RFQ PR15426539_Construction for Chancery-Annex Connectivity Relocation..pdf

Embassy of the United States of America Dhaka, Bangladesh

GSO /Procurement & Contracting Unit

RFQ PR15426539

August 18, 2025

Dear Prospective Quoter, SUBJECT: Request for rendering Construction Services for the relocation of U.S. Embassy’s

Chancery-Annex Connectivity Line located at Natun Bazar Metro Station Construction Site.

The U.S. Embassy Dhaka invites you to submit a quotation for rendering Construction Services for the relocation of U.S. Embassy’s Chancery-Annex Connectivity Line.

The Embassy intends to conduct a pre-quotation conference at the site, and all prospective offerors who have received a solicitation package will be invited to attend. See Section J of the attached

Request for Quotations (RFQ).

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

1. Form OF-347

2. Section A-Pricing

3. Section L-Representations and Certifications

4. Additional information as required in Section-J

5. Proof of SAM Registration

The successful offeror shall be registered in the SAM (System for Award Management) database https://www.sam.gov prior to submittal of their offer as prescribed under FAR 4.1102. The guidelines for registration in SAM are also available at https://www.fsd.gov/fsd-gov/learningcenter-system.do?sysparm_system=SAM .

The site visit has been scheduled on August 24, 2025, at 10:30 A.M. at U.S. Embassy Dhaka Annex

Compound, located at South Gate, Plot-1, Block-J, Baridhara, Dhaka. Please submit the persons info for security gate access by 12:30 PM on August 20, 2025.

Questions regarding this work may be submitted by no later than 4:30 P.M. Dhaka Time on August

26, 2025 by email in English to: dhakaproc@state.gov

Offers must be divided into two parts- Technical Offer & Financial Offer. They must be submitted electronically via email. Offers must be received on or before 4:30P.M. Dhaka Time on August 28, 2025, at the same address: dhakaproc@state.gov . It is important to make sure the submission is made in specific size and format; in MS-Word 2007/2010 or MS-Excel 2007/2010 or Adobe Acrobat

(pdf) file format. The file size must not exceed 30MB. If the file size should exceed the 30MB, the submission must be made in separate files and attached to separate emails with less than 30MB each.

Please enter in the subject line: “Quotation Enclosed-RFQ#PR15426539-Construction for U.S.

Embassy’s Connectivity Relocation Project” https://www.sam.gov/ https://www.fsd.gov/fsd-gov/learningcenter-system.do?sysparm_system=SAM https://www.fsd.gov/fsd-gov/learningcenter-system.do?sysparm_system=SAM mailto:dhakaproc@state.gov mailto:dhakaproc@state.gov

Offers received after the deadline will be declined and may not be considered.

The U.S. Government intends to award a contract to the responsible company after evaluating a successful offer based on trade off analysis and past performance. So, Technical acceptability is significantly more important than prices for selecting the successful offer. We intend to award a contract based on initial quotations, without holding discussions, although we may hold discussions with companies in the competitive range if there is a need to do so.

Sincerely, Robin L. Jones

Contracting Officer

ORDER FOR SUPPLIES OR SERVICES

PAGE OF PAGES

IMPORTANT: Mark all packages and papers with contract and/or order numbers.

1. DATE OF ORDER 2. CONTRACT NUMBER (If any) 6. SHIP TO:

a. NAME OF CONSIGNEE

3. ORDER NUMBER 4. REQUISITION/REFERENCE NUMBER

b. STREET ADDRESS

5. ISSUING OFFICE (Address correspondence to)

c. CITY d. STATE e. ZIP CODE

7. TO:

f. SHIP VIA

a. NAME OF CONTRACTOR

8. TYPE OF ORDER

b. COMPANY NAME

a. PURCHASE

REFERENCE YOUR:

Please furnish the following on the terms and conditions specified on both sides of this order and on the attached sheet, if any, including delivery as indicated.

b. DELIVERY -- Except for billing instructions on the reverse, this delivery order is subject to instructions contained on this side only of this form and is issued subject to the terms and conditions of the above-numbered contract.

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE

9. ACCOUNTING AND APPROPRIATION DATA 10. REQUISITIONING OFFICE

11. BUSINESS CLASSIFICATION (Check appropriate box(es))

a. SMALL b. OTHER THAN SMALL c. DISADVANTAGED d. WOMEN-OWNED e. HUBZone

f. SERVICE-DISABLED g. WOMEN-OWNED SMALL BUSINESS (WOSB) h. EDWOSB

VETERAN-OWNED ELIGIBLE UNDER THE WOSB PROGRAM

12. F.O.B. POINT

13. PLACE OF 14. GOVERNMENT B/L NUMBER 15. DELIVER TO F.O.B. POINT ON

OR BEFORE (Date)

16. DISCOUNT TERMS

a. INSPECTION b. ACCEPTANCE

17. SCHEDULE (See reverse for Rejections)

ITEM

NUMBER

(a)

SUPPLIES OR SERVICES

(b)

QUANTITY

ORDERED

(c)

UNIT

(d)

UNIT

PRICE

(e)

AMOUNT

(f)

QUANTITY

ACCEPTED

(g)

SEE BILLING

INSTRUCTIONS

ON

REVERSE

18. SHIPPING POINT 19. GROSS SHIPPING WEIGHT 20. INVOICE NUMBER

17(h) TOT.

(Cont.

pages)

21. MAIL INVOICE TO:

a. NAME

b. STREET ADDRESS (or P.O. Box)

17(i)

GRAND

TOTAL

c. CITY d. STATE e. ZIP CODE

22. UNITED STATES OF

AMERICA BY (Signature)

23. NAME (Typed)

TITLE: CONTRACTING/ORDERING OFFICER

AUTHORIZED FOR LOCAL REPRODUCTION PREVIOUS EDITION NOT USABLE OPTIONAL FORM 347 (REV. 2/2012)

Prescribed by GSA/FAR 48 CFR 53.213(f)

SUPPLEMENTAL INVOICING INFORMATION

If desired, this order (or a copy thereof) may be used by the Contractor as the Contractor's invoice, instead of a separate invoice, provided the following statement, (signed and dated) is on (or attached to) the order: "Payment is requested in the amount of $ . No other invoice will be submitted."

However, if the Contractor wishes to submit an invoice, the following information must be provided: contract number (if any), order number, item number(s), description of supplies or service, sizes, quantities, unit prices, and extended totals. Prepaid shipping costs will be indicated as a separate item on the invoice. Where shipping costs exceed $10 (except for parcel post), the billing must be supported by a bill of lading or receipt. When several orders are invoiced to an ordering activity during the same billing period, consolidated periodic billings are encouraged.

RECEIVING REPORT

Quantity in the "Quantity Accepted" column on the face of this order has been:

and conforms to contract. Items listed below have been rejected for the reasons indicated.

inspected, accepted, received by me

SHIPMENT

NUMBER

PARTIAL DATE RECEIVED SIGNATURE OF AUTHORIZED U.S. GOVERNMENT REPRESENTATIVE DATE

FINAL

TOTAL CONTAINERS GROSS WEIGHT RECEIVED AT TITLE

REPORT OF REJECTIONS

ITEM

NUMBE

R

SUPPLIES OR SERVICES

UNIT

QUANTITY

REJECTE

D

REASON FOR REJECTION

OPTIONAL FORM 347 (REV. 2/2012) BACK

TABLE OF CONTENTS

OF-347 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: Sample Letter of Bank Guaranty/ILC Attachment 2: Drawings

J. INSTRUCTIONS ON HOW TO SUBMIT A QUOTATION

K. EVALUATION CRITERIA

L. REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS

REQUEST FOR QUOTATIONS - CONSTRUCTION

SECTION A - PRICING

A. PRICE

The Contractor shall complete all work including furnishing all labor, material, equipment, and services required under this contract for the following firm fixed price within the time specified. This price shall include all labor, materials, insurance, overhead and profit.

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

GENERAL REQUIREMENT

The U.S. Embassy Dhaka needs to relocate connectivity lines between its chancery and annex. Details of all the required work are provided in Section B. SCOPE OF WORK and the attached drawing package.

Work is to be performed between the chancery and the annex compound of U.S. Embassy Dhaka, located at Natun Bazar Metro Station Construction Site. The contract type shall be firm fixed price.

The duration of this work shall be no more than 180 calendar days.

A.1.0 PRICING

The Contractor shall provide materials and labor to complete all works specified in Section B and reference drawings. The prices listed below shall include all labor, materials, insurance, overhead, profit, transportation, and all other expenses

SL# DESCRIPTION OF WORK UNIT QTY UNIT PRICE

(Tk:)

TOTAL

PRICE (Tk:)

01 Site mobilization Lot 1

02 Supplying 100mm diameter metal conduit with necessary accessories.

Meter 2000.00

03 Supplying 300mm diameter protective mild steel pipe enclosing the conduits.

Meter 500.00

04 Labor to install conduit and pipe Lot 1

05 Construction of pit and pit cover Set 7

06 Draw USG supplied optical fiber and copper wire through the conduits.

Lot 1

07 Draw USG supplied optical fiber and copper wire through the conduits.

Lot 1

08 Back filling the trenches with fine sand

Cubic Meter

09 Labor and materials for finishing works

Lot 1

10 VAT

Total Price Tk:

VALUE ADDED TAX (VAT). The Contractor shall include VAT as a separate charge on the invoice.

The contractor is responsible for remitting the applicable Value Added Tax (VAT) to the appropriate authority. Offerors must list VAT as a separate line item in Section A.1.0 of the Price Schedule.VAT must also appear as a distinct cost item on all invoices submitted under the resulting contract.

Reimbursement for VAT will be limited to the amount specified in the contract, contingent upon the contractor providing documentary proof of payment to the host government under a valid registration number. Reimbursement will not exceed the amount quoted in Section A.1.0. Any VAT refunds received by the contractor must be remitted to the Government if the Government reimbursed the contractor for the VAT payment.

A.1.1 DBA INSURANCE

The Offeror shall include Defense Base Act (DBA) insurance premium costs covering employees. The offeror may obtain DBA insurance directly from any Department of Labor approved providers at the DOL website at http://www.dol.gov/owcp/dlhwc/lscarrier.htm. The cost for the insurance should be built into the price for labor.

http://www.dol.gov/owcp/dlhwc/lscarrier.htm

SECTION B - STATEMENT OF WORK

CONNECTIVITY LINE RELOCATION AT NATUN BAZAR METRO STATION CONSTRUCTION SITE

BACKGROUND

The existing Chancery-Annex connectivity line runs through four 100 mm (4-inch) diameter metal conduits, as illustrated by the blue line in Figure 1. This line passes through eight concrete pits along its route. A new city subway station, Natun Bazar Subway/Metro Station (Figure 2), is planned near the embassy compound. The subway authority has begun utility relocation work at the station box, which will directly impact the Chancery-Annex connectivity line. The construction, expected to last approximately two years, will involve the open-cut method for station box construction. During this period, some utilities will be suspended, and the connectivity line may be exposed, creating risks such as information leakage and potential damage to the conduit or cables due to construction activities.

To mitigate these risks, the connectivity line must be relocated before construction begins. The layout for the relocated connectivity line is provided in Figure 3.

SCOPE OF WORK

The Contractor shall furnish all architectural and engineering services, labor, materials, transportation, tools, and equipment necessary to complete the project. The Contractor is solely responsible for supplying all required materials, design services, construction services, and contract coordination and supervision. This includes, but is not limited to, managing construction activities to meet the contract requirements within the established schedule. The Contractor shall execute the project in accordance with this scope of work and drawings provided. All construction must be completed within the Contract Award Amount. The Contractor shall adhere to the general construction requirements and closeout procedures outlined in this section and the provided drawings. The work will take place at the Natun Bazar Metro Station construction site and is described step by step as follows.

1. Site Mobilization: The Contractor shall ensure the procurement of all necessary materials, including metal conduit pipe, protective mild steel pipe, reinforcing bar, cement, sand, stone chips, paving tiles, labor, tools, and equipment, prior to commencing work. This preparation is essential to ensure the project proceeds smoothly without interruptions caused by material or equipment shortages. If no suitable laydown area is available nearby, the Embassy soccer field at the Annex compound may be utilized for this purpose.

2. Supply of material and rules / regulations inside the Embassy compound: If the contractor selects the Embassy soccer field at the Annex compound as the laydown area, they must adhere to all applicable Embassy regulations, particularly security protocols. When delivering materials to the soccer field, the contractor must notify the Contracting Officer’s Representative (COR) at least two working days in advance. This notification must include the names of all personnel, including drivers, and the license plate numbers of vehicles requiring access to the soccer field. The Embassy security section will review and approve access requests. All personnel granted access must carry their original national ID or driver’s license when entering the soccer field. Photocopies will not be accepted. The same procedures apply when picking up materials from the soccer field. Additionally, the contractor must specify the number of personnel, including drivers, entering the soccer field at any given time to ensure the appropriate number of Embassy escorts are assigned. Contractor personnel will be escorted at all times while inside the Embassy compound. Smoking is strictly prohibited within the compound.

3. Excavation for trenches: The City Metro Authority will handle the excavation and replacement of existing pavements, walkways, concrete structures, and other related works as necessary. Additionally, various city utility lines will be relocated to accommodate the metro station, with the Metro Authority responsible for trenching to facilitate this process.

The Embassy contractor will coordinate with the Metro Authority to utilize these trenches for conduit installation. The Metro Authority will provide periodic updates on their schedule to the Embassy and its contractors as the work progresses. The contractor is required to align their activities with the Metro Authority's schedule to ensure seamless coordination.

4. Installing Conduits: The contractor shall supply and install four 100 mm (4-inch) diameter mild steel conduits with a wall thickness of 5 mm. The conduits must be of superior quality, meeting all required physical, chemical, thermal, and fire-resistance standards. They shall be fitted and secured in place using sockets, unions, and all necessary accessories. Prior to installation, the conduits must be approved by the Facility Manager or Engineer. The placement depth from road level shall range between 1200 mm and 1800 mm. The connectivity line layout may be subject to changes due to unforeseen circumstances, and the final layout will require approval from the Facility Manager or Engineer. The contractor must account for potential increases in material quantities due to layout adjustments when preparing their bid and pricing accordingly. Additionally, the contractor shall manage and remove groundwater as needed and take measures to prevent soil collapse during installation.

The location of the connectivity line and cross section of conduit infrastructure are detailed in the attached drawing.

5. Installing a protective mild steel pipe: The contractor shall supply and install a 300 mm (12-inch) diameter protective mild steel pipe with a wall thickness of 6 mm to enclose the four 100 mm conduits. The pipe sections shall be joined end-to-end using welding to ensure structural integrity. For the portion of the pipe located outside the metro station construction zone, the contractor shall cover it with lean/plain concrete immediately after installation. The remaining portion within the metro station construction zone shall be covered with lean/plain concrete after the completion of the metro station construction work, as coordinated by the contractor.

6. Construction of pit and pit cover: The contractor shall construct pits at the locations specified in the attached drawing. Each pit shall include a concrete base, concrete walls, and two metal covers made of mild steel (MS) angle/flat bars and MS plates, as detailed in the attached drawing. Each pit will have two covers. Inner Cover: Equipped with a lock-and-key system for secure access. Upper Cover: Designed to be structurally robust and capable of supporting traffic loads. It must withstand a single-point wheel load of seven metric tons at its center. All pit cover specifications and design details are provided in the attached drawing.

7. Draw Government (USG) supplied optical fiber and copper wire through the conduits:

The contractor will install U.S. Government-supplied optical fiber and copper wire through four conduits. The wires will be routed from the Chancery MTS to Annex TR#116, covering an approximate distance of 700 meters. The specifications of the wires to be installed are outlined below.

• 2 Each x 24 Strand OM3 or OM4, 50/125 micron Multimode Outside Plant Fiber Optic cable

• 1 Each x 24 Strand Single-mode OS2 Outside Plant Fiber Optic cable

• 1 Each x 100 Pair Copper Outside Plant (Direct Bury), Foam Skin 24 AWG, CAT 3 PE-89

8. Back filling: The metro authority will backfill the trenches, while the Embassy contractor will handle backfilling around the pits within the Embassy-controlled area. Backfilling will be performed using fine sand, compacted in layers. Each layer of compaction will not exceed a thickness of 300mm.

9. Finishing work: Finishing tasks will include painting pit covers, applying neat cement finishes to the pits, and restoring pavement work around the pits within the Embassy-controlled area.

QUALITY CONTROL

Ensure strict quality control over suppliers, manufacturers, products, services, site conditions, and workmanship to achieve the specified quality standards. All work must be performed by qualified personnel to ensure craftsmanship meets the required specifications. Maintain quality by adhering to manufacturer instructions, and constructing full-scale mockups as specified.

Take measures to prevent groundwater from entering trenches, ensuring conduits remain dry.

Weld end-to-end joints of protective mild steel pipes securely. Thoroughly level and compact the trench bed before placing conduits and pipes. Exercise caution when drawing cables through conduits to prevent damage or scratches to the cables. Work at the job site will be routinely checked during the installation process. It is required that the contractor fully cooperate with the reviewing personnel.

SAFETY MEASURES

The contractor must ensure that all workers wear appropriate closed toe shoes, gloves, and hard hats provided by the contractor while performing work under this contract. For any electrical arc or gas welding activities, the contractor must obtain a Hot Work Permit signed by the Post Safety

Officer prior to beginning such work. Requests for Hot Work Permits must be submitted to the Post

Safety Officer at least 24 hours in advance of scheduling any welding activities in or near the compounds.

The contractor must maintain adequate fire protection at all times. Gasoline and other flammable liquids must be stored in approved safety containers and are strictly prohibited from being stored inside the building. Fires are not permitted in or around the premises.

The contractor is responsible for taking all necessary precautions to prevent injuries to individuals and damage to property. Work must be conducted in a manner that avoids obstructing existing travel routes. Additionally, the contractor must implement measures to protect the worksite from fire, storms, theft, vandalism, and other potential losses.

CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS

The contractor is prohibited from using any part of the compound for temporary accommodation of laborers or other personnel. The contractor must provide and maintain all necessary temporary stairs, ladders, ramps, scaffolds, and chutes required for the proper execution of the work. Materials, rubbish, or debris must not be dropped freely and must instead be removed using fully enclosed transport facilities.

Access roads and walkways must remain clear of debris, materials, construction equipment, and plants throughout the building operations. The contractor must protect all landscaping, trees, and site improvements within the area of the site work.

Before the substantial completion inspection, the contractor must remove all temporary materials, equipment, services, and construction. Additionally, the contractor must clean and repair any damage caused by the installation or use of temporary facilities.

WORK SCHEDULES

Work Sequence: The contractor and the Contracting Officer’s Representative (COR) will jointly determine the sequence of work. Operations may proceed simultaneously or in any order, subject to COR approval.

Coordination: Ensure coordination among various trades to maintain an efficient and orderly installation sequence for construction elements, while accommodating items installed by others.

Field Engineering: Perform field engineering services using recognized engineering survey practices to establish grades, lines, and levels. Accurately establish and maintain site benchmarks, ensuring their safety throughout the project. Remove benchmarks upon completion, ensuring they are tied to the nearest permanent benchmark.

ESCORT/INSPECTION

Contractor personnel will be escorted to and from the work site each day, with all escorts provided by the Contracting Officer Representative (COR). The contractor must submit a written work schedule to the COR at least three days prior to the start of work. The schedule must specify the number of days and total number of workers needed to complete the project within the contracted timeframe. All work hours must be approved by the COR.

CONTRACTING OFFICER REPRESENTATIVE (COR)

A U.S. Government employee, designated by the Contracting Officer, is responsible for overseeing the contractor’s work and managing the project. The Contracting Officer may formally appoint one or more Government employees, identified by name or position title, to act on their behalf under this contract. Each designee will be identified as a Contracting Officer’s Representative (COR) and will receive a written designation outlining the scope and limitations of their authority. Designees are not authorized to alter the terms or conditions of the contract unless they are warranted by

Contracting Officers, and such authority is explicitly delegated in the designation.

The COR for this contract is Mr. Muhammad Yasin, Civil Engineer – MGT/FAC, U.S. Embassy Dhaka, Bangladesh.

COR Duties: The Contracting Officer’s Representative (COR) is responsible for inspecting and accepting services under the contract. These responsibilities include reviewing contractor invoices and verifying the supporting documentation required by the contract. The COR may provide technical advice, substantive guidance, conduct inspections, and perform other duties as necessary to ensure compliance with contract requirements. The COR is authorized to act on behalf of the

Contracting Officer in matters related to technical clarification, random inspections of contractor performance, and acceptance of the contractor’s work under the contract. The COR will coordinate all activities with the contractor throughout the contract term. However, the COR is not authorized to modify the contract’s terms or conditions, including the design-to-budget parameters. Any changes to the contract must be approved by the Contracting Officer through a formal written modification.

GOVERNMENT TECHNICAL MONITOR (GTM)

The Contracting Officer may designate a Government Technical Monitor (GTM) to assist the

Contracting Officer’s Representative (COR) in overseeing the contractor’s performance. The GTM will represent the end user of the connectivity infrastructure and ensure that the connectivity line functions effectively and fulfills the intended purpose of its installation.

The GTM of this contract is Mr. Palash B. Kor, Telecommunications Manager, Diplomatic

Technology, U. S. Embassy, Dhaka.

CONTRACT CLOSE OUT

When the contractor determines that the work has reached final completion, they must submit written certification confirming that the contract documents have been reviewed, the work has been inspected, and the project is complete in accordance with the contract requirements and ready for inspection by the owner. The contractor must also remove sand, mortar, debris, waste, surplus materials, rubbish, and construction facilities from the project site. The Government

Technical Monitor (GTM) will conduct the final inspection to assess and accept the completed work.

SECTION C - PACKAGING AND MARKING

Mark materials delivered to the site as follows:

# Embassy Connectivity Relocation

Delivery Place & Security Information:

If the contractor selects the Embassy soccer field at the Annex compound as the laydown area, they must adhere to all applicable Embassy regulations, particularly security protocols. When delivering materials to the soccer field, the contractor must notify the Contracting Officer’s Representative (COR) at least two working days in advance. This notification must include the names of all personnel, including drivers, and the license plate numbers of vehicles requiring access to the soccer field. The Embassy security section will review and approve access requests. All personnel granted access must carry their original national ID or driver’s license when entering the soccer field. Photocopies will not be accepted. The same procedures apply when picking up materials from the soccer field.

Additionally, the contractor must specify the number of personnel, including drivers, entering the soccer field at any given time to ensure the appropriate number of Embassy escorts are assigned.

Contractor personnel will be escorted at all times while inside the Embassy compound. Smoking is strictly prohibited within the compound.

SECTION D - INSPECTION AND ACCEPTANCE

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

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

D.1 SUBSTANTIAL COMPLETION

(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.

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

Use and Possession upon Substantial Completion - The Government shall have the right to take possession of and use the work upon substantial completion. Upon notice by the Contractor that the work is substantially complete (a Request for Substantial Completion) and an inspection by the Contracting Officer or an authorized Government representative (including any required tests), the Contracting Officer shall furnish the Contractor a Certificate of Substantial Completion. The certificate will be accompanied by a Schedule of Defects listing items of work remaining to be performed, completed, or corrected before final completion and acceptance. Failure of the Contracting Officer to list any item of work shall not relieve the Contractor of responsibility for complying with the terms of the contract. The Government's possession or use upon substantial completion shall not be deemed an acceptance of any work under the contract.

D.2 FINAL COMPLETION AND ACCEPTANCE

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

D.2.2 The "date of final completion and acceptance" means the date determined by the Contracting Officer when final completion of the work has been achieved, as indicated by written notice to the Contractor.

D.2.3 FINAL INSPECTION AND TESTS. The Contractor shall give the Contracting Officer at least five

(5) days advance written notice of the date when the work will be fully completed and ready for final inspection and tests. Final inspection and tests will be started not later than the date specified in the notice unless the Contracting Officer determines that the work is not ready for final inspection and so informs the Contractor.

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

• Satisfactory completion of all required tests,

• A final inspection that all items by the Contracting Officer listed in the Schedule of Defects have been completed or corrected and that the work is finally complete (subject to the discovery of defects after final completion), and

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

SECTION E - DELIVERIES AND PERFORMANCE

CONTRACTOR'S SUBMISSION OF CONSTRUCTION SCHEDULES

(a) The time for submission of the schedules referenced in FAR 52.236-15, "Schedules for Construction Contracts", paragraph (a) (incorporated in Section H of the contract), is hereby modified to reflect the due date for submission as “Seven calendar days after receipt of an executed contract".

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

(c) The Contractor shall revise such schedules (1) to account for the actual progress of the work,

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

(d) All deliverables shall be in the English language and any system of dimensions (English or metric) shown shall be consistent with that used in the contract. No extension of time shall be allowed due to delay by the Government in approving such deliverables if the Contractor has failed to act promptly and responsively in submitting its deliverables. The Contractor shall identify each deliverable as required by the contract.

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

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

2. Constitute acceptance or approval of any delay, or

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

NOTICE OF DELAY

If the Contractor receives a notice of any change in the work, or if any other conditions arise which are likely to cause or are actually causing delays which the Contractor believes may result in late completion of the project, the Contractor shall notify the Contracting Officer. The Contractor’s notice shall state the effect, if any, of such change or other conditions upon the approved schedule, and shall state in what respects, if any, the relevant schedule, or the completion date should be revised. The Contractor shall give such notice promptly, not more than ten (10) days after the first event giving rise to the delay or prospective delay. Only the Contracting Officer may revise the approved time schedule.

NOTICE TO PROCEED

(a) After receiving and accepting any bonds or evidence of insurance, the Contracting Officer will provide the Contractor a Notice to Proceed. The Contractor must then prosecute the work, commencing and completing performance not later than the time period established in the contract.

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

WORKING HOURS

All work shall be performed during Sunday to Thursday from 07.00 A.M to 17.00 P.M. 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.

PRECONSTRUCTION CONFERENCE

A preconstruction conference will be held 10 days after the contract award at the Embassy annex compound to discuss the schedule, submittals, notice to proceed, mobilization and other important issues that affect construction progress. See FAR 52.236-26, Preconstruction Conference (incorporated in Section H of the contract).

DELIVERABLES - The following items shall be delivered under this contract:

Description Quantity Deliver Date Deliver To

Section D. Request for Substantial Completion 1 15 days before inspection

COR

Section D. Request for Final Acceptance 1 7 days before inspection

COR

Section E. Construction Schedule 1 10 days after award

/ NTP

COR

Section E. Preconstruction Conference 1 10 days after award

/ NTP

COR

Section F. Payment Request 1 As per work progress

COR

Section G. Proof of Payment Protection 1 10 days after award

/ NTP

CO

Section G. Personnel Biographies 1 10 days after award

/ NTP

COR

Section G. Proof of DBA Insurance 1 10 days after award

/ NTP

COR

Section G. Proof of Liability Insurance 1 10 days after award

/ NTP

COR

Section H. SSHP (Site Safety and Health Plan) 1 10 days after award

/ NTP

COR

DOCUMENTS TO MAINTAIN:

The below listed documents shall be maintained by the contractor:

SUPPLEMENTAL DOCUMENTS: The Contracting Officer shall furnish from time to time such detailed drawings and other information as is considered necessary, in the opinion of the Contracting Officer, to interpret, clarify, supplement, or correct inconsistencies, errors or omissions in the Contract documents, or to describe minor changes in the work not involving an increase in the contract price or extension of the contract time. The Contractor shall comply with the requirements of the supplemental documents, and unless prompt objection is made by the Contractor within 20 days, their issuance shall not provide for any claim for an increase in the Contract price or an extension of contract time.

RECORD DOCUMENTS. The Contractor shall maintain at the project site:

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

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

"As-Built" Documents: After final completion of the work, but before final acceptance thereof, the Contractor shall provide:

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

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

FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to:

(a) commence work under this contract within 7 calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and,

(c) complete the entire work ready for use not later than 180 days after NTP issuance.

The time stated for completion shall include final cleanup of the premises.

End of Clause

FAR 52.211-12 LIQUIDATED DAMAGES - CONSTRUCTION (SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, or any extension, the Contractor shall pay liquidated damages to the Government in the amount of 2000 TK for each calendar day of delay until the work is completed or accepted.

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

End of Clause

SECTION F – CONTRACT ADMINISTRATION DATA

Payment: The Contractor's attention is directed to Section H, FAR 52.232-5, "Payments Under Fixed- Price Construction Contracts". The following elaborates on the information contained in that clause.

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

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

The invoices should be sent to this email address (dhakausembinvoices@state.gov).

The FMO (Financial Management Office) will receive invoices, log them in, and forward to the COR for review and approval.

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

DOSAR 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 Facility Manager / Engineer mailto:dhakausembinvoices@state.gov

SECTION G - SPECIAL TERMS AND CONDITIONS

G.1.0 PAYMENT PROTECTION - The Contractor shall furnish some form of payment protection as described in FAR 52.228-13 in the amount of 50% of the contract price.

G.1.1 The Contractor shall provide the information required by the paragraph above within ten

(10) calendar days after award. Failure to submit the required security 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), which is included in this contract.

G.1.2 The bonds or alternate performance security shall guarantee the Contractor's execution and completion of the work within the contract time. This security shall also guarantee the correction of any defects after completion, 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.

G.1.3 The required 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 shall be reduced to 10% of the contract price. The 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.

G.2.0 INSURANCE - The Contractor is required by FAR 52.228-5, "Insurance - Work on a Government Installation" to provide whatever insurance is legally necessary. The Contractor shall at its own expense provide and maintain during the entire performance period the following insurance amounts:

G.2.1 GENERAL LIABILITY (includes premises/operations, collapse hazard, products, completed operations, contractual, independent contractors, broad form property damage, personal injury):

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

Per Occurrence BDT 300,000.00

Cumulative BDT 1,000,000.00

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

Per Occurrence BDT 300,000.00

Cumulative BDT 1,000,000.00

G.2.2 The foregoing types and amounts of insurance are the minimums required. The Contractor shall obtain any other types of insurance required by local law or that are ordinarily or customarily obtained in the location of the work. The limit of such insurance shall be as provided by law or sufficient to meet normal and customary claims.

G.2.3 The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to any property of the Contractor, its officers, agents, servants, and employees, or any other person, arising from and incident to the Contractor's performance of this contract. The Contractor shall hold harmless and indemnify the Government from any and all claims arising therefrom, except in the instance of gross negligence on the part of the Government.

G.2.4 The Contractor shall obtain adequate insurance for damage to, or theft of, materials and equipment in insurance coverage for loose transit to the site or in storage on or off the site.

G.2.5 The general liability policy required of the Contractor shall name "the United States of America, acting by and through the Department of State", as an additional insured with respect to operations performed under this contract.

G.2.6 The Offeror shall include Defense Base Act (DBA) insurance premium costs covering employees. The offeror may obtain DBA insurance directly from any Department of Labor approved providers at the DOL website at http://www.dol.gov/owcp/dlhwc/lscarrier.htm

G.3.0 LAWS AND REGULATIONS - The Contractor shall, without additional expense to the Government, be responsible for complying with all laws, codes, ordinances, and regulations applicable to the performance of the work, including those of the host country, and with the lawful orders of any governmental authority having jurisdiction. Host country authorities may not enter the construction site without the permission of the Contracting Officer. Unless otherwise directed by the Contracting Officer, the Contractor shall comply with the more stringent of the requirements of such laws, regulations, and orders and of the contract. In the event of a conflict between the contract and such laws, regulations and orders, the Contractor shall promptly advise the Contracting Officer of the conflict and of the Contractor's proposed course of action for resolution by the Contracting Officer.

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

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

G.3.3 The Contractor shall submit proper documentation and evidence satisfactory to the Contracting Officer of compliance with this clause.

G.4.0 CONSTRUCTION PERSONNEL - The Contractor shall maintain discipline at the site and at all times take all reasonable precautions to prevent any unlawful, riotous, or disorderly conduct by or among those employed at the site. The Contractor shall ensure the preservation of peace and protection of persons and property in the neighborhood of the project against such action. The Contracting Officer may require, in writing that the Contractor remove from the work any employee that the Contracting Officer deems incompetent, careless, insubordinate or otherwise objectionable, or whose continued employment on the project is deemed by the Contracting Officer to be contrary to the Government's interests.

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

http://www.dol.gov/owcp/dlhwc/lscarrier.htm

G.4.2 After award, the Contractor has ten calendar days to submit to the Contracting Officer a list of workers and supervisors assigned to this project for the Government to conduct all necessary security checks. It is anticipated that security checks will take 7-10 working days to perform. For each individual, the list shall include:

Full Name Place and Date of Birth Current Address NID number

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

G.4.3 The Contractor shall provide an English-speaking supervisor on site at all times. This position is considered as key personnel under this contract.

G.5.0 Materials and Equipment - All materials and equipment incorporated into the work shall be new and for the purpose intended, unless otherwise specified. All workmanship shall be of good quality and performed in a skillful manner that will withstand inspection by the Contracting Officer.

G.6.0 SPECIAL WARRANTIES

G.6.1 Any special warranties that may be required under the contract shall be subject to the stipulations set forth in 52.246-21, "Warranty of Construction", as long as they are not in conflict.

G.6.2 The Contractor shall obtain and furnish to the Government all information required to make any subcontractor's, manufacturer's, or supplier's guarantee or warranty legally binding and effective. The Contractor shall submit both the information and the guarantee or warranty to the Government in sufficient time to permit the Government to meet any time limit specified in the guarantee or warranty, but not later than completion and acceptance of all work under this contract.

G.7.0 EQUITABLE ADJUSTMENTS

Any circumstance for which the contract provides an equitable adjustment that causes a change within the meaning of paragraph (a) of the "Changes" clause shall be treated as a change under that clause; provided, that the Contractor gives the Contracting Officer prompt written notice (within 20 days) stating:

(a) the date, circumstances, and applicable contract clause authorizing an equitable adjustment and

(b) that the Contractor regards the event as a changed condition for which an equitable adjustment is allowed under the contract

The Contractor shall provide written notice of a differing site condition within 10 calendar days of occurrence following FAR 52.236-2, Differing Site Conditions.

G.8.0 ZONING APPROVALS AND PERMITS

The Government shall be responsible for:

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

- obtaining the approval of the Contracting Drawings and Specifications

- paying fees due for the foregoing; and,

- for obtaining and paying for the initial building permits.

G.9.0 FAR 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (July 2000)

(a) The Contractor shall submit one of the following payment protections:

a. (1) A payment bond.

a. (2) An irrevocable letter of credit (ILC)/bank guarantee letter.

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

(End of clause)

G.10.0 FAR 52.228-14 Irrevocable Letter of Credit.

Irrevocable Letter of Credit (Nov 2014)

(a) "Irrevocable letter of credit" (ILC), as used in this clause, means a…