Revised_Sections_B-M_D B_A004.pdf

HAITIAN MODULAR UNITS:

Part I - The Schedule

SECTION B-A004

SAQMMA-16-R-0075

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B.1 PRICING

B.1.1 As a firm-fixed price contract, the contract price includes all labor, materials, equipment and services necessary to accomplish the design and construction required by the Contract Documents, including applicable customs duties, transportation to the site, storage, premiums for insurance and bonds required by the Solicitation Documents and/or the Contract Documents, permits, license and inspection fees, taxes other than VAT, and all other items called for by the contract or otherwise necessary for performance of the contract. The Contract Price may be adjusted only by a written Contract modification signed by the Contracting Officer.

B.1.2 The contractor shall complete all work, including furnishing all labor, material, equipment and services as called for and required by the terms and conditions of this contract document and all attachments hereto. The maximum time allowable for performance has been identified in Section/Paragraph F.1, clause 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) (Reference FAR 11.404(b)). The price is firm fixed-price and shall include all labor, materials, equipment, services, overhead, taxes and cost for insurance required by Section/Paragraph I.42, 52.228-3, Workers’ Compensation Insurance (Defense Base Act) (for DBA Insurance also see Sections/Paragraphs H.1 and L.20); and I.42a, 52.228-4, Workers’ Compensation and War-Hazard Insurance Overseas

(APR 1984)

B.1.3.1 Value Added Tax (VAT)

If applicable, the contractor shall be responsible paying to the appropriate authority, the applicable rate of Value Added tax. Offerors shall identify Value Added Tax (VAT) as a separate line item in Section B. The VAT shall also be reflected as a separate cost item on all invoices submitted under the resulting contract. The Contractor will be reimbursed for VAT only to the extent contractor provides documentary proof that VAT has been paid to the host government. Any refund of VAT to the contractor shall be paid over to the Government to the extent the Government reimbursed the contractor for the VAT payment.

B.2 CONTRACT PRICE - CONTRACT LINE ITEM NUMBERS (CLINs)

CLINs A&E (US$) Construction (US$) Total (US$) CLIN 001:Canadian Embassy in Port au Prince

N/A

CLIN 002: Les Cayes Coast Guard Station

CLIN 003: Sea Port – Port au Prince

CLIN 004: Malpasse Border Post, Haiti

CLIN 005: Terrier Rouge Customs

CLIN 006: DCPJ-MINUSTA

PAP Airport Compound

CLIN 007: PAT City Haul – Port au Prince

N/A

CLIN 008: Cap Haitian Cost Guard

CLIN 009: US Embassy in Port au Prince

CLIN 010: LTS PAP IAP K9 –

Port au Prince

CLIN 011: BLTS Jacmel Seaport in Jacmel, Haiti

TOTAL Design/Build Price (Total CLINs 001 thru 011) US$_______________

HAITIAN MODULAR UNITS:

SECTION B-A004

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B.3 TYPE OF CONTRACT

This contract is Firm Fixed-Price payable entirely in US Dollars as it’s indicated on the SF1442. No additional sums will be payable on account of any escalation in the cost of materials, equipment, services or labor, or because of the contractor’s failure to properly estimate or accurately predict the cost or difficulty of achieving the results required by this contract.

Nor will the contract price be adjusted on account of fluctuations in currency exchange rates. Changes in the contract price or time to complete will be made only due to changes made by the Government in the work to be performed, or by delays caused by the Government.

B.4 COST OF MATERIALS/EQUIPMENT

The cost of any materials or equipment required in conjunction with the services rendered herein shall be included in the proposed firm fixed-price.

B.5 GOVERNMENT FURNISHED PROPERTY/EQUIPMENT

52.245-2 Government Property Installation Operation Services

B.5.1 In accordance with referenced clauses, the following Government Furnished Equipment and materials will be provided for incorporation into the work by the contractor. The equipment, systems components and parts will be furnished in sufficient quantities and in sufficient time to allow the contractor to complete the construction work as scheduled in accordance with the approved design.

SECTION C-A004

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

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SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

(SEE SOWs, TECHNICAL REQUIREMENTS, AND INVENTORIES ATTACHED)

C.1 PREFACE

C.2 PROJECT BACKGROUND

C.3 ORDER OR PRECEDENCE

C.4 TECHNICAL SPECIFICATIONS

C.5 INDUSTRIAL SAFETY, OCCUPATION HEALTH AND ENVIRONMENAL MANAGEMENT

C.6 SOCIAL SECURITY REGIMEN ABROAD

C.7 SUBCONTRACTORS

C.8 LOGISTICS

C.9 PERSONNEL

C.10 SECURITY

C.11 PERFORMANCE OF WORK

C.12 DEVELOPMENT OF DESIGNS AND DRAWINGS

C.13 GENERAL CONSTRUCTION DETAILS

C.14 CONTINUOUS ACTIVITIES DURING AND AT END OF WORK

SECTION D-A004

PACKAGING AND MARKING

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D.1 RESERVED

D.2 DEPARTMENT OF STATE MAIL AND COURIER ADDRESS

D.2.1 The following address between the hours 8:00 AM and 4:00 PM. The contractor shall advise the intended recipient of the materials and estimated time of arrival a minimum of 24 hours prior to dispatching the package by courier. See D.2.2.

D.2.2 Unclassified and SBU packages sent via U.S. Mail, Registered or Certified Mail and shall be addressed as follows:

U.S. Department of State Office of Acquisition Management A/LM/AQM/IP – SA-6A, Suite 400 Attn: Larry A. Pruitt Jr. Contracting Officer P. O. Box 9115, Rosslyn Station Arlington VA 22219

NOTE: This address shall not be used for classified packages.

D.3 PACKAGING REQUIREMENTS FOR MAIL AND COURIER SHIPMENT OF DOCUMENTS AND

DRAWINGS

D.3.1 Separate packaging of electronic media and hardcopy material The Contractor and any associated subcontractors will package all paper documents and drawings separately from electronic media, regardless of its classification. Specifically, electronic media (such as CDs) will be transported in electronic media packages that contain no other hard copies of any kind, beyond that of transfer/receipt documentation.

Paper drawings and documents will be packaged separately.

D.3.2 Double-wrapping and addressing of packages For all shipping methods, the prime contractor and any associated subcontractors will ensure that all project documentation, regardless of classification, is double-wrapped with both layers addressed properly and labeled with the sender’s address. Document tracking receipts should be packaged inside the inner wrapping with the materials the receipt describes. No indication of the classification or sensitivity should appear on the outer wrapper. Unclassified and SBU packages addressed to overseas facilities or sites may not have the words “blueprints” or “drawings” displayed on the outer wrapper.

D.3.3 Packaging heavy materials in appropriate containers In applying the above double-wrapping and addressing procedures, items sent via US mail or commercial carrier weighing more than one (1) pound shall be enclosed within an appropriately sized double-walled box or, for rolled drawings, a manufactured mailing tube. The cardboard box or mailing tube counts as the second layer of wrap.

D.4 DOCUMENTATION OF SHIPMENTS

The Contractor shall submit the documentation required by contract clauses 52.247-63, Preference For U.S.-Flag Air Carriers (Jun 2003)(See Section/Paragraph I.79), and 52.247-64, Preference For Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (See Section/Paragraph I.80), as follows:

One legible copy of an onboard rated and freighted ocean bill of lading for each shipment to both;

(i) The COR, and

(ii) The Maritime Administration (MARAD), Office of Cargo Preference, 400 Seventh Street, SW, Washington, DC 20590. The documentation must be furnished with 20 working days of the date of loading for shipments originating in the US, and 30 working days for shipments originating outside the US. All subcontractor bills of lading shall be submitted through the Contractor.

MARAD http://www.marad.dot.gov/offices/cargo/ Email: cargo.marad@marad.dot.gov

FAX: 202-366-5522

SECTION D-A004

PACKAGING AND MARKING

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D.5 DESPATCH AGENTS

The Government encourages the Contractor to contact the appropriate U.S. Department of State Dispatch Agent, the names and telephone numbers of whom are available from the Contracting Officer, when obtaining shipping estimates.

The Dispatch Agent may be able to assist both U.S. and foreign firms in obtaining the most competitive rates for ocean or air transportation. The Government shall not be responsible for any delays in transportation resulting from use of a carrier recommended by the Dispatch Agent.

Reference:

DOSAR 652.247-70 NOTICE OF SHIPMENTS (FEB 2015) Section/Paragraph I.81 DOSAR 652.247-71 SHIPPING INSTRUCTIONS (FEB 2015) Section/Paragraph I.81a

SECTION E-A004

INSPECTION AND ACCEPTANCE

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E.1 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)(Reference 46.312)

E.2 SUBSTANTIAL COMPLETION

Definitions.

E.2.1. “Substantial Completion” means the stage in the progress of the work as determined and certified by the Contracting Officer or Contracting Officer’s Representative in writing to the Contractor, on which the work or a portion thereof designated by the Government is sufficiently complete and satisfactory, in accordance with the requirements of the Contract Documents, that it may be occupied or utilized 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. (See Section C-SOW for Substantial Completion procedures).

E.2.2 “Date Of Substantial Completion.” means the date determined by the Contracting Officer or Contracting Officer’s Representative of which substantial completion of the work has been achieved.

E.3 USE OF EQUIPMENT BY THE GOVERNMENT

E.3.1 Right to use. The Government may take over and operate, with Government employees, such equipment as necessary for heating or cooling such areas of the building that require the service, and other equipment such as elevators, electrical, plumbing, and mechanical systems, as soon as the installation is sufficiently complete to permit operation.

E.3.2 Notice. The COR will advise the Contractor in writing, prior to the use of the equipment, which items of equipment will be operated, and the date and time such operation shall begin.

E.3.3 Effect on warranties. Government operation of equipment will not relieve the Contractor of any warranty or correction obligations elsewhere provided for in this contract. The applicable correction period, elsewhere provided for in this contract, for each piece of equipment shall be in accordance with the applicable provisions of this contract.

E.4 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 and certified by the CO or COR in writing to the Contractor, on which all work required under the contract has been completed in an acceptable manner in accordance with the contract requirements, subject to the discovery of latent defects after final completion, and except for items specifically excluded in the notice of final acceptance.

E.4.1.2 “Date Of Final Completion And Acceptance” means the date determined by the Contracting Officer as of which final completion of the work has been achieved, as indicated by written notice to the Contractor.

E.5 QUALITY ASSURANCE AND QUALITY CONTROL

See Section C-General Statement of Work (SOW)

E.5.1 DESIGN QUALITY ASSURANCE AND QUALITY CONTROL

E.5.1.1 A principal factor of performance on a project is the Contractor’s control of the quality of design services. The Contractor shall establish and maintain a project-specific Quality Management Program (QMP) which defines and implements a quality system. The quality system is a documented organizational process which describes responsibilities, procedures, and resources for providing quality control and quality assurance on a project. Effectiveness of the QMP is achieved through adequate planning, forceful direction, and checking in the sense of measurement and evaluation. The QMP applies to the control of quality throughout all areas of contract performance.

The Contractor shall institute an appropriate inspection system including 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

Page - 11 determine whether the various services are being performed according to the contract requirements. Copies of the weekly inspection reports shall be provided to the COR seven (7) days after end of weekly period.

E.5.1.2 Quality Management Program The Contractor’s QMP shall be CO and COR/INL-approved to provide employees, consultants, and/or joint-venture partners with established, uniform procedures for production of project data, and documents throughout the design process. Principal functions of the QMP are the following:

E.5.1.2.1 Quality Control (QC): Operational techniques and activities that are used to fulfill requirements for design quality.

E.5.1.2.2 Quality Assurance (QA): Documentation of planned and systematic actions required to provide confidence that design services provided are based on project requirements and satisfy stated requirements for quality.

E.5.1.3 Audits After award of the Contract, the Government may perform audits of the Contractor’s QMP to periodically assess conformance with the QMP in accordance with the provisions of Section E of the contract.

Disapproval of the program, or major portions, may be for a delay in progress of the project’s development or, in some cases, withholding acceptance of the Contractor’s performed services. The Government may examine the Contractor’s existing quality system prior to award of this contract as part of a pre-contract assessment, in order to determine the ability of the Contractor to satisfy the “quality” requirements of this contract.

E.5.1.4 Agreement on Quality Assurance The Contractor shall develop a clear understanding with all its consultants on quality assurance matters for which the consultants are responsible, and the quality assurance program of the consultants shall be integrated with that of the Contractor on record.

E.5.1.5 QMP Submittal Requirements The QMP Plan shall be structured and developed to include the following minimum requirements:

E.5.1.5.1 Organizational Structure The Contractor shall define and submit* a QMP Plan within 30 days of contract award, including an organizational structure, charts and a description of responsibilities of key personnel who will perform the services. Persons responsible for interface with the Government, including the security manager and QMP Manager, must be identified. A separate list should also include all team members, including consultants with telephone and email addresses.

E.5.1.5.2 Quality Policy The Contractor shall have a stated corporate quality policy. This policy shall be consistent with the Contractor’s quality policy in the QMP. Necessary measures shall be taken by the Contractor to ensure that the corporate quality policy is understood, implemented, and maintained by all employees of the Contractor and the Contractor’s subcontractors.

E.5.1.5.3 Study and Design Input Assurance must be provided that all study and design input such as basis of design, criteria, and standards will be properly identified and documented in such a way that their selection and application may be reviewed by the Government. Additional information is provided in the attached statement of work.

E.5.1.5.4 Building Standards Design and construction must comply with the building codes and standards in addition to applicable design criteria. Inconsistencies among codes and standards shall be brought to the COR/ACOR’s attention in writing. The CO will resolve any inconsistencies.

E.5.1.5.5 Other Procedures Other procedures shall address design management, procurement design activities, construction management, quality records, and audits.

E.5.1.5.6 Security and Communications Interface The Contractor’s QMP shall provide for integration of security and communications requirements into the project.

E.5.1.5.7 Checking, Coordinating, and Integrating Drawings Quality control procedures shall be established to ensure individual drawings and other documentation are checked and that all documentation, including that of the supporting disciplines (e.g., architectural, civil, structural, mechanical, electrical) are coordinated and integrated. Deficiencies, ambiguities, conflicts, and inconsistencies shall be corrected prior to document submittal. Similar procedures shall be

Page - 12 established to ensure that prepared work complies with all design and code requirements without the need for the USG to identify defects and initiate corrective action. Additional requirements are provided in the attached SOW.

E.5.1.5.8 Document Control The QMP shall ensure that documents, including subsequent changes, will be reviewed for adequacy, approved for release by authorized personnel, and properly conveyed to the Government. Persons responsible for reviewing, approving, and releasing new and revised documents shall be identified.

E.5.1.5.9 Verification As part of each design submittal, draft interim, and final documentation phase, the Contractor shall designate a QMP Manager (QMPM). The QMPM shall be responsible for final review, verification, and certification of the documents before they are transmitted to the designated COR. Cursory supervisory review will not satisfy the intent of this requirement. The QMPM shall certify in writing that the documents have been reviewed and verified for design completeness and represent a fully coordinated set ready for submittal to the COR. The QMPM shall maintain the actual set of mark-ups of the review documents for onboard verification, if desired, by the COR. The QMPM shall ensure that all submittals are appropriately marked with sensitivity markings (unclassified, SBU, SBU/NOFORN), government warnings against reproduction and distribution, and bear the proper name of the site/project. Unmarked submittals shall be returned to the contractor for classification and marking.

E.5.1.5.10 Corrective Action The QMP shall clearly define responsibilities and procedures for corrective action in the event that deficiencies in D/B services or resulting deliverables are found to exist.

E.5.1.5.11 QMP Reporting The Contractor shall prepare a Quality Assurance (QA) Report, which shall be submitted as part of the interim and CD backcheck submissions as required in section F.14. This report shall identify the QMP procedures used to review drawings and data for these submissions identifying steps taken to coordinate all drawings and documents prepared by the D/B and the D/B’s subcontractors. The report shall include: 1) QC status of the project, which shall include evidence of QC effort by inclusion of notes, comments, dialogue and discussion among and between disciplines of QC input and adjudication; 2) Significant program problems and their solutions/corrective actions; 3) Organization and key personnel changes to be submitted within 5 working days in advance of the proposed change; 4) Certification of completion of QMP procedures and submission completeness; 5) Construction Documents Compliance Letter for CD Phase and 6) A separate half-size set of marked-up red-line QA/QC drawing set as required in the SOW and the deliverables.

E.5.1.5.11.1 Construction Documents (CD) Compliance Letter: Provide original CD compliance letter signed by the contractor attesting to compliance with design in accordance to all requirements contained within the RFP/Contract. The compliance letter shall also identify all design and construction features in the construction documents that do not comply with the RFP and Bridging documents or vary from a previous design submittal. The letter should also verify that all issues addressed through the IDR process and previously agreed to by the Contractor have been incorporated into the documents

E.5.1.5.12 Administration The administration of the quality program shall be vested in a responsible, authoritative element of the organization with a clear access to management. The organization shall be staffed by technically competent personnel with sufficient authority to ensure that quality requirements are consistently maintained.

E.5.2 CONSTRUCTION QUALITY ASSURANCE AND QUALITY CONTROL

E.5.2.1 See Section C and J

E.5.2.2 Basis of Construction: The contract drawings, specifications, and design criteria as provided in the contract document is the basis of construction. The contractor shall design and construct the project in accordance with the contract documents.

E.5.2.2.1 The contractor developed and INL accepted design shall be the guide and direction for construction operations and execution. Upon acceptance of the Final Design Documents or “Design Issued for Construction” (DIFC) set of construction documents, the Contracting Officer may issue a letter of acceptance indicating that the design has been accepted. Government acceptance does not supersede the contractually documented design and construction requirements: acceptance of the DIFC documents does not relieve the contractor of compliance with contract drawings, specifications, and design criteria, and performance requirements issued in the Request for Proposal(RFP).

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E.5.2.2.2 During contract performance, the contractor shall immediately notify the CO or COR of any discrepancies or omissions of design elements required by the contract drawings, specifications, and design criteria but not included in the Final Design Documents or DIFC. The notification shall include the proposed corrective action and effect on contract performance schedule, if any.

E.5.2.2.3 Reference Section/Paragraph E.5, Quality Assurance and Quality Control. Prior to submission, the contractor shall perform the necessary reviews of the design documentation submittals to ensure the minimum requirements of the Government as reflected and required by the contract drawings, specifications, and design criteria are included. After acceptance of the DIFC set by the Government, contractor initiated design and construction adjustments and alterations requests shall be processed and administered in accordance with the substitution provisions of the contract including H.38.1.6 and Section J.

E.6 DESIGN DOCUMENTATION REVIEW

E.6.1 Integrated Design Review (IDR) As part of the mission of INL to manage development of overseas buildings projects, reviews of design submittals ensure that the Contractor designs the project to meet the criteria stated within this contract. The focus of INL’s reviews is in three major areas: contract requirements, quality of documentation and compliance with required Design and Construction international codes or host government Facilities. The purpose of each IDR is to promptly identify significant design issues, followed by their timely resolution. Refer to Section C- Deliverables for quantities of submittals required.

E.6.2 General Review Procedures

E.6.2.1 General The Integrated Design Review (IDR) Process consists of three distinct efforts, an endeavor to identify key design issues, and then the activity of resolving those issues as an integrated team. The test of a successful review is in its ability to identify critical issues and to bring those issues to successful conclusion in the design. The time to bring issues to final resolution becomes crucial as it affects the cost and delivery of every project. It should be the focus of every team member to reach resolution in as expedient a manner as possible. The project will have 3 formal IDR’s. An IDR will be held at the three CD phase: CD-1 (35%), CD-2 (90%) and CD-3 (100%).

Each integrated design review process in INL has six primary steps: 1) Review Kick Off Meeting; 2) Collaborative Review (Review Comments Collected in Database); 3) Technical Coordination and Review Coordination Meeting; 4) Contractor’s Response; 5) Reviewer Back check; and 6) Resolution Meeting. It is the role of the Contractor to ensure that their overall schedule is integrated to accommodate the time required for the IDRs. It is the role of the COR to assure that these procedures are scheduled and implemented on the Project.

(as rev. 10/26/15)

Complete Deliverables

Received , Printed as Necessary, and Distributed to

CO / COR

INL

Collaborative

Review (Comments Collected

Internal INL Review

Coordination Meetings

Release of Comments to Contractor)

Contractor Evaluation of Review

Comments

INL Reviewers Backcheck Contractor Responses &

Identify "Open" Issues Needing

Further Resolution

Resolution Meetings (Close all

Review Issues)

Kick-Off Presentations of CD-1 or DD Sub.

5 Days 14 Days 1 Day 8 Days 2 Days 2 Days

Note: All days shown are Calendar days = Gov. Actions = Contractor Actions

INL's Integrated Design Review (IDR) Process

Resolution of Issues Identification of Issues

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E.6.2.2 Review Kick Off Meeting Following the delivery and distribution of Contract Deliverables (Generally 5 calendar days), the COR will conduct a kick off meeting with the intent of validating the completeness of the design submittal, and reviewing current contract requirements and outstanding design issues. At a minimum this meeting will review the following:

The completeness of the contract deliverable, identifying any missing or incomplete submittal requirements, and their impact on the review.

Acceptability (preliminary) of document against the Security Classification Guide, See Section C-SOW Apprise the team of the design review schedule.

Review outstanding changes or contract modifications that might impact the review.

Review discipline assignments in the review.

Review previous comments, and their incorporation.

Identify design review conventions and working process.

Failure by the Contractor to comply with the contract may be grounds for rejection. Failure of the USG to identify non-compliant items does not relieve the contractor of his duty to comply with the contract requirements.

E.6.2.3 Collaborative Review (Review Comments Collected in Database) INL reviewers are responsible to review the design within the confines of their technical expertise. As a compliance review, comments will focus primarily on technical requirements as derived from a requirement, quality and security classification review. Additionally, reviewers will assess the overall level of submittal quality.

E.6.2.4 Technical Coordination and Review Coordination Meeting Scheduled by the COR, a thorough review of design comments is conducted with the purpose of screening out and editing review comments. It is the goal of this coordination to delete and edit those comments that lack technical merit, or that place a new requirement on the contractor and his design. Previous experience demonstrates that this phase of the review can result in a significant reduction in the number of comments, and will provide clarification to relevant design issues. Prior to this meeting, each technical expert is expected to thoroughly review all comments within their discipline. The purpose of the Review Coordination Meeting is to coordinate (editing or deleting) any conflicting, non-substantive, duplicative, or out of scope design issues, and bring resolution to those issues within the Government’s review team.

E.6.2.5 Contractor Evaluation and Response to Review Comments With the completion of the Government’s technical coordination, the design review is opened to the Contractor for technical feedback. The Contractor is required to review and respond to each technical issue. Additionally, each review comment can be tagged to its potential impact on cost, scope, or schedule. The Contractor is expected to respond to any non-concurred comment with a thorough explanation and justification.

E.6.2.6 Reviewer Backcheck With the Contractor’s completion of the comment responses, the originating reviewer back checks the Contractor’s responses. Issues that remain “Open” are to be accompanied with a technical discussion of the issue justifying the reviewer’s technical position. “Open” comments shall reflect only those design issues where the Government and the Contractor differ substantially in their interpretation of a technical design requirement or its implementation. Issues that are designated as “Open” should be followed up as a technical discussion with technical counterparts as long as the issue remains technical rather than contractual.

E.6.2.7 Resolution Meeting Run by the COR with support by the Technical Team Leader and team when available, a review of all “Open” design issues is conducted in a meeting of key stakeholders and decision makers held at INL. An issue-by-issue evaluation is conducted, and resolution reached between the government and the Contractor on all outstanding review items. All “Open” items will be “Closed” with an agreed upon resolution or action. Following the conclusion of the meeting, all parties will commit to their acceptance of the decisions by signing a “resolution report” that details the decision.

E.6.3 Construction Document IDRs These IDRs will follow the generic IDR process described in E.6.2. The IDRs will integrate the review of the CDs submittal along with a presentation to the team, post, as well as the certification process for the project. It includes a formal presentation by the Contractor of all CDs Submittals as part of the respective kick-off

Page - 15 meetings. For additional information concerning the design phase and submittals, the contractor shall read and comply with established instructions on the attached documents.

E.6.4 Reserved

E.6.5 CD Backcheck. INL will review this Construction Document submittal as Backcheck Documents to validate that previous comments are resolved. INL will provide discussion of any unresolved comments via email or letter. Those issues will be presented to the Contractor 20 days following receipt of the CD Backcheck documents. The Contractor shall respond to all Government comments via email or letter or as instructed by the COR. While there is not normally a requirement for a resolution meeting for this backcheck, if there are substantial outstanding issues, the Government reserves the right to request that a resolution meeting take place.

E.6.6 Interim Review. An “Interim Review” is intended to provide the Contractor with a “compliance” review with the sole purpose of reducing a Contractors risk when fast-tracking construction. “Interim Reviews” are not intended to supersede or substitute for the required design review process or stages of review imposed in E.6.1 Integrated Design Review or E.6.2 General Review Procedures. “Early Site Work” must be submitted with required deliverables identified in E.6.2.1.

E.6.6.1 “Interim Reviews” will be initiated at the request of the Contractor only, and will always be limited in distribution to those disciplines directly involved with the professional content of the material. The sole purpose of an “Interim Review” is to help reduce the Contractors risk of proceeding with construction ahead of the formal Design Reviews mandated by E.6.1. INL will work with the Contractor to define the appropriate disciplines and offices within INL to review material, and to coordinate scheduling of an Interim review based on the availability of INL staff.

E.6.6.2 Interim Review Process and Procedure. Within the Contractor-developed Project Execution Schedule, the contractor shall communicate the number and type of “Interim Reviews” necessary to support its schedules. The Contractor shall work with the COR to clarify the extent and content of documents being submitted for “Interim Review”.

E.6.6.2.1 Contractors in their planning should clearly delineate:

• The engineering disciplines involved

• Quantities of review documents needed

• Backup calculations and reports required to support design decisions

• Proposed packaging of the submittal to facilitate distribution to reviewers

E.6.6.2.2 Contractors must plan to incorporate backup and supporting documents with their submissions in order to provide the Government technical staff with a complete picture of their design work. These materials should include drawings, specifications, engineering reports, and design calculations sufficient to demonstrate compliance with the contract.

E.6.6.2.3 Contractors must plan on a minimum of 14 calendar days for Government review for each “Interim Review”.

E.6.6.2.4 Upon receipt of documents from the Contractor, the Government will perform a “Compliance” review of documents.

E.6.6.2.5 Reviews will not be undertaken with the goal of coordinating design packages, performing interdisciplinary/constructability checks, or otherwise replacing required Contractor quality control efforts. Government reviewers will review Contractor design material to verify an adherence to contract requirements only. The design review process by the Government is not to be interpreted as an approval opportunity of the Contractor’s apparent progress toward meeting contract requirements, but is intended to discover information that can be brought to the Contractor’s attention that might prevent costly error and misdirection. The Contractor shall remain completely responsible for designing and constructing the building in full compliance with the requirements of this contract.

E.6.6.2.6 No attempt will be made during an “Interim Review” to facilitate a resolution process similar to the Integrated Design Review (IDR) process. Issues raised during the review may be carried over by a reviewer into a formal IDR review when appropriate, and the IDR review used to resolve the technical issue presented.

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E.6.6.2.8 The issues identified by the Government in its “Interim Review” are provided in an attempt to facilitate Contractors execution of the work and to reduce their project risk. Failure on the part of the Government to identify deficiencies in the Contractors design does not relieve the Contractor of the requirement to meet all contractual requirements.

E.7 RESERVED.

E.8 DESIGN-BUILD TEAM INTEGRITY

Also see Section C-SOWs.

Contractor cannot change their design partner (lead designer) and proposed team without the approval of the Contracting Officer.

SECTION F-A004

DELIVERIES OR PERFORMANCE

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SECTION F: DELIVERIES AND PERFORMANCE

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) Alternate I (APR 1984) (Reference 11.404)

Complete blanks as follows:

(a) 10

(c) The completion date/period: The period of the contract for substantial completion shall be calculated from date of issuance of Limited NTP-Design and shall be no more than:

Project Name Project Duration Substantial Completion

Final Acceptance Date

Haiti Modular Units 300 days

*The Date for Substantial Completion shall be the date of LNTP-Design + Project Duration (See Section/Paragraph

E.2 SUBSTANTIAL COMPLETION)

**The Date for Final Acceptance shall be the Date for Substantial Completion + 60 days or longer period as agreed and authorized by the COR.

F.2 Reserved

F.3 52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000) (Reference 11.503) Complete blank(s) as follows:

Project Name Amount (per day)

Haiti Modular Units

$191.60

See Section/Paragraph E.2 SUBSTANTIAL COMPLETION

F.4 52.211-13 TIME EXTENSIONS)

For time extensions, the contractor shall refer to Section F.11.

F.5 52.242-14 SUSPENSION OF WORK (APR 1984) (Reference 42.1305) For suspension of work, the contractor shall refer to Section F.12.

F.6 SCHEDULES

CONTRACTOR’S SUBMISSION OF PROJECT EXECUTION SCHEDULES

The time for submission of the schedules shall be as required in the Statement of Work. These schedules shall include the time design, construction, shop drawings, product data, samples and other submittals required by the contract to be submitted for acceptance.

All deliverables shall be in 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 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. Each deliverable shall be identified as required by the contract. Additional requirements are stated in the attached general and specific statement of work (SOW).

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 COR to achieve coordination with work by the Government and any separate contractors employed by the Government. The Contractor shall submit schedules on the last day of the preceding month for the next months work. The schedule shall sequence work so as to minimize disruption at the jobsite.

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F.7 WORKING HOURS

As part of the requirements, the contractor shall identify allowable time at each location. Upon INL COR approval, working hours will be determined once designs and drawing as finalized.

F.8 EXCUSABLE DELAYS

F.8.1 The Contractor will be allowed time, not money, for excusable delays as defined in FAR 52.249-10, Default (see Section/Paragraph I.153). Examples of such cases include (l) acts of God or of the public enemy; (2) acts of the United States Government in either its sovereign or contractual capacity; (3) acts of the government of the host country in its sovereign capacity; (4) acts of another contractor in the performance of a contract with the Government; (5)fires; (6) floods; (7) epidemics; (8) quarantine restrictions; (9) strikes; (l0) freight embargoes; and (11) unusually severe weather.

F.8.2 In each instance, the failure to perform must be beyond the control and without the fault or negligence of the Contractor, and the failure to perform furthermore (1) must be one that the Contractor could not have reasonably anticipated and taken adequate measures to protect against, (2) cannot be overcome by reasonable efforts to reschedule the work, and (3) directly and materially affects the date of final completion of the project.

F.8.3 In determining whether the Contractor’s failure to perform is beyond the control and without the fault or negligence of the Contractor, if the Contractor contends that its inability to perform is due to poor security conditions, the Government will consider, at a minimum, the following: (i) whether the Contractor implemented adequate security resources, in light of the information reasonably available to the Contractor; (ii) whether the Contractor deployed adequate additional security resources in a timely manner and on an expedited basis, once the need for additional security resources became reasonably clear; and (iii) whether the security conditions were directly impacting the Contractor in its performance of its contract (as opposed to generalized assessments of security conditions in an entire country or city). Furthermore, the mere fact that the diplomatic post in the city or country where the contract was being performed changed its operating status (e.g., from Authorized Departure to Ordered Departure) or that a new travel warning, warden message, or similar document or communication was issued by INL, will not establish that the security conditions prevented the Contractor from performing the Contract.

F.9 DELIVERABLES/SUBMITTALS

The contractor shall furnish the deliverables/submittals listed in Section C- Statement of Work as well as all other identified under this contract.

F.10 PROJECT EXECUTION SCHEDULE

F.10.1 Project Execution Schedules shall be submitted to the COR for acceptance. The schedule shall show the order in which the Contractor proposes to perform the work, and the dates on and time periods within which the Contractor contemplates starting and completing the various portions of the work, in the form and containing such detail as is required by the Contract Documents. The Contractor shall revise such schedules (1) to account for the actual progress of the work, (2) to reflect approved adjustments in the Contract Time, and (3) as required by the COR to achieve coordination with work by the Government and separate contractors. If the Contractor fails to submit any schedule or schedule revision within the time prescribed, the COR may withhold approval of progress payments until the Contractor submits the required schedule or schedule revision.

F.10.2 Acceptance of schedule. See Section C-SOW for details.

F.10.3 Recording progress. The Contractor shall record the actual progress of the work against the approved schedules in the form and at intervals as may be required by the COR.

F.10.4 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 Contract Time, the Contractor shall notify the COR of the effect, if any, of such change or other conditions upon the accepted schedule, and shall state in what respects, if any, the relevant schedule or the Contract Time should be revised. Such notice shall be given promptly and not more than 30 calendar days following

Page - 19 the first occurrence of event giving rise to the delay or prospective delay. Revisions to the accepted Progress Schedule shall only be made with the approval of the COR.

F.10.5 Maintenance of progress. If the Contractor falls behind an accepted schedule, the Contractor shall take steps necessary to improve its progress or overcome any delays and ensure completion of the work within the Contract Time, without additional cost to the Government. In this circumstance, the contractor shall demonstrate how the approved rate of progress will be regained and shall submit for acceptance a supplementary schedule or schedules. Methods may include: increase of any or all of the number of shifts, overtime operations, days of work, and the amount of construction planned.

F.10.6 Schedule revision and equitable adjustments. Upon the request of the Contractor, the Contracting Officer shall ascertain the facts and the extent of the any failure to adhere to the performance schedule resulting from alleged excusable delay. If the Contracting Officer determines that any failure to perform results from one or more of the causes for an excusable delay, the relevant schedules shall be revised, subject to the rights of the Government under the termination clause of this contract. In addition, if and to the extent considered appropriate in the judgment of the Contracting Officer, an equitable adjustment shall be made in the Contract Time.

F.11 DOCUMENTATION OF REQUESTS FOR EXTENSION

F.11.1 Any request for a time extension must be supported by the following data, and any other relevant data requested by the COR:

F.11.2 For any delays for which an extension of time is requested, (a) the exact date and degree of work stoppage, (b) the date of resumption of any or all parts of such work, and (c) a description of the nature of the delay and the degree, if any, to which the Contractor could have reasonably anticipated and guarded against such delay or damage incidental thereto.

F.11.3 For delays in receipt of Contractor furnished materials, (a) the date the materials were ordered, (b) the dates of anticipated delivery at the port of entry and at the project site, (c) the date the materials were scheduled for use or installation by the Contractor, (d) the date the materials were shipped, and (e) the dates the materials were actually received at the port of entry, cleared customs, and were delivered to the project site.

F.11.4 For delays in receipt of Government furnished materials, the date the materials were scheduled for use or installation by the Contractor and the date(s) the materials were actually received at the port of entry, cleared customs, and were delivered to the project site.

F.11.5 For delays in receipt of Government approvals of submittals properly prepared, reviewed and approved by the Contractor before their submission as required by the Contract Documents, (a) the date of submission, (b) the date approvals were received by the Contractor, and (c) the date that installation or fabrication indicated by the submittals were begun, compared with the dates indicated by the current approved construction schedule and schedule of submittals.

F.11.6 For weather delays, (a) average weather conditions during a comparable period over the preceding five years, (b) a daily log recording the actual weather conditions during the relevant time period, and (c) the dates work affected by the weather conditions were scheduled to be performed and the actual dates of performance.

F.12 SUSPENSION OF WORK- NONCOMPLIANCE WITH CONTRACT REQUIREMENTS

In the event the Contractor is in non-compliance with any requirement of this contract and fails to promptly initiate such action as may be appropriate to comply with the specified requirement, the Contracting Officer shall have the right to order the Contractor to suspend any or all work under the contract until the Contractor has complied or has initiated such action as may be appropriate to comply with the contract requirement. The Contractor will not be entitled to any extension of contract time or payment for any costs incurred as a result of being ordered to suspend work for such a cause.

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F.13 NOTICES TO PROCEED

F.13.1 At the time of contract award, the Contractor must commence work to furnish the necessary document submittals within specified time. This work includes continued development of the Project Execution Schedule (PES) that was submitted by the Contractor with the cost proposal. The Contractor shall incorporate all Government comments into an Initial PES (IPES) and resubmit them to the Contracting Officer within 30 days of award. Failure of the Government to find all mistakes and omission in the proposal schedule does not relieve the Contractor of contract requirements.

F.13.2 The Contractor will be given a minimum of two (2) notices to proceed for the project which will consist of the following:

F.13.2.1 LNTP Design, Limited Notice to Proceed - Design (NTP-1) For the development of designs and drawings for the selected CLIN/Project. (This will also allow the Contractor to initiate limited activities for administrative requirement submissions, mobilization, and any other work identified by the Contracting Officer).

F.13.2.2 LNTP Construction Prior to issuance of any LNTPs for Contraction, the Baseline Project Execution Schedule (BPES) must be submitted. Following receipt from the Contractor of any bonds or evidence of insurance within the time specified in Section/Paragraph H.4 Bond Requirements, of this contract, and following acceptance of these documents by the Contracting Officer, the Contracting Officer will provide to the Contractor notices to proceed. LNTP - construction will be issued incrementally authorizing various stages of construction to a final NTP authorizing total construction. It is possible that the Contracting Officer may elect to issue the Construction Notice to proceed prior to receipt and acceptance of any bonds or evidence of insurance required hereunder. Issuance of a LNTP - Construction 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.

F.13.2.2.1 When the contractor requests a LNTP for construction, including site work, foundations, perimeter wall, and outbuildings the Government will support an Interim Design Submittal process in support of the LNTP. An Interim Design Submittal provides the Contractor with a “compliance” review to reduce a Contractors risk when fast-tracking construction ahead of the formal Design Reviews. Interim Design Submittal will be managed by the Government in accordance with the indications provided in Section C- SOWs. The submittal review shall not supersede or substitute for the required design submittal, formal review process, or stages of review required in E.6.1 Integrated Design Review or E.6.2 General Review Procedures.

F.13.2.2.2 Interim Design Submittals will be initiated by the Contractor only, and will be limited in distribution to those disciplines directly involved with the professional content of the material. INL will work with the Contractor to define the appropriate disciplines to review material, and to coordinate scheduling of an Interim review based on the availability of INL staff.

F.13.2.2.3 Interim Design Submittal Process and Procedure. Within the Contractor-developed Project Execution Schedule, contractors shall communicate the number and type of “Interim Reviews” necessary to support the schedule.

The Contractor shall work with the COR to clarify the extent and content of documents being submitted.

F.13.2.2.4 The Interim Design Submittal shall clearly delineate:

• The engineering disciplines involved

• Quantities of review documents needed

• Backup calculations and reports required to support design decisions

• Proposed packaging of the submittal to facilitate distribution to reviewers

F.13.2.2.5 Contractors must incorporate backup and supporting documents with their submissions in order to provide the Government technical staff with a complete picture of their design work. These materials shall include drawings, specifications, engineering reports, and design calculations sufficient to demonstrate compliance with the contract.

F.13.2.2.6 Contractors must plan on 14 calendar days for compliance review of each Interim Design Submittal.

F.13.2.2.7 Government review of Interim Design submissions shall not be undertaken to coordinate design packages, perform interdisciplinary or constructability checks, or otherwise replace required…