Schedule_B-M_(A001).pdf

SAQMMA17R0127 (A001) Operational Rooms, Colombia

SECTION B – SUPPLIES OR SERVICES AND PRICES

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 TAX AND/OR DUTIES

In addition to the below, see Section G.7 for tax relief procedures.

B.1.2.1 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.

*This section does not address Value Added Tax (VAT) or Impuesto al Valor Agregado (IVA) taxes. See Section B.1.2.2 for information on VAT and IVA.

B.1.2.2 Value Added Tax (VAT) or Impuesto al Valor Agregado (IVA)

The Contractor will not be reimbursed VAT or IVA under this contract by the USG. After contract award, Attachment J‐2‐6 will be finalized. See Section G.7 for additional tax relief procedure information.

B.1.3 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

CLIN Contract Type Quantity Unit Unit Rate / Total (USD) 0001 Operational Room – Diran/

Bogota FFP 1 Lot [insert price]

0002 Operational Room –Neiva FFP 1 Lot [insert price] 1001 (optional service) 1-year CCTV

Maintenance – Bogota FFP 12 Mo* [insert price]

2002 (optional service) 1-year CCTV Maintenance – Neiva

FFP 12 Mo* [insert price]

Grand Total USD [insert price] *Mo=Month

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

B.2.1 CLIN BREAKDOWN

CLIN 0001 and CLIN 0002: Operational Room – Bogota & Neiva

The contractor shall complete all work to construct the Operational Rooms. The project consists of the renovation of a new operational room inside the existing DIRAN Colombian National Police (CNP) Compound in Bogota, Colombia and the construction of a new modular building in Colombian National police (CNP) base in Neiva. All costs associated with this work shall be included in the firm‐fixed prices.

CLIN 1001 and CLIN 1002: Optional Services, 1‐year CCTV Maintenance

Maintenance services for both Bogota (CLIN 1001) and Neiva (CLIN 2002) are optional services to be exercised at the Government’s discretion. The Government is not committed to use of these optional services. Should the Government choose to exercise these options; a modification will be issued to the contract.

See Section “28 23 23.00 10” titled Closed Circuit Television Systems, subsection 3.6, Maintenance and Service in Attachment J‐3‐1 and J‐3‐2. The Contractor shall provide all required services, material and equipment necessary for the work to maintain the entire CCTV system in an operational state as specified for a period of 1‐year after completion of the reliability test. All maintenance and service work should be performed by qualified service personnel (see Section B.1.1). All service related costs, supplies, and equipment shall be included in the firm‐fixed price.

The Government may exercise these options by written notice to the Contractor within 15 days of the final acceptance by the Government. Any preliminary notification of intent provided by the Government does not commit the Government to an extension.

If the Government exercises this option, the extended contract shall be considered to include this option clause.

B.2.2 BILL OF QUANTITIES

A Bill of Quantity (BOQ)/Price Breakdown shall be provided by the Contractor (see Attachment J‐3‐3, Bidding Charts) with their proposal. The resulting contract shall be a Firm Fixed‐Price contract and not a BOQ type contract providing for unit pricing of items and for payment based on quantity surveys. The total price will therefore not be adjusted upwards or downward to reflect work performed as determined by quantity surveys performed.

The Bill of Quantities provided is for reference purposes only. The Contractor is required to verify the quantities and dimensions based on the drawings and specifications provided, and information acquired during the Site Visit. The contract price will not be adjusted due to increased quantities required during performance of the contract.

B.3 CURRENCY

This contract is Firm Fixed‐Price payable entirely in the U.S. Dollars (USD) currency.

SECTION C: DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK (SOW)

C.1 BACKGROUND

The project consists of the renovation of a new operational room inside the existing DIRAN Colombian National Police (CNP) Compound in Bogota, Colombia and the construction of a new modular building in Colombian National police (CNP) base in Neiva, to support the INTERDICITON program. The construction shall include the use of quality materials that are capable of withstanding the tropical rainy climate.

The project includes renovation of existing facilities and the construction of new modular buildings. Also this facility shall have electrical, telecommunications and access control systems and internal installations, doors, locks, air conditioning, and finishes as indicated in the attached drawings (see Attachment J‐3‐4). The building shall comply with the current standards of the Colombian Codes and standards as well as international codes as described in the specifications (see Attachments J‐3‐1 and J‐ 3‐2).

The Contractor shall be responsible for transportation, meals and lodging of the construction team on the work site (away from the project site), or as arranged with the CNP personnel. The Contractor shall have a representative at each work site to receive materials, which shall be responsible for unloading materials and transporting it to the actual work site.

The place where the new building shall be located at the proposed location is shown on the drawings.

Designs and dimensions are likewise shown on the attached drawings. See all J.3 Attachments for technical documents (e.g. specifications and drawings), which are considered part of the SOW.

C.2 GOVERNMENT FURNISHED EQUIPMENT

There is no anticipated Government Furnished Equipment (GFE).

SECTION D: PACKAGING AND MARKING

D.1 MARKING OF REPORTS (11/2008)

All reports delivered by the Contractor to the Government under this contract shall prominently show on the cover of the report:

a) Name and Business address of the Contractor;

b) Contract number and delivery order number, if applicable;

c) Date of report;

d) Program office(s); and

e) Classification, Sensitivity or Handling Instructions.

f) All reports become the property of the Department. Reports shall not contain any markings or legends which will restrict the Department’s use of such reports in any way.

D.2 DEPARTMENT OF STATE MAIL AND COURIER ADDRESS

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.

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

By courier (FedEx, UPS, etc.) or by hand to:

U.S. Department of State Attn: Larry Pruitt, Contracting Officer

A/LM/AQM/IP

SA‐6A, 418

1735 North Lynn Street Arlington, VA 22209

OR for U.S. Postal Delivery

U.S. Department of State Office of Acquisition Management A/LM/AQM/IP – SA‐6A, Suite 400 Attn: Larry Pruitt, Contracting Officer

SA‐6A, 418

1735 North Lynn Street Washington, D.C. 20522‐2008

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

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, are 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:

The Contractor shall provide 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)

SECTION E: INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE

The following clauses are incorporated by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, reference Section I for information on accessing the full text electronically.

FAR 52.246‐2 INSPECTION OF SUPPLIES – FIXED PRICE (AUG 1996)

FAR 52.246‐4 INSPECTION OF SERVICES—FIXED–PRICE (AUG 1996)

FAR 52.246‐12 INSPECTION OF CONSTRUCTION (AUG 1996)

E.2 DEFINITIONS

E.2.1 SUBSTANTIAL COMPLETION

“Substantial Completion” means the stage in the progress of the work as determined and certified by the Contracting Officer (CO) or Contracting Officer’s Representative (COR) in writing to the Contractor.

The substantial completion certification shall speak to 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 substantial completion procedures within section 01 78 00 in the Attachments J‐3‐1 and J‐3‐2).

“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.2.2 FINAL COMPLETION AND ACCEPTANCE

“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.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 (see Section H.10), for each piece of equipment shall be in accordance with the applicable provisions of this contract.

E.4 QUALITY ASSURANCE AND QUALITY CONTROL

E.4.1 CONSTRUCTION QUALITY ASSURANCE AND QUALITY CONTROL

The Contractor shall submit a Quality Assurance and Quality Control plan to the Government prior to the issuance of the NTP. The plan shall, at a minimum, address the following:

Quality Assurance (QA) personnel and their responsibilities

Communications

QA procedures:

o general construction QA procedures o for selection of suppliers and subcontractors o to ensuring compliance with requirements and with codes o for submittal reviews

Inspections and testing

Control of nonconformance’s

The Contractor shall institute an appropriate inspection system set forth in a Quality Assurance and Control Plan. The plan shall include checklists of duties to be carried out, ensuring these duties are carried out by the supervisory staff and senior employees, and carrying out weekly inspections to determine whether the various services are being performed according to the contract.

E.4.1.1 Weekly Inspection Reports

Copies of the weekly inspection reports shall be provided to the COR within seven (7) days of weekly period reviewed.

The weekly report shall also provide a general reporting on the progress of the project, indicating whether or not the work is going according to the proposed schedule; the number of people that worked daily; the activities performed each day; and any problems encountered. The report shall include photos.

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.4.1.2 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. Additionally, a copy of the report shall be submitted to the CO.

E.4.1.3 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.

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

E.4.2 QUALITY ASSURANCE AND QUALITY CONTROL – NON‐CONSTRUCTION SERVICES

NOTE: This section applies to the option maintenance services (identified in Section B.2 as CLIN 1001 and 1002). Should the options not be exercised by the Government, the requirements in this subsection will not apply.

The Contractor shall develop a Quality Assurance Plan that tracks negative trends in performance and safety, as reported by COR, clients, or the recipients of services either direct or indirect. The Contractor will set up a system for collecting complaints. This reporting will be included in a monthly to the COR with the invoice.

The COR will receive and document all complaints regarding the services provided. If appropriate, the COR will send the complaints to the Contractor for corrective action.

E.4.2.1 Inspection

Inspection and acceptance of the services to be provided hereunder shall be made by the Contracting Officer's Representative.

The Contracting Officer's Representative (COR) will monitor contractor performance, advise the contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The contractor, not the Government, is responsible for management and quality control to meet the terms of the contract.

E.5 PROJECT COMMUNICATIONS

The Bureau of International Narcotics and Law Enforcement Affairs (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 by the COR.

E.6 FINAL ACCEPTANCE ‐ CONSTRUCTION

Note: This clause is specifically applicable to the construction requirements of this contract (i.e. CLIN 001 and 0002).

Upon (a) satisfactory completion of all required tests, (b) verification by the COR on the basis of a final inspection that all items listed in the schedule of defects have been completed or corrected and that the work is finally complete, subject to the discovery of defects after final completion, and (c) submittal by the Contractor of all documents including contractor close‐out documents, and other items required upon completion of the work, including a final request for payment, and if the COR is satisfied that the work under the contract is complete and the contract has been fully performed, with the exception of continuing obligations there under, the COR shall issue to the Contractor a notice of final acceptance and process final payment as required by the contract.

SECTION F: DELIVERIES OR PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE

The following clauses are incorporated by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, reference Section I for information on accessing the full text electronically.

FAR 52.211‐13 TIME EXTENSIONS (SEPT 2000)

FAR 52.236‐13 ACCIDENT PREVENTION (NOV 1991)

FAR 52.242‐14 SUSPENSION OF WORK (APR 1984)

FAR 52.242‐17 GOVERNMENT DELAY OF WORK (APR 1984)

F.2 FAR 52.211‐10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR

1984) ALTERNATE I (APR 1984)

The Contractor shall be required to (a) commence work under this contract within fifteen (15) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 126 days from the Construction NTP for the Bogota project, and 123 days from the Construction NTP for the Neiva project.* The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by no later than thirty (30) calendar days from the issuance of the award. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds** within the time specified in the offer.

* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

**For Colombia, in place of bonds, the Contractor shall provide the insurance documented under Section H.1.

F.2.1 EXERCISE OF OPTIONAL CLIN

If exercised, the period of performance for Optional CLIN 1001 and/or 1002 will be for 1‐year beginning after completion of the reliability test.

F.3 PLACE OF PERFORMANCE (11/2008)

The principal place of performance for this contract shall be: Bogota and Neiva, Colombia

F.4 FAR 52.211‐12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of USD $165 for the

Bogota project, and USD $252 for the Neiva project for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

F.5 CONSTRUCTION SCHEDULES

The time for submission of the contractor’s project schedule(s) shall be as required in sections F.5, F.11, and Attachments J‐3‐1 and J‐3‐2 section 01 32 16.00 20, subsection 1.5.

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.

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.5.1 PROJECT EXECUTION SCHEDULE

Project Execution Schedules (PES) 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.5.1.1 Acceptance of Schedule

When the Government has accepted any time schedule, it shall be binding upon the Contractor. The period of performance (as identified within Section F.2) is fixed by the contract, and may be extended only by a written contract modification signed by the Contracting Officer. Acceptance or approval of any schedule or revision thereof by the COR 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.5.1.2 Recording Progress

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

F.5.1.3 Notice of Delay

In the event the Contractor receives a notice of anything that would lead to 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 CO and 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 10 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 CO.

F.5.1.4 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. Additionally, the Contractor shall demonstrate how the approved rate of progress will be regained and shall submit for acceptance a supplementary documentation and schedule(s). Methods may include: increase of any or all of the number of shifts, overtime operations, days of work, and the amount of construction planned. This documentation shall be provided to the CO and COR within 7 days of the notification of delay (see Section F.5.1.3).

F.5.1.5 Schedule Revision and Equitable Adjustments

Upon the written 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 (see Section F.7). 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 may be made in the contract timeline.

F.6 WORKING HOURS

All work shall be performed during Monday through Saturday, except for the applicable holidays identified in Section F.6.1.

The project location availability hours are provided below.

Bogota: Regular working hours are 7:00 a.m. and 6:00 p.m., Monday through Friday, and 7 a.m.

to 12 p.m. on Saturday, excluding Government holidays. Work outside regular working hours requires COR and Telematic's Group (unit of the Colombian National Police) approval.

Neiva: Regular working hours are 7:00 a.m. and 6:00 p.m., Monday through Friday, and 7 a.m. to 12 p.m. on Saturday, excluding Government holidays. Work outside regular working hours requires COR and Base Commander approvals.

Unless otherwise approved by the COR, working hours for Monday through Friday shall be eight (8) hours per day, and five (5) hours on Saturday. The specific working hours (start and finish times) will be determined after 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 written 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.

See DOSAR 652.237‐72, Observance of Legal Holidays and Administrative Leave, found in Section I, for listing of holidays. 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.7 EXCUSABLE DELAYS

The Contractor may be allowed time, not money, for excusable delays as defined in FAR 52.249‐10, Default (Fixed Price Construction). Examples of such cases include (1) acts of God or of the public enemy; (2) acts of the United States Government in either its sovereign or contractual capacity; (3) acts of the government of the host country in its sovereign capacity; (4) acts of another contractor in the performance of a contract with the Government; (5) fires; (6) floods; (7) epidemics; (8) quarantine restrictions; (9) strikes; (10) 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.

If the Contractor contends that its inability to perform is due to poor security conditions, in determining whether the Contractor’s failure to perform is beyond the control and without the fault or negligence of the Contractor 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

The contractor shall furnish the deliverables/submittals listed in the below table, those found in Attachment J‐2‐4 and J‐2‐5 (Deliverables Bogota and Neiva) and as well as all other identified under this contract. 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.

REFERENCE DESCRIPTION DUE DATE SUBMITTED TO

E.4.1 Quality Control Plan Prior to issuance of NTP CO & COR E.4.1.1 Weekly inspection report Weekly COR E.4.1.2 Monthly progress report Monthly CO & COR F.5 Revised project schedule(s) On the last day of the preceding month for the next months’ work

COR

F.5.1.3 Notice of delay Within 10 days of delay CO & COR F.5.1.4 Maintenance of Progress Within 7 days of the notification of delay

CO & COR

F.11 Baseline Project Execution Schedule Within 15 days of award CO & COR H.1.3 Evidence of Insurance Within ten (10) calendar days after contract award

CO

H.4.1 Sensitive Positions Thirty (30) days after contract award

COR

H.4.4 Labor Dispute Immediate notice CO & COR H.4.5 Payment Tables First 7 days of each month COR H.8.2 Health & Safety Plan Within ten (10) days of award COR H.8.2 Subcontractors Prior to issuance of NTP, and prior to performance of any subcontractor

CO

H.8.2 Evidence of licenses and permits Prior to issuance of NTP CO & COR H.21 Notification of Differing Site Conditions Within 7 calendar days and before conditions are disturbed

CO & COR

H.24 Certification of Boundary Markers Before starting construction on a site

COR

H.26 Executive and administrative organization information

Prior to issuance of NTP COR

H.28.2.1 US Subcontractor Notification Reasonably in advance of entering into any subcontract

CO

H.28.2.2 Foreign Subcontractors Reasonably in advance of entering into any subcontract

CO

H.31.1.2.1 Submittal Register Within 15 days of execution of award.

CO

H.31.1.6 Substitutions Before use of substitutions on project

CO & COR

H.31.3.1 Quotations Within 45 days of award. COR H.31.5 Surplus declaration Before final acceptance COR H.33 Hazardous Material notification 5 days before delivery CORs H.34 Special Warranties Not later than with request for inspection for Substantial Completion

CO & COR

H.41 Compliance Plan Certification Annually CO & COR

DOSAR

652.236-70 & J-2-3

Incident reports As incidents occur. No more than 24 hours from the time of the event.

COR

Note that there may be duplications of the above submittal requirements in Specifications attachments (attachments J‐3‐1 and J‐3‐2) of the contract. Where attachments J‐3‐1 and J‐3‐2 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.9 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 CO and/or COR:

A. 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.

B. 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.

C. 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.

D. 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.

E. 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.10 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.11 NOTICES TO PROCEED (NTP)

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 fifteen (15) 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.

The Contractor may be issued more than one NTP for the project. The two categories of NTP are described below. At a minimum, assuming the Contractor provides all required deliverables; a Construction NTP will be issued to the Contractor.

Limited Notice to Proceed (LNTP): The 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. It will also allow the Contractor to initiate limited activities for administrative requirement submissions and any other work identified by the Contracting Officer. Prior to issuance of any LNTP for Construction, the Baseline Project Execution Schedule (BPES) must be submitted.

Construction NTP: Following receipt and acceptance of the required evidence of insurance (see Sections H.1), as well as any other required deliverables, the Contracting Officer will issue to the Contractor a Construction Notice to Proceed (CNTP). The CNTP will authorize the contractor to commence with construction. The performance period will commence on the date the CNTP is issued, unless otherwise specified within the CNTP.

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. The CNTP, however, will not be issued until the Baseline Project Execution schedule is accepted. The Contractor must then prosecute the work required hereunder, commencing and completing performance no later than the time period established in the contract.

F.11.1 DELIVERABLES REQUIRED FOR NTP ISSUANCE

Required deliverables include, but are not limited to, the following:

Submittal Register (see H.31.1.2)

Baseline Project Execution schedule (see Section F.11 and J‐3‐1 and J‐3‐2, Section 01 11 00)

Evidence of insurance, (see Sections H.1, and J‐3‐2, Section 01 11 00)

Evidence of host‐country business license, and other required licenses and permits (see Sections H.8.2)

Personnel list (see J‐3‐1 and J‐3‐2, Section 01 11 00) and executive and administrative organization (see H.26)

Temporary Facilities – drawings (see J‐3‐1 and J‐3‐2, Section 01 11 00)

Health & Safety Plan (see H.8.2, DOSAR 652.236‐70, and J‐3‐1 and J‐3‐2, Section 01 11 00)

Quality Control plan (see E.4.1)

List of Proposed Subcontractors (see H.28.2 and H.8.2)

List of Proposed Products (see H.31.1.2)

See Attachments J‐3‐1 and J‐3‐2, Section 01 11 00 for additional detail on preconstruction submittals.

SECTION G: CONTRACT ADMINISTRATION DATA

G.1 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

Authorized Alternate Contracting Officers:

Christina Black, Contracting Officer

Designated Contracting Officer’s Representative (COR):

Rafael Valderrama

G.1.1 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.1.2 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

Authority: The Contracting Officer shall appoint individuals to act as Contracting Officer's Representatives for general supervision, inspection, testing, and such other purposes as are deemed necessary for this contract. The CORs are designated the authority to act for the Contracting Officer in matter concerning technical clarification and inspection of performance. The COR is authorized to accept the Contractor's performance under the contract, including preparation of receiving reports and the authorization of progress payments when appropriate. The CORs will coordinate all work with the Contractor and review Contractor's performance at significant stages of its development. Alternate CORs may be designated by the Contracting Officer as COR representatives to assist in the discharge of COR responsibilities when the COR is unable to be directly in touch with the contract work.

Limit on Authority: The CORs cannot alter or modify the specifications or contract terms and conditions, or waive the Government's requirements as to price, delivery, or other terms and conditions of the contract. Any changes in these conditions must be authorized in writing, by the Contracting Officer.

However, the COR is the authorized representative of the Contracting Officer as to the interpretation of the contract drawings, specifications, and other contract terms within the COR’s express delegation of authority from the Contracting Officer.

G.1.2.1 DOSAR 652.242‐70 CONTRACTING OFFICER’S REPRESENTATIVE (COR) (AUG 1999)

a) The Contracting Officer may designate in writing one or more Government employees, by name 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.1.

G.2 DOSAR 652.232‐70 PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED‐PRICE) (AUG

1999)

(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.

(b) Payments Schedule. Progress payments are made under this contract. Progress payments are based on percentage or stage of completion. Payments must be commensurate with work accomplished, and meet quality standards established under this contract. See Sections G.4 and FAR 52.232‐5, Payments under Fixed‐Price Construction Contracts, for additional information.

G.3 DEPARTMENT OF STATE INVOICE INSTRUCTIONS (10/2011)

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. Additionally, at the time of submission, a copy of the invoice shall be sent to IP_Contracting_Team@state.gov.

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

(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.4 PROGRESS PAYMENTS

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

G.4.1 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. 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.