SAQMMA15R0243.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

SAQMMA15R0243 SEALED BID (IFB)

X NEGOTIATED (RFP)

2. TYPE OF SOLICITATION 3. DATE ISSUED

04/09/2015

RATING

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

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

CODE LMAQM

OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)

PO BOX 9115, ROSSLYN STATION

US DEPARTMENT OF STATE

ARLINGTON, VA 22219

7. ISSUED BY

OFFICE OF ACQUISITION MANAGEMENT

(A/LM/AQM)

PO BOX 9115, ROSSLYN STATION

US DEPARTMENT OF STATE

ARLINGTON, VA 22219

8. ADDRESS OFFER TO

9. FOR INFORMATION EMAIL: a. NAME

Larry A. Pruitt

b. TELEPHONE NO. (Include area code)(NO COLLECT CALLS) c. EMAIL pruittla@state.gov

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" means "bid" and "bidder".

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

Section B: Supplies or Services and Prices/Costs Section C: Description/Specifications/Statement of Work Section E: Inspection and Acceptance Section F: Deliveries or Performance Section G: Contract Administration Data Section H: Special Contract Requirements Section I: Contract Clauses Section J: List of Attachments Section K: Representations and Certifications Section L: Proposal Instructions Section M: Basis of Award

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 X mandatory negotiable. ( (See __.)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES," indicate within how many calendar days after award in Item 12b).

X YES NO

12b. CALENDAR DAYS

Sealed offers in original and __1__ copies to perform the work required are due at the place specified in item 8 by __10:00:00__ (hour) local time __04/28/2015 __ (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.

a.

b. An offer guarantee is, X is not required.

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.c.

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.

13. ADDITIONAL SOLICITATION REQUIREMENTS:

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1442 (REV. 4-85)

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

SAQMMA15R0243

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

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

CONTACT: DUNS:

CODE FACILITY CODE

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 __30__ 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.)

17.

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE.

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

20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

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

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY

GLOBAL FINANCIAL SERVICES CENTER,

CHARLESTON, SOUTH CAROLINA

PO BOX 150008; Fax To: 1-866-483-3436

ATTN: OFFICE OF CLAIMS

CHARLESTON, SC 29415-5008

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 requirements identified on this form and any continuation sheets for the consideration stated 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 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 futher contractual document is necessary.

30a.NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

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

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 4-85) BACK

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs

B-010 TYPE OF CONTRACT

E Inspection and Acceptance 52.246-12 Inspection of Construction (Aug 1996)

RFL-E3 RPSOFL - SUBSTANTIAL COMPLETION

RFL-E4 RPSOFL - FINAL COMPLETION AND ACCEPTANCE

RFL-E2 RPSOFL - QUALITY ASSURANCE

F Deliveries or Performance

F-007 PLACE OF PERFORMANCE

F-006 PERIOD OF PERFORMANCE

F-008 TIME OF PERFORMANCE

RFL-F4 RPSOFL - CONTRACTOR'S SUBMISSION OF CONSTRUCTION SCHEDULES

RFL-F5 RPSOFL - ACCEPTANCE OF SCHEDULE

RFL-F6 RPSOFL - NOTICE OF DELAY

RFL-F7 RPSOFL - NOTICE TO PROCEED

RFL-F11 RPSOFL - DELIVERABLES

G Contract Administration Data

01INV DEPARTMENT OF STATE INVOICE INSTRUCTIONS

G-002 CONTRACT ADMINISTRATION DATA

RFL-G1 RPSOFL - AUTHORITY OF CONTRACTING OFFICER

RFL-G3 RPSOFL - PAYMENT

H Special Contract Requirements

H-009 CONTRACTOR IDENTIFICATION

H-024 NONPAYMENT FOR UNAUTHORIZED WORK

H-036 Recruitment of Third Country Nationals for Performance on Department of State Contracts (October 17, 2012)

H-025 TECHNICAL DIRECTION

H-020 SAFEGUARDING INFORMATION

RFL-H1 RPSOFL - BOND REQUIREMENTS

RFL-H2 RPSOFL - INSURANCE

RFL-H6 RPSOFL - LANGUAGE PROFICIENCY

RFL-H7 RPSOFL - LAWS AND REGULATIONS

RFL-H14 RPSOFL - MATERIALS AND EQUIPMENT

RFL-H15 RPSOFL - IMPORTED MATERIALS, EQUIPMENT AND PERSONNEL

RFL-H16 RPSOFL - SPECIAL WARRANTIES

RFL-H17 RPSOFL - EQUITABLE ADJUSTMENTS

RFL-H19 RPSOFL - ZONING APPROVALS AND BUILDING PERMITS

RFL-H4 RPSOFL - OWNERSHIP AND USE OF DOCUMENTS

I Contract Clauses 52.242-14 Suspension of Work (Apr 1984) 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) 52.211-12 Liquidated Damages - Construction (Sept 2000) 52.249-10 Default (Fixed-Price Construction) (Apr 1984) 52.232-5 Payments under Fixed-Price Construction Contracts (May 2014) 52.236-6 Superintendence by the Contractor (Apr 1984)

652.236-70 ACCIDENT PREVENTION (APR 2004)

52.246-21 Warranty of Construction (Mar 1994) 52.236-2 Differing Site Conditions (Apr 1984)

652.243-70 NOTICES (AUG 1999)

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

52.228-15 Performance and Payment Bonds - Construction (Oct 2010) 652.225-71 SECTION 8(a) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED

(AUG 1999)

652.229-71 PERSONAL PROPERTY DISPOSITION AT POSTS ABROAD (AUG 1999)

652.228-71 WORKER'S COMPENSATION INSURANCE (Defense Base Act) - SERVICES (Deviation) 52.236-5 Material and Workmanship (Apr 1984) 52.211-13 Time Extensions (Sept 2000)

52.202-1 Definitions (Nov 2013) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014) 52.203-12 Limitation On Payments To Influence Certain Federal Transactions (Oct 2010) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant Against Contingent Fees (May 2014) 52.203-7 Anti-Kickback Procedures (May 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014) 52.209-6 Protecting The Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) 52.222-29 Notification of Visa Denial (June 2003) 52.222-50 Combating Trafficking in Persons (Mar 2015) 52.223-3 Hazardous Material Identification and Material Safety Data (Jan 1997) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) 52.232-17 Interest (May 2014) 52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984) 52.236-7 Permits and Responsibilities (Nov 1991) 52.236-10 Operations and Storage Areas (Apr 1984) 52.236-11 Use and Possession Prior to Completion (Apr 1984) 52.236-12 Cleaning Up (Apr 1984) 52.236-13 Accident Prevention (Nov 1991) 52.236-15 Schedules for Construction Contracts (Apr 1984) 52.242-13 Bankruptcy (July 1995) 52.243-4 Changes (June 2007) 52.248-3 Value Engineering - Construction (Oct 2010) 52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price) (Apr 2012) - Alternate I (Sept 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.215-2 Audit and Records - Negotiation (Oct 2010) 52.204-14 Service Contract Reporting Requirements (Jan 2014) 52.249-14 Excusable Delays (Apr 1984) 52.228-2 Additional Bond Security (Oct 1997) 52.228-5 Insurance - Work on a Government Installation (Jan 1997) 52.233-1 Disputes (May 2014) 52.225-14 Inconsistency Between English Version and Translation of Contract (Feb 2000) 52.203-6 Restrictions On Subcontractor Sales To The Government (Sept 2006) 52.228-13 Alternative Payment Protections (July 2000) 52.228-14 Irrevocable Letter of Credit (Nov 2014) 52.229-6 Taxes - Foreign Fixed-Price Contracts (Feb 2013) 52.232-18 Availability Of Funds (Apr 1984) 52.243-5 Changes and Changed Conditions (Apr 1984) 52.245-9 Use and Charges (Apr 2012) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

K Representations, Certifications, and Other Statements of Offerors or Respondents 52.204-3 Taxpayer Identification (Oct 1998) 52.203-2 Certificate Of Independent Price Determination (Apr 1985) 52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions (Sept 2007) 52.204-8 Annual Representations and Certifications (Dec 2014) 52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan - Certification (Aug 2009)

652.225-70 ARAB LEAGUE BOYCOTT OF ISRAEL (AUG 1999)

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation (Dec 2014) 52.209-5 Certification Regarding Responsibility Matters (Apr 2010) 52.225-25 Prohibition on Contracting With Entities Engaging in Sanctioned Activities Relating to Iran - Representation and Certification (Dec 2012)

652.236-71 FOREIGN SERVICE BUILDINGS ACT, AS AMENDED (APR 2004)

52.236-28 Preparation of Proposals - Construction (Oct 1997) 52.209-7 Information Regarding Responsibility Matters (Jul 2013)

L Instructions, Conditions, and Notices to Offerors and Respondents

L-006 QUESTIONS REGARDING SOLICITATION

52.214-34 Submission of Offers in the English Language (Apr 1991) L.1 Proposal Instructions

M Evaluation Factors for Award

M-003 BASIS FOR AWARD

M.1 Evaluation Factors

001 Design and construct a two story modular structure and foundations; Design and construction of grey water soak pit; and coal burning boiler and heating system in accordance with Contract, Statement of Work and attachments.

1.00 LT

The contractor shall complete all work (including furnishing all labor, material, equipment, and services) required under this contract on a firm fixed price basis and within the period of performance specified. This price shall be inclusive of all labor, materials, overhead (including insurance required by Federal Acquisition Regulation (FAR) 52.228-4 (Workers' Compensation and War-Hazard Insurance), and profit.

Contract CLIN Type: Fixed Price

Doc Ref No:

Delivery Date FOB:

002 Transportation modular building and all other necessary components to Kizil Art Pass, Tajikistan.

Includes but is not limited to coal boiler, black water, grey water and potable water systems.

1.00 LT

The contractor shall complete all work (including furnishing all labor, material, equipment, and services) required under this contract on a firm fixed price basis and within the period of performance specified. This price shall be inclusive of all labor, materials, overhead (including insurance required by Federal Acquisition Regulation (FAR) 52.228-4 (Workers' Compensation and War-Hazard Insurance), and profit.

Contract CLIN Type: Fixed Price Doc Ref No:

Delivery Date FOB:

003 Erect modular building in Kizil Art Pass; Install and connect to contractor provided black water tank, potable water tank, and newly constructed grey water soak pit.

1.00 LT

The contractor shall complete all work (including furnishing all labor, material, equipment, and services) required under this contract on a firm fixed price basis and within the period of performance specified. This price shall be inclusive of all labor, materials, overhead (including insurance required by Federal Acquisition Regulation (FAR) 52.228-4 (Workers' Compensation and War-Hazard Insurance), and profit.

Contract CLIN Type: Fixed Price

Doc Ref No:

Delivery Date FOB:

004 Fixture, Furniture and Equipment 1.00 LT The contractor will develop and provide nessesary fixtures, furniture and equipment necessary for the turnkey operation. Items include but are not limited to: kitchen equipment, cookware, dinnerware.

Contract CLIN Type: OPTIONAL Fixed Price

SAQMMA15R0243

Line Item Summary

Solicitation Number:

SAQMMA15R0243

Contract Number: Title: Tajikistan Border Crossing Date of Solicitation:

04/09/2015

Line Item No. Description Quantity Unit Unit Price Total Cost

The Government will determine if this CLIN is utilized at the time of award. For evaluation purposes the price of this CLIN will be included in the total evaluated price. Failure to propose pricing for this CLIN will result in your proposal being considered non-responsive.

Doc Ref No:

Delivery Date FOB:

B-010 TYPE OF CONTRACT

This is a design/build fixed price contract payable entirely in United State dollars. No additional sums will be payable for any escalation in the cost of materials, equipment, 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 fluctations in currency exchange rates. The Government will only make changes in the contract price or time due to changes made by the Government in the work to be performed, or by delays caused by the Government.

(end of clause)

SAQMMA15R0243

Line Item Summary

Solicitation Number:

SAQMMA15R0243

Contract Number: Title: Tajikistan Border Crossing Date of Solicitation:

04/09/2015

Line Item No. Description Quantity Unit Unit Price Total Cost

Section E- Inspection and Acceptance

52.246-12 Inspection of Construction (Aug 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not-

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract re-quirement, nor is the inspector authorized to change any term or condition of the specification without the Con-tracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reas-onably needed for performing such safe and convenient inspections and tests as may be required by the Con-tracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes re-inspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appro-priate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may-

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by re-moving it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

(End of clause)

RFL-E3 RPSOFL - SUBSTANTIAL COMPLETION

E.3.1 Definitions

E.3.1.1 "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 Govern-ment) is sufficiently complete and satisfactory. Substantial completion means that the property may be occu-pied 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.

E.3.1.2 The "date of substantial completion" means the date determined by the Contracting Officer or author-ized 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, accompanied by the Schedule of Defects listing items of work remaining to be performed, completed or corrected before final com-pletion and acceptance. Failure of the Contracting Officer to list any item of work shall not relieve the Con-tractor 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.

(End of clause)

RFL-E4 RPSOFL - FINAL COMPLETION AND ACCEPTANCE

E.4.1 Definitions

E.4.1.1 "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, on which all work required under the contract has been completed in a satisfactory manner, subject to the discovery of defects after final completion, and ex-cept for items specifically excluded in the notice of final acceptance.

E.4.1.2 The "date of final completion and acceptance" means the date determined by the Contracting Officer when final completion of the work has been achieved, as indicated by written notice to the Contractor.

E.4.2 Final Inspection and Tests The Contractor shall give the Contracting Officer at least five (5) days advance written notice of the date 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 con-tinuing 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 com-pleted or corrected and that the work is finally complete (subject to the discovery of defects after final comple-tion), 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).

(End of clause)

RFL-E2 RPSOFL - 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 Contracting Officer's Representative (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 atten-tion 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 mat-ters related to this contract.

E.2.2. Inspection by Government: The COR, or his/her authorized representatives, will inspect from time to time the services being performed under this contract 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 con-tract, which may be required by the Contracting Officer as a result of such inspection.

(End of clause)

Section F- Deliveries or Performance

F-007 PLACE OF PERFORMANCE

The principal place of performance for this contract shall be: Kizil Art Pass, Tajikistan and at the contractor's facility(ies).

(end of clause)

F-006 PERIOD OF PERFORMANCE

The period of performance for this contract shall be effective on the date of the the Notice to Proceed issued by the Contracting Officer, and shall remain in effect for 120 days where implementation in distinct phases with potential timing gaps may be required.

(end of clause)

F-008 TIME OF PERFORMANCE

All work shall be performed Monday through Saturday for nine (9) hours per day, Monday through Saturday, excluding Government holidays. Other hours, if requested by the Contractor, may be approved by the Contract-ing Officer's Representative. The Contractor shall provide twenty-four (24) hours advance notice to the COR who will consider any deviation from the number of hours identified above. Any changes in work hours will not be a cause for a price increase.

(end of clause)

RFL-F4 RPSOFL - CONTRACTOR'S SUBMISSION OF CONSTRUCTION SCHEDULES

F.4.1 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 thirty (30) days after re-ceipt of an executed contract.

F.4.2 These schedules shall include the time by which shop drawings; product data, samples and other submit-tals required by the contract will be submitted for approval.

F.4.3 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 employed by the Government. The Contractor shall submit a schedule, which sequences work so as to minimize disruption at the jobsite.

F.4.4 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 on account of 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.

(End of clause)

RFL-F5 RPSOFL - 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 Of-ficer. 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.

(End of clause)

RFL-F6 RPSOFL - 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 completion of the project after the completion date, the Contractor shall notify the Contracting Officer of 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 follow-ing the first occurrence of event giving rise to the delay or prospective delay. Revisions to the approved time schedule shall only be made with the approval of the Contracting Officer.

(End of clause)

RFL-F7 RPSOFL - NOTICE TO PROCEED

F.7.1 Following receipt from the Contractor of any bonds or evidence of insurance within the time specified in Section H of this contract, and following acceptance of these documents by the Contracting Officer, the Con-tracting Officer will issue to the Contractor a Notice to Proceed.

F.7.2 It is possible that the Contracting Officer may elect to issue the Notice to Proceed before receipt and ac-ceptance of any bonds or evidence of insurance required. 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.

(End of clause)

RFL-F11 RPSOFL - DELIVERABLES

The following items shall be delivered under this contract:

Description Quantity Delivery Date Delivery To:

Bonds/Insurance 1 15 days after award CO Safety Plan 1 15 days after award COR Quality Assurance Plan 1 15 days after award COR Construction Schedule 1 30 days after award COR Submittal Register 1 30 days after award COR Inspection Reports 1 N0 later than the close of busi-ness on Tuesday for the previous week

COR

Payment Request 1 No later than seven (7) calendar days from the first of each month for the previous month

COR

Monthly Progress Report 1 No later than seven (7) calendar days from the first of each month for the previous month

COR

Updates to Construction Sched-ule

1 last day of each month COR

Request for Substantial Comple-tion

1 5 days before inspection COR

As built drawings and warranty 1 After final completion, but be-fore final acceptance

COR

Request for Final Acceptance 1 5 days before inspection COR

(end of clause)

Section G- Contract Administration Data

01INV DEPARTMENT OF STATE INVOICE INSTRUCTIONS

Invoice submission is only via the Office of Claims’ Commercial Claims Operations fax server, toll-free num-ber: 866-483-3436, or DOSPayments@state.gov, unless otherwise indicated. Each invoice must be transmitted separately.

To constitute a proper invoice, the invoice must include the following information and/or attached documenta-tion:

(1) Name and Address of the Contractor

(2) Dun and Bradstreet Universal Number System (DUNS)

(3) Date of invoice

(4) Unique Vendor Invoice Number - Our Financial System cannot accept the following characters: @ (at symbol), ~ (Tilde), & (Ampersand), ' (Apostrophe), " (Quotation) and spaces. Please do not include any of these characters as part of your invoice number.

(5) Remittance Contact Information

(6) Shipping Terms, Ship to Address

(7) Payment Terms

(8) Total Quantity of Items

(9) Total Invoice Amount

(10) Requisition Number, Contract Number and Order/Award Number, with modification number if applicable.

(11) Order line item number and information (see below instructions)

The name and DUNS of the contractor on the invoice must match the information indicated on the order/award for proper payment.

IMPORTANT: For proper payment, the invoice must detail products and/or services delivered on a line item basis in direct accordance with the corresponding order/award/contract. Each line item must con-tain the following information:

(1) Description of the services rendered for each line item

(2) Line Item Quantity

(3) Line Item Unit Price

(4) Total Line Item Invoicing Amount

(5) Delivery Date

(6) Contract Line Item Number (CLIN)

(7) Order/Award Line Item Number if invoicing against a task or delivery order or Blanket Purchase Agreement (BPA)

Please note that many task or delivery orders against Department of State or GSA contracts or blanket purchase agreements may have a separate and unique line item number in addition to the umbrella Con-tract Line Item Number (CLIN). The order line item number as well as the umbrella award CLIN must be referenced at each invoice line item level in such cases.

All payment to domestic claims will be disbursed by electronic funds transfer EFT. Vendors who are re-gistered in the Central Contractor Registration (CCR) should verify and re-confirm their financial in-formation in the database prior to invoicing. Vendors who wish to request a waiver of CCR or payment by check must submit their justification to their assigned contracting officer for consideration at least 30 days prior to billing. For vendors who are granted an EFT exception, the payment address on the invoice must match the remittance address in the vendor record cited in the award.

Additional correspondence should be addressed to:

Name:

U.S. Department of State Global Financial Services Attn: Office of Claims (RM/GFS/F/C) Charleston Financial Service Center

Mailing Address:

Post Office Box 150008 Charleston, SC 29415-5008 Telephone Numbers:

Director’s Secretary Voice 843-202-3761 Fax 843-746-0749 Official Office Hours: 8:00 am – 5:00 pm

To request Payment Status on a Past Due Invoice contact:

Office of Claims Customer Service Email: commercialclaims@state.gov Phone: 877-704-9473 Toll Free

Person to Contact: Supervisor, Vendor Claims Email: GFS-ChiefVC@state.gov (End of clause)

G-002 CONTRACT ADMINISTRATION DATA

Contracting Officer: Larrry A. Pruitt Jr. E-mail: pruittla@state.gov First Class Mailing:

U.S. Department of State Office of Acquisition Management P.O. Box 9115, Rosslyn Station Arlington, Virginia 22219

Contracting Officer's Representative (COR): To Be Determined E-mail: To Be Determined

(end of clause)

RFL-G1 RPSOFL - AUTHORITY OF CONTRACTING OFFICER

All work shall be performed under the general direction of the Contracting Officer, who alone shall have the au-thority to bind the Government and to exercise the rights, responsibilities, authorities and functions vested by the contract. The Contracting Officer and the Procurement Executive shall have the right to designate author-ized representatives to act for the Contracting Officer, such as the COR.

(End of clause)

RFL-G3 RPSOFL - PAYMENT

G.3.1 General Payments are subject to FAR 52.232-5, "Payments under Fixed-Price Construction Contracts."

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. Invoices shall also include VAT (if applicable), as a separate line item. The Government will make payments no more frequently than monthly. The Contractor shall submit in-voices in accordance with the U.S. Department of State invoicing instructions.

THERE WILL BE NO ADVANCE PAYMENTS MADE UNDER THIS CONTRACT.

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 witholding 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 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.

G.3.7 Currency Fluctuation All payments shall be made in U.S. Dollars, and therefore no requests for adjustments on the basis of currency fluctuations shall be considered.

(End of clause)

Section H- Special Contract Requirements

H-009 CONTRACTOR IDENTIFICATION

Contract performance may require contractor personnel to attend meetings with government personnel and the public, work within government offices, and/or utilize government email.

Contractor personnel must take the following actions to identify themselves as non-federal employees:

1) Use an email signature block that shows name, the office being supported and company affiliation (e.g.

“John Smith, Office of Human Resources, ACME Corporation Support Contractor”);

2) Clearly identify themselves and their contractor affiliation in meetings;

3) Identify their contractor affiliation in Departmental e-mail and phone listings whenever contractor personnel are included in those listings; and

4) Contractor personnel may not utilize Department of State logos or indicia on business cards.

(end of clause)

H-024 NONPAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies or services, or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of his own volition or at the re-quest of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Of-ficer is authorized to change the specifications, terms, and/or conditions of this contract.

(end of clause)

H-036 Recruitment of Third Country Nationals for Performance on Department of State Contracts (October 17, 2012)

1. On contracts exceeding $150,000 where performance will require the recruitment of non-professional third country nationals, the offeror is required to submit a Recruitment Plan as part of the proposal. Contractors providing employer furnished housing are required to submit a Housing Plan.

2. Recruitment Plan

a. State the anticipated number of workers to be recruited, the skills they are expected to have, and the country or countries from which the contractor intends to recruit them.

b. Explain how the contractor intends to attract candidates and the recruitment strategy including the recruiter.

c. Provide sample recruitment agreement in English.

d. State in the offer that the recruited employee will not be charged recruitment or any similar fees. The con-tractor or employer pays the recruitment fees for the worker if recruited by the contractor or subcontractor to work specifically on Department of State jobs.

e. State in the offer that the contractor’s recruitment practices comply with recruiting nation and host country labor laws.

f. State in the offer that the contractor has read and understands the requirements of FAR 52.222-50 Combat-ing Trafficking in Persons.

g. Contractor and subcontractors shall only use bona fide licensed recruitment companies. Recruitment companies shall only use bona fide employees and not independent agents.

h. Contractor will advise the Contracting Officer of any changes to the Recruitment Plan during performance.

3. The offeror will submit a Housing Plan if the contractor intends to provide employer furnished housing for TCNs. The Housing Plan must describe the location and description of the proposed housing. Contractors must state in their offer that housing meets host country housing and safety standards and local codes or explain any variance. Contractor shall comply with any Temporary Labor Camp standards contained in this contract. In con-tracts without a Temporary Labor Camp standard, fifty square feet is the minimum amount of space per person without a Contracting Officer waiver. Contractor shall submit proposed changes to their Housing Plan to the Contracting Officer for approval.

4. Department of State contractor and subcontractors will treat employees with respect and dignity by taking the following actions:

a. Contractor may not destroy, conceal, confiscate, or otherwise deny access to an employee’s identity docu-ments or passports. Contractors and subcontractors are reminded of the prohibition contained in Title 18, United States Code, Section 1592, against knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document to prevent or restrict the person’s liberty to move or travel in order to maintain the services of that person, when the person is or has been a victim of a severe form of trafficking in persons. Contractor must be familiar with any local labor law restrictions on withholding em-ployee identification documentation.

b. Contractor shall provide employees with signed copies of the/their employment contracts, in English and the employee’s native language, that define the terms of employment, compensation including salary, overtime rates, allowances, salary increases, job description, description of any employer provided housing, benefits in-cluding leave accrual, and information on whether hazardous working conditions are anticipated. Contracts must be provided prior to employee departure from their countries of origin. Contractors will provide workers with written information on relevant host country labor laws. Fraudulent recruiting practices, including deliber-ately misleading information, may be considered a material breach of this contract.

c. Contractor shall provide all employees with a “Know Your Rights” brochure and document that employees have been briefed on the contents of the brochure. The English language version is available at ht-tp://www.state.gov/g/tip or from the Contracting Officer.

d. Contractor shall brief employees on the requirements of the FAR 52.222-50 Combating Trafficking in Per-sons including the requirements against commercial sex even in countries where it is legal and shall provide a copy of the briefing to the Contracting Officer Representative (COR).

e. Contractor shall display posters in worker housing advising employees in English and the dominant language of the Third Country Nationals being housed of the requirement to report violations of Trafficking in Persons to the company and the company’s obligation to report to the Contracting Officer. The poster shall also indicate that reports can also be submitted to the Office of the Inspector General (OIG) Hotline at 202-647-3320 or 1-800-409-9926 or via email at OIGHOTLINE@STATE.GOV.

f. Contractor and subcontractors shall comply with sending and receiving nation laws regarding transit, entry, exit, visas, and work permits. Contractors are responsible for repatriation of workers imported for contract per-formance except an employee legally permitted to remain in the country of work and who chooses to do so; or an employee who is a victim of trafficking seeking victim services or legal redress in the country of employ-ment or a witness in a trafficking-related enforcement action.

g. Contractor will monitor subcontractor compliance at all tiers. This includes verification that subcontractors are aware of, and understand, the requirements of FAR 52.222-50 Combating Trafficking in Persons and this clause. Contractors specifically agree to allow U.S. Government personnel access to contractor and subcon-tractor personnel, records, and housing for audit of compliance with the requirements of this clause.

i. The contractor agrees to include this clause in all subcontracts over $150,000 involving recruitment of third country nationals for subcontractor performance.

5. On contracts or subcontracts for other than commercially available off the shelf items, Offerors will certify with the submission of their proposal and annually thereafter that the contractor and subcontractors have a com-pliance plan in place appropriate to the size and nature of the program to prevent trafficking activities and to comply with the provisions of this clause. The certification will confirm that, to the best of its knowledge and belief, neither the prime nor subcontractor have engaged in any trafficking related activities described in section 106(g) of the Trafficking Victims Protection Act (TVPA) or the prohibitions of this clause.

H-025 TECHNICAL DIRECTION

(a) Performance of the work hereunder shall be subject to technical instructions, whether oral or written, issued by the Contracting Officer's Representative specified in SECTION G of this contract. As used herein, technical instructions are defined to include the following:

(1) Directions to the Contractor which suggest pursuit of certain lines of inquiry, change work emphasis, fill in details or otherwise serve to assist in the Contractor's accomplishment of the Statement of Work.

(2) Guidance to the Contractor which assists in the interpretation of drawings, specifications or technical portions of work description.

(b) Technical instructions must be within the general scope of work stated in the contract. Technical instruc-tions may not be used to:

(1) assign additional work under the contract;

(2) direct a change as defined in the "Changes" clause of this contract;

(3) increase or decrease the contract price or estimated contract amount (including fee), as ap-plicable, the level of effort, or the time required for contract performance; or

(4) change any of the terms, conditions or specifications of the contract.

(c) If, in the opinion of the Contractor, any technical instruction calls for effort outside the scope of the contract or is inconsistent with this requirement, the Contractor shall notify the Contracting Officer in writing within ten working days after the receipt of any such instruction. The Contractor shall not proceed with the work affected by the technical instruction unless and until the Contractor is notified by the Contracting Officer that the tech-nical instruction is within the scope of this contract.

(d) Nothing in the foregoing paragraph shall be construed to excuse the Contractor from performing that portion of the contractual work statement which is not affected by the disputed technical instruction.

(end of clause)

H-020 SAFEGUARDING INFORMATION

The Contractor and its employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract which has not been made public, except in the necessary per-formance of their duties or upon written authorization of the Contracting Officer. All documents and records (including photographs) generated during the performance of work under this contract shall be for the sole use of and become the exclusive property of the U.S. Government. Furthermore, no article, book, pamphlet, record-ing, broadcast, speech, television appearance, film or photograph concerning any aspect of work performed un-der this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do not cease upon the expiration or termination of this contract. The Contractor shall include the substance of this provision in all contracts of employment and in all subcontracts hereunder.

(end of clause)

RFL-H1 RPSOFL - BOND REQUIREMENTS

H.1.1 Bonds 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) com-parable alternate performance security approved by the Government such as letter of credit/guaranty shown in Section J, Attachments 1 and 2. Any bonds and/or letters of credit submitted by the Contractor shall be in Eng-lish.

H.1.2 Time for Submission The Contractor shall provide the bonds required by paragraph H.1.1 above within fifteen (15) days of contract award. Failure to submit (1) the required bonds or other security acceptable to the Government in a timely man-ner; (2) bonds from an acceptable surety; or (3) bonds in the required amount, may result in rescinding or ter-mination of the contract by the Government. Should the contract be 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 ma-terials, 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, at which time 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.

(End of clause)

RFL-H2 RPSOFL - INSURANCE

H.2.1 Amount of Insurance The Contractor is required by FAR 52.228-5 to provide whatever insurance is legally necessary. The Contract-or, 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):

H.2.1.1 Bodily…