RFQ no. 19CA7023Q0003.pdf

Page | 1

CONSULATE GENERAL OF THE

UNITED STATES OF AMERICA

360 UNIVERSITY AVENUE

TORONTO, ONTARIO

CANADA M5G 1S4

April 17, 2023

SUBJECT: Solicitation Number: 19CA7023Q0003 Title of the Project: Restoration of Two Washrooms on 3rd floor at COB

Dear Prospective Offeror, The U.S. Consulate General Toronto invites you to submit a quotation for 3rd floor washroom restoration at the U.S. Consulate office building at 360 University Avenue, Toronto, ON, M5G 1S4. If you are interested in submitting a quotation for this project, please read the instructions included in the attached Request for Quotation (RFQ).

The Consulate intends to conduct a site visit and hold a pre-proposal conference. The conference is expected to be held at 360 University Avenue, Toronto, ON, M5G 1S4 on Wednesday, April 26, 2023 at 10:00 a.m. EST. All prospective offerors who have received a solicitation package are invited to attend and must confirm their attendance by providing names to AfrinSL@state.gov by COB Friday, April 21, 2023.

Submit any questions you may have concerning the solicitation documents in writing by email to AfrinSL@state.gov by COB Wednesday, May 03, 2023. Responses will be made available in writing to all prospective offerors.

Your printed quotation must be submitted in a sealed envelope marked "Quotation for 19CA7023Q0003 Enclosed" to the following address:

U.S. Consulate General Toronto 360 University Avenue, Toronto, ON, M5G 1S4 Attn. Contracting Officer on or before 4:00 p.m. EST on Wednesday, May 17, 2023. No proposal will be accepted after this time.

Alternatively, electronic quotations may be submitted with “Quotation 19CA7023Q0003 Attached” reference in the subject line to the Contracting Officer Kelly Gerstbacher at gerstbacherka@state.gov on or before 4:00 P.M. EST on Wednesday, May 17, 2023. No electronic proposals will be accepted after this time. 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.

mailto:AfrinSL@state.gov mailto:AfrinSL@state.gov mailto:gerstbacherka@state.gov

Page | 2

Complete the OFFER portion of the Standard Form 1442, including all blank spaces, and have the form signed by an authorized representative of your company, or the proposal may be considered unacceptable and may be rejected. For a proposal to be considered, you must also complete all relevant sections of RFQ requiring Offeror’s input and submit all sections of the

RFQ.

The Purchase Order will be a firm fixed price contract, with no adjustment for any escalation in costs or prices of labor or materials. Each offeror will be responsible for determining the amount of labor and materials that will be required to complete the project, and for pricing its proposal accordingly.

The project completion time is 120 calendar days from the date included in the Notice to Proceed. In the event of an unauthorized or unexcused delay in completing the project, liquidated damages in the amount of CAD$1,000.00 per calendar day will be assessed until substantial completion of the project is achieved.

The Contracting Officer reserves the right to reject any and all proposals and to waive any informality in proposals received. In addition, the Consulate reserves the right to establish a competitive range of one or more offerors and to conduct further negotiations concerning price and other terms before awarding the contract, or to award without discussions.

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

1. SF-1442

2. Section I, Pricing

4. Additional information as required in Section 3

6. Proof of SAM Registration

Should you have any question or concern, please feel free to contact the Contracting Officer Kelly Gerstbacher at gerstbacherka@state.gov or the Procurement agent Afrin Sarmin at afrinsl@state.gov.

Sincerely, Kelly A. Gerstbacher Contracting Officer U.S. Consulate General, Toronto

Enclosure:

RFQ Package mailto:gerstbacherka@state.gov

Page | 3

TABLE OF CONTENTS

A. COVER PAGE – STANDARD FORM 1442

B. CONTRACT PRICE

C. DESCRIPTION/ SPECIFICATIONS - SCOPE OF WORK

D. PACKAGING AND MARKING

E. INSPECTION AND ACCEPTANCE

F. DELIVERIES OR PERFORMANCE

G. CONTRACT ADMINISTRATION DATA

H. SPECIAL CONTRACT REQUIREMENTS

I. CONTRACT CLAUSES

J. LIST OF ATTACHMENTS

K. REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS

L. INSTRUCTIONS, CONDITIONS, AND NOTICES

M. EVALUATION FACTORS FOR AWARD

ATTACHMENTS:

Attachment 1: Breakdown of Price by Divisions of Specifications

Attachment 2: Specifications

Attachment 3: Sample Letter of Bank Guaranty

Attachment 4: Sample Payment Bond

Attachment 5: Scope of Work (SOW)

Attachment 6: Drawings of the Existing Washrooms

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER

19CA7023Q0003

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

04/17/2023

PAGES

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

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER

PR11577052

6. PROJECT NUMBER

7. ISSUED BY CODE CA700

AMERICAN CONSULATE GENERAL TORONTO

360 UNIVERSITY AVENUE, ATTN: MGT/GSO

TORONTO ON M5G 1S4

CANADA

8. ADDRESS OFFER TO

AMERICAN CONSULATE GENERAL TORONTO

360 UNIVERSITY AVENUE, ATTN: MGT/GSO

TORONTO ON M5G 1S4

CANADA

9. FOR INFORMATION

CALL:

a. NAME Sarmin L Afrin

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS) 437-221-3893

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 number, date)

RFQ Package

11. The contractor shall begin performance within 10 calendar days and complete it within 120 calendar days after receiving award, x notice to proceed. This performance period is mandatory x negotiable. (See ).

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and 1 local time 05/17/2023 copies to perform the work required are due at the place specified in Item 8 by 16:00 (hour)

(date). If this is a sealed bid solicitation, offers will 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 x is, is not required.

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

d. Offers providing less than 30 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

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

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

x YES NO

12B. CALENDAR DAYS

Section A - Cover Page - Standard Form 1442

AMOUNTS

OFFER (Must be fully completed by offeror)

15. TELEPHONE NUMBER (Include area code)14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

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

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing 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.)

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

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

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)

30B. SIGNATURE 30C. DATE 31B. UNITED STATES OF AMERICA, BY 31C. AWARD DATE

Page | 5

SECTION B - CONTRACT PRICE

RFQ Number 19CA7023Q0003

CONSTRUCTION SERVICES: WASHROOM RESTORATION AT COB 3rd FLOOR

B.1 CONTRACT 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.

Total Labor Cost before Tax in Canadian Dollars: $ ____________________________

Total Material Cost before Tax in Canadian Dollars: $ ____________________________

Total Price before Tax in Canadian Dollars:

(including all labor, materials, overhead and profit) $ ____________________________

Value Added Tax:

(VAT, HST, GST, PST, QST) $ ____________________________

Grand Total in Canadian Dollars:

(including Value Added Tax) $ ____________________________

B.2 HARMONIZED SALES TAX (HST)

The Contractor shall include HST as a separate charge on the Invoice and as a separate line item in Section B.

B.3 TYPE OF CONTRACT

This is a firm, fixed- price contract payable entirely in the currency indicated in the SF-1442. No additional sums will be payable for any escalation in the cost of materials, equipment or labor, or because of the Contractor's failure to properly estimate or accurately predict the cost or difficulty of achieving the results required. The Government will not adjust the contract price due to fluctuations in currency exchange rates. The Government will only make changes in the contract price or time to complete due to changes made by the Government in the work to be performed, or by delays caused by the Government.

The Government will make payments based on quantities and unit prices only to the extent specifically provided in the contract.

Page | 6

SECTION C - DESCRIPTION/SPECIFICATIONS

SCOPE OF WORK

C.1 SCOPE OF WORK

The purpose of this fixed price purchase order is for the restoration of the 3rd floor washrooms at the U.S. Consulate General office building at 360 University Avenue, Toronto. The Contractor shall perform the service according to below requirements. The contract drawings are set forth in Section J as Attachment 6 and the Statement of Work are set forth in Section J as Attachment 5.

C.2 DRAWINGS

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 portions of the work.

C.3 CODES AND STANDARDS

(1) All work shall be governed by the:

• 2018 International Code Council body of codes, which in part includes the

International Building Code, International Existing Building Code, International Residential Code, International Mechanical Code, International Fuel Gas Code, International Fire Code, and the International Plumbing Code.

• NFPA 70 National Electrical Code (NEC) 2020;

• The most current version of all other NFPA codes and standards shall be used where not covered by the 2018 International Code Council body of codes.

• Mechanical Systems - ASHRAE and SMACNA Standards.

• Architectural Barriers Act

• Uniform Federal Accessibility Standards (USAF)

• Americans with Disability Act Accessibility Guidelines (ADAAG)]

• OBO design specifications and amendments to the identified codes.

• OBO historical and heritage preservation requirements

• U.S. Army Corp of Engineer’s EM 385-1-1, Safety and Health Requirements

Manual dated November 30, 2014

(2) The Contractor is responsible for compliance with the listed building codes, standards and requirements. Work not in compliance with the aforementioned codes, standards and requirements shall be deemed unacceptable.

(3) Local codes and standards are acceptable provided the local code or standard is more stringent than the mentioned codes, standards and requirements. The Contractor has the burden to prove to the COR that local code(s) or standard is more stringent. In the event of discrepancy, disagreement, or uncertainty the listed codes and standards shall prevail.

(4) It is the responsibility of the contractor to adhere to and obtain any required permit and/or approvals; i.e. utility locates and permits.

Page | 7

C.4 DELIVERABLE SCHEDULE

(1) The Contractor shall commence work under this contract promptly, execute the work diligently, and achieve final completion and acceptance including final cleanup of the premises within the period specified.

(2) Milestones Calendar Days

a. Contractor Pre-Proposal Site Visit April 26, 2023

b. Pre-Commencement Submittals May 17, 2023

c. Award of Contract & Notice to Proceed 10 days after accepting quote

d. Kick-off Meeting Within 10 days of NTP

e. Demolition 10 Days from Kick-off Meeting

f. Construction Immediately after demolition

g. Punch List Submission Immediately after construction

h. USG Review and Comments 10 days

i. Final Acceptance by Consulate After completion of punch list

Total Days 200 days (approximately)

B.5 PROJECT SECURITY

(1) The work to be performed under this contract requires that the Contractor, its employees and sub-contractors submit corporate, financial and personnel information for review by the Consulate. Information submitted by the Contractor will not be disclosed beyond the Consulate.

(a) The contractor is required to submit completed “DS-7673: AUTHORITY FOR RELEASE OF INFORMATION – GOVERNMENT OF CANADA” forms for all workers and sub-contractors assigned to the project prior to commencing work, in order to have a security clearance performed. Each individual will also have to share a copy of their valid Canadian photo ID. Contractor will also be required to submit vehicle information on all assigned vehicles which will be parked in the U.S. government premises prior to commencing work.

(b) The Contractor shall submit this information within five (5) calendar days of the Notice to Proceed.

Page | 8

(2) WORK REQUIREMENTS

(a) No work shall begin until approvals of the Submittals are accepted by the COR. As the building is functional and occupied for U.S. government businesses; workday hours of operation must be submitted and approved by the COR.

(b) The Contractor shall schedule all work during the weekdays, Monday through Friday, between the hours of 8am and 4pm.

(c) Local Bylaw restrictions shall be followed.

(d) If any work needs to be done after regular working hours, the contractor shall submit a request 24 hours ahead of time for approval.

(e) Schedule work to avoid interruptions to normal operations of the building.

Disruptive work shall be scheduled and coordinated with the Contracting Officer and/or the Contracting Officer’s Representative.

(f) The Contractor shall be responsible for all required materials, equipment, and personnel to manage, administer, and supervise the contract.

(g) The Contractor shall perform the work at the site during the Consulate's normal workday hours, unless agreed upon with the COR.

END OF STATEMENT OF WORK

Page | 9

SECTION D - PACKAGING AND MARKING

D.1 The Contractor shall mark materials delivered to the site as follows:

U.S. Consulate General-Toronto (Facilities) 360 University Avenue Toronto, Ontario, M5G 1S4

Page | 10

SECTION E - INSPECTION AND ACCEPTANCE

E.1 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. Also, the full text of a clause may be accessed electronically at:

http://acquisition.gov/far/index.html or http://farsite.hill.af.mil/vffara.htm. These addresses are subject to change.

If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Department of State Acquisition website at http://www.statebuy.state.gov/ to access 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

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

(JUL 2015)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JUL 2013)

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

E.2 QUALITY ASSURANCE

The Contractor shall institute an appropriate inspection system set forth in a Quality Assurance Plan. The plan shall include checklists of duties to be carried out, ensuring these duties are carried out by the supervisory staff and senior employees, and carrying out weekly inspections to determine whether the various services are being performed according to the contract. The Contractor shall provide copies of the weekly inspection reports to the COR.

The Contractor shall correct and improve promptly any shortcomings and substandard conditions noted during inspections. The Contractor shall bring any conditions beyond the responsibility of the Contractor to the attention of the Contracting Officer or COR.

E.2.1 MONTHLY REPORT: The Contractor shall submit to the COR a monthly progress report, along with the monthly invoice, summing up observations resulting from the inspections, progress, difficulties or irregularities encountered, resolution of problems, measures taken to improve conditions, recommendations, and other matters related to this contract.

http://acquisition.gov/far/index.html http://farsite.hill.af.mil/vffara.htm http://www.statebuy.gov/home.htm

Page | 11

E.2.2. INSPECTION BY GOVERNMENT: 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.3 SUBSTANTIAL COMPLETION

E.3.1 DEFINITIONS

(a) "Substantial Completion" means the stage in the progress of the work as determined and certified by the Contracting Officer in writing to the Contractor, on which the work (or a portion designated by the Government) is sufficiently complete and satisfactory. 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.

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.

E.3.2 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 shall 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.

Page | 12

E.4 FINAL COMPLETION AND ACCEPTANCE

E.4.1 DEFINITIONS

(a) "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.

(b) 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.4.2 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.4.3 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:

(a) satisfactory completion of all required tests,

(b) 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

(c) 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).

Page | 13

SECTION F - DELIVERIES OR PERFORMANCE

F.1 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. Also, the full text of a clause may be accessed electronically at:

http://acquisition.gov/far/index.html or http://farsite.hill.af.mil/vffara.htm. These addresses are subject to change.

If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Department of State Acquisition website at http://www.statebuy.state.gov/ to access 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 clauses are incorporated by reference (48 CFR

CH. 1):

CLAUSE TITLE AND DATE

52.242-14 SUSPENSION OF WORK (APR 1984)

F.2 52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK

(APR 1984)

The Contractor shall be required to:

(a) commence work under this contract within 10 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 days. The time stated for completion shall include final cleanup of the premises and completion of “punch list” items.

F.3 LIQUIDATED DAMAGES

F.3.1 52.211-12 LIQUIDATED DAMAGES - CONSTRUCTION (SEP 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 $1,000.00 for each day of delay until the work is completed or accepted.

http://acquisition.gov/far/index.html

Page | 14

(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.3.2. ASSESSMENT AND APPORTIONMENT OF LIQUIDATED DAMAGES

Liquidated damages will be assessed from the completion date indicated in the contract or extensions thereof to the date of substantial completion as actually achieved by the Contractor, as determined by the Contracting Officer.

F.4 CONTRACTOR'S SUBMISSION OF CONSTRUCTION SCHEDULES

(a) The time for submission of the schedules referenced in Section I, 52.236-15, "Schedules for Construction Contracts", paragraph (a), is hereby modified to reflect the due date for submission as "ten (10) 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 schedules 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 a 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.

F.5 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.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

Page | 15

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 this notice not more than ten (10) days after the first event-giving rise to the delay or prospective delay. Only the Contracting Officer may make revisions to the approved time schedule.

F.7 NOTICE TO PROCEED

(a) After receiving and accepting any bonds or evidence of insurance, the Contracting Officer will issue the Contractor a Notice to Proceed. The Contractor shall 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. Issuance of a Notice to Proceed by the Government before receipt of the required bonds or policies shall not be a waiver of the requirement to furnish these documents.

F.8 WORKING HOURS

All work shall be performed Monday through Friday from 8:00 a.m. to 4:00 p.m. except for U.S.

and Canadian government holidays. Demolition, noisy, and disruptive work that would impede normal operation of the building occupants to be performed during after-hours or weekends based on previously agreed upon schedule. 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 will not be a cause for a price increase.

When any such day falls on a Saturday, the preceding Friday is observed; when any such day falls on a Sunday, the following Monday is observed. Observance of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract. If the Contractor's personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized pursuant to an overtime clause elsewhere in this contract.

F.9 EXCUSABLE DELAYS

The Contractor will be allowed time, not money, for excusable delays as defined in FAR 52.249- 10, Default. Examples of such cases include:

(l) 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, Page | 16

(7) epidemics,

(8) quarantine restrictions,

(9) strikes, (l0) freight embargoes,

(11) delays in delivery of Government furnished equipment, and

(12) 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, the failure:

(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.10 PRE-CONSTRUCTION CONFERENCE

A preconstruction conference will be held approximately 10 days after contract award at 360 University Avenue, Toronto, ON M5G-1S4 to discuss the schedule, submittals, notice to proceed, mobilization and other important issues that affect construction progress. See FAR 52.236-26, Pre-Construction Conference in Section I.

F.11 DELIVERABLES

The following items shall be delivered under this contract:

Description Quantity Delivery Date Deliver

To:

H.1. Bonds/Insurance 1 10 days after award CO

H.11. Safety Plan 1 10 days after award COR

E.2. Quality Assurance Plan 1 10 days after award COR

F.4. Construction Schedule 1 10 days after award COR

H.14.1. Submittal Register 1 10 days after award COR

F.10. Pre-Construction Conference 1 10 days after award COR

H.13.2. Biographic Data on Personnel 1 10 days after award COR

E.2.2. Inspection Reports 1 As discussed with COR COR

Page | 17

G.3.2 Payment Request 1 At agreed upon interval.

COR

E.2.1. Monthly Progress Report 1 7th day of the following month

COR

F.4.(c). Updates to Construction Schedule

1 As discussed with

COR.

COR

E.3.2. Request for Substantial Completion

1 5 days before inspection

COR

H.4.4. As-built Drawings and Warranties

1 After final completion but before final acceptance

COR

E.4.2. Request for Final Acceptance 1 5 days before inspection

COR

F.6 Notice of Delay 1 Within 10 days after event

CO

F.8 Additional Hours 1 No later than 24 hours in advance of need

COR

H.2.4 Evidence of Insurance 1 10 days after award CO

H.17.2 Differing Site Condition 1 Within 10 days of occurrence

CO

Page | 18

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 AUTHORITY OF 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.

G.2 MONITORING OF THE CONTRACTOR

G.2.1. 652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG

1999)

(a) The Contracting Officer may designate in writing one or more Government employees, by 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 TBD.

G.2.2 COR DUTIES:

The COR is responsible for inspection and acceptance of services. These duties include review of Contractor invoices, including the supporting documentation required by the contract. 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, random inspection of Contractor performance to ensure compliance with contract specifications 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. The COR is not 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.

G.3 PAYMENT

G.3.1 GENERAL

Payments are subject to FAR 52.232-5, "Payments Under Fixed-Price Construction Contracts".

Page | 19

G.3.2 DETAIL OF PAYMENT REQUESTS

Each application for payment shall cover the value of labor and materials completed and in place, including a prorated portion of overhead and profit. The Government will make payments no more frequently than monthly, unless otherwise provided in this contract.

The Contractor shall address invoices to: TorontoInvoices@state.gov .

G.3.3 PAYMENTS TO SUBCONTRACTORS

The Contractor shall make timely payment from the proceeds of the progress or final payment for which request is being made to subcontractors and suppliers following the Contractor's contractual arrangements with them.

G.3.4 EVALUATION BY THE CONTRACTING OFFICER

Following 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 that is then due. If the Contracting Officer does not approve payment of the full amount applied for, less the retainage addressed in FAR 52.232-5, the Contracting Officer shall advise the Contractor of the reasons.

G.3.5 ADDITIONAL WITHHOLDING

The Government may withhold from payments due the Contractor any amounts as may be considered necessary to cover --

(a) Wages or other amounts due the Contractor's employees on this project;

(b) Wages or other amounts due employees of subcontractors on this project.

(c) Amounts due suppliers of materials or equipment for this project; and

(d) Any other amounts for which the Contractor may be held liable under this contract, including but not limited to the actual or prospective costs of correction of defective work and prospective liquidated damage when the Contractor has failed to make adequate progress.

This withholding is independent of monies retained by the Government under FAR 52.232-5, or otherwise as permitted to be retained under this contract.

G.3.6. PAYMENT CLAUSES

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.

G.4 The Contractor shall identify Harmonized Sales Tax (HST) as a separate line item in Attachment 4, Breakdown of Proposal Price. The Contractor shall also show HST as a separate charge on invoices submitted.

mailto:TorontoInvoices@state.gov

Page | 20

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 BOND/IRREVOCABLE LETTERS OF CREDIT REQUIREMENTS

H.1.1 BONDS/IRREVOCABLE LETTERS OF CREDIT REQUIRED

The Contractor shall furnish (1) a performance and guaranty bond and a payment bond on forms provided by and from sureties acceptable to the Government, each in the amount of 20% of the contract price, or (2) comparable alternate performance security (irrevocable letter of credit) approved by the Government such as letter of credit/guaranty shown in Section J.

H.1.2 TIME FOR SUBMISSION

The Contractor shall provide the bonds or alternate security as required by the paragraph H.1.1 above within ten (10) days after contract award. Failure to submit (1) the required bonds or other security acceptable to the Government in a timely manner; (2) bonds from an acceptable surety; or (3) bonds in the required amount, may result in rescinding or termination of the contract by the Government. If the contract is terminated, the Contractor will be liable for those costs as described in FAR 52.249-10, "Default (Fixed-Price Construction).

H.1.3 COVERAGE

The bonds or alternate performance security shall guarantee the Contractor's execution and completion of the work within the contract time and the correction of any defects after completion as required by this contract, the payment of all wages and other amounts payable by the Contractor under its subcontracts or for labor and materials, and the satisfaction or removal of any liens or encumbrances placed on the work.

H.1.4 DURATION OF COVERAGE

The required performance and payment securities shall remain in effect in the full amount required until final acceptance of the project by the Government. Upon final acceptance, the penal sum of the performance security only shall be reduced to 10% of the contract price. The performance security shall remain in effect for one year after the date of final completion and acceptance, and the Contractor shall pay any premium required for the entire period of coverage.

The requirement for payment security terminates at final acceptance.

H.1.5 52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

The Contractor shall promptly furnish additional security required to protect the Government and persons supplying labor or materials under this contract if --

(a) Any surety upon any bond, or issuing financial institution for other security, furnished with this contract becomes unacceptable to the Government;

Page | 21

(b) Any surety fails to furnish reports on its financial condition as required by the Government; or

(c) The contract price is increased so that the penal sum of any bond becomes inadequate in the opinion of the Contracting Officer; or

(d) An irrevocable letter of credit (ILC) used as security will expire before the end of the period of required security. If the Contractor does not furnish an acceptable extension or replacement ILC, or other acceptable substitute, at least 30 days before an ILC’s scheduled expiration, the Contracting Officer has the right to immediately draw on the ILC.

H.2 INSURANCE

H.2.1 AMOUNT OF INSURANCE

The Contractor is required by FAR 52.228-5 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:

General Liability (includes premises/operations, collapse hazard, products, completed operations, contractual, independent contractors, broad form property damage, personal injury) personal injury):

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

Per Occurrence USD 2,000,000.00

Cumulative USD 2,000,000.00

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

Per Occurrence USD 5,000,000.00

Cumulative USD 5,000,000.00

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.

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 an incident to the Contractor's performance of this contract. The Contractor shall hold harmless and indemnify the Government from any and all claims arising there from, except in the instance of gross negligence on the part of the Government.

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.

Page | 22

H.2.2 GOVERNMENT AS ADDITIONAL INSURED

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.2.3 INSURANCE-RELATED DISPUTES

Failure to agree to any adjustment contemplated under this contract regarding insurance shall be a dispute within the meaning of the clause in Section I, 52.233-1, Alternate I, "Disputes".

Nothing in this clause shall excuse the Contractor from proceeding with the work.

H.2.4 TIME FOR SUBMISSION OF EVIDENCE OF INSURANCE

The Contractor shall provide evidence of the insurance required under this contract within ten

(10) days after contract award. Failure to timely submit this evidence, in a form acceptable to the Contracting Officer, may result in rescinding or termination of the contract by the Government.

H.3 DEFINITIONS

In addition to the definitions provided in Section I, FAR 52.202-1 and DOSAR 652.202-70, the following definitions shall apply when used in connection with this contract:

(a) “Contract Drawings or Drawings,” where indicated by the context, means those drawings specifically listed in the construction contract or as later incorporated into the contract by contract modification.

(b) “Day” means a calendar day unless otherwise specifically indicated.

(c) “Host Country” means the country in which the project is located.

(d) “Material” means all materials, fixtures and other articles incorporated in, or which are intended to remain with, the project.

(e) “Notice to Proceed” means a written notice to the Contractor from the Contracting Officer authorizing the Contractor to proceed with the work under the contract as of a date set forth in the Notice.

(f) “Other Submittals” includes progress schedules, shop drawings, testing and inspection reports, and other information required by the contract to be submitted by the Contractor for information or approval by the Government.

(g) “Project Data” includes standard drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the Contractor to explain in detail specific portions of the work required by the contract.

Page | 23

(h) “Samples” are physical examples which illustrate materials, equipment or workmanship and establish standards by which the work will be judged.

(i) “Schedule of Defects” means the list of items, prepared in connection with substantial completion of the work or early occupancy or utilization of a portion thereof, which the Contracting Officer has designated as remaining to be performed, completed or corrected before the work will be accepted by the Government.

(j) “Separate Contractor” means a contractor, other than the Contractor or any of its subcontractors, to whom the Government has awarded a contract for construction of a portion of the project.

(k) “Work” means any and all permanent construction which is intended to be incorporated into the finished project and required to be performed or otherwise provided by the Contractor under this contract, unless otherwise indicated by the context.

H.4 OWNERSHIP AND USE OF DOCUMENTS

H.4.1 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND MODELS

(a) OWNERSHIP. All specifications, drawings, and copies thereof, and models, are the property of the Government.

(b) USE AND RETURN. The Contractor shall not use or allow others to use the documents described in (a) above on other work. The Contractor shall return or account for the signed contractor set and additional copies provided to or made by the Contractor upon final completion of the work.

H.4.2 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 the Contractor makes objection within 20 days, their issuance shall not provide for any claim for an increase in the Contract price or an extension of contract time.

H.4.3 RECORD DOCUMENTS

The Contractor shall maintain at the project site:

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

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

Page | 24

H.4.4 "AS-BUILT" DOCUMENTS

After final completion of the work, but before final acceptance, the Contractor shall provide:

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

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

H.5 GOVERNING LAW

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

H.6 LANGUAGE PROFICIENCY

The manager assigned by the contractor to superintend the work on-site, as required by Section I, 52.236-6, "Superintendence by the Contractor", shall be fluent in written and spoken English.

H.7 LAWS AND REGULATIONS

H.7.1 COMPLIANCE REQUIRED

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.7.2 LABOR, HEALTH AND SAFETY LAWS AND CUSTOMS

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.7.3 SUBCONTRACTORS

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.

Page | 25

H.7.4 EVIDENCE OF COMPLIANCE

The Contractor shall submit proper documentation and evidence satisfactory to the Contracting Officer demonstrating compliance with this clause when directed by the Contracting Officer.

H.8 RESPONSIBILITY OF CONTRACTOR

H.8.1 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.8.2 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 CONSTRUCTION OPERATIONS

H.9.1 OPERATIONS AND STORAGE AREAS

(a) CONFINEMENT TO AUTHORIZED AREAS. The Contractor shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the Contracting Officer.

(b) VEHICULAR ACCESS. The Contractor shall, and in accordance with any regulations prescribed by the Contracting Officer, use only established site entrances and roadways.

H.9.2 USE OF…