SF1442 Contract Award 25C6717.pdf

1301224762

REQUEST FOR PROPOSAL N6274224R6717

Project Title: DBB Multiple Facility & Infrastructure Project, Lombrum Naval Base, Los Negros Island, Papua New Guinea

a. This project is being solicited utilizing Low est Price Technically Acceptable (LPTA) Source Selection procedures. Offers are required to submit both price and technical proposals for this solicitation per instructions w ithin.

b. Part A: Proposal Form and Documents

(1) Section 001000 – Section Form 1442

(2) Section 002100 – Instructions

(3) Section 002200 – Supplementary Instructions

(4) Section 004500 – Representations and Certif ications

(5) Section 007000 – Condition of the Contract

(6) Section 007300 – Supplementary Conditions

c. Standard Form (SF) 1442 Attachments:

(1) Part B: NAVFAC Specifications Work Order

(2) Part C: Draw ings and Attachments

(3) Part D: Exhibits

NITIWATE DISSANONT 662-287-1036 EXT. 121

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

30-Jan-2025

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

X

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________440 calendar days after receiving aw ard, notice to proceed. This performance period is X mandatory, negotiable. (See _________________________

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________28 Oct 2024 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, X is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

N6274225C6717

7. ISSUED BY CODE

NAVFAC ROICC THAILAND (US EMBASSY)

7 SATHORN TAI ROAD

BANGKOK THAILAND 10120

N62742

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

11:00 AM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

N6274224R67170008 22

See Item 7

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE

SAR99

FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

SEE SCHEDULE

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

$16,056,338.00 See Schedule

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE N6873227. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

DEFENSE FINANCE AND ACCOUNTING SERVICE

DFAS-CLEVELAND

PACIFIC ACCOUNTS PAYABLE

PO BOX 998023

CLEVELAND OH 44199

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR

HIMALAYAN BUILDERS AND ENGINEERS PVT. LT

JHANAK D. KHANAL

KATHMANDU METROPOLITAN CITY WARD NO. 11, BABA

KATHMANDU

15. TELEPHONE NO. (Include area code) 977-1-424-1276

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

X 29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract. REF: N6274224R67170008

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print) Rondel G. Williams / Contract Specialist

TEL: 66-2-287-1036 EMAIL: rondel.g.williams.civ@us.navy.mil

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY 30-Jan-2025

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

N6274225C6717

Section 00 10 00 - Solicitation

CONTRACT NOTE

A. Items offered in the contractor’s proposal (e.g., key personnel, subcontractors, materials, etc.) are binding on the contractor and shall be provided for the duration of the contract. Substitutions will require prior Contracting Officer’s approval and shall be equal or better, in the judgment of the Contracting Officer, than the items originally proposed.

B. The offeror agrees to perform the work required by the solicitation issued on July 26, 2024, Amendment 0001 issued on August 25, 2024, Amendment 0002 issued on August 28, 2024, Amendment 0003 issued on August 29, 2024, Amendment 0004 issued on September 4, 2024, Amendment 0005 issued on October 15, 2024, Amendment 0006 issued on October 22, 2024, Amendment 0007 issued on October 24, 2024, and Amendment 0008 issued on October 25, 2024, at the price proposed on October 31, 2024, in the total amount of $16,056,338 that was confirmed on January 27, 2025.

C. Award is made in U.S. Dollar in the total amount of $16,056,338. Option Item 0001 is hereby exercised under this basic contract. Award amount per each CLIN are listed below:

- CLIN 0001 Small Boat & Bosun Facility $9,626,537

- CLIN 0002 Option Item 0001 Training Center $6,429,801

D. Contract Completion Dates (CCD) (FAR 52.211-10), and Liquidated Damages (LD) (FAR 52.211-12) are as follows:

-CLIN0001: CCD is April 15, 2026, and LD - $750 for each calendar day of delay.

-CLIN0002: CCD is April 15, 2026, and LD - $1,230 for each calendar day of delay.

E. Part 2 through 6 were previously provided and hereby made part of this award.

F. The Contracting Officer Representative (COR) for this contract is Supap Sripayungchan, Email:

sripayungchans@state.gov. The Contract Specialist (CS) for this contract is Nitiwate Dissanont, Email:

nitiwate@state.gov.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Project $9,626,537.00 $9,626,537.00 Small Boat & Bosun Facility

FFP

This is a Design-Bid-Build project. The contractor shall provide complete construction of the Small Boat & Bosun Facility (SBBF), located at Lombrum Naval Base, Los Negros Island, Papua New Guinea, as shown in the drawings and described by the specifications, including incidental related work, in accordance with Parts B and C attached herein.

FOB: Destination

PURCHASE REQUEST NUMBER: 1301224762

PSC CD: C1JZ

NET AMT $9,626,537.00

000101 $0.00

FFP

NET AMT $0.00

ACRN AA

CIN: 130122476200002

$9,626,537.00

0002 1 Project $6,429,801.00 $6,429,801.00

EXERCISED

OPTION

Option Item 0001 Training Center

FFP

This is a Design-Bid-Build project. The contractor shall provide complete construction of the Regional Maritime Training Center (RMTC), located at Lombrum Naval Base, Los Negros Island, Papua New Guinea, as shown in the drawings and described by the specifications, including incidental related work, in accordance with Parts B and C attached herein.

FOB: Destination

PSC CD: C1JZ

NET AMT $6,429,801.00

000201 $0.00

FFP

NET AMT $0.00

ACRN AA

CIN: 130122476200001

$6,429,801.00

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 15-APR-2026 1 NAVFAC ROICC THAILAND

SUPAP SRIPAYUNGCHAN

7 SATHORN TAI ROAD

BANGKOK 10120

662-287-1036 EXT. 130

FOB: Destination

N62742

000101 N/A N/A N/A N/A

0002 15-APR-2026 1 NAVFAC ROICC THAILAND

SUPAP SRIPAYUNGCHAN

7 SATHORN TAI ROAD

BANGKOK 10120

662-287-1036 EXT. 130

FOB: Destination

N62742

000201 N/A N/A N/A N/A

Section 00 70 00 - Conditions of the Contract

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 000101 N/A N/A N/A N/A 0002 Destination Government Destination Government 000201 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021 52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-2 Security Requirements MAR 2021 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab Covered Entities

DEC 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.204-30 Federal Acquisition Supply Chain Security Act Orders--

Prohibition.

DEC 2023

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.210-1 Market Research NOV 2021 52.211-15 Defense Priority And Allocation Requirements APR 2008 52.215-2 Audit and Records--Negotiation JUN 2020 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

JUN 2020

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications

NOV 2021

52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-29 Notification Of Visa Denial APR 2015 52.222-50 Combating Trafficking in Persons NOV 2021 52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2024 52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States

MAY 2020

52.226-8 Encouraging Contractor Policies To Ban Text Messaging While Driving

MAY 2024

52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-15 Schedules for Construction Contracts APR 1984 52.236-16 Quantity Surveys APR 1984 52.236-17 Layout of Work APR 1984

52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Products and Commercial

Services

NOV 2024

52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction OCT 2020 52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) (Apr 2012) - Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

JAN 2023

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7004 Display of Hotline Posters JAN 2023 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

MAY 2024

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.205-7000 Provision Of Information To Cooperative Agreement Holders OCT 2024 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements JAN 2023 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7005 Identification Of Expenditures In The United States JUN 2005 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7041 Correspondence in English JUN 1997 252.225-7043 Antiterrorism/Force Protection Policy for Defense

Contractors Outside the United States

JUN 2015

252.225-7048 Export-Controlled Items JUN 2013 252.225-7060 Prohibition on Certain Procurements from the Xinjiang

Uyghur Autonomous Region

JUN 2023

252.227-7002 Readjustment Of Payments SEP 2019 252.227-7022 Government Rights (Unlimited) MAR 1979 252.227-7033 Rights in Shop Drawings APR 1966 252.231-7000 Supplemental Cost Principles DEC 1991

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7001 Contract Drawings, and Specifications AUG 2000 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.246-7003 Notification of Potential Safety Issues JAN 2023 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for

Military Operations

OCT 2010

252.247-7023 Transportation of Supplies by Sea OCT 2024

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

(a) Definitions. As used in this clause--

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the Contract Award Document (SF1442), (b) prosecute the work diligently, and (c) complete the entire work for both Base Bid and Option item ready for use not later than Four Hundred Forty (440) calendar days after Contract Award. The time stated for completion shall include final cleanup of the premises.

CLIN 0001 Small Boat & Bosun Facility - Four Hundred Forty (440)

CLIN 0002 Option Item 0001 Training Center - If any Option Item is awarded/exercised, the contract period of performance will not be extended.

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 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 for each calendar day of delay until the work is completed or accepted.

CLIN 0001 Small Boat & Bosun Facility $750 per day CLIN 0002 Option Item 0001 Training Center $1,230 per day

(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.

52.211-13 TIME EXTENSIONS (SEP 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA--MODIFICATIONS (JUN 2020)

(a) The requirements of paragraphs (b) and (c) of this clause shall--

(1) Become operative only for any modification to this contract involving a pricing adjustment expected to exceed the threshold for submission of certified cost or pricing data in Federal Acquisition Regulation (FAR) 15.403-4(a)(1) on the date of execution of the modification; and

(2) Be limited to such modifications.

(b) Before awarding any subcontract expected to exceed the threshold for submission of certified cost or pricing data in FAR 15.403-4(a)(1), on the date of agreement on price or the date of award, whichever is later; or before pricing any subcontract modification involving a pricing adjustment expected to exceed the threshold for submission of certified cost or pricing data in FAR 15.403-4(a)(1), the Contractor shall require the subcontractor to submit certified cost or pricing data (actually or by specific identification in writing), in accordance with FAR 15.408, Table 15-2 (to include any information reasonably required to explain the subcontractor's estimating process such as the judgmental factors applied and the mathematical or other methods used in the estimate, including those used in projecting from known data, and the nature and amount of any contingencies included in the price), unless an exception under FAR 15.403-1(b) applies. If the threshold for submission of certified cost or pricing data specified in FAR 15.403-4(a)(1) is adjusted for inflation as set forth in FAR 1.109(a), then pursuant to FAR 1.109(d) the changed threshold applies throughout the remaining term of the contract, unless there is a subsequent threshold adjustment.

(c) The Contractor shall require the subcontractor to certify in substantially the form prescribed in FAR 15.406-2 that, to the best of its knowledge and belief, the data submitted under paragraph (b) of this clause were accurate, complete, and current as of the date of agreement on the negotiated price of the subcontract or subcontract modification.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in each subcontract that exceeds the threshold for submission of certified cost or pricing data in FAR 15.403-4 (a)(1) on the date of agreement on price or the date of award, whichever is later.

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option unilaterally by modification to the Contractor within ninety (90) calendar days from contract award for Option Item 0001. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least twelve percent (12%) of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://acquisition.gov/ - or -https://www.acq.osd.mil/dpap/dars/about.html

252.225-7041 CORRESPONDENCE IN ENGLISH (JUNE 1997)

The Contractor shall ensure that all contract correspondence that is addressed to the United States Government is submitted in English or with an English translation.

252.225-7058 POSTAWARD DISCLOSURE OF EMPLOYMENT OF INDIVIDUALS WHO WORK IN THE

PEOPLE'S REPUBLIC OF CHINA (JAN 2023)

(a) Definitions. As used in this clause--

Covered contract means any DoD contract or subcontract with a value in excess of $5 million, not including contracts for commercial products and commercial services.

Covered entity means any corporation, company, limited liability company, limited partnership, business trust, business association, or other similar entity, including any subsidiary thereof, performing work on a covered contract in the People's Republic of China, including by leasing or owning real property used in the performance of the covered contract in the People's Republic of China.

(b) Disclosure requirement.

(1) In accordance with section 855 of the National Defense Authorization Act for Fiscal Year 2022 (Pub. L. 117-81, 10 U.S.C. 4651 note prec.), DoD may not award, extend, or exercise an option on a covered contract with a covered entity unless such covered entity submits each required disclosure of its use of workforce and facilities in the People's Republic of China, if it employs one or more individuals who perform work in the People's Republic of China on a covered contract.

(2) If the Contractor is a covered entity, the Contractor shall disclose for the Government's fiscal years 2023 and 2024, the Contractor's employment of one or more individuals who perform work in the People's Republic of China on any covered contract. The disclosures shall include--

(i) The total number of such individuals who perform work in the People's Republic of China on the covered contracts funded by DoD; and

(ii) A description of the physical presence, including street address or addresses in the People's Republic of China, where work on the covered contract is performed.

(c) Subcontracts. The Contractor shall insert this clause, including this paragraph (c), without alteration other than to identify the appropriate parties, in all subcontracts that meet the definition of a covered contract.

252.229-7001 TAX RELIEF (APR 2020)

(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price:

NAME OF TAX: Not Applicable for this Project, DOD has been unable to obtain VAT waivers for contractors performing in this area. All offers should include VAT as applicable.

RATE (PERCENTAGE): Not Applicable for this Project, DOD has been unable to obtain VAT waivers for contractors performing in this area. All offers should include VAT as applicable.

(b) Invoices submitted in accordance with the terms and conditions of this contract shall be exclusive of all taxes or duties for which relief is available. The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.

(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

NAVCON

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC N68732

Issue By DoDAAC N62742

Admin DoDAAC** N62742/THAI

Inspect By DoDAAC N62742/THAI

Ship To Code N62742/THAI

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) N62742/THAI

Service Acceptor (DoDAAC) N62742/THAI

Accept at Other DoDAAC N/A

LPO DoDAAC N62742/THAI

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

NAVFAC_PAC_WAWF_THAI@us.navy.mil

Mr. Rondel Williams

Contracting Officer

Email: williamsrg@state.gov

Mr. Nitiwate Dissanont

Contract Specialist

Email: nitiwate@state.gov

Ms. Kannikar Pakkhunthot

Admin Associate

Email: Kannikar@state.gov

Mr. Supap Sripayungchan

Contracting Officer’s Representative

Email: sripayungchans@state.gov

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

Mr. Jason Ho

Procurement Analyst

Email: jason.w.ho.civ@us.navy.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

Section 00 73 00 - Supplementary Conditions

PAPERLESS CONTRACTING

The U.S. Navy (hereafter referred to as the Government) intends to administer any contract awarded under this solicitation using paperless contracting methods to the greatest extent practicable. Paperless contracting involves the use of an electronic medium such as the Internet, computer diskettes, CDROM, DVDROM, or electronic mail (email) in place of paper documents to award, solicit, or administer a contract.

In order to facilitate the use of paperless contracting methods, the Contractor shall possess the capability to communicate and exchange authenticated documents with the Government electronically during the contract performance period. Such capability shall include the ability to receive, acknowledge, reply to, and send documents via electronic mail. Additionally, such capability shall not require or be contingent upon any modification or upgrade to existing Government software. The Contractor also agrees to maintain such capability notwithstanding any changes or modifications to existing Government software during the contract performance period so long as the Government provides reasonable notice and any equipment and/or software required to maintain such capability is commercially available.

The Contractor shall utilize the paperless contracting capability described above as directed by the contracting officer during the contract performance period. Documents, which may be required to be exchanged electronically, include, but are not limited to, task orders, modifications, requests for cost proposals, and other routine correspondence. Exceptions to the contracting officer's direction may be granted in unusual circumstances with the prior approval of the contracting officer.

Both the Contractor and the Government agree to share all such technical information as is necessary to facilitate efficient and reliable electronic communications during the period of contract performance. Such information may include such data as e-mail addresses, available software, and mutually agreed procedures, but shall not include any information the disclosure of which would violate any applicable licenses or other agreements. In case of any technical difficulties precluding the use of electronic communications, both the Government and the Contractor agree to work in good faith to resolve any such difficulties.

For informational purposes, the Government anticipates that its contracting personnel will utilize the following computer software programs during the administration of this contract: Microsoft Office (Excel, Word, and Project), Adobe Acrobat, and AutoCAD.

CONTRACTING OFFICER AUTHORITY

1. No person other than the Contracting Officer has authority to bind the Government with respect to this contract.

2. No action or omission of any government employee or representative other than the Contracting Officer shall increase or decrease the scope of this contract or shall otherwise modify the terms and conditions of this contract.

3. In no event shall any of the following be effective or binding on the Government or imputed to the Contracting Officer with respect to this contract:

(a) An understanding or agreement between the Contractor and anyone other than the Contracting Officer;

(b) A purported modification or change order issued by anyone other than the Contracting Officer;

(c) A promise by anyone other than the Contracting Officer to provide additional funding or make payments; or

(d) An order, direction, consent, or permission from anyone other than the Contracting Officer to:

(i) Incur costs in excess of a specified estimated cost, allotment of funds, or other ceiling; or

(ii) Expend hours in excess of a specified level of effort.

4. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract, you shall not proceed with the changes and shall immediately notify the Contracting Officer.

(End of NAVFAC language)

HOST NATION REQUIREMENTS

52.236-7 Permits and Responsibilities. (Nov 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor’s fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

Contractor Licensing and Hiring Requirements Contractors must be duly authorized to operate and conduct business in any host country and must fully comply with all laws, decrees, labor standards, and regulations of the host country during the performance of the contract. The United States has established international agreements with Papua New Guinea that include provisions relating to the procurement of supplies, employment preferences and use of local and U.S. contractors, as well as restrictions on hiring of third country nationals or utilization of third country contractors. Offerors are expected to comply with all controlling international agreements and with the laws of host nations whether the United States Government provides notice of the existence of such requirements. The contractor will not be permitted use of third country personnel or contractors in the performance of this contract without a demonstration that reasonable efforts to employ citizens, nationals, and permanent residents of host nation and the United States, or contractors of the host nation and the United States, have been made and that wages competitive with or higher than those being paid for similar work performed in the host nation by citizens of the host nation or of the United States are being offered.

The contractor shall not employee third country personnel or contractors without written notification of United States approval from the Contracting Officer.

Permit Compliance The United States does not directly hold environmental permits in the host nation. The contractor shall comply with environmental permits held by the host nation for the benefit of a DoD project even if the contractor is not named in the permit. Contractor shall document general procedures and their implementation for compliance with permit conditions, Best Management Practices, and required mitigations. Contractor shall be responsible for any required corrective actions. Contractor shall provide permit compliance and corrective action documentation to the COR and any additional Government and Host Nation representatives as requested by the COR.

Temporary Construction Facilities Physical Appearance Be aware of local sensitivities and cultural values. Temporary facilities and visible components thereof shall be of solid color without visible markings, graphics, and/or text.

Biosecurity for Construction Contracts Invasive species can be purposefully or inadvertently moved with construction equipment, personal protective equipment and hand tools, foot traffic, vehicles and vessels, raw construction materials, and packing materials.

Invasive species can become pests and affect the economy, ecology, and human health. It is critically important to be aware of ways to prevent the movement of invasive species and implement best management practices. The Contractor shall take all practicable measures to prevent introduction or spread of invasive species in association with contract performance, including importation of supplies, equipment or personnel and movement of supplies, equipment, or personnel between locations. At a minimum, all activities shall comply with U.S. and host nation biosecurity laws and regulations, shall include 100 percent inspection of equipment and supplies. If the contract performance results in introduction or spread of invasive species, the contractor shall be responsible for taking appropriate measures, in consultation with appropriate authorities, to contain and prevent contract related spread of such species at no additional cost to the government. In addition, the Contractor shall:

a. Comply with all necessary inspections of raw construction materials, equipment, and vehicles for invasive and pest species prior to entering of the project site and prior to moving equipment offsite. The Contractor is responsible for any cleaning or inspection fees.

b. Non-native invasive species can be inadvertently moved with construction equipment, Personal protective equipment, hand tools, foot traffic, vehicles, vessels, raw construction materials, and packing materials.

c. Conduct vehicle washdown and inspection for soil and other material to prevent the inadvertent movement of invasive species from the project site to other locations. Establish appropriate facilities that comply with all environmental laws and regulations, and promptly take corrective or preventative actions for noncompliance. Include these details in a biosecurity/Hazard Analysis and Critical Control Point (HACCP) plan and environmental briefs.

d. Submit a biosecurity/HACCP Plan, prepared in accordance with USFWS HACCP Manual for all imported equipment and imported construction materials and supplies. The HACCP plan must address, as a minimum, the identification and control of invasive and non-native species in construction equipment and construction materials and supplies.

e. Implement and update the HACCP plan accordingly to reduce the risk of spreading invasive species. The HACCP development team should include at least two members, one member with biological expertise with invasive species and one member from the project team who has a clear understanding of the project activities and requirements. Contractor is responsible for training all personnel on the project specific HACCP requirements once the plan is approved by the Government.

f. The Contractor must compile all supporting documentation (e.g. reports, checklists and logs) required under their HACCP Plan and submit such documents to the Contracting Officer on a monthly basis. Once all HACCP plan activities are complete, bound hardcopies of the plan and all supporting documentation and submit to the Contracting Officer.

ACCOUNTING AND APPROPRIATION DATA

AA: 9740500 1200 320 012190 2D H91270 522016 012190

AMOUNT: $16,056,338.00

ACRN CLIN/SLIN CIN AMOUNT

AA 000101 130122476200002 $9,626,537.00

000201 130122476200001 $6,429,801.00