NIH Contractor Performance System module for construction contracts found at http://cps.od.nih.gov/CPSConstructionsForm1.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.

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.

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

F.3 PERIOD OF PERFORMANCE

The ordering period for this contract is five (5) years from the date of award of the contract.

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 one (1) year 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 the task orders are considered to be essential to the work being performed hereunder. Prior to replacing any of the specified individuals, the Contractor will immediately notify both the Contracting Officer and USAID Cognizant Technical Officer 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 IQC Key personnel: The Contractor shall designate, for USAID approval, a principal point of contact (Basic IQC Manager/Coordinator) that USAID may contact for procedural and substantive matters on the Basic IQC. The responsibility of the IQC Manager /Coordinator shall include but not be limited to overall quality control and overall compliance of the Awardee with all requirements of all Task Orders awarded under the IQC. Minimum qualifications of the Basic IQC Manager/Coordinator are as follows

· BS or higher degree in Engineering or Construction Management - 10 to 15 years supervisory experience with 10 years experience in basic infrastructure planning, design and/or construction. Experience must include supervision of multiple infrastructure projects in cultural, security, and work environments similar to those of West Bank-Gaza, Must have experience with varying contract and country policies, procedures, and standards. Experience developing and managing multiple small and large project schedules and budgets is essential. Must be knowledgeable concerning both FAR and/or FIDIC construction contracting. At least two years of experience in an equal or similar position with the Prime Offeror is required.

C. Task Order Key Personnel: The Contractor shall designate, for USAID approval, all key personnel required in RFTOPs issued to awardees of the INP IQC. Per CFR 228.37 Nationality of employees under contracts or subcontracts for services, Part (b). When the contractor on a USAID financed construction project is a United States firm, at least half of the supervisors and other specified key personnel working at the project site must be citizens or permanent legal residents of the United States. Exceptions may be authorized by the USAID Mission Director in writing if special circumstances exist which make compliance impractical. Position descriptions for typical key task order positions are as follows:

· Task Order Manager: BS degree or higher in civil engineering with at least 10 years of experience in the design and/or construction of one or more the nine types of activities listed in C.3 of Section C. At least six years of the experience shall be in developing countries with infrastructure needs and programs similar to those of the West Bank/Gaza. Must have demonstrated experience in developing countries in the effective use of local contractors and local labor. Must be knowledgeable concerning FAR and/or FIDIC construction contracting. Knowledgeable regarding principles and good practice in strategic planning, organizational development and project management, and in project design of inputs, activities and strategies to achieve project objectives. Should have strong leadership experience in human resources management and the ability to work in cross-cultural situations with political, cultural and ethnic sensitivities and security environments such as found in West Bank/Gaza.

· Project Quality Control / Safety/Environmental Engineer: BS degree or higher in Engineering with 7+ years as an Engineer and/or quality control manager in one or more of the nine types of activities listed in C.3 of Section C. Must have experience monitoring and guiding contractor compliance with environmental requirements of US, IFI and/or local government agencies. Strong leader with proven skills in managing numerous projects and directing project compliance with QC/Safety and Environmental requirements.

· Project Superintendent: Preferred min.10+ years of experience as a project superintendent on similar road rehabilitation programs or construction works including earthworks, bituminous paving, and associated infrastructure projects.

· Project Surveyor: Min 5+ years Surveyor degree in related engineering fields, with proven professional experience in large infrastructure projects. Coordinates survey activities to provide appropriate survey services to the construction activities,

· Construction Cost Scheduler / Planner: B.S. in Engineering or related fields with at least 10 year’s experience. Will be responsible for the construction means and methods, coordination requirements, planning, scheduling, costing, financial forecasting, manpower analysis and proficient in primavera project.

All Task Order Key Personnel shall be conversant in the English language. Ability to speak Arabic is desirable in the case of all Key Personnel, but not required..

F.5 ISSUANCE OF REQUEST FOR TASK ORDER PROPOSALS (RFTOPs)

1.0 General

1.1 The USAID INP Cognizant Technical Officer (CTO) is responsible with advice and support of the Construction Management Contractor (CMC) for identifying new task order requirements that comply with the SOW of the basic IQC contract and for developing RFTOPs. The USAID/West Bank-Gaza Contracting Officer negotiates, awards, and administers all task orders in accordance with the ordering procedures set forth herein.

1.2 Fair Opportunity

1.2.1 General - The Contracting Officer (CO) must negotiate and administer task orders in accordance with the ordering procedures set forth herein. The CO must provide each Contractor a fair opportunity to be considered for each task order (also referred to as "order") exceeding $3000 issued under this contract unless one of the exceptions described in paragraph 1.2.2, Fair Opportunity Exceptions, applies. All Contractors (or all Contractors designated under a specific sector) must be contacted and provided the opportunity to be considered before award of all task orders. Although Contractors are not required to submit a proposal for every task order request, all Contractors interested in providing services under the task order must submit a proposal, inclusive of price.

1.2.2 Fair Opportunity Exceptions - All Contractors will be given a fair opportunity to be considered for task orders over $3000, unless the CO determines that one of the following statutory exceptions applies:

a. An urgent need exists, and seeking competition would result in unacceptable delays,

b. Only one Contractor is capable at the level of quality required because the requirement is unique or highly specialized,

c. The order must be issued on a sole source order basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order. For a follow-on task order that implements an activity designed under another order under this contract, this exception may only be used if the CO complied with the Organizational Conflicts of Interest limitations in Contract Information Bulletin 99-17 "Organizational Conflicts of Interest".

d. To satisfy contract minimum award obligations, or

e. Small business set aside. (See AAPD-02-05, Exception for Small Businesses under IQCs).

2.0 Right to Procure from Other Sources

The Government, under the terms of this IQC, retains the right to procure similar services from other sources during the period of this contract.

3.0 Ombudsman

If a Contractor believes its organization has not been fairly considered for a particular task order, it may present the matter to the CO. If the Contractor disagrees with the CO's explanation or decision, they may request a review of the CO's decision from USAID's task-order and delivery-order ombudsman. The ombudsman is responsible for reviewing complaints from contractors, collecting facts from the CO relevant to the complaint, and ensuring that all contractors are afforded a fair opportunity to be considered under multiple award contracts.

The ombudsman does not have the authority to overturn award decisions or adjudicate formal contract disputes. The Ombudsman may be reached at the following address: U.S. Agency for International Development, Attn: Jean Horton, M/OP, Room 7.10-75, 1300 Pennsylvania Ave., N.W. Washington, DC 20314. E-mail Ombudsman@usaid.gov

F.6 DESIGN AFTER AWARD

General

The requirements under FAR Part 36.3 apply when a Task Order includes Design-Build services to produce or complete a construction design. The CMC will advise and support USAID throughout Design-After-Award activities in accordance with FAR Part 36.3.

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 AIDAR 752.7003 DOCUMENTATION FOR PAYMENT (NOV 1998)

(a) Claims for reimbursement or payment under this contract must be submitted to the Paying Office indicated in Section G.6 of this contract. The Cognizant Technical Officer (CTO) is the authorized representative of USAID to approve vouchers under this contract. The Contractor must submit either paper or fax versions of the SF-1034--Public Voucher for Purchases and Services Other Than Personal. Each voucher shall be identified by the appropriate USAID contract number, in the amount of dollar expenditures made during the period covered.

(1) The SF 1034 provides space to report by line item for products or services provided. The form provides for the information to be reported with the following elements:

Total Expenditures [Document Number: XXX-X-XX-XXXX-XX]

Line

Description

Amt vouchered Amt vouchered

Item No.

to date this period

001 Product/Service Desc. for Line Item 001

$XXXX.XX

$ XXXX.XX

002 Product/Service Desc. for Line Item 002

XXXX.XX

Total

(2) The fiscal report shall include the following certification signed by an authorized representative of the Contractor:

The undersigned hereby certifies to the best of my knowledge and belief that the fiscal report and any attachments have been prepared from the books and records of the Contractor in accordance with the terms of this contract and are correct: the sum claimed under this contract is proper and due, and all the costs of contract performance (except as herewith reported in writing) have been paid, or to the extent allowed under the applicable payment clause, will be paid currently by the Contractor when due in the ordinary course of business; the work reflected by these costs has been performed, and the quantities and amounts involved are consistent with the requirements of this Contract; all required Contracting Officer approvals have been obtained; and appropriate refund to USAID will be made promptly upon request in the event of disallowance of costs not reimbursable under the terms of this contract.

BY: ______________________________________________________

TITLE: ______________________________________________________

DATE: ______________________________________________________

(b) Local currency payment. The Contractor is fully responsible for the proper expenditure and control of local currency, if any, provided under this contract. Local currency will be provided to the Contractor in accordance with written instructions provided by the Mission Director. The written instructions will also include accounting, vouchering, and reporting procedures. A copy of the instructions shall be provided to the Contractor's Chief of Party and to the Contracting Officer. The costs of bonding personnel responsible for local currency are reimbursable under this contract.

(c) Upon compliance by the Contractor with all the provisions of this contract, acceptance by USAID of the work and final report, and a satisfactory accounting by the Contractor of all Government-owned property for which the Contractor had custodial responsibility, USAID shall promptly pay to the Contractor any moneys (dollars or local currency) due under the completion voucher. USAID will make suitable reduction for any disallowance or indebtedness by the Contractor by applying the proceeds of the voucher first to such deductions and next to any unliquidated balance of advance remaining under this contract.

(d) The Contractor agrees that all…