SAQMMA17R0029_Schedule_B-M_(A006).pdf

Part I - The Schedule

SECTION B

PRICING

SECTION B – PRICING

Note:

Clauses numbered 52.XXX… Are Federal Acquisition Regulation Clauses Clauses numbered DOSAR 652.XXX… Are Department of State Acquisition Regulation Clauses

B.1 PRICING

B.1.1 Contract Type

This is a firm‐fixed price contract. As a firm‐fixed price contract, the contract price includes all labor, materials, overheads, equipment and services necessary to accomplish the construction required by the contract, including applicable customs duties, transportation to the site, storage, premiums for insurance required by the contract (including all attachments), 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.

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. Said changes may only be made via 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.7 52.228-3, Workers’ Compensation Insurance (Defense Base Act) (for DBA Insurance also see Sections/Paragraphs H.1).

B.1.3 Tax and/or Duties

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.

Note that the Contractor will not be reimbursed VAT or IVA under this contract by the USG.

All other taxes should be included in the firm fixed price and not separately reimbursable.

B.1.4 Employee Salary Benefits

The Government shall have no responsibility or liability for payment of any wages or benefits to Contractor's employees. The Government, its agencies, agents, and employees shall not be part of any legal action or obligation regarding these benefits, which may subsequently arise. Where local law requires bonuses, premium overtime rates, specific minimum wage levels, and premium pay for holidays, payments for social security, pensions, severance, sick or health benefits, childcare or any other benefit, the Contractor is responsible for these payments. The Contractor shall submit evidence of compliance with this requirement upon request by the Government. The firm fixed price rates shall include all such costs.

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

CLN Description Unit Price Unit of Issue

QTY Total

001 Construction of Pier in Candelilla de la Mar , Nariño, Colombia

LT 1

002 DBA Insurance (Cost

CLN)

LT 1

TOTAL

B.3 TYPE OF CONTRACT

This contract is Firm Fixed-Price payable entirely in the U.S. Dollar (USD) currency. No additional sums will be payable because of any escalation in the cost of materials, equipment, and 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 because 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

The US Government will not furnish equipment and materials to be incorporation into the work by the contractor.

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

SECTION C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

See J-3-1 Specifications_Pier_Candelilla.pdf

SECTION D

PACKAGING AND MARKING

SECTION D – PACKAGING AND MARKING

Clauses numbered 52.XXX… Are Federal Acquisition Regulation Clauses

D.1 RESERVED

D.2 DEPARTMENT OF STATE MAIL AND COURIER ADDRESS

Unclassified and SBU hand carry deliveries and packages sent via U.S. Mail, Registered or Certified Mail from the contractor to DoS shall be made to 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.

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

D.3 PACKAGING REQUIREMENTS FOR MAIL AND COURIER SHIPMENT OF

DOCUMENTS AND DRAWINGS

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.

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.

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) and 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006), 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

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)

DOSAR 652.247-71 SHIPPING INSTRUCTIONS (FEB 2015)

http://www.marad.dot.gov/offices/cargo/ mailto:cargo.marad@marad.dot.gov

SECTION E

INSPECTION AND ACCEPTANCE

SECTION E – INSPECTION AND ACCEPTANCE

Clauses numbered 52.XXX… Are Federal Acquisition Regulation Clauses

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

E.2 SUBSTANTIAL COMPLETION

Definitions

“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.

“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

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.

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.

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

Definitions

“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.

“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

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.

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.

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.

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

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

E.5.1 Basis of Construction

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

E.5.1.1 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 design documents. The notification shall include the proposed corrective action and effect on contract performance schedule, if any.

E.6 PROJECT COMMUNICATIONS

General – INL may use an accredited a web-based Extranet that enhances the security associated with the exchange of DOS design/construction data, and provides business applications that improve the communication between INL and partner contracting activities.

If utilized details about this web-based Extranet will be provided once selected by INL.

SECTION F

DELIVERIES OR PERFORMANCE

SECTION F – DELIVERIES OR PERFORMANCECLAUSES INCORPORATED BY

REFERENCE

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) 30

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

Project Name Project Duration

Substantial Completion

Final Acceptance Date

Construction of Pier in Candelilla de la Mar , Nariño, Colombia

300 Calendar 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 52.211-12 LIQUIDATED DAMAGES – CONSTRUCTION (SEPT 2000) (Reference 11.503)

Complete blank(s) as follows:

Project Name Amount (per day) Construction of Pier in Candelilla de la Mar , Nariño, Colombia

$295.00

F.3 52.211-13 TIME EXTENSIONS (SEPT 2000) (Reference 11.503)

F.4 52.242-14 SUSPENSION OF WORK (APR 1984) (Reference 42.1305)

F.5 SCHEDULES

CONTRACTOR’S SUBMISSION OF PROJECT EXECUTION SCHEDULES

The time for submission of the schedules shall be as required in J-3-1 Specifications_Pier_Candelilla.pdf.

These schedules shall include the construction, shop drawings, product data, samples and other submittals required by the contract to be submitted for acceptance.

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 because 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.

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 month’s work. The schedule shall sequence work to minimize disruption at the jobsite.

F.6 WORK HOURS

For this project the hours of work should be according to regular work hours in Colombia, this is 40 hours a week and from 8:00H to 17:00H (1 hour of lunch). If other schedule is proposed by the contractor it requires the approval from the COR.

F.7 EXCUSABLE DELAYS

The Contractor will be allowed time, not money, for excusable delays as defined in FAR 52.249-10, Default. 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.

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.

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.8 DELIVERABLES/SUBMITTALS

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

F.9 RESERVED

F.10 PROJECT EXECUTION SCHEDULE

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.

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.

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.

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.

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.

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

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

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.

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.

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.

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.

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.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 because of being ordered to suspend work for such a cause.

F.13 NOTICES TO PROCEED

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.

NTP Construction: Prior to issuance of any NTP for Construction, the Baseline Project Execution Schedule (BPES) must be submitted. Following receipt from the Contractor of evidence of insurance within the time specified in Section/Paragraph H.3 Insurance Requirements, 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.

It is possible that the Contracting Officer may elect to issue the NTP prior to receipt and acceptance or evidence of insurance required hereunder. Issuance of a 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.

The Contractor must then prosecute the work required hereunder, commencing and completing performance no later than the time-period established in section F.1 of the contract.

F.14 PLACE OF PERFORMANCE

The principal place of performance for this contract shall be: Candelilla de la Mar, Nariño, Colombia

SECTION G

CONTRACT ADMINISTRATION DATA

SECTION G – CONTRACT ADMINISTRATION DATA

Clauses numbered 52.XXX… Are Federal Acquisition Regulation Clauses

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]

(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.17).

(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.

(b) The COR will be identified under Section G.11.

G.3 COST LOAD SCHEDULE FOR PROGRESS PAYMENTS

For the progress payments the contractor shall prepare and submit their cost load schedule.

Before the first progress payment under this contract becomes due, the Contractor should prepare and submit their cost load schedule based on the vender price proposal breakdown.

The values in the Cost Load Schedule 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)

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.

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

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

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, the Contracting Officer shall advise the Contractor of the reasons therefore.

G.6 AUTHORITY OF CONTRACTING OFFICER

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

General - The Contractor’s attention is directed to Section I, 52.232-5, “Payments under Fixed-Price Construction Contracts.” The following subsections elaborate upon the information contained therein.

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.

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

The contractor shall furnish a complete signed copy of each invoice to INL, including all supporting documentation.

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.17, the Contracting Officer or COR shall advise the Contractor of the reasons therefore.

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.17) is hereby changed to 30 days.

In addition to the Section G.8 submission, the Contractor shall submit a copy of each invoice electronically to IP_Contracting_Team@state.gov.

G.8 INVOICING

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

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

mailto:IP_Contracting_Team@state.gov

(1) Name and Address of the Contractor

(2) Dun and Brad Street Universal Number System (DUNS)

(3) Date of invoice

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

(5) Remittance Contact Information

(6) Shipping Terms, Ship to Address

(7) Payment Terms

(8) Total Quantity of Items

(9) Total Invoice Amount

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

(11) Order line item number and information (see below instructions) The name and DUNS of the contractor on the invoice must match the information indicated on the order/award for proper payment.

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

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

(2) Line Item Quantity

(3) Line Item Unit Price

(4) Total Line Item Invoicing Amount

(5) Delivery Date

(6) Contract Line Item Number (CLIN)

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

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

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

Additional correspondence should be addressed to:

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

Mailing Address:

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

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

To request Payment Status on a Past Due Invoice contact:

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

Person to Contact: Supervisor, Vendor Claims Email: GFS-ChiefVC@state.gov Phone: 843-202-3881

G.9 CONTRACT PROGRESS PAYMENT

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

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS

Monthly invoices may be submitted for construction services in accordance with Section I.

G.10 TAX RELIEF PROCEDURES

This clause supplements FAR 52.229-6, Taxes – Foreign Fixed-Price Contracts. The prices set forth in this contract are exclusive of all taxes and duties from which the U.S.

Government (USG) is exempt by virtue of agreement between the U.S. Government and Colombia.

The Contractor shall follow the procedures in Section G.10.1 regarding tax relief as provided in the agreement between the U. S. Government and Colombia. The diplomatic tax privilege belongs to the U.S. Government, and applies to taxes and duties payable to Colombia that are directly attributable to contract costs identified in Section G.10.1 as subject to exemption (e.g., taxes or duties levied by Colombia on labor and materials that are applied to or utilized in performance of this contract).

G.10.1 PROCEDURES

The below are based on the current local tax relief agreement between the U.S. Government and Colombia and are subject to change. The following are included in, or are derived from, the agreement negotiated with Colombia and are hereby incorporated into this clause:

Any quotation, invoice or bill to be submitted to the USG/INL Colombia for payment of cost incurred under this construction contract should reflect zero value concerning VAT or IVA (Impuesto al Valor Agregado). Upon contract award, the Office of INL Bogota will issue an exemption letter to the awardee to be presented to the Government of Colombia for any claim that may arise during the performance of this contract. The awardee, not the USG will coordinate directly with the Government of Colombia on any VAT or IVA matter under this contract.

As indicated above, no such costs are allowable under this contract, and thus will not be paid.

Invoices that include VAT will be rejected.

G.11 DESIGNATION OF ADMINISTRATIVE CONTRACTING OFFICE

Written communications regarding the administration of this contract shall make reference to the contract number and modification number (if applicable), and shall be submitted to the CO, COR and alternate points of contact, as delineated herein.

Primary Contracting Officer (CO):

Larry Pruitt Office of Acquisition Management

A/LM/AQM/IP

Pruittla@state.gov

Alternate Contracting Officer (CO):

Christina Black Office of Acquisition Management

A/LM/AQM/IP

BlackCE@state.gov

Designated Contracting Officer’s Representative (COR):

Ivan Morales D.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

SECTION H – SPECIAL CONTRACT REQUIREMENTS

Clauses numbered 52.XXX… Are Federal 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.

The Contractor shall (a) provide, before commencing performance under this contract, such workers’ compensation insurance or security as the Defense Base Act (42 U.S.C.) 1651. Et seq.) requires and (b) continue to maintain it until performance is completed. The Contractor shall insert, in all subcontracts under this contract to which the Defense Base Act applies, a clause similar to this clause (including this sentence) imposing upon those subcontractors this requirement to comply with the Defense Base Act.

The Contractor shall purchase Defense Base Act insurance on an annual basis.

See Section I for clauses which refer to Defense Base Act Insurance.

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 (U.S. Embassy, Colombia) 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.)

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

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 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

Amount of Insurance

The Contractor shall comply with insurance policies as describe in Attachment J-2-3 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 Functioning Policy (Poliza de correcto funcionamiento de los equipos).

H.3.1 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 thirty (30) 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. Should the contract be terminated, the contractor will be liable for those costs as described in FAR 52.249-10, “Default (Fixed-Price Construction) (see Section I)..

H.4. SOCIAL SECURITY

All workers and subcontractors who are employed on the project shall be registered with a Social Security System, which includes an E.P.S. (Health Entity) and an A.R.P. (Labor Risk Administration Company), and the Contractor shall be up to date with the respective payments. The Contractor shall likewise take on responsibility for any damages or prejudices which might result from any and all actions and activities of the Contractor. The Contractor shall submit copies of payment tables during the first seven days of the month to the COR.

H.5 SAFEGUARDING OF INFORMATION

The Contractor and its employees shall exercise utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract which has not been made public, except to the extent necessary to perform their required duties in the performance of the contract requirements or as provided by written authorization of the Contracting Officer. All documents and records (including photographs) generated during the performance of work under this contract shall be for sole use of and shall become the exclusive property of the U.S. Government. No article, book, pamphlet, recording, broadcast, speech, television appearance, film or photograph concerning any aspect of the work performed under this contract shall be published or disseminated through any media, to include company websites, without the prior written authorization of the Contracting Officer. These obligations do not cease upon the expiration or termination of this contract or at any other point in time. The Contract shall include the substance of this provision in all subcontracts hereunder.

The contractor shall notify the Contracting Officer if any legal dispute arises between the…