RFQ 19BR8126Q0002 - Roof Repair at US Consulate Recife.pdf

U.S. Consulate Recife

Date: March 23

Dear Prospective Offeror:

Subject: Request for Quotes 19BR8126Q0002

Enclosed is a Request for Quotes (RFQ) for engineering, architectural, and construction services necessary for the development of Roof Timber Beam Recovery and Ceiling Repair in the main building of the U.S. Consulate General in Recife. If you would like to submit a quotation, follow the instructions in Section J of the solicitation, complete the required portions of the attached document, and submit it to the address shown on the Standard Form that follows this letter.

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

Quotations are due by April 17th, by 4pm. No quotations will be accepted after this time.

Quotations must be in English and incomplete quotations will not be accepted.

Your quotation must be submitted electronically to RecifeProcurement@state.gov. It is important to make sure the submission is made in specific size and format; in MS-Word

2007/2010 or MS-Excel 2007/2010 or Adobe Acrobat (pdf) file format. The file size must not exceed 30MB. If the file size should exceed the 30 MB, the submission must be made in separate files and attached to separate emails with less than 30MB each.

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

1. Section A, Solicitation/Contract Form

2. Section B, Pricing

3. Section K, Representations and Certifications

4. Additional information as required in Section L

5. Proof of SAM Registration

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

Failure to be registered at time of proposal submission may deem the offeror’s proposal to be considered non-responsible and no further consideration will be given. Therefore, offerors are highly encouraged to register immediately if they are interested in submitting a response to this requirement

Sincerely, Megan Moore

Contracting Officer mailto:RecifeProcurement@state.gov https://www.sam.gov/

TABLE OF CONTENTS

A. SOLICITATION/CONTRACT FORM

B. PRICING

C. STATEMENT OF WORK

D. PACKAGING AND MARKING

E. INSPECTION AND ACCEPTANCE

F. DELIVERIES AND PERFORMANCE

G. CONTRACT ADMINISTRATION DATA

H. SPECIAL TERMS AND CONDITIONS

I. CLAUSES

J. LIST OF ATTACHMENTS

Attachment 1: Drawings

Attachment 2: Statement of Work

K. REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS

L. INSTRUCTIONS ON HOW TO SUBMIT A QUOTATION

M. EVALUATION CRITERIA

SECTION A – SOLICITATION/CONTRACT FORM

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

19BR8126Q0002

Luisa Perman +55 81 3416-3083

3/23/2026

4/17/2026 4pm

STOCK RECORD (S/R)

STANDARD FORM 1449 (REV. 11/2021) BACK

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

SECTION B - PRICING

B PRICE

The Contractor shall complete all work, including furnishing all labor, material, equipment, and services required under this purchase order for the following firm fixed price and within the time specified in Section F. This price shall include all labor, materials, applicable customs duties, transportation to site, storage, permits, licenses and inspection fees, taxes other than VAT, all insurances, overhead, profit and all other items called for by the contract or otherwise necessary for performance of the contract. The contract price may only be adjusted by a written contract modification signed by the Contracting Officer.

Total Price (including all labor, materials, overhead and profit)

Additional pricing breakdown is required in Section J, Attachment #2 Statement of Work, in the item 7.0 PROPOSAL FORM.

B.1 VALUE ADDED TAX

VALUE ADDED TAX (VAT). The Government will not reimburse the Contractor for VAT under this contract. The Contractor shall not include a line for VAT on Invoices as the U.S.

Embassy has a tax exemption certificate with the host government.

B.2 TYPE OF CONTRACT

This contract is a firm fixed price payable entirely in the currency indicated on the SF 1442. No additional sums will be payable on account of any escalation in the cost of materials, equipment, services or labor, or because of the Contractor’s failure to properly estimate or accurately predict the cost or difficulty of achieving the results required by this contract. Nor will the contract price be adjusted on account of fluctuations in currency exchange rates. Changes in the contract price will be made only due to changes made by the Contracting Officers in the work to be performed, or by delays caused by the Government.

B.3. MODIFICATION PRICING

The contractor shall identify in its proposal the accounting method it will utilize to compute and recover costs incurred at or in the vicinity of the job site incident to performing the work, such as the cost of superintendence, timekeeping and clerical work, engineering, utility costs, supplies, material handling, restoration and cleanup, etc.. (“Field Office Overhead”), if applicable, in contract modifications. The contractor may choose any acceptable distribution base for allocating its Field Office Overhead pool(s) to particular cost objectives, but not more than one.

The identified method of accounting for Field Office Overhead shall be utilized consistently throughout the performance of the contract.

SECTION C - STATEMENT OF WORK

The character and scope of the work are set forth in Section J, Attachment #2 of this contract.

The drawings and specifications related to the performance of work are provided in Section J, Attachments #1. The Contractor shall provide all services and furnish and install all materials required by this contract.

Please see Section J, Attachment #2 for complete Statement of Work

SECTION D - PACKAGING AND MARKING

D.1 MATERIAL SHIPPING ADDRESS

Materials delivered to the site should be sent to:

Consulado dos Estados Unidos da America em Recife

CNPJ: 04.115.733/0001-22

Rua Gonçalves Maia, 165, Boa Vista, Recife, PE, Brasil tel.: 55 81-3416.3083

Materials sent to the site should have the following markings:

Consulado Americano

Recife, Brasil

D.2 PACKAGING REQUIREMENTS FOR MAIL AND COURIER SHIPMENT OF

DOCUMENTS AND DRAWINGS

D.2.1 Separate packaging of electronic media and hardcopy material

Contractor and any associated subcontractors will package all drawings and electronic media

(classified, SBU and unclassified) in separate mailing packages. Specifically, electronic media will be transported in electronic media packages that contain no other drawings or hard copies of any kind, beyond that of transfer/receipt documentation. Hardcopy (paper) drawing and documents will be packaged and shipped separately.

D.2.2 Double-wrapping and addressing of packages

For all shipping methods, the prime contractor and any associated subcontractors will ensure that all project documentation, regardless of classification, is prepared and shipped in accordance with the requirements in NISPOM Chapter 5 Section 4. Specifically, the packages should be double-wrapped with both layers addressed properly and labeled with the sender’s address.

Document tracking receipts should be packaged inside the inner wrapping with the materials the receipt describes. No indication of the classification or sensitivity should appear on the outer wrapper. Unclassified and SBU packages addressed to overseas facilities or sites may not have the words “blueprints” or “drawings” displayed on the outer wrapper.

D.2.3 Packaging heavy materials in appropriate containers

In applying the above double-wrapping and addressing procedures, items sent via U.S. Mail or commercial carrier weighing more than one (1) pound shall be enclosed within an appropriately sized double-walled box or, for rolled drawings, a manufactured mailing tube. The cardboard box or mailing tube counts as the second layer of wrap.

SECTION E - INSPECTION AND ACCEPTANCE

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

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

E.1 SUBSTANTIAL COMPLETION

(a) "Substantial Completion" means the stage in the progress of the work as determined and certified by the Contracting Officer or the Contracting Officer’s Representative in writing to the

Contractor, on which the work (or a portion thereof designated by the Government) is sufficiently complete and satisfactory, in accordance with the requirements of the contract documents. Substantial completion means that the property may be occupied or used for the purpose for which it is intended, and only minor items such as touch-up, adjustments, and minor replacements or installations remain to be completed or corrected which:

(1) do not interfere with the intended occupancy or utilization of the work, and

(2) can be completed or corrected within the time period required for final completion.

(b) The "date of substantial completion" means the date determined by the Contracting Officer or authorized Government representative as of which substantial completion of the work has been achieved in accordance with the contract requirements.

Use and Possession upon Substantial Completion - The Government shall have the right to take possession of and use the work upon substantial completion. Upon notice by the Contractor that the work is substantially complete (a Request for Substantial Completion) and an inspection by the Contracting Officer or an authorized Government representative (including any required tests), the Contracting Officer shall furnish the Contractor a Certificate of Substantial

Completion. The certificate will be accompanied by a Schedule of Defects listing items of work remaining to be performed, completed, or corrected before final completion and acceptance.

Failure of the Contracting Officer to list any item of work shall not relieve the Contractor of responsibility for complying with the terms of the contract. The Government's possession or use upon substantial completion shall not be deemed an acceptance of any work under the contract.

G overnment operation of equipment will not relieve the Contractor of warranty or correction obligations elsewhere provided for in this contract. The applicable warranty period, elsewhere provided for in this contract, for each piece of equipment shall be in accordance with the applicable provisions of this contract.

E.2 FINAL COMPLETION AND ACCEPTANCE

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

E.2.2 The "date of final completion and acceptance" means the date determined by the

Contracting Officer when final completion of the work has been achieved, as indicated by written notice to the Contractor.

E.2.3 FINAL INSPECTION AND TESTS. The Contractor shall give the Contracting Officer at least five (5) days advance written notice of the date when the work will be fully completed and ready for final inspection and tests. Final inspection and tests will be started not later than the date specified in the notice unless the Contracting Officer determines that the work is not ready for final inspection and so informs the Contractor.

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

• Satisfactory completion of all required tests,

• A final inspection that all items by the Contracting Officer listed in the Schedule of

Defects have been completed or corrected and that the work is finally complete (subject to the discovery of defects after final completion), and

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

SECTION F - DELIVERIES AND PERFORMANCE

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

WORK

(APR 1984)

The Contractor shall be required to:

(a) commence work under this contract within 45 calendar days after the date the

Contractor receives the notice to proceed,

(b) prosecute the work diligently, and,

(c) complete the entire work ready for use not later than 120 calendar days after the date the Contractor receives the notice to proceed, The time stated for completion shall include final cleanup of the premises.

F.2 52.211-12 LIQUIDATED DAMAGES - CONSTRUCTION (SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, or any extension, the Contractor shall pay liquidated damages to the Government in the amount of

R$ 1000,00 (mil reais) for each calendar day of delay until the work is completed or accepted.

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

F.3 CONTRACTOR'S SUBMISSION OF CONSTRUCTION SCHEDULES

(a) FAR 52.236-15 applied to the submission schedules under this contract. The time for submission of the schedules referenced in FAR 52.236-15, "Schedules for Construction

Contracts", paragraph (a), is hereby modified to reflect the due date for submission as " 10 calendar days after receipt of an executed contract".

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

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

(d) All deliverables shall be in the English language and any system of dimensions

(English or metric) shown shall be consistent with that used in the contract. No extension of time shall be allowed due to delay by the Government in approving such deliverables if the

Contractor has failed to act promptly and responsively in submitting its deliverables. The

Contractor shall identify each deliverable as required by the contract.

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

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

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

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

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

F.4 NOTICE TO PROCEED

(a) After receiving and accepting any bonds or evidence of insurance, the Contracting

Officer will provide the Contractor a Notice to Proceed. The Contractor must then prosecute the work, commencing and completing performance not later than the time period established in the contract.

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

F.5 WORKING HOURS

All work shall be performed during business hours. Other hours, if requested by the Contractor, may be approved by the Contracting Officer's Representative (COR). The Contractor shall give

24 hours in advance to COR who will consider any deviation from the hours identified above.

Changes in work hours, initiated by the Contractor, will not be a cause for a price increase.

F.6 NOTICE OF DELAY

If the Contractor receives a notice of any change in the work, or if any other conditions arise which are likely to cause or are actually causing delays, which the Contractor believes may result in late completion of the project, the Contractor shall notify the Contracting Officer. The

Contractor’s notice shall state the effect, if any, of such change or other conditions upon the approved schedule, and shall state in what respects, if any, the relevant schedule, or the completion date should be revised. The Contractor shall give such notice promptly, not more than ten (10) days after the first event giving rise to the delay or prospective delay. Only the

Contracting Officer may revise the approved time schedule.

F.6.1 EXCUSABLE DELAYS

The Contractor will be allowed time, not money, for excusable delays as defined in FAR 52.249-

10, Default (see Section/Paragraph I. XX). Examples of such cases include (1) acts of God or of the public enemy; (2) acts of the United States Government in either its sovereign or contractual capacity; (3) acts of the government of the host country in its sovereign capacity; (4) acts of another contractor in the performance of a contract with the Government; (5)fires; (6) floods; (7) epidemics; (8) quarantine restrictions; (9) strikes; (l0) freight embargoes; and (11) unusually severe weather.

In each instance, the failure to perform must be beyond the control and without the fault or negligence of the Contractor, and the failure to perform furthermore (1) must be one that the

Contractor could not have reasonably anticipated and taken adequate measures to protect against,

(2) cannot be overcome by reasonable efforts to reschedule the work, and (3) directly and materially affects the date of final completion of the project.

F.7 SUSPENSION OF WORK – NON-COMPLIANCE WITH CONTRACT

REQUIREMENTS

In the event the Contractor is in non-compliance with requirement of this contract and fails to promptly initiate such action as may be appropriate to comply with the specified requirement, the

Contracting Officer shall have the right to order the Contractor to suspend any or all work under the contract until the Contractor has complied or has initiated such action as may be appropriate to comply with the contract requirement. The Contractor will not be entitled to any extension of contract time or payment for any costs incurred as a result of being ordered to suspend work for such a cause.

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 AUTHORITY OF THE CONTRACTING OFFICER

All work shall be performed under the general direction of the Contracting Officer, who alone shall have the power to bind the Government and to exercise the rights, responsibilities, authorities and functions vested by the contract, except that the Contracting Officer shall have the right to designate authorized representatives to act for the contracting Officer, as specifically provided in the designation of that individual, such as a Contracting Officer’s Representative

(COR).

G.2 652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)

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

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

provided, that the designee shall not change the terms or conditions of the contract, unless the

COR is a warranted Contracting Officer, and this authority is delegated in the designation.

G.3 PAYMEMT SCHEDULE AND INVOICE SUBMISSION

The Contractor's attention is directed to Section I, 52.232-5, "Payments Under Fixed-Price

Construction Contracts." The following elaborates on the information contained in that clause.

The U.S. Government will authorize partial invoicing when each of items of the Detailed Project

Budget spreadsheet from the Statement of Work, referenced in Section J, Attachment #2, is

100% complete.

Payment requests shall cover the value of labor and materials completed and in place, including a prorated portion of overhead and profit. To constitute a proper invoice, the invoice must include all items per FAR 52.232-25 “Prompt Payment.”

The Contractor shall submit with the request for payment a certification with regard to payments as indicated in 52.232-5.

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

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

Please send all invoices to the following emails: BrasiliaDBO@state.gov and recifercv@state.gov.

SECTION H- SPECIAL TERMS AND CONDITIONS

H.1.0 INSURANCE - The Contractor is required by FAR 52.228-5, "Insurance - Work on a

Government Installation" to provide whatever insurance is legally necessary. The Contractor shall at its own expense provide and maintain during the entire performance period the following insurance amounts:

H.1.1 GENERAL LIABILITY (includes premises/operations, collapse hazard, products, completed operations, contractual, independent contractors, broad form property damage, personal injury):

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

Per Occurrence As per local law

Cumulative As per local law

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

Per Occurrence As per local law

Cumulative As per local law

H.1.2 The foregoing types and amounts of insurance are the minimums required. The

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

H.1.3 The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to any property of the Contractor, its officers, agents, servants, and employees, or any other person, arising from and incident to the Contractor's performance of this contract. The

Contractor shall hold harmless and indemnify the Government from any and all claims arising therefrom, except in the instance of gross negligence on the part of the Government.

H.1.4 The Contractor shall obtain adequate insurance for damage to, or theft of, materials and equipment in insurance coverage for loose transit to the site or in storage on or off the site.

H.1.5 The general liability policy required of the Contractor shall name "the United States of

America, acting by and through the Department of State", as an additional insured with respect to operations performed under this contract.

H.2.0 DOCUMENT – OWNERSHIP AND USE

H.2.1 Ownership. All drafts, revisions, and versions of specifications, drawings, software code, databases, and models (digital, tangible, and scale), and all copies thereof, generated in the performance of the Contract or furnished to the USG in the performance of the Contract

(“Documents”) shall be and are the exclusive property of the Government.

H.2.2 Use and Return. Unless otherwise provided in the contract, the documents described above are not to be used on other work. With the exception of the signed Contractor set, additional copies thereof provided to or made by the Contractor are to be returned or suitably accounted for by the Contractor upon final completion of the work.

H.2.3 Supplemental Documents. The Contracting Officer shall furnish from time to time such detailed drawings and other information as is considered necessary, in the opinion of the

Contracting Officer, to interpret, clarify, supplement, or correct inconsistencies, errors or omissions in the Contract documents, or to describe minor changes in the work not involving an increase in the contract price or extension of the contract time. The Contractor shall comply with the requirements of the supplemental documents, and unless prompt objection is made by the

Contractor within 10 days, their issuance shall not provide for any claim for an increase in the

Contract price or an extension of contract time.

H.2.3.1. Record Documents. The Contractor shall maintain at the project site:

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

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

H.2.3.2 . "As-Built" Documents: With the request for inspection for Substantial Completion, the

Contractor the Contractor shall provide:

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

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

Final As- Built Documents submittal shall be provided after Final Completion but before

Final Acceptance and shall incorporate any additional changes.

H.3.0 LAWS AND REGULATIONS - The Contractor shall, without additional expense to the

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

H.3.1 The Contractor shall comply with all local labor laws, regulations, customs, and practices pertaining to labor, safety, and similar matters, to the extent that such compliance is not inconsistent with the requirements of this contract.

H.3.2 The Contractor shall give written assurance to the Contracting Officer that all subcontractors and others performing work on or for the project have obtained all requisite licenses and permits.

H.3.3 The Contractor shall submit proper documentation and evidence satisfactory to the

Contracting Officer of compliance with this clause.

H.4.0 CONSTRUCTION PERSONNEL

The Contractor shall maintain discipline at the site and at all times take all reasonable precautions to prevent any unlawful, riotous, or disorderly conduct by or among those employed at the site. The Contractor shall ensure the preservation of peace and protection of persons and property in the neighborhood of the project against such action. The Contracting Officer may require, in writing that the Contractor remove from the work any employee that the Contracting

Officer deems incompetent, careless, insubordinate or otherwise objectionable, or whose continued employment on the project is deemed by the Contracting Officer to be contrary to the

Government's interests.

H.4.1 If the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately give notice, including all relevant information, to the Contracting Officer.

H.4.2 After award, the Contractor has ten calendar days to submit to the Contracting Officer a list of workers and supervisors assigned to this project for the Government to conduct all necessary security checks. It is anticipated that security checks will take 10 days to perform.

For each individual, the list shall include:

Full Name

Place and Date of Birth

Current Address

Identification number

Failure to provide any of the above information may be considered grounds for rejection and/or resubmittal of the application. Once the Government has completed the security screening and approved the applicants a badge will be provided to the individual for access to the site. This badge may be revoked at any time due to the falsification of data, or misconduct on site.

H.5.0 MATERIALS AND EQUIPMENT

H.5.1 Selection and Approval of Materials.

H.5.1.1 Standard of quality. All materials and equipment incorporated into the work shall be new and for the purpose intended, unless otherwise specified, and all workmanship shall be of good quality and performed in a skillful manner as determined by the Contracting Officer.

H.5.1.2 Selection by Contractor. Where the contract permits the Contractor to select products, materials or equipment to be incorporated in the work, or where specific approval is otherwise required by the contract, the Contractor shall furnish to the Contracting Officer, for approval, the names of the manufacturer, model number, and source of procurement of each such product, material or equipment, together with other pertinent information concerning the nature, appearance, dimensions, performance, capacity, and rating thereof, unless otherwise required by the Contracting Officer. Such information shall be provided in a sufficiently timely manner to permit evaluation by the Government against the requirements of the contract. In order to ensure a timely review the Contractor shall provide a submittal register ten days after contract award design and thirty days prior to start of construction activities showing when shop drawings, samples, or submittals shall be made. When directed to do so, the Contractor shall submit samples for approval at the Contractor’s expense, with all shipping charges prepaid. Installation or use of any products, materials or equipment without the required approval shall be at the risk of subsequent rejection.

H.5.1.3 Custody of Materials. The Contractor shall be responsible for the custody of all materials received for incorporation into the project, including Government furnished materials, upon delivery to the Contractor or to any person for whom it is responsible, including subcontractors.

The Contractor shall deliver all such items to the site as soon as practicable. If required by the

Contracting Officer, the Contractor shall clearly mark in a manner directed by the Contracting

Officer all items of which the Contractor has custody but which have not been delivered or secured at the site, clearly indicating the use of such items for this U.S. Government project.

H.5.1.4 Basis of Contract Price. The contract price is based on the use of the materials, products and equipment specified in the contract, except for substitutions or “Or-Equal” items proposed by the Contractor which have been specifically approved by the Government at the time of execution of the contract. Any substitution approved by the Government after execution of the contract shall be subject to an appropriate adjustment of the contract price.

H.6.0 SPECIAL WARRANTIES

H.6.1 Special Warranty Obligations. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall-

(1) Obtain all warranties that are required by the Contract documents and those that would be given in normal commercial practice;

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

(3) Enforce all warranties for the benefit of the Government, unless otherwise directed by the Contracting Officer.

H.6.2 The Contractor shall obtain and furnish to the Government all information required to make any subcontractor's, manufacturer's, or supplier's guarantee or warranty legally binding and effective. The Contractor shall submit both the information and the guarantee or warranty to the

Government in sufficient time to permit the Government to meet any time limit specified in the guarantee or warranty, but not later than the request for inspection for Substantial Completion.

H.7 NOTIFICATION OF DIFFERING SITE CONDITIONS

H.7.1 Timely notification of differing site conditions as defined at FAR 52.236-2, Differing Site

Conditions (APR 1984) is required. In addition to the provisions of the contract clause, the following shall apply.

H.7.2 Timely notice required. No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required promptly within 20 calendar days from the discovery of the conditions upon which the request for an equitable adjustment is based.

H.8 EQUITABLE ADJUSTMENTS

H.8.1 Documentation of Proposals for Equitable Adjustments

H.8.1.1 Direct Costs Direct costs shall be considered to include the following:

H.8.1.1.1 Material quantities by trades and unit costs, including delivery to the site.

Manufacturing or subcontractor overhead and profit associated with material fabrication performed will be considered to be part of the material costs of the fabricated item delivered to the job site.

H.8.1.1.2 Labor breakdown by trades and unit costs, identified with the specific item of material to be placed or operation to be performed. Subcontractor overhead and profit associated with labor costs will be included in the unit costs.

H.8.1.1.3 Construction equipment exclusively necessary for the change.

H.8.1.1.4 Costs of preparation and/or revision to shop drawings resulting from the change.

H.8.1.1.5 Any incremental costs of insurance or employment taxes.

H.8.1.1.6 Bond costs, when the size of the change warrants revision.

H.8.1.2 Overhead and profit. The percentages for overhead and profit shall be negotiated and may vary according to the nature, extent and complexity of the work involved. Price adjustments for deleted work shall include credits for overhead and profit. On proposals covering both increases and decreases in the Contract Price, the application of overhead and profit shall be on the net change in direct costs for the Contractor or subcontractor performing the work.

H.8.1.3 Proposed time adjustments The Contractor shall submit with any request for an equitable adjustment or change proposal a proposed time extension (if applicable), and shall include sufficient information to demonstrate whether and to what extent the change will delay the contract in its entirety.

H.8.1.4 Release by Contractor The price and time adjustment made in any Bilateral Contract modification shall be considered to account for all items affected by the change or other circumstances giving rise to an equitable adjustment, including all indirect costs, and other costs such as delay, disruption, acceleration, and cumulative impact. Upon the issuance of such

Contract modification, the Government shall be released from any and all liability under this contract for further equitable adjustments attributable to the facts and circumstances giving rise to the change proposal or request for equitable adjustment.

H.9 RESPONSIBILITY OF CONTRACTOR

H.9.1 Damage to Persons or Property The Contractor shall be responsible for all damages to persons or property that occur as a result of the Contractor’s fault or negligence, and shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others.

H.9.2 Responsibility for Work Performed The Contractor shall be responsible for all materials delivered and work performed until final completion and acceptance of the entire work, except for any completed unit of work which may have been accepted in writing under the contract.

H.9.3 Responsibility of the Contractor It is the responsibility of the Prime Contractor to review and approve all submittals initiated by their respective subcontractors. Any submittal received by the Government for review and approval that has not been first reviewed and approved by the

Prime Contractor may be summarily rejected without discussion.

H.10 ZONING APPROVALS AND PERMITS

The contractor shall be responsible for:

- obtaining proper zoning or other land use control approval for the project

- obtaining the approval of the Contracting Drawings and Specifications

- paying fees due for the foregoing; and,

- for obtaining and paying for the initial building permits.

H.11 ORDER OF PRECEDENCE

The following order of precedence shall apply:

H.11.1 Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

H.11.1.1 RFP/Contract Part I - Sections B-H, including Section J, Attachment #2

(Statement of Work)

H.11.1.2 RFP/Contract Part IV – Representations and Instructions (Section K)

H.11.1.3 RFP/Contract Part II - Contract clauses (Section I)

H.11.1.4 RFP/Contract Part III - List of Documents, Exhibits, and Other

Attachments (Section J)

H.11.2 Any inconsistency among the Contract Documents shall be resolved by giving precedence in the following order: In case of differences between small and large scale drawings, the latter will govern. Where a portion of the work is drawn in detail and the remainder of the work is indicated in outline, the parts drawn in detail shall apply also to all other like portions of the work.

H.11.3 In case of apparent error, discrepancy, or omission either in the

Standard Design Requirements Documents or the Project Specific Requirements furnished by the Government to the Contractor, the Contractor shall submit the question promptly to the COR for clarification. The COR shall review the question and respond in writing. If it is determined by the COR that there is an error, discrepancy, or omission, and changing it would modify the contract, the Contractor must request a written decision from the CO. The Contractor shall not proceed with any affected work before receipt of CO’s written approval. Until that decision is received, any affected work shall be entirely at the contractor’s own risk and expense.

H.12 GOVERNING LAW

The laws of the United States shall govern the contract and the interpretation thereof.

H.13 ASSIGNMENT

The Contractor shall not assign the contractor or any part thereof without the written consent of the Contracting Officer, nor shall the Contractor assign any moneys or other benefits due or to become due to him hereunder, without the previous written consent of the Contracting Officer.

H.14 REVIEW OF DOCUMENTS AND LOCAL CONDITIONS

H.14.1. Each Offeror is responsible for:

H.14.1.1. Thoroughly examining the Solicitation Documents and the proposed Contract

Documents and understanding the requirements thereof.

H.14.1.2. Visiting the project site and verifying all pertinent site conditions, including the past, current, and future security conditions that might have an impact upon the contractor’s performance of the contract.

H.14.1.3. Knowing all applicable U.S. and host country laws and regulations, including host country laws and regulations concerning the importation of labor and materials, taxes, or otherwise bearing on the performance of the Contract.

H.14.1.4. Familiarizing itself with all codes, standards and other documents referenced in the proposed Contract Documents.

H.14.1.5. Ascertaining the availability of all materials and equipment necessary to produce the work required by the proposed Contract Documents, of sufficient skilled labor to perform the work, and of the availability of transportation to the site.

H.15 TRAFFICKING PERSONS COMPLIANCE PLAN CERTIFICATION

Contractors shall certify annually to the CO and COR that the contractor and subcontractors have a compliance plan in place appropriate to the size and nature of the program to prevent trafficking activities and to comply with the trafficking in persons clause FAR 52.222-50

COMBATING TRAFFICKING IN PERSONS. The certification shall confirm that, to the best of its knowledge and belief, neither the prime nor subcontractor have engaged in any trafficking related activities described in section 106(g) of the Trafficking Victims Protection Act (TVPA) or the prohibitions of this clause.

H.16 ENGLISH LANGUAGE DOCUMENTATION REQUIREMENT

All submittals provided by the contractor to the Government under this contract that are not provided in the English language shall be accompanied by an English language translation.

H.17 SUBCONTRACTORS AND SUPPLIERS

H.17.1 Claims and Encumbrances The Contractor shall satisfy as due all lawful claims of any persons or entities employed by the Contractor, including subcontractors, material, personnel, and laborers, for all labor performed and materials furnished under this contract, including the applicable warranty or correction period, unless the Government shall be directly liable therefore by contract. The Contractor shall not at any time permit any lien, attachment, or other encumbrance to be entered against or to remain on the building(s), or the premises, whether public or private, or any portion thereof, as a result of nonperformance of any part of this contract.

H.17.2 Advance notification required The Contractor shall notify the Contracting Officer reasonably in advance of entering into any subcontract, and shall similarly notify the Contracting

Officer of any proposed sub-subcontract, if the subcontract or sub-subcontract involves access to classified information. The Contractor shall request a subcontract DD Form 254 from DS/IS/IND subsequent to notification of the Contracting Officer. No access to classified information or CAA spaces shall be afforded to subcontractors prior to receipt and dissemination of a subcontractor DD Form 254 issued by DS/IS/IND.

H.17.2.3 Review and approval The Government reserves the right to review proposed subcontractors for a period of fifteen (15) calendar days before providing notice of approval or rejection of any or all subcontractors. The Contractor shall not be eligible for an adjustment of time or money for any delay associated with the Government’s review of proposed subcontractors. In the event the Contractor is required to replace a subcontractor as a result of the Government’s review, the Government shall have an additional fifteen (15) days for review of the proposed substitute.

H.17.2.4 Rejection of subcontractors The Government reserves the right to reject any or all subcontractors if their participation in the project, as determined solely by the Government

Contracting Officer, may jeopardize national security interests of the United States. The

Contractor shall promptly release any subcontractor rejected at any time by the Government under this clause. The Contractor shall not be eligible for an adjustment of time or money for any delay associated with the Government’s rejection of subcontractors under this clause.

H.17 REQUIREMENT FOR SHOP DRAWINGS

As defined in FAR 52.236-21, Specification and Drawings for Construction, shop drawings are required under this contract.

SECTION I - CLAUSES

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. In addition, the full text of a clause may be accessed electronically at: Acquisition.gov this address is subject to change.

If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use the Department of State Acquisition website at e-CFR to see the links to the FAR. You may also use an Internet “search engine” (for example, Google, Yahoo or Excite) to obtain the latest location of the most current FAR.

THE FOLLOWING FEDERAL ACQUISITION REGULATION CLAUSE(S) IS/ARE

INCORPORATED BY REFERENCE (48 CFR CH. 1):

CLAUSE TITLE AND DATE

52.202-1 DEFINITIONS (JUN 2020)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

(JAN 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS (JUN 2020)

https://acquisition.gov/browse/index/far https://gov.ecfr.io/cgi-bin/text-idx?SID=d9a7851186785ba2b1896db79b1b6b29&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

(AUG 2020)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED

OR PROPOSED FOR DEBARMENT OR VOLUNTARILY EXCLUDED (JAN

2025)

52.216-7 ALLOWABLE COST AND PAYMENT (AUG 2018)

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

52.222-19 CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES

(JAN 2025)

52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)

52.225-5 TRADE AGREEMENTS (NOV 2023)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021)

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION

OF CONTRACT (FEB 2000)

52.225-19 CONTRACTOR PERSONNEL IN A DESIGNATED OPERATIONAL AREA

OR SUPPORTING A DIPLOMATIC MISSION OUTSIDE THE UNITED

STATES (MAY 2020)

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING

WHILE DRIVING (MAY 2024)

52.228-3 WORKERS’ COMPENSATION INSURANCE (DEFENSE BASE ACT)

(JUL 2014)

52.228-4 WORKERS’ COMPENSATION AND WAR-HAZARD INSURANCE

OVERSEAS (APR 1984)

52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.228-11 PLEDGES OF ASSETS (FEB 2021)

52.228-13 ALTERNATIVE PAYMENT PROTECTION (JULY…