RFQ 19MK8025Q0016 FY25_FAC-Pedestrian gates construction project.pdf

United States Embassy Skopje

Date: 05/29/2025

To: Prospective Quoters

Subject: Request for Quotations number 19MK8025Q0016.

Enclosed is a Request for Quotations (RFQ) for purchase of Embassy Compound Perimeter Fence

Pedestrian Gates Construction project for American Embassy Skopje. If you would like to submit a quotation, follow the instructions in Section 3 of the solicitation, complete the required portions of the attached document, and submit it to the email address shown on the Standard Form 1449 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.

Your quotation must be submitted electronically by 11:00 a.m., on Monday June 16, 2025. No quotations will be accepted after this time. Quotations must be in English and incomplete quotations will not be accepted.

Direct any questions regarding this solicitation to Ivan Tashovski, Procurement Agent by an email to skopjegsoprocurement@state.gov, tashovskii@state.gov or by telephone +389 (0)2 310 2186, during regular business hours.

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 30MB, 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. SF-1442

2. Section A, Pricing

3. Section L Representations and Certifications

4. Additional information as required in Section J

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, Michael J. Fundahn

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

TABLE OF CONTENTS

SF-1442 COVER SHEET

A. PRICING

B. STATEMENT OF WORK

C. PACKAGING AND MARKING

D. INSPECTION AND ACCEPTANCE

E. DELIVERIES AND PERFORMANCE

F. CONTRACT ADMINISTRATION DATA

G. SPECIAL TERMS AND CONDITIONS

H. CLAUSES

I. LIST OF ATTACHMENTS

Attachment 1: PEDESTRIAN GATES DESIGN

Attachment 2: SPECIFICATIONS FOR PIPE AND RAILINGS

Attachment 3; SPECIFICATIONS FOR CAST IN PLACE CONCRETE

J. INSTRUCTIONS ON HOW TO SUBMIT A QUOTATION

K. EVALUATION CRITERIA

L. REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

19MK8025Q0016

2. TYPE OF SOLICITATION

SEALED BID (IFB)

[ ] NEGOTIATED (RFP)

3. DATE ISSUED

05/29/2025

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

PR15226314

6. PROJECT NO.

7. ISSUED BY CODE MK800 8. ADDRESS OFFER TO

AMERICAN EMBASSY SKOPJE

UL. SAMOILOVA # 21, 1000,

SKOPJE

NORTH MACEDONIA

ATTN: GSO/PROCUREMENT

skopjegsoprocurement@state.gov tashovskii@state.gov

AMERICAN EMBASSY SKOPJE

UL. SAMOILOVA # 21, 1000,

ATTN: GSO/PROCUREMENT

SKOPJE

NORTH MACEDONIA

9. FOR INFORMATION

CALL:

A. NAME

Ivan Tashovski

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

+389 (2) 310-2186

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

-Scope Of Work Section B

-Please fill clause 52.204-26 Covered Telecommunications Equipment or Services- Representation (DEC 2019) located in the clauses section below.

Send the filled clause 52.204-26 together with your quote.

-Please fill in in section L.8 CERTIFICASTION REGARDING COMPLIANCE WITH APPLICABLE

FEDERAL ANTI-DISRIMINATION LAW

11. The Contractor shall begin performance within __5__ calendar days and complete it within _90___ calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See _______________.)

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If “YES,” indicate within how many calendar days after award in Item 12B.)

YES NO

12B. CALENDAR DAYS

N/A

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __1__ copies to perform the work required are due at the place specified in Item 8 by 11.00 a.m. (hour) local time ____04/07/2025_____ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

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

D. Offers providing less than _60___ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Computer Generated Prescribed by GSA FAR (48 CFR) 53.236-1(e) mailto:skopjegsoprocurement@state.gov

1 19MK8025Q0016

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within _____ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

Michael J. Fundahn

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

Michael Fundah Contractin Officer

31C. AWARD DATE

2 19MK8025Q0016

Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)

U.S. EMBASSY SKOPJE, REPUBLIC OF NORTH

MACEDONIA

EMBASSY COMPOUND PERIMETER FENCE

PEDESTRIAN GATES

SECTION A – PRICING

A. 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. This price shall include all labor, materials, all insurances, overhead and profit.

A.1. VALUE ADDED TAX

VALUE ADDED TAX (VAT). The Contractor shall include VAT as a separate charge on the Invoice and as a separate line item in Section B.

The Contractor shall deliver the following items:

Item No.

Quan tity

Unit

Description

Price

1 1 LOT Complete the construction of pedestrian gate at the location of the existing perimeter fence vehicle gate

#2. Fabricate all materials and complete all works specific for this pedestrian gate listed in the SOW, the A/E design and construction specifications.

MKD

2 1 LOT Complete the construction of pedestrian gate at the location of the existing perimeter fence vehicle gate #3. Fabricate all materials and complete all works specific for this pedestrian gate listed in the SOW, the A/E design and construction specifications.

MKD

3 VAT TAX MKD

4 1 LOT DBA Insurance MKD

Total firm-fixed price

MKD

3 19MK8025Q0016

SECTION B - STATEMENT OF WORK

1 INTRODUCTION

1.1 The US Embassy Skopje requires construction services to fabricate all needed elements and build two new pedestrian gates at the embassy compound existing perimeter metal fence. The location and the design of the gates and their supporting structures is shown on the design drawings that are part of this contract’s SOW.

1.2 The contractor shall provide complete construction services, contractor’s coordination/supervision, including but not limited to the management and professional construction necessary to meet the requirements listed in this

SOW and the design drawings all within the established schedules.

2 CONSTRUCTION WORK SPECIFICS

2.1 Mechanical works

2.1.1 The contractor shall fabricate all metal fabrications per the approved construction design bill of materials and shop drawings, part of this contract’s SOW.

2.1.2 All handrails and railings shall comply to the requirements listed in

OBO specification 05521 – Pipe and tube railings that is part of this contract’s SOW;

2.1.3 The contractor shall apply the following corrosion protection schedule:

2.1.3.1 Workshop applied primer: HEMPADUR ZINC 17360

BASE 17369 with CURING AGENT 97040 (or equivalent other);

2.1.3.2 Intermediate coat: epoxy coating HEMPADUR MASTIC

45880 (or equivalent other);

2.1.3.3 Top coat: high-gloss acrylic polyurethane enamel

HEMPATHANE ENAMEL 55100 (or equivalent other);

2.1.3.4 Finish color to be RAL-7022

2.1.4 The contractor shall complete all field construction in accordance with the issued for construction drawings that are part of this

4 19MK8025Q0016

contract’s SOW;

2.2 Structural works

2.2.1 The contractor shall complete all structural elements per issued for construction drawings that are part of this contract’s SOW;

2.2.2 Cast in place concrete shall comply to OBO specification 03300 –

Cast-in-place concrete that is part of this contract’s SOW;

2.2.3 In addition to the scope of civil works presented in the approved design drawings, the contractor shall complete the following work needed to lay electrical conduits and complete the planned relocation of the existing light post at Gate #3:

2.2.3.1 Remove a 3 m long section of the existing street curbs;

2.2.3.2 Demolish the existing concrete pavement along the same length and excavate a trench 1 m deep and 0.5 m wide;

2.2.3.3 Encase the electrical PVC conduits in concrete at least 10 cm thick on each side of the conduit;

2.2.3.4 Backfill and compact the trench;

2.2.3.5 Restore top concrete pavement and street curbs;

2.3 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

2.3.1 The Contracting Officer may designate in writing one or more

Government employees, by name or position title, to act 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.

2.3.2 The COR for this contract is Toni Dimitrov, US Embassy’s FAC

Mechanical Engineer.

2.3.3 The Contractor shall give written assurance to the COR that all contractor staff performing work on or for the project have obtained all requisite licenses and permits.

5 19MK8025Q0016

2.3.4 This is a firm fixed price contract and no charges or increases will be made due to contractor oversights, or unanticipated expenditures.

All additional claims beyond the terms of the contract will be made in writing and directed to the US Embassy Contracting Officer for reconciliation.

2.3.5 The contractor shall in timely manner inform about any

discrepancies in the issued for construction drawings and submit, in writing and in timely manner, a Request for Information (RFI);

2.3.6 All work shall be performed during 0800 – 1800 hrs., Mondays thru

Fridays. 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.

2.3.7 Project Schedule: The Contractor shall provide a project schedule summary, including all related tasks so the contractor can deliver on time. This schedule should contain all important delivery dates, time restrictions and the expected project duration.

2.4 MILESTONES/SCHEDULE OF DELIVERABLES

Item Deliver to: Delivery Date

Contract Award Contractor +0

Design Notice to Proceed (NTP) Contractor +5

Site Survey - +5

Workshop fabrication of gate elements, metal railings, metal platforms, perimeter fence posts etc.

Site +45

6 19MK8025Q0016

3 CONTRACT ADMINISTRATION

3.1 Kick-Off Meeting: Within 5 (five) business days after issuances of the

Notice to Proceed (NTP), the Contractor shall assemble a team to participate in a meeting at the embassy premises, with the Contracting Officer (CO), Contracting Officer’s Representative (COR), Work Safety Officer (POSHO) officer. The meeting will include discussions of Project construction schedule, review of the SOW and other technical aspects of the project.

3.2 Work safety (SHEM) requirements. SHEM requirements are mandatory during the project completion. Work safety is essential having in mind that both construction sites are frequented by embassy employees. Both personnel safety and safety of the equipment is a priority. Contractor shall take special care to provide adequate screens and/or other arc-flash protection during filed welding works. Welding screens are essential in order to protect the embassy employees and other passers-by during construction welding.

3.3 Onsite Execution Work Plans: Prior to each and all site mobilizations, the

Contractor shall provide a copy of a detailed execution plan, which includes dates, specific daily tasks, shutdown requirements / lengths, equipment / systems parts to be installed, specific employees lists to be dispatched and their qualifications.

3.4 Progress Reports Requirement: Following award, the Contractor shall submit progress reports to the COR on a weekly basis.

3.5 Reports shall be either letter or A4 format, either in PDF or Word. Reports shall contain all information relevant to the project, including a description of work accomplished, work in progress, planned activities, arising/occurring issues, proposed solutions,

3.6 Project Schedule Updates: The Contractor shall also provide weekly project schedule updates that record actual work progress versus the approved base lined schedule. These schedules shall have identical formats for clarity.

3.6.1 The Contractor shall plan, estimate, and schedule all work to assure labor, and equipment are available to complete work requirements within the specified time limits and in conformance and quality standards and performance requirements established herein. The

Contractor shall utilize Critical Path methodologies and processes to schedule, plan, monitor and manage this task order. Provide phasing schedule of the work to be done during the construction period

Complete all civil works and installation of metal fabrications

Site +90

7 19MK8025Q0016

3.6.2 The schedule shall be scaled initially by weeks or at COR request.

3.6.3 All schedule updates and progress recording shall be validated by the Contractor in writing to be accurate as of the reporting date.

3.6.4 The schedule shall also include an initial base-line date indicating the date which the schedule was base lined and for subsequent schedule submission requirements the data date shall reflect the current and/or revised schedule date.

3.7 Deployment Reports, Checklists, Punchlists & Inspection Records: All deployment reports, checklists, punch-lists, scheduled/performed inspection records, corrective actions taken, cost data, and program economic reports shall be maintained by the Contractor through the term of this contract. The file(s) shall be the property of the Government and made available to the

Contracting Officer’s Representative (COR) during regular working hours.

The file shall be turned over to the Contracting Officer (CO) and Contracting

Officer’s Representative (COR) within three (3) working days following completion or termination of this contract.

3.8 Operation & Maintenance (O&M) Manual: The contractor shall provide and submit all project specific O&M manuals for all major equipment and all significant appurtenances being provided as a part of the project. The O&M manual must include all recommended preventive maintenance tasks for the estimated life of the equipment. The preventive maintenance plan must include items, such as weekly, monthly, semi-annually, annually, etc. tasks.

3.9 Commissioning/Final Demonstration: The Contractor shall provide a demonstration of equipment function in its entirety at the end of the project.

Equipment and systems shall not be considered accepted and turned over to the Government without successful commissioning and demonstration.

3.9.1 The full team shall be required onsite to complete the

Commissioning/Final Demonstration phase.

3.10 Warranties: The Contractor shall provide fully documented warranties on all equipment, materials and workmanship:

3.10.1 Manufacturer’s Equipment Warranties and Identification of

Warranty Items

3.10.2 Two-Year Workmanship Guarantee: Covers all equipment, materials and labor in the event that any items of work are found defective.

3.11 As-Built Drawings: The Contractor shall modify final drawings to show as-built conditions within 30 days following formal substantial completion. As-built conditions shall be documented and maintained up to date with re-lined copies during execution.

8 19MK8025Q0016

3.11.1 Provide as-built drawings within 30 days following formal substantial completion.

3.12 The Contractor shall NOT conduct any work that is beyond this Statement of

Work unless directed in writing by the Contracting Officer (CO). Any work done by the Contractor beyond this SOW without direction from the CO will be at the Contractor’s own risk and at no cost to the Government. No work shall be initiated until the CO issues the NTP (notice to proceed).

3.13 Decisions by the COR regarding construction quality will be final.

Construction issues recognized by the COR as requiring actions outside the existing Statement of Work will be separately documented and require a contract modification.

3.14 To expedite the construction and minimize disturbance to USG’s operation, the Contractor may be required to work hours than what are considered normal working hours (i.e. evenings and on weekends).

4 PAYMENTS

4.1 The Contractor shall provide a fixed priced lump sum proposal to the

Contracting Officer.

4.2 The Contractor shall submit an invoice with substantiating documents to the

COR. The COR will determine if the invoice is complete and proper as submitted. The COR will also determine if billed services have been satisfactorily performed and if expenses billed are correct. If it is determined that the amount billed is incorrect, the COR will within seven days, request the Contractor to submit a revised invoice.

9 19MK8025Q0016

SECTION C - PACKAGING AND MARKING

Packaging and marking shall follow commercial practice.

Deliverable items other than letter reports shall be three-hole punched and bound with screw-type binders and rubber bands.

The Contractor shall address letters, and all deliverables as listed below:

- email skopjeprocurement@state.gov

- address:

American Embassy Skopje

Attn: GSO/Procurement

St. Samoilova 21

1000, Skopje

SECTION D - INSPECTION AND ACCEPTANCE

D.1.0. INSPECTION

The Contractor shall maintain a system of quality assurance and quality control to ensure that the design and documentation of the design meet the requirements of this contract.

The Government reserves the right to inspect the Contractor's work as well as its system of Quality Assurances and Quality Control (QA/QC).

The Contractor's key individual responsible for quality of design is the COR (Contracting

Officer Representative).

The Contractor's key individual responsible for quality of documentation is COR. If a key individual (see D.3 below) needs to be replaced during performance of this contract the contractor shall submit a resume for a replacement to the COR for approval.

D.2.0. ACCEPTANCE

Acceptance of deliverable items shall be by the COR. Acceptance or use of documents developed under this contract shall not relieve the Contractor of responsibility for the design.

D.3.0. QUALITY PROGRAM REQUIREMENTS FOR DESIGN CONTRACTS

The Contractor shall prepare and implement (based on approval by the Government), a

Quality Assurance and Control Plan. The Contractor shall address the following areas in the plan:

D.3.1. Organizational Structure. Proposed organizational structure for the project, including charts and a description of responsibilities of key persons who will perform the mailto:skopjeprocurement@state.gov

10 19MK8025Q0016

work. The Contractor shall identify persons responsible for interface with the

Government.

D.3.2. Document Control. The program must ensure that documents, including changes, will be reviewed for adequacy, approved for release by authorized personnel, and properly conveyed to the Government. Persons responsible for reviewing, approving, and releasing documents and revisions must be identified.

D.3.3. Verification. The Contractor shall identify the senior person (s) who will be responsible for final review and verification before documents are transmitted to the

Government. Cursory supervisory reviews will not be sufficient. Design verification may vary from spot-checking of calculations to full-scale review of design drawings and specifications, as the situation requires.

D.3.4. Corrective Action. The quality program must clearly define responsibility and procedures for corrective action if deficiencies in the services or resulting deliverables are found.

D.3.5. Quality Assurance Reporting. The Contractor shall prepare a Quality Assurance

(QA) report. This report shall identify the QA procedures used to review drawings and data for these submissions. This report shall also identify steps taken to coordinate all drawings and documents prepared by the Contractor and subcontractors. The report shall include:

1. QA status of the project.

2. Significant program problems and their solutions/corrective actions.

3. Organization and key personnel changes, as required.

D.3.6. Checking, Coordinating, and Integrating Drawings. Quality control procedures shall ensure that individual drawings and other documentation have been checked and that all documentation, including that of the supporting disciplines (such as civil, structural, mechanical, electrical) has been coordinated and integrated. The Contractor shall correct deficiencies, ambiguities, conflicts, and inconsistencies before document submittal.

D.3.7. Design-to Budget. The Contractor shall describe the procedure for meeting the design-to budget target. The procedure shall include a clear understanding of the cost implications during all design phases. The work of all subcontractors is to be included in the procedure.

11 19MK8025Q0016

SECTION E - DELIVERIES AND PERFORMANCE

E.1.0. PERIOD OF PERFORMANCE

The contractor shall complete all work required by this contract within the period indicated in Delivery Schedule. This period includes up to 1 month (30 calendar days) for Government review and approval for each deliverable item required by the contract.

E.2.0. CONTRACTOR DELAYS

The project schedule is a key parameter of this project. Completion of the design and documentation is key to the project as a whole. Liquidated damages are anticipated for construction associated with this project; they are not required for this A/E effort. The

Government will require adequate consideration for any slippage in schedule without excusable delay. The Contractor is required to document any delays and submit justification to the Contracting Officer.

E.3.0. DELIVERY SCHEDULE

The Contractor shall deliver the items listed in Section A on the following delivery schedule:

E.4.0. DELIVERABLES

E.4.1. Delivery of monthly reports shall be as follows: Three (3) copies to the COR at the following address: US Embassy Skopje, st. Samoilova21, 1000, Skopje, North

Macedonia.

E.4.2. All delivery charges shall be prepaid by the Contractor.

SECTION F - CONTRACT ADMINISTRATION DATA

F.1.0. 652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

(AUG 1999)

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

(COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation.

(b) The COR for this contract is the Mechanical Engineer Toni Dimitrov.

F.1.1. Duties

12 19MK8025Q0016

The COR may provide technical advice, substantive guidance, inspections, invoice approval, and other purposes as deemed necessary under the contract. The COR is designated as the authority to act for the Contracting Officer in matters concerning technical clarification, inspection, and acceptance of the Contractor's performance under this contract. The COR will coordinate all work with the Contractor during the term of this contract. In no instance is the COR authorized to alter the contract's terms or conditions, including the design to budget parameter. Such changes must be authorized by the Contracting Officer in a written modification to the contract. Reference to the project architect within documents incorporated into this contract shall be read to mean

COR.

F.2.0. INVOICING AND PAYING INSTRUCTIONS

F.2.1. The Contractor shall submit invoices in the original and three copies to the designated billing address indicated in this contract. The COR will determine whether the invoice is complete and proper as submitted. The COR also will determine whether billed services have been satisfactorily performed and whether reimbursable expenses billed are correct. If the amount billed is incorrect, the COR will, within seven days, ask the Contractor to submit a revised invoice.

F.2.2. The Contractor shall specifically identify its last invoice as "Final Invoice." The final invoice shall include the remaining payments due under the basic contract and any and all modifications issued. The final invoice shall also attach a "Contractor's Release

Certificate". The Contractor should keep one copy of the certificate for its files and include the others with each copy of the final invoice. If the Contractor has any questions regarding payment status, contact the COR.

F.2.3. Monthly progress payments pursuant to the contract clause FAR 52.232-10 titled

"Payments Under Fixed Price Architect Engineer Contracts” are not authorized.

Payments for deliverable items listed in Section A shall be made in accordance with FAR

52.232-1, "Payments." For reimbursable expenses listed in Section G, payment shall be made after an acceptable invoice has been submitted by the Contractor. The Contractor shall mail invoices to:

- skopjeinvoices@state.gov

- US Embassy Skopje, st. Samoilova21, 1000, Skopje, North Macedonia.

Invoices shall reflect the contract number and the name of the COR.

F.2.4. The Contractor shall not be eligible to receive payments for any subsequent deliverables until the Government has accepted the previous deliverables.

SECTION G - SPECIAL TERMS AND CONDITIONS

G.1.0. SECURITY

mailto:skopjeinvoices@state.gov

13 19MK8025Q0016

The following considerations must be followed by the Contractor and/or must be incorporated into the design documents.

G.1.1. All documents received or generated under the contract are the property of the

U.S. Government.

G.1.2. All documents are to be controlled and disseminated on a need-to-know basis.

Reproduction and distribution is prohibited without express approval of the U.S.

Government. The Contractor shall mark all design and construction documents as follows:

WARNING

This document is the property of the United States Government. Further reproduction and/or distribution is prohibited without the express written approval of:

US Embassy Skopje, st. Samoilova21, 1000, Skopje, North Macedonia.

G.1.3. Proposed and actual contract documents will only be disseminated on a strict need-to-know basis and will not be further disseminated without prior authorization from the Department of State.

G.1.4. Contractor personnel receiving proposed or actual contract documents, to include blueprints, other technical drawings, sketches, photographs, exposed negatives, and/or descriptive narratives pertaining to the project, will be responsible for these materials while in their possession, or that of any of their subcontractors. The Contractor shall return all documents, including all copies, promptly upon demand by the Government.

G.1.5. Photographs of any public areas of any U.S. diplomatic or consular facility overseas must be approved and authorized in advance by the Site Security Manager

(SSM) and/or the Senior Security Officer (SSO). The SSO or SSM will establish any controls, limits, and/or other restrictions as deemed necessary. The Contractor shall submit a written request for authorization for such photography citing the reason(s) and use(s) for the photographs and/or negatives.

G.1.6. The Department of State shall be afforded the opportunity to review all photographs and negatives in advance of any public use and reserves the right to deny such use. No further dissemination, publication, duplication, or other use beyond that which was requested and approved under this contract is authorized without specific advance written approval from the Department of State.

G.1.7. The Department reserves the right to demand retention of all copies of photographs and negatives.

G.2.0. DESIGN-TO-BUDGET

N/A

G.3.0. CONSTRUCTION COST ESTIMATING

14 19MK8025Q0016

G.3.1. The Contractor shall prepare estimates of the cost of construction and these shall be marked as "Source Selection Information". The Contractor shall safeguard the confidentiality and prevent unauthorized distribution of these estimates.

G.3.2. The Contractor shall prepare construction cost estimates with the same attention to detail as if the Contractor were bidding on the project as a construction contractor.

The Contractor shall base estimates on the same construction contract conditions and specifications that will be used by the Government for procurement of the facilities being designed. Attached for reference are the model construction contract documents and procedures used by the Department of State.

G.3.3. The Contractor shall provide estimates of the cost of construction of the facilities described in the Scope of Work with each of the 35%, 60%, and 100% Construction

Documents submittals. These estimates shall indicate the anticipated cost of construction of the facilities in the country and locale where such facilities are to be built at the estimated midpoint of construction in MKD. Approval to proceed with subsequent phases will not be granted until all budgetary issues are resolved. See "Design-to-

Budget" and Section H, clause 52.236-22 titled "Design within Funding Limitations" for the estimated construction contract price and additional information on the use of construction cost estimates.

G.3.4. The Contractor shall allocate the total projected costs among the 16 divisions contained in the Construction Specifications Institute (CSI) format (see model construction solicitation). The Contractor shall furnish price lists comparing available foreign materials to equivalent U.S. materials, if known, that may be used in construction.

The Contractor shall identify any contingencies for each division.

G.3.5. The Contractor shall furnish quantities and pricing data for each section within each division showing labor, materials, overhead, and profit. The Contractor shall furnish a list of all foreign materials to be used in the facilities with their unit prices compared to prices for comparable U.S. materials. The costs for U.S. materials shall include, as a separate item, the estimated shipping costs to the site of construction. If the

Contractor has specified a foreign material and there is no comparable U.S. material, the

Contractor shall identify the material, and the price of the foreign material used.

G.3.6. The Contractor shall compare these estimates to the design-to-budget amount and confirm that the facilities as designed can be constructed in the designated locale within the budgeted amount. The Contractor shall promptly advise the Contracting Officer whenever it may know, or have reason to believe, that the estimated cost of construction for the facilities being designed will exceed or is likely to exceed the design-to-budget cost.

In addition to the clause of FAR 52.236-22, if at any time it is determined that the estimated cost of construction exceeds the design-to-budget amount, the Contracting

Officer may direct the Contractor to perform redesign and other services as needed to reduce the estimated cost of construction to an amount that is within the design-to-budget amount. The Contractor shall perform redesign and other services no additional cost to

15 19MK8025Q0016

the Government. The Contractor shall not be required to perform such redesign and other services at no cost to the Government if the Contracting Officer determines that the estimated cost of construction exceeds the design-to-budget amount for reasons beyond the reasonable control of the Contractor.

G.4.0. REIMBURSABLE EXPENSES

N/A

G.5.0. ORGANIZATIONAL CONFLICTS OF INTEREST

Neither the Contractor nor any of its employees, affiliates, or related entities may propose on the construction effort envisioned by this contract. The Contractor, its employees, affiliates, or related entities may not provide consulting or subcontract services related to the construction to any offeror or prospective offeror on the construction contract.

The Contractor shall include this clause in all subcontracts, purchase orders, and consulting agreements for service.

G.6.0. RELEASE OF INFORMATION

All data furnished to the Contractor and data developed in connection with the project shall be considered privileged. The Contractor shall not make public announcements, including news and press releases; these are the prerogative of the Contracting Officer.

G.7.0. NOTIFICATION OF CHANGES

G.7.1. This clause applies to changes other than changes directed by the Government pursuant to the contract clause titled "Changes - Fixed Price (AUG 87) Alternate III

(APR 1984)."

G.7.2. Definitions. "Contracting Officer," as used in this clause, does not include representatives of the Contracting Officer.

G.7.3. Notice. The primary purpose of this clause is to obtain prompt reporting of

Government conduct that the Contractor considers to be a change to this contract. Except for changes identified in writing and signed by the Contracting Officer, the Contractor shall notify the Contracting Officer in writing within ten (10) days from the date the

Contractor identified any Government conduct (including actions, inactions, and written or oral communications) that the Contractor regards as a change to the contract terms and conditions. Any notification received after 10 days will not be considered. Based on the most accurate information available to the Contractor, the notice shall state -

(i) The date, nature and circumstances of the conduct regarded as a change.

(ii) The name, function, and activity of each Government individual and

Contractor official or employee involved in or knowledgeable about such conduct.

16 19MK8025Q0016

(iii) The identification of any documents and the substance of any oral communication involved in such conduct.

(iv) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose.

(v) The elements of contract performance that the Contractor may seek an equitable adjustment under this clause, including –

• What contract line items have been or may be affected by the alleged change.

• What labor or materials or both have been or may be added, deleted, or wasted by the alleged change.

• To the extent practicable, what delay and disruption in the manner and sequence of performance and effect on continued performance have been or may be caused by the alleged change.

• What adjustments to contract price, delivery schedule, and other provisions affected by the alleged change are estimated; and

(vi) The Contractor's estimate of the time by which the Government must respond to the Contractor's notice to minimize cost, delay, or disruption of performance.

G.7.4. Continued Performance. Following submission of the notice required above, the

Contractor shall diligently continue performance of this contract to the maximum extent possible in accordance with its terms and conditions as construed by the Contractor.

Unless the notice reports a direction of the Contracting Officer or a communication from a representative of the Contracting Officer, the Contractor shall continue performance.

However, if the Contractor regards the direction or communication as a change as described above, notice shall be given in the manner provided.

G.7.5. Government Response. The Contracting Officer shall, within thirty (30) days after receipt of notice, respond to the notice in writing. In responding, the Contracting

Officer shall -

(1) Confirm that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance.

(2) Countermand any communication regarded as a change.

(3) Deny that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance; or

(4) Advise the Contractor what additional information is required and when and establish the date by which it should be furnished and the date the

Government will respond.

G.7.6. Equitable Adjustments.

If the Contracting Officer confirms that the Government conduct effected a change as alleged by the Contractor, and the conduct causes an increase or decrease in the

17 19MK8025Q0016

Contractor's cost of, or the time required for, performance of any part of the work under this contract, the Government will modify the contract to make an equitable adjustment -

(1) In the contract price or delivery schedule or both; and

(2) Any other term of the contract affected.

In the case of drawings, designs, or specifications that are defective, and the Government is responsible, an equitable adjustment shall include the cost and time extension for the delay reasonably incurred by the Contractor in attempting to comply with the defective drawings, designs, or specifications before the Contractor identified, or reasonably should have identified, such defect. When the cost of property made obsolete or excess as a result of a change confirmed by the Contracting Officer under this clause is included in the equitable adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of the property. The equitable adjustment shall not include increased costs or time extensions for a delay resulting from the Contractor's failure to provide notice or to continue performance as provided above.

G.7.7. Failure to agree to any adjustment shall be a dispute under the Disputes clause.

Nothing in this section shall relieve the Contractor from proceeding with the work.

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

18 19MK8025Q0016

SECTION H - 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)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (JAN 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS (JUN 2020)

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 (NOV 2021)

52.216-7 ALLOWABLE COST AND PAYMENT (AUG 2018)

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES

(FEB 1997)

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

19 19MK8025Q0016

52.222-19 CHILD LABOR-COOPERATION WITH AUTHORITIES AND

REMEDIES (NOV 2023)

52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING (JUN 2020)

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

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND

TRANSLATION OF CONTRACT (FEB 2000)

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 2000)

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

52.228-15 PERFORMANCE AND PAYMENT BONDS-CONSTRUCTION (JUN

2020)

52.229-6 TAXES - FOREIGN FIXED-PRICE CONTRACTS (FEB 2013)

52.229-7 TAXES- FIXED PRICE CONTRACTS WITH FOREIGN

GOVERNMENTS (FEB 2013)

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS

(MAY 2014)

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

52.232-11 EXTRAS (APR 1984)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

52.232-22 LIMITATION OF FUNDS (APR 1984)

52.232-25 PROMPT PAYMENT (JAN 2017)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN

2017)

20 19MK8025Q0016

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR

AWARD MANAGEMENT (OCT 2018)

52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER – OTHER THAN

SYSTEM FOR AWARD MANAGEMENT (JULY 2013)

52.233-1 DISPUTES (MAY 2014) ALTERNATE I (DEC 1991)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE

WORK (APR 1984)

52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

52.236-8 OTHER CONTRACTS (APR 1984)

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES,

EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984)

52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

52.236-12 CLEANING UP (APR 1984)

52.236-13 ACCIDENT PREVENTION (NOV 1991)

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB

1997)

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

52.242-14 SUSPENSION OF WORK (APR 1984)

52.243-4 CHANGES (JUN 2007)

52.243-5 CHANGES AND CHANGED CONDITIONS (APR 1984)

21 19MK8025Q0016

52.245-2 GOVERNMENT PROPERTY INSTALLATION OPERATION

SERVICES (APR 2012)

52.245-9 USE AND CHARGES (APR 2012)

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN

2003)

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

52.246-26 REPORTING NONCONFORMING ITEMS (NOV 2021)

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT

(FIXED-PRICE) (APR 2012)

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

52.249-14 EXCUSABLE DELAYS (APR 1984)

I. FAR CLAUSES INCORPORATED IN FULL TEXT

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (NOV 2021)

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired

(e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications

Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology

Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of

National Intelligence or the Director of the Federal Bureau of Investigation, reasonably

22 19MK8025Q0016

believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions

List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal

Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal

Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S.