SAQMMA15R0277.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

SAQMMA15R0277 SEALED BID (IFB)

X NEGOTIATED (RFP)

2. TYPE OF SOLICITATION 3. DATE ISSUED

06/22/2015

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

Tracie N. Hardy

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

703-875-6897

c. EMAIL hardytn@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 A - SF-1442, Solicitation, Offer and Award Section B-Supplies or Services and Price Costs Section C -Descriptions/Spec/Work Statement Section D-Packing and Marking 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 1. Performance Bond 2. Payment Bond 3. Sample Bank Letter 4. Price Breakdown 5. SOW Section K-Representations and Certifications Section L Instructions, Conditions and notices to Offerors Section M-Evaluation Factors for Award

11. The Contractor shall begin performance within ___60___ calendar days and complete it within ___95___ 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 ____ copies to perform the work required are due at the place specified in item 8 by __14:00:00__ (hour) local time __07/17/2015 __ (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 ____ 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)

SAQMMA15R0277

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 ____ 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

FISCAL OPERATIONS BRANCH CHIEF (OBO/RM/FM/FO)

SEE SPECIAL INVOICE SUBMISSION INSTRUCTIONS

ARLINGTON, VA 22209

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)

John Hite 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

001 Removal and Installation of Active Anti-Ram Vehicle Barriers

3.00 EA

The contractor shall remove the three (3) sets of existing Delta bollards vehicle arrest systems at the Back and the Main Entry Gates and the Main Exit Gate and the Back Gate, and all their support equipment and replace them with three (3) new Electro-Mechanical wedge vehicle arrest system and their controls, and support equipment at the American Center in New Delhi, India.

Doc Ref No:

Delivery Date FOB:

11/30/2015 Destination

002 Defense Base Act (DBA) Insurance 1.00 LT Doc Ref No:

Delivery Date FOB:

11/30/2015 Destination

003 Value Added Tax (VAT) 1.00 LT Doc Ref No:

Delivery Date FOB:

11/30/2015 Destination

SAQMMA15R0277

Line Item Summary

Solicitation Number:

SAQMMA15R0277

Contract Number: Title: OBO 7945 New Delhi STEP 01

APR 15 XJMY0002

Date of Solicitation:

06/22/2015

Line Item No. Description Quantity Unit Unit Price Total Cost

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 CONTRACT 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 and within the time specified. This price shall include all labor, materials, overhead (including insurance required by FAR 52.228-4, Workers’ Compensation and War-Hazard Insurance, which shall be a direct reimbursement), and profit.

B.1(a) VALUE ADDED TAX.

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

B.2 TYPE OF CONTRACT

This is a firm-fixed price contract payable entirely in ( ) local, (X) U.S. currency. The Government will not pay additional sums due to any escalation in the cost of materials, equipment or labor, or the Contractor's failure to properly estimate or accurately predict the cost or difficulty of achieving the results required. The Government will also not adjust the contract price due to fluctuations in the currency exchange rates. The Government may make changes in the contract price or time to complete only due to changes made by the Government in the work to be performed, or by delays caused by the Government.

B.3 DEFENSE BASE ACT INSURANCE- The hourly rates and prices in the contract shall not include Defense Base Act (DBA) Insurance. The Government will reimburse the Contractor directly for DBA Insurance that is required and obtained in accordance with FAR 52.228-3, “Worker’s Compensation Insurance (Defense Base Act)”.

New polices can be purchased directly from any Department of Labor (DOL) approved insurance carrier. A list of DOL approved carriers may be found at:

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

After paying the DBA insurance premium, the Contractor shall submit the certification of coverage from the carrier and a voucher for payment to the Contracting Officer. A paid invoice must support the voucher. The Contractor shall submit the certification to the Contracting Officer before the Notice to Proceed.

SECTION C

DESCRIPTION/SPECIFICATIONS STATEMENT OF WORK

The Contractor shall furnish and install all materials required by this contract in accordance with the Specifications/Statement of Work (Attachment 5).

SECTION D

PACKAGING AND MARKING

D.1 PLACE OF DELIVERY

All deliverables shall be delivered to the following address:

C/O GSO

American Embassy, Shantipath, Chanakyapuri, New Delhi, India, Pin-110021, Telephone: 24198000, X-8138.33

D.2 PACKING AND MARKING

Materials delivered to the site shall be export packed for surface shipment and marked as follows:

C/O GSO

American Embassy, Shantipath, Chanakyapuri, New Delhi, India, Pin-110021

SECTION E

INSPECTION AND ACCEPTANCE

E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at:

http://www.acquisition.gov/far/ or http://farsite.hill.af.mil/vffara.htm

These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Department of State Acquisition website at http://www.statebuy.state.gov/ to see the links to the FAR. You may also use an internet “search engine” (for example Google, Yahoo, Excite) to obtain the latest location of the most current FAR.

The following Federal Acquisition Regulation (FAR) clauses are incorporated by reference:

FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)

CLAUSE TITLE AND DATE

52.246-02 INSPECTION OF SUPPLIES – FIXED PRICE (AUG 1996)

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)*

*applicable if installation option is exercised

E.2 QUALITY ASSURANCE

The Contractor shall institute an appropriate inspection system including:

(1) Creation of checklists of duties to be carried out;

(2) Periodic inspections to ensure that these duties are carried out by the supervisory staff and senior employees; and,

(3) Weekly inspections to determine whether the various services are being performed according to the contract requirements.

The Contractor shall provide copies of the weekly inspection reports to the COR.

The Contractor shall promptly correct and improve upon any areas of shortcomings and/or substandard conditions noted in such inspections. The Contractor shall bring to the attention of the Contracting Officer or COR, for disposition, any conditions uncovered which are not the responsibility of the Contractor.

E.2.1 Inspection by Government: The COR or his/her authorized representatives will periodically inspect the services being performed and supplies being furnished, to determine that all services are being performed in an acceptable manner, and that all supplies are of acceptable quality and standards.

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

E.4 FINAL COMPLETION AND ACCEPTANCE

E.4.1 Definitions

(a) "Final completion and acceptance" - 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 in accordance with contract requirements, subject to the discovery of defects after final completion and except for items specifically excluded in the notice of final acceptance.

(b) "Date of final completion and acceptance"- the date determined by the

Contracting Officer on which final completion of the work occurs, 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) calendar days advance written notice prior to 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 aforesaid 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 The Contracting Officer shall issue to the Contractor a notice of final acceptance and make final payment as required by the contract upon:

(1) Satisfactory completion of all required tests;

(2) Verification by the Contracting Officer on the basis of a final inspection that all items 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;

(3) Submittal by the Contractor of all documents and other items required upon completion of the work, including a final request for payment, and;

(4) Determination by the Contracting Officer that the work under the contract is complete and the contract has been fully performed, with the exception of continuing obligations thereunder.

SECTION F

DELIVERIES OR PERFORMANCE

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at:

http://www.acquisition.gov/far/ or http://farsite.hill.af.mil/vffara.htm

These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Department of State Acquisition website at http://www.statebuy.state.gov/ to see the links to the FAR. You may also use an internet “search engine” (for example Google, Yahoo, Excite) to obtain the latest location of the most current FAR.

The following Federal Acquisition Regulation (FAR) clauses are incorporated by reference:

FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)

CLAUSE TITLE AND DATE

52.242-15 STOP WORK ORDER (AUG 1989)

52.242.17 GOVERNMENT DELAY OF WORK (APR 1984)

52.242-14 SUSPENSION OF WORK (APR 1984)*

*applicable if installation option is exercised

F.2 DELIVERY DUE DATE

Active vehicle barriers required hereunder shall be delivered to the address identified in Section D.1 not later than 45 days after date of contract award.

F.3 INSTALLATION CLAUSES – These clauses are only applicable to the installation portion of the work.

F.3.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 60 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 95 calendar days after the date of the Notice to Proceed. The time stated for completion shall include final cleanup of the premises and completion of punch-list items.

F.3.2 52.211-12 LIQUIDATED DAMAGES - CONSTRUCTION (SEP 2000)

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

F.3.3 Contractor's Submission of Construction Schedules

(a) The time for submission of the schedules referenced in Section I, 52.236-15, "Schedules for Construction Contracts", paragraph (a), is hereby modified to reflect the due date for submission as N/A 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 employed by the Government. The Contractor shall submit a schedule that sequences work so as to minimize disruption at the job-site.

(d) All deliverables shall be in the English language, unless otherwise provided hereunder, and any system of dimensions (i.e., 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. Each deliverable shall be identified as required by the contract.

F.3.4 Acceptance of Schedule

When the Government has accepted any time schedule, this acceptance 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, nor;

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

F.3.5 Notice of Delay

In the event 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:

(1) Notify the Government of such change or other conditions upon the approved schedule, and;

(2) Shall state in what respects, if any, the relevant schedule or the completion date should be revised.

Such notice shall be given promptly and not more than ten (10) calendar days following 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.

F.3.6 Notice to Proceed (NTP)

(a) The Contracting Officer will issue a Notice to Proceed with barrier installation, following:

Receipt from the Contractor and acceptance by the Government of evidence of bonding and insurance within the time specified in Section H of this contract, and;

Arrival of the barriers at the Embassy site.

(b) The Contractor shall then prosecute the work required hereunder, commencing and completing performance not later than the time period established in F.3.1.

F.3.7 Working Hours

The contractor will have access to the site 6 days a week 10 hours per day except for the holidays identified below. Other hours, if requested by the Contractor, may be approved by the Contracting Officer's Representative. The Contractor shall give 24 hours in advance to COR who will consider any deviation from the hours identified above. Changes in work hours will not be a cause for a price increase.

(a) The Department of State observes the following days* as holidays:

New Year's Day Martin Luther King's Birthday Washington’s Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans Day

Thanksgiving Day Christmas Day Good Friday (April 3) Buddha Purnima (May 4) Id-ul-Zuha (Bakrid) (September 25) Mahatma Gandhi’s birthday (October 2) Dussehra (October 22) Bhai Duj (November 13) Guru Nanak’s Birthday (November 25)

*Any other day designated by Federal law, Executive Order or Presidential Proclamation.

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

F.4 Excusable Delays

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

(1) Acts of God or of the public enemy;

(2) Acts of the United States Government in either its sovereign or contractual capacity;

(3) Acts of the government of the host country in its sovereign capacity;

(4) Acts of another contractor in the performance of a contract with the Government;

(5) Fires;

(6) Foods;

(7) Epidemics;

(8) Quarantine restrictions;

(9) Strikes;

(10) Freight embargoes;

(11) Delays in delivery of Government furnished equipment, and;

(12) Unusually severe weather.

In each instance, the failure to perform shall be beyond the control and without the fault or negligence of the Contractor, and the failure to perform furthermore:

(1) Shall be one that the Contractor could not have reasonably anticipated and taken adequate measures to protect against;

(2) Cannot be overcome by reasonable efforts to reschedule the work, and;

(3) Directly and materially affects the date of final completion of the project.

F.5. DELIVERABLES

The Contractor shall delivery the following items under this contract in accordance with the delivery dates identified below. Bonds/Insurance, Safety Plan, Quality Assurance Plan, Construction Schedule, Submittal Schedule and Bios on Personnel shall be submitted prior to issuance by the Government of the Notice to Proceed.

Description Quantity Delivery Date Deliver To H.1.2. Bonds/Insurance 1 10 days after award Contracting Officer H.11.1 Safety Plan 1 10 days after award COR E.2. Quality Assurance/Control Plan 1 10 days after award COR F.3 Construction Schedule 1 10 days after award COR H.14.1 Submittal Register 1 10 days after award COR H.1.2.3.Bios on Personnel 1 10 days after award COR

E.2. Inspection Reports 1

7 days after end of weekly period being reported COR

G.3. Payment Request 1 Last calendar day of each month COR I.1 Updates to Construction Schedule (52.236-15) 1 Weekly COR E.3 Request for Final Acceptance 1 5 days before inspection COR

SECTION G

CONTRACT ADMINISTRATION DATA

G.1. MONITORING OF THE CONTRACTOR

G.1.1. 652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)

(a) The Contracting Officer may designate in writing one or more Government employees, by 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 Vehicle Arrest System Program Manager.

G.1.2 Duties

The COR is responsible for inspection and acceptance of services. These duties include review of Contractor invoices, including the supporting documentation required by the contract. The COR may provide technical advice, substantive guidance, inspections, invoice approval, and other purposes as deemed necessary under the contract. The COR is designated as the authority to act for the Contracting Officer in matters concerning technical clarification, random inspection of Contractor performance to ensure compliance with contract specifications and acceptance of the Contractor's performance under this contract. The COR will coordinate all work with the Contractor during the term of this contract. The COR is not authorized to alter the contract's terms, or conditions, including the design to budget parameter. Such changes must be authorized by the Contracting Officer in a written modification to the contract. Reference to the project architect within documents incorporated into this contract shall be read to mean COR.

G.2 INVOICING INSTRUCTIONS FOR FURNISHING ANTI-RAM BARRIERS.

G.2.1 Number of Copies and Location. The Contractor shall submit invoice(s) to the designated billing official, in an original and three (3) copies at the following address (designated office only for purpose of submitting invoices):

You may submit invoices by either fax or email to the following:

1) FAX invoices to 877-437-9857, or

2) EMAIL invoices to OBOInvoices@state.gov

For exceptionally large invoices, you may ship invoices via courier (e.g., FEDEX, DHL, UPS) to:

U.S. Department of State

OBO/RM/FM SA-6

Attn: Division Chief, Fiscal Operations (Shannon Bellimam) 1701 N. Ft Myer Dr

Arlington, VA 22209 Phone: 703-875-5182 or 703-875-5724

(Please note the courier address above is not a valid USPS delivery address and mail sent via USPS will likely be returned as undeliverable.)

Invoices shall list the item delivered by reference to the appropriate submittal, item number, price, and actual delivery date. To constitute a proper invoice, the invoice must include the following information and/or attached documentation:

(1) Name and address of the contractor

(2) Date of invoice

(3) 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.

(4) Remittance Contact Information

(5) Shipping Terms, Ship to Address

(6) Payment Terms

(7) Total Quantity of items, Total Invoice Amount

(8) DOS Order CLIN

(9) Requisition Number, Contract number, Order Number; also modification number, if applicable for each line item

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

(11) Individual Line Item Quantity, Price, and Extended Amount

(end of clause)

G.2.2 The Contractor shall submit a single invoice for furnishing of the anti-ram barriers.

This invoice shall be submitted in accordance with FAR 52.233-25.

G.3 PAYMENT - CLAUSE APPLICABLE ONLY IF THE BARRIER INSTALLATION

OPTION IS EXERCISED

G.3.1 General: The Contractor's attention is directed to Section I, 52.232-5, "Payments Under Fixed-Price Construction Contracts". The following subsections elaborate upon the information contained therein.

G.3.2 Detail of Payment Requests: Each application for payment shall be made no more frequently than monthly, unless otherwise provided herein, and shall cover the value of labor and materials completed and in place, including a prorated portion of overhead and profit.

G.3.3 Payments to Subcontractors: The Contractor shall make timely payment to his subcontractors and suppliers from the proceeds of the progress or final payment for which request is being made, in accordance with 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 will make a determination as to the amount which, in his/her opinion, is then due. In the event the Contracting Officer does not approve payment of the full amount applied for, less the retainage addressed in 52.232-5, the Contracting Officer shall advise the Contractor of the reasons for the reduction.

G.3.5 Additional Withholding: Independently of monies retained by the Government under 52.232-5, or otherwise as permitted to be retained under this contract, the Government may withhold from payments due the Contractor any amounts as may be considered necessary to cover

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

(2) Wages or other amounts due employees of subcontractors on this project;

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

(4) 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.

G.3.6. Payment: In accordance with 52.232-27(a) the 14-day period identified in FAR 52.232-27(a)(1)(i)(A) is hereby changed to 30 days.

G.4 The Contractor shall identify Value Added Tax (VAT) as a separate line item in Attachment 5, Breakdown of Proposal Price. The Contractor shall also reflect VAT as a separate charge on invoices submitted.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 THROUGH H.18 ARE APPLICABLE ONLY IF INSTALLATION OPTION IS

EXERCISED

H.1 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) comparable alternate performance security approved by the Government such as letter of credit shown in Section J.

H.1.2 Time for Submission: The Contractor shall provide the bonds required by paragraph H.1.1 above within ten (10) calendar days of contract award. Failure to timely submit

(1) the required bonds or other security acceptable to the Government; (2) bonds from an acceptable surety; or (3) bonds in the required amount, may result in rescinding or termination of the contract by the Government. Should the contract be terminated, the Contractor shall be liable for those costs as described in FAR 52.249-10, "Default (Fixed-Price Construction), which is included in Section I of this contract.

H.1.3 Coverage: The bonds or alternate performance security shall guarantee the:

(1) Contractor's execution and completion of the work within the contract time;

(2) Correction of any defects after completion as required by this contract;

(3) Payment of all wages and other amounts payable by the Contractor under its subcontracts or for labor and materials, and;

(4) 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.

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

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

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

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

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

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

ILC.

H.2 INSURANCE

H.2.1 Amount of Insurance: The Contractor's attention is directed to Section I, 52.228- 5, "Insurance - Work on a Government Installation". As required by this clause, the Contractor is required to provide whatever insurance is legally necessary. The Contractor, shall, at its own expense, provide and maintain during the entire performance period the following insurance amounts:

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

(1) Bodily Injury, On or Off the Site, in US Dollars

Per Occurrence $50,000.00

Cumulative $1,500,000.00

(2) Property Damage, On or Off the Site, in US Dollars

Per Occurrence $40,000.00

Cumulative $100,000.00

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

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

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

H.2.2 Government as Additional Insured: The general liability policy required of the Contractor shall name "the United States of America, acting by and through the Department of State", as an additional insured with respect to operations performed under this contract.

H.2.3 Insurance-Related Disputes: Failure to agree to any adjustment contemplated under this contract regarding insurance shall be a dispute within the meaning of the clause in Section I, 52.233-1, Alternate I, "Disputes". However, nothing in this clause shall excuse the Contractor from proceeding with the work, including the repair and/or replacement as herein above provided.

H.2.4 Time for Submission of Evidence of Insurance: The Contractor shall provide evidence of the insurance required under this contract within ten (10) calendar days after contract award. Failure to timely submit this evidence, in a form acceptable to the Contracting Officer, may result in rescinding or termination of the contract by the Government.

H.3 DEFINITIONS

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

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

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

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

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

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

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

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

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

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

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

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

H.4 OWNERSHIP AND USE OF DOCUMENTS

H.4.1 Ownership and Use of Drawings, Specifications and Models

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

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

H.4.2 Supplemental Documents: The Contracting Officer shall furnish from time to time such detailed drawings and other information as is considered necessary, in the opinion of the Contracting Officer, to interpret, clarify, supplement, or correct inconsistencies, errors or omissions in the Contract documents, or to describe minor changes in the work not involving an increase in the contract price or extension of the contract time. The Contractor shall comply with the requirements of the supplemental documents. Unless prompt objection is made by the Contractor within 20 days, issuance of the aforementioned documents shall not provide for any claim for an increase in the Contract price or an extension of contract time.

H.4.3 Record Documents: The Contractor shall maintain at the project site a 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 a complete set of record shop drawings, product data, samples and other submittals as approved by the Contracting Officer.

H.4.4 "As-Built" Documents: After final completion of the work, but before final acceptance thereof, the Contractor shall provide complete sets of "as-built" drawings, based upon the record set of drawings, marked to show the details of construction as actually accomplished, and record shop drawings and other submittals, in the number and form as required by the specifications.

H.5 GOVERNING LAW

The contract and its interpretation shall be governed by the laws of the United States.

H.6 LANGUAGE PROFICIENCY

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

H.7 LAWS AND REGULATIONS

H.7.1 Compliance Required: The Contractor shall, without additional expense to the Government, be responsible for complying with all laws, codes, ordinances, and regulations applicable to the performance of the work, including those of the host country, and with the lawful orders of any governmental authority having jurisdiction. Host country authorities may not enter the construction site without the permission of the Contracting Officer. Unless otherwise directed by the Contracting Officer, the Contractor shall comply with the more stringent of the requirements of such laws, regulations and orders and of the contract. In the event of a conflict among the contract and such laws, regulations and orders, the Contractor shall promptly advise the Contracting Officer of the conflict and of the Contractor's proposed course of action for resolution by the Contracting Officer.

H.7.2 Labor, Health and Safety Laws and Customs: The Contractor shall comply with all local labor laws, regulations, customs and practices pertaining to labor, safety, and similar matters, to the extent that such compliance is not inconsistent with the requirements of this contract.

H.7.3 Subcontractors: The Contractor shall give written assurance to the Contracting Officer that all subcontractors and others performing work on or for the project have obtained all requisite licenses and permits.

H.7.4 Evidence of Compliance: The Contractor shall submit at such times as directed by the Contracting Officer, proper documentation and evidence satisfactory to the Contracting Officer of compliance with this clause.

H.8 RESPONSIBILITY OF CONTRACTOR

H.8.1 Damage to Persons or Property: The Contractor shall be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence, and shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others.

H.8.2 Responsibility for Work Performed: The Contractor shall be responsible for all materials delivered and work performed until final completion and acceptance of the entire work, except for any completed unit of work which may have been accepted in writing under the contract.

H.9 CONSTRUCTION OPERATIONS

H.9.1 Operations and Storage Areas

(a) Confinement to Authorized Areas. The Contractor shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the Contracting Officer.

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

H.9.2 Use of Premises

(a) Occupied Premises. If the premises are occupied, the Contractor, its subcontractors, and their employees shall comply with the regulations promulgated by the Government governing access to, operation of, and conduct while in or on the premises and shall perform the work required under this contract in such a manner as not to unreasonably interrupt or interfere with the conduct of Government business.

(b) Requests from Occupants. Any request received by the Contractor from occupants of existing buildings to change the sequence of work shall be referred to the Contracting Officer for determination.

(c) Access Limited. The Contractor, its subcontractors and their employees shall not have access to or be admitted into any building or portion of the site outside the areas designated in this contract except with the permission of the Contracting Officer.

H.10 TEMPORARY FACILITIES AND SERVICES

Temporary buildings (e.g., storage sheds, shops, offices) and utilities may be erected by the Contractor only with the approval of the Contracting Officer and shall be built with labor and materials furnished by the Contractor, the cost of which is included in the contract price. The temporary buildings and utilities shall remain the property of the Contractor and shall be removed by the Contractor at its expense upon completion of the work. With the written consent of the Contracting Officer, the buildings and utilities may be abandoned and need not be removed.

H.11 SAFETY

652.236-70 ACCIDENT PREVENTION (APR 1999)

(a) General. The Contractor shall provide and maintain work environments and procedures which will (1) safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities; (2) avoid interruptions of Government operations and delays in project completion dates; and (3) control costs in the performance of this contract. For these purposes, the Contractor shall—

(1) Provide appropriate safety barricades, signs and signal lights;

(2) Comply with the standards issued by any local government authority having jurisdiction over occupational health and safety issues;

(3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for this purpose are taken.

(4) Since personnel shall be in trench, which should be approx. 1.5 M deep, it is necessary that the excavation, and adjacent areas, be inspected by a “competent person”. A “competent person” is one who is familiar with this type of work, can identify trenching hazards, and has authority to stop work in the event hazardous conditions develop. He or she shall inspect it daily, after any rainy storm, other source of water entering trench, or other energy source (such as vibration, presence of utility lines) which might weaken the side walls of the trench or otherwise hazard the employees in the trench. If there is evidence that the excavation presents a hazard to workers, remove the workers immediately.

(5) When excavation is under 1.5 meters, and the “competent person” judges that there is no potential for cave-in shoring may be removed.

(b) Records. The Contractor shall maintain an accurate record of exposure data on all accidents incident to work performed under this contract resulting in death, traumatic injury, occupational disease, or damage to or theft or loss of property, materials, supplies, or equipment. The Contractor shall report this data in the manner prescribed by the Contracting Officer.

(c) Subcontracts. The Contractor shall be responsible for its subcontractors' compliance with this clause.

(d) Written Program. Before commencing the work, the Contractor shall—

(1) Submit a written proposal for implementing this clause; and

(2) Meet with the Contracting Officer to discuss and develop a mutual understanding relative to administration of the overall safety program.

(e) The Contracting Officer shall notify the Contractor of any non-compliance with these requirements and the corrective actions required. This notice, when delivered to the Contractor or the Contractor's representative at site, shall be deemed sufficient notice of the non-compliance and corrective action required. After receiving the notice, the Contractor shall immediately take correction action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order suspending all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any suspension of work issued under this clause.

H.12 SUBCONTRACTORS AND SUPPLIERS

H.12.1 Claims and Encumbrances: The Contractor shall satisfy as due all lawful claims of any persons or entities employed by the Contractor, including subcontractors, material men and laborers, for all labor performed and materials furnished under this contract, including the applicable warranty or correction period, unless the Government shall be directly liable therefor by contract. The Contractor shall not at any time permit any lien, attachment, or other encumbrance to be entered against or to remain on the building(s), or the premises, whether public or private, or any portion thereof, as a result of nonperformance of any part of this contract.

H.12.2 Approval of Subcontractors

(a) Review and Consent. The Government reserves the right to review proposed subcontractors for a period of five (5) calendar days before providing notice of consent or rejection of any or all subcontractors.

(b) Rejection of Subcontractors. The Government reserves the right to reject any or all subcontractors proposed if their participation in the project, as determined by the Contracting Officer, may cause damage to the national security interests of the United States. The Contractor agrees to promptly replace any subcontractor rejected by the Government under this clause.

H.13 CONSTRUCTION PERSONNEL

H.13.1 Removal of 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 amongst those employed at the site and for the preservation of peace and protection of persons and property in the neighborhood of the project against the same. The Contracting Officer may require, in writing, that the Contractor remove from the work any employee that the Contracting Officer deems incompetent, careless, insubordinate or otherwise objectionable, or whose continued employment on the project is deemed by the Contracting Officer to be contrary to the Government's interests.

H.13.2 Construction Personnel Security: After award of the contract, the Contractor has ten calendar days to submit to the Contracting Officer a list of workers and supervisors assigned to this project for the Government to conduct all necessary security checks. It is anticipated that security checks will take 10 days to perform. For each individual the list shall include:

Full Name Place and Date of Birth

Current Address Identification Number

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

H.14 MATERIALS AND EQUIPMENT

H.14.1 Selection and Approval of Materials

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

(b) Selection by Contractor.