Final-Sched_B-M(01SEP16).pdf

SOLICITATION SAQMMA-16-R-0508

Metallic Radar Tower (1) in Gorgona Island, Colombia Part I - The Schedule

SECTION B: PRICING

SAQMMA-16-R-0508

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 construction required by the Contract Documents, including applicable customs duties, transportation to the site, storage, premiums for insurance 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 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 Value Added Tax (VAT)

B.1.3.1 Value Added Tax (VAT) will be reimbursed by the Government in accordance with CLIN 002 below. SEE Section/Paragraph G.10 TAX RELIEF PROCEDURES

B.1.3.2 All taxes, other than VAT, shall be paid by the Contractor and be included in the total price entered below for the construction services in CLIN 001.

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

PROJECT TITLE: SAQMMA-16-R-0508

CLIN 0001 Construction: The contractor shall complete all work to construct one metallic rappel tower (1) in Gorgona Island, Colombia including furnishing all professional services, labor, material, equipment and services, unless otherwise specified herein, required under this contract for the following firm fixed price and within the time specified herein. This price shall include all labor, materials, equipment, overhead insurance and fees, and profit and all cost for project General Requirements.

CLINs 001 shall include: the cost of VAT on goods and services not identifiable as incorporated into the work - construction (see CLIN 002 and Section/Paragraph G.10).

CLIN 002 ALLOWANCE FOR REIMBURSEMENT OF VAT (see Section G.10)

This Contract Line Item is a lot sum amount included in the contract price for direct reimbursement to the contractor for payment of Value Added Tax (VAT) paid on materials, supplies, equipment, and services required to perform the contract and purchased for incorporation into the work. The contractor shall be reimbursed for payment of VAT paid on behalf of the U.S. Government directly associated with

SECTION B: PRICING

the construction project and required to perform this contract. The contractor shall furnish Official Host Nation documents evidencing the demand for payment of the VAT and an official receipt issued by the Host Government as evidence that the VAT was paid for reimbursement under this CLIN.

Excluded from reimbursement under this CLIN: VAT on items such as: housing, personal vehicles, personal dining and entertainment.

GRAND TOTALS (CLINs 001, and 002)

CLINs Total Colombian Pesos Total US Dollars

CLIN 001

CLIN 002 (VAT)

Total

Responsibility of Contractor. The Contractor shall take all reasonable action to obtain exemption from or refund of any taxes or duties, including interest or penalty, from which the United States Government, the Contractor, any subcontractor, or the transactions or property covered by this contract are exempt under the laws of the country concerning its political subdivisions or which the governments of the United States and the country concerned have agreed shall not be applicable to expenditures in such country by or on behalf of the United States.

Notice of Changes. The Contractor shall promptly notify the Contracting Officer of all matters relating to taxes or duties that reasonably may be expected to result in either an increase or decrease in amount of CLIN 0002.

Certification by Contractor. The Contractor shall provide written certification to the Contracting Officer at the completion of the project as to any and all refunds received for taxes required to be paid under this contract.

B.3 TYPE OF CONTRACT

This contract is Firm Fixed-Price payable entirely in the currency 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 RESERVED

SECTION C: DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

Section C: DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

See Statement of Work Attached to this solicitation package.

SECTION D: PACKAGING AND MARKING

Note:

Clauses numbered 52.XXX… Are Federal Acquisition Regulation Clauses.

Clauses numbered DOSAR 652.XXX… Are Department of State Acquisition Regulation

Clauses.

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: Jocabed Domingue, 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.

SECTION D: PACKAGING AND MARKING

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 a 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

D.5 DESPATCH AGENTS

The Government encourages the Contractor to contact the appropriate U.S.

Department of State Despatch Agent, the names and telephone numbers of whom are available from the Contracting Officer, when obtaining shipping estimates. The Despatch 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 Despatch 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: INSPECTION AND ACCEPTANCE

Clauses numbered DOSAR 652.XXX… Are Department of State Acquisition Regulation

Clauses.

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 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 is necessary for heating or cooling such areas of the building as 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.

SECTION E: INSPECTION AND 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

(Also See SOW)

E.5.1 CONSTRUCTION QUALITY ASSURANCE AND QUALITY CONTROL

E.5.1.1 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 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 Any shortcomings and/or substandard conditions noted in such inspections shall be promptly corrected and improved; any conditions beyond the responsibility of the Contractor shall be brought to the attention of the Contracting Officer or COR, for disposition.

E.5.1.3 Monthly Report: The Contractor shall render a monthly progress report, summing up observations resulting from the inspections, progress, difficulties or irregularities encountered, resolution of problems, measures taken to improved conditions, recommendations, and other matters related to this contract. This monthly report shall be submitted to the COR, together with the Contractor’s monthly invoice.

E.5.1.4 Inspection by Government: The services being performed hereunder and the supplies furnished will be inspected from time to time by the COR, or his/her authorized representatives, to determine that all work is being performed in a satisfactory manner, and that all supplies are of acceptable quality and standards.

E.5.1.5 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.6 RESERVED

E.7 RESERVED.

SECTION F: DELIVERIES OR PERFORMANCE

CLAUSES INCORPORATED BY REFERENCE

FAR SOURCE TITLE, DATE, REFERENCE

Note:

Clauses numbered 52.XXX… Are Federal Acquisition Regulation Clauses.

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) 15

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

Project Name Project Duration

Substantial Completion

Final Acceptance Date

To construct metallic radar tower (1) in Gorgona Island, Colombia 120 Days

*The Date for Substantial Completion shall be the date of NTP + 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) To construct metallic radar tower (1) in

Gorgona Island, Colombia

$291.00

See Section/Paragraph E.2 SUBSTANTIAL COMPLETION

F.4 52.211-13 TIME EXTENSIONS (SEPT 2000) (Reference 11.503)

F.5 52.242-14 SUSPENSION OF WORK (APR 1984) (Reference 42.1305)

F.6 SCHEDULES

F.6.1 CONTRACTOR’S SUBMISSION OF PROJECT EXECUTION SCHEDULES

F.6.1.1 The time for submission of the schedules shall be as required in the

SOW.

F.6.1.2 Reserved.

F.6.1.3 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 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.

F.6.1.4 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.

F.7 WORKING HOURS

All work shall be performed during Monday through Saturday, except for the applicable holidays identified below. Working hours for Monday through Saturday shall be eight (8) hours per day. The specific working hours (start and finish times) will be determined at the time of contract award. Once the work schedule has been approved by the COR, other hours, if requested by the Contractor, may be submitted to the COR for consideration. Any change in the agreed to/approved working days and/or hours must receive the approval of the COR. The Contractor shall submit any such requests 24 hours in advance to COR who will consider any deviation from the hours identified above. Changes in the work schedule, if approved by the COR, will not be a cause for a price increase or additional time As this contract is for construction taking place on a non-US Government property, the Contractor is not required by this contract to consider or observe U.S. holidays. However, the Contractor must act in compliance with local holidays and shall exercise due diligence to ensure local customs, appropriate compensation issues, and labor laws are addressed.

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 the Department of State, will not establish that the security conditions prevented the Contractor from performing the Contract.

F.9 DELIVERABLES/SUBMITTALS

F.9.1 The contractor shall furnish the deliverables/submittals listed in Section C- Statement of Work as well as all other identified under this contract.

F.9.2 The following contract paragraphs require submission of various documents concerning project personnel and subcontractors. Submissions required by the paragraphs concerning the construction phase shall be provided as indicated in the requiring paragraph.

Section/Paragraph H.5.1, Foreign Subcontractors Section/Paragraph H.30, Organization and Direction of the work Section/Paragraph H.32, Sub-contractor and suppliers Section/Paragraph H.35, Contractor Personnel Section/Paragraph H.36, Sensitive Positions

Note that there may be duplications of the above submittal requirements in Division 1 of the contract. Where Division 1 addresses the same or similar submittals as described above, the submission requirements for those documents are hereby changed to the above revised submission requirements.

F.10 RESERVED

F.11 PROJECT EXECUTION SCHEDULE

See also sow

F.11.1 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.11.2 Acceptance of schedule. When the Government has accepted any time schedule, it shall be binding upon the Contractor. The Contract Time is fixed by the contract, and may be extended only by a written Contract modification, Change Order or Supplemental Agreement signed by the Contracting Officer.

Acceptance or approval of any schedule or revision thereof by the Government shall not (1) be effective to extend the Contract Time or obligate the Government to do so, (2) constitute acceptance of any delay, nor (3) excuse the

Contractor from or relieve the Contractor of its obligation to maintain the progress of the work and achieve final completion within the Contract Time.

F.11.3 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.11.4 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 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.11.5 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.11.6 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.12 DOCUMENTATION OF REQUESTS FOR EXTENSION

F.12.1 Any request for a time extension must be supported by the following data, and any other relevant data requested by the COR:

F.12.2 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.12.3 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.12.4 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.12.5 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.12.6 For weather delays, (a) average weather conditions during a comparable period over the preceding ten 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.13 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.

F.14 NOTICES TO PROCEED

F.14.1 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 Project Execution Schedule (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.14.2 The Contractor will be given a minimum of two (2) Notices to Proceed for the project which will consist of the following:

F.14.2.1 LNTP For Long Lead Items, Limited Notice to Proceed (LNTP): This LNTP will allow the contractor to begin procurement and shipment of long lead items.

The contractor shall comply with all submission and acceptance requirements for project materials. This will also allow the Contractor to initiate limited activities for administrative requirement submissions and any other work identified by the Contracting Officer.

F.14.2.2 NTP Construction Prior to issuance of any LNTP for Construction, the Baseline Project Execution Schedule (BPES) must be submitted. Following receipt from the Contractor of any evidence of insurance within the time specified in Section/Paragraph H.3 Insurance, of this contract, and following acceptance of these documents by the Contracting Officer, the Contracting Officer will provide to the Notice to Proceed.

Contractor shall note that the contract performance period commences upon the date of issuance of NTP-Construction (NTP-1).

F.14.2.2 It is possible that the Contracting Officer may elect to issue the Construction Notice to Proceed prior to receipt and acceptance of any evidence of insurance required hereunder. Issuance of a Construction NTP by the Government before receipt of the required insurance certificates or policies shall not be a waiver of the requirement to furnish these documents.

F.14.3 NTP - Final

F.14.3.1 Final NTP will not be issued until the Baseline Project Execution schedule (BPES) is accepted.

F.14.3.2 The Contractor must then prosecute the work required hereunder, commencing and completing performance no later than the time period established in the contract.

F.15 RESERVED

SECTION G: CONTRACT ADMINISTRATION DATA

G.1 DOSAR 652.232-70 PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED-PRICE)(AUG

1999) (Reference 632.908(a))

(a) General. The Government shall pay the contractor as full compensation for all work required, performed and accepted under this contract, inclusive of all costs and expenses, the firm fixed-price stated in Section B of this contract.

[Use paragraph (b) only if partial payments apply. Otherwise, paragraph

(a) above assumes the contractor will be paid in full amount upon completion of all contractual requirements.]

(b) Payments Schedule. Payments will be made in accordance with the following partial payment schedule:

Partial Payment Number

Specific Deliverable

Delivery Date

Payment Amount

[Continue as necessary]

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS

52.232-10 PAYMENTS UNDER FIXED-PRICE ARCHITECT-ENGINEER CONTRACTS

(c ) Invoice Submission. Invoices shall be submitted in an original and 2 copies (See the SF 1442 Block 27) to the office identified in Block 10 of the SF-26, Block 23 of the SF-33, or Block 18b of the SF-1449. To constitute a proper invoice, the invoice must include all items per FAR 52.232-25, “Prompt Payment” (see Section/Paragraph I.141).

(d) Contractor Remittance Address. Payments shall be made to the contractor’s address as specified on the cover page of this contract, unless a separate remittance address is specified below:

______________See Section/Paragraph G.8_____________________________________

G.2 DOSAR 652.242-70 CONTRACTING OFFICER’S REPRESENTATIVE (COR) (AUG 1999)

(Reference DOSAR 642.272(a))

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

G.3 DETAILED ESTIMATE FOR PROGRESS PAYMENTS

Before the first progress payment under this contract becomes due, the Contractor shall prepare a Detailed Estimate for Progress Payments itemizing the Contract Price in the form and in such detail as is required by the Contract Documents. (See Division 1, Section 013205, paragraph 3.02, Cost and Resource Loading). The values in the Detailed Estimate will be used as a basis for determining progress payments, but will not be conclusive as to the amounts due the Contractor or as to the value of changes in the work. The Contractor’s overhead and profit shall be prorated throughout the life of the contract.

G.4 MONTHLY PROGRESS PAYMENT REQUESTS (Application for Payment)

G.4.1 Payment requests. The Contractor may submit requests for progress payments at monthly intervals. Each application shall cover the value of labor and materials completed and in place, including a prorated portion of overhead and profit.

G.4.2 Stored materials. Unless otherwise provided in the Contract Documents, material delivered that will be incorporated into the structure may be included in a request for payment, provided the material is delivered on the site, or is delivered to the Contractor and properly stored in a bonded warehouse, storage yard or similar suitable place in the vicinity of the project as may be specified in the Contract Documents or approved by the COR, and is suitably insured against loss, damage and theft. If a request for payment includes delivered material on the site, the Contractor shall furnish with the request for payment such evidence as may be required as proof of quantity and value of such materials. If a request for payment includes delivered material permitted by the Contract Documents or the COR to be stored off the site, the Contractor shall furnish with the request for payment properly executed bills of sale for the delivered material upon which payment is being made. The Contractor shall remain responsible for such stored materials.

G.5 CERTIFICATION OF PAYMENT TO SUBCONTRACTORS

G.5.1 The Contractor shall submit with the request for payment a certification with regards to payments. Reference I, 52.232-5, Payments Under Fixed-Price Construction Contracts.

G.5.2 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 CO or COR shall 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 (see Section/Paragraph I.136), the Contracting Officer shall advise the Contractor of the reasons therefore.

G.6 AUTHORITY OF CONTRACTING OFFICER

G.6.1 All work shall be performed under the general direction of the Contracting Officer, who alone shall have the power to bind the Government and to exercise the rights, responsibilities, authorities and functions vested by the contract, except that the Contracting Officer shall have the right to designate authorized representatives to act for the Contracting Officer, as specifically provided in the designation of that individual, such as a Contracting Officer’s Representative (COR).

G.7 PAYMENT

G.7.1 General. The Contractor’s attention is directed to Section I, 52.232-5, “Payments Under Fixed-Price Construction Contracts” (see Section/Paragraph I.136). The following subsections elaborate upon the information contained therein.

G.7.2 Detail of Payment Requests. Each application for payment, which shall be made no more frequently than monthly, unless otherwise provided herein, shall cover the value of labor and materials completed and in place, including a prorated portion of overhead and profit.

G.7.2.1 The contractor shall submit the original signed copy of each invoice to the following address, without full supporting documentation:

Private Mail delivered by express mail or courier shall be addressed: SEE G.8

G.7.2.2 The contractor shall furnish a complete signed copy of each invoice to the COR, including all supporting documentation.

G.7.3 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 CO or COR shall make a determination as to the amount which, in his/her opinion, is then due. In the event the Contracting Officer or COR does not approve payment of the full amount applied for, less the retainage addressed in 52.232-5 (see Section/Paragraph I.136), the Contracting Officer or COR shall advise the Contractor of the reasons therefore.

G.7.4 Payment. In accordance with Federal Acquisition Regulation 32.908(b)(1) the 14-day period identified in FAR 52.232-27(a)(1)(i)(A) (see Section/Paragraph I.143) is hereby changed to 30 days.

G.8 INVOICING

G.8.1 The Contractor’s invoice shall be submitted to the following address:

To: U.S. Embassy Bogota Attn: International Narcotics and Law Enforcement

Section (INL) Carrera 45 No. 24B-27, Puesto 2 Bogota, Colombia

G.8.2 INL FMO will log in the invoice and give it to the COR who shall determine if the billed services have been satisfactorily performed and if reimbursable expenses billed are correct. If it is determined that the amount billed is incorrect, the COR, will approve undisputed portion of the invoice and notify contractor in writing.

G.8.3 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:

G.8.3.1 Name and Address of the contractor G.8.3.2 Date of invoice

G.8.3.3 Unique Vendor Invoice Number G.8.3.4 Remittance Contact Information G.8.3.5 Shipping Terms, Ship to Address G.8.3.6 Payment Terms G.8.3.7 Total Quantity of items, Total Invoice Amount G.8.3.8 DOS Order CLIN G.8.3.9 Requisition Number, Contract number, Order Number; also modification number, if applicable for each line item G.8.3.10 Description of the services rendered for each line item G.8.3.11 Individual Line Item Quantity, Price, and Extended Amount

G.9 CONTRACT PROGRESS PAYMENT

Payments to the contractor for services completed under this contract shall be made in accordance with the following clauses:

I.136 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS

G.9.1 Monthly invoices may be submitted for construction services in accordance with Section/Paragraph I.136.

G.10 TAX RELIEF PROCEDURES (See Section B CLIN 0002)

(a) General. This clause supplements FAR 52.229-6, Taxes – Foreign Fixed-Price Contracts (Reference 29.402-1(a)). The prices set forth in this contract are exclusive of all taxes and duties from which the U.S. Government is exempt by virtue of agreement between the U.S. Government and the host country.

(b)(1) Procedures. The Contractor shall follow the procedures in paragraph

(c) of this clause regarding tax relief as provided in the agreement between the U. S. Government and the host country. The diplomatic tax privilege belongs to the U.S. Government, and applies to taxes and duties payable to the host country that are directly attributable to contract costs identified in paragraph (c) as subject to exemption, e.g., taxes or duties levied by the host country on labor and materials that are applied to or utilized in performance of this contract.

Taxes and duties covered by an agreement with a host country may include, but are not limited to: sales taxes, value added taxes, consumption taxes, duty taxes, permit taxes, and municipal taxes levied on contract costs. The Contractor is responsible for all taxes and duties not specifically identified herein as subject to exemption, including taxes generally imposed on the operation/profit of business entities performing services in the host country (e.g., corporate and personal income taxes).

(2) The procedures in paragraph (c) are based on the current tax relief agreement between the Government and the host country and are subject to change.

The Government shall reimburse the Contractor for any after-imposed tax or for any tax or duty specifically excluded from the contract price that the Contractor is required to pay or bear, including any interest or penalty paid, provided that the Contractor received written authorization from the Contracting Officer before making such payment. In order to receive reimbursement for any tax or duty, the Contractor must provide the Contracting Officer with the original official host country documents evidencing the demand for payment of any taxes or duties and an official host country receipt of payment of taxes and duties. With prior written authorization and provision of the requisite documents, the Government shall increase the contract price accordingly.

Failure on the part of the Contractor to provide the requisite documents shall preclude reimbursement by the Government. The Contractor shall promptly report any after-relieved taxes or duties.

(c) The following procedures are included in, or are derived from, the agreement negotiated with the host country and are hereby incorporated into this clause:

Government of Colombian updated procedures will be clarified during the solicitation process.

(d) Remedies. The Government may impose the following remedies in the event the Contractor fails to follow the procedures outlined in paragraph (c) of this clause. These actions are in addition to any other remedies available to the Government:

(1) The Contracting Officer may suspend contract payments in accordance with the procedures at FAR 32.503-6(a)(1).

(2) The Contracting Officer may terminate the contract for default in accordance with the procedures at FAR Subpart 49.4.

(3) The Contracting Officer may refer the case to the agency suspension and debarment official, in accordance with agency procedures, pursuant to FAR Subpart 9.4.

(e) Audit. The Contracting Officer shall have the right to examine and audit all records and other evidence regarding the Contractor’s compliance with the requirements of this clause.

SECTION H: SPECIAL CONTRACT REQUIREMENTS

Clauses numbered DOSAR 652.XXX… Are Department of State Acquisition Regulation

Clauses.

H.1 AUTHORIZED INSURANCE CARRIERS FOR DBA INSURANCE

At this time the Department of State does not have a mandatory source for DBA insurance. The Labor Department has a list of Authorized Insurance Carriers for DBA http://www.dol.gov/owcp/dlhwc/lscarrier.htm that the contractor may utilize to find a carrier. The DBA insurance requirement remains unchanged, FAR 52.228- 03, Workers’ Compensation Insurance (Defense Base Act) (APR 1984) remains applicable.

H.2 DOSAR 652.237-72 OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE

(FEB 2015) (Reference DOSAR 637.110(c))

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

New Year's Day (U.S. & Colombia) Epiphany (Colombia) Martin Luther King Jr. Day (U.S.)

President’s Day (U.S.)

Palm Sunday (Colombia) St. Joseph’s Day (Colombia) Holy Thursday (Colombia) Good Friday (Colombia) Easter (Colombia) Labor Day (U.S.)

Ascension Day (Colombia) Memorial Day (U.S.)

Corpus Christi Day (Colombia) Feast of the Sacred Heart (Colombia) Feast of Saints Peter and Paul (Colombia) Independence Day (U.S.)

Independence Day (Colombia) Battle of Boyacá (Colombia) Assumption Day (Colombia) Labor Day (U.S.)

Columbus Day (U.S. & Colombia) Veteran’s Day (U.S.)

Cartagena Independence Day (Colombia) All Saint’s Day (Colombia) Thanksgiving (U.S. & Colombia) Feast of the Immaculate Conception (Colombia) Christmas (U.S. & Colombia)

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

(b) When any such holiday falls on a Sunday, it is observed on the following Monday. 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. The Contractor may choose not to work on any of the holidays http://www.dol.gov/owcp/dlhwc/lscarrier.htm designated above. However, no additional time will be added to the contract period of performance for any holidays not worked, as the contract period of performance accounts for holidays.

(c) When the Department of State grants administrative leave to its Government employees, assigned contractor personnel in Government facilities shall also be dismissed. However, the contractor agrees to continue to provide sufficient personnel to perform round-the-clock requirements of critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the contracting officer or his/her duly authorized representative.

(d) For fixed-price contracts, if services are not required or provided because the building is closed due to inclement weather, unanticipated holidays declared by the President, failure of Congress to appropriate funds, or similar reasons, deductions will be computed as follows:

(1) The deduction rate in dollars per day will be equal to the per month contract price divided by 21 days per month.

(2) The deduction rate in dollars per day will be multiplied by the number of days services are not required or provided.

If services are provided for portions of days, appropriate adjustment will be made by the contracting officer to ensure that the contractor is compensated for services provided.

(e) If administrative leave is granted to contractor personnel as a result of conditions stipulated in any “Excusable Delays” clause of this contract, it will be without loss to the contractor. The cost of salaries and wages to the contractor for the period of any such excused absence shall be a reimbursable item of direct cost hereunder for employees whose regular time is normally charged, and a reimbursable item of indirect cost for employees whose time is normally charged indirectly in accordance with the contractors accounting policy.

H.3 INSURANCE

H.3.1 Amount of Insurance.

H.3.1.1 The Contractor shall comply with insurance policies as describe in Attachment J-1-4 Insurance in this solicitation. The titles of the policies are as follows:

1. Performance Policy (Póliza de Responsabilidad Civil Contractual)

2. Payment Policy (Poliza de Pago de Salarios y Prestaciones Sociales)

3. Liability Policy (Poliza de Responsabilidad Civil Contractual)

4. Stability Policy (Poliza de Estabilidad)

5. Elements Quality Policy (Poliza de Calidad de Elementos)

6. Correct Equipment Functining Policy (Poliza de correcto funcionamiento de los equipos).

H.3.1.2 Reserved

H.3.1.3 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.

H.3.2 The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to any property of the Contractor, its officers, agents, servants, and employees, or any other person, arising from and incident to the Contractor’s performance of this contract. The Contractor shall hold harmless and indemnify the Government from any and all claims arising therefrom, except in the instance of gross negligence on the part of the Government.

H.3.3 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.3.4 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.3.5 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.3.6 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.4 RESERVED

H.5 Assignment of Non-U.S. Citizens The contractor shall follow requirements provided in the SOW. For citizens of countries listed below may not be assigned to perform on this contract in any capacity. The USG reserves the right, in its sole discretion, to determine suitability of contractor personnel to work on design, construction and other diplomatic facilities contracts.

• Belarus

• Cuba

• Iran

• North Korea

• Peoples Republic of China, including Hong Kong

• Russia

• Venezuela

• Vietnam

H.5.1 Foreign Subcontractors Contractor selection of host and third country national subcontractors must be approved by DOS/INL. The contractor shall follow requirements provided in Section C-SOW.

H.5.2 Required Information: Potential foreign subcontractors will be required to furnish the following information:

Complete names, nationality, date and place of birth,…