SGE50016R0107_(Final).pdf

Request for Proposal

Fire Alarm and Mass Notification Upgrade for CDC Botswana in Gaborone and Francistown, Botswana

RFP No. SGE50016R0107

American Consulate General Regional Procurement Support Office (RPSO) Giessener Strasse 30 D-60435 Frankfurt am Main, Germany

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

SGE50016R0107 SEALED BID (IFB)

X NEGOTIATED (RFP)

2. TYPE OF SOLICITATION 3. DATE ISSUED

07/08/2016

RATING

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

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

CODE FRANK

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

FRANKFURT, 60435

GERMANY

7. ISSUED BY

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

FRANKFURT, 60435

GERMANY

8. ADDRESS OFFER TO

9. FOR INFORMATION EMAIL: a. NAME

Wilhelm Fleming

b. TELEPHONE NO. (Include area code)(NO COLLECT CALLS) c. EMAIL flemingwm@state.gov

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

Section A Solicitation, Offer, and Award Section B Supplies or Services and Price/Costs Section C Description/Specifications/Statement of Work Section D Packing and Marking Section E Inspection and Acceptance Section F Deliverables and Performance Section G Contract Administration Data Section H Special Contract Requirements Section I Contract Clauses Section J List of Attachments Section K Representations, Certifications and other Statements of Offerors or Respondents Section L Instructions, Conditions, and Notices to Offerors or Respondents Section M Evaluation factors for Award

11. The Contractor shall begin performance within ___15___ calendar days and complete it within ___100___ calendar days after receiving award, X notice to proceed. This performance period is X mandatory negotiable. ( (See _Section F.1_.)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES," indicate within how many calendar days after award in Item 12b).

X YES NO

12b. CALENDAR DAYS

Sealed offers in original and __1__ copies to perform the work required are due at the place specified in item 8 by __14:00:00__ (hour) local time __08/08/2016 __ (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

a.

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

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

d.

Offers providing less than __90__ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

13. ADDITIONAL SOLICITATION REQUIREMENTS:

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA - FAR (48 CFR) 53.236-1(e)

SGE50016R0107

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

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

CONTACT: DUNS:

CODE FACILITY CODE

The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within __90__ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

17.

AMOUNTS

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)

20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified) G.2

ITEM

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

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY FRANK

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

FRANKFURT, 60435

GERMANY

AMERICAN EMBASSY GABORONE

P O BOX 90

ATTN: FMC

GABORONE

BOTSWANA

27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return __________ copies to issuing office) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No futher contractual document is necessary.

30a.NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

Tandra Jones 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 4-85) BACK

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs B.1 Services B.2 Type of Contract B.3 Contract Price

B.4. VALUE ADDED TAX (VAT)

B.5 DEFENSE BASE ACT (DBA) INSURANCE

B.6 COST OF MATERIALS / EQUIPMENT

B.7 BILL OF QUANTITIES

B.8 DEFINITION AND ABBREVIATIONS

C Descriptions/Specifications/Statement of Work

C.1 INTRODUCTION

C.2 GENERAL REQUIREMENTS

C.3 CONTRACT ADMINISTRATION

C.4 RESPONSIBILITIES OF THE CONSTRUCTION CONTRACTOR

C.5 CRITERIA

C.6 SPECIFICATIONS / STATEMENT OF WORK

C.7. DRAWINGS

D Packaging and Marking D.1 Duty-Free Clearance

E Inspection and Acceptance 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2015) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.232-27 Prompt Payment for Construction Contracts (May 2014) 52.246-12 Inspection of Construction (Aug 1996) 52.252-2 Clauses Incorporated by Reference (Feb 1998)

E.1 SUBSTANTIAL COMPLETION

E.2 FINAL COMPLETION AND ACCEPTANCE

E.3 USE OF EQUIPMENT BY THE GOVERNMENT

E.4 QUALITY ASSURANCE

F Deliveries or Performance 52.242-14 Suspension of Work (Apr 1984) 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) 52.211-12 Liquidated Damages - Construction (Sept 2000)

F.1 ADDENDUM TO: 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK (APR 1984)

F.2 DELIVERABLES

F.3 Schedules and Reports

F.4 EXCUSABLE DELAYS

F.5 NOTICE TO PROCEED

F.6 PRE-PERFORMANCE / PRE-CONSTRUCTION CONFERENCE

F.7 WORKING HOURS

F.8 NOTICE OF DELAY

F.9 ASSESSMENT AND APPORTIONMENT OF LIQUIDATED DAMAGES

G Contract Administration Data

652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)

G.1 Authority of Contracting Officer G.2 Payment G.3 Payment to subcontractors G.4 Additional Payment information

H Special Contract Requirements H.01 Performance and Payment Bonds and Alternative Payment Protection for Construction Contracts

H.02 INSURANCE

H.03 OWNERSHIP AND USE OF DOCUMENTS

H.04 DOCUMENT SECURITY

H.05 GOVERNING LAW

H.06 LANGUAGE PROFICIENCY

H.07 LAWS AND REGULATIONS

H.08 RESPONSIBILITY OF CONTRACTOR

H.09 CONSTRUCTION OPERATIONS

H.10 SAFETY

H.11 SUBCONTRACTORS AND SUPPLIERS

H.12 CONTRACTOR PERSONNEL

H.13 MATERIALS AND EQUIPMENT

H.14 IMPORTED MATERIALS, EQUIPMENT, AND PERSONNEL

H.15 SPECIAL WARRANTIES

H.16 EQUITABLE ADJUSTMENTS

H.17 NONCOMPLIANCE WITH CONTRACT REQUIREMENTS

H.18 ASSIGNMENT

H.19 ASBESTOS-CONTAINING MATERIALS RESTRICTION

H.20 DEFINITIONS

I Contract Clauses 52.202-1 Definitions (Nov 2013) 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 (Sept 2006) 52.203-7 Anti-Kickback Procedures (May 2014) 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 (Oct 2010) 52.203-13 Contractor Code of Business Ethics and Conduct (Oct 2015) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014) 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 (Oct 2015) 52.204-14 Service Contract Reporting Requirements (Jan 2014) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) 52.211-12 Liquidated Damages - Construction (Sept 2000) 52.215-2 Audit and Records - Negotiation (Oct 2010) 52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997) 52.215-19 Notification of Ownership Changes (Oct 1997) 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data - Modifications (Oct 2010) 52.216-7 Allowable Cost and Payment (Jun 2013) 52.222-1 Notice to the Government of Labor Disputes (Feb 1997) 52.222-19 Child Labor--Cooperation with Authorities and Remedies (Feb 2016) 52.222-50 Combating Trafficking in Persons (Mar 2015) 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving (Aug 2011) 52.225-5 Trade Agreements (Feb 2016) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) 52.228-2 Additional Bond Security (Oct 1997) 52.228-3 Workers' Compensation Insurance (Defense Base Act) (July 2014) 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas (Apr 1984) 52.228-11 Pledges of Assets (Jan 2012) 52.228-13 Alternative Payment Protections (July 2000) 52.228-14 Irrevocable Letter of Credit (Nov 2014) 52.228-15 Performance and Payment Bonds - Construction (Oct 2010) 52.229-6 Taxes - Foreign Fixed-Price Contracts (Feb 2013) 52.232-17 Interest (May 2014) 52.232-24 Prohibition of Assignment of Claims (May 2014) 52.232-27 Prompt Payment for Construction Contracts (May 2014) 52.232-33 Payment by Electronic Funds Transfer - System for Award Management (Jul 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)

52.236-8 Other Contracts (Apr 1984) 52.242-13 Bankruptcy (July 1995) 52.244-6 Subcontracts for Commercial Items (June 2016) 52.245-1 Government Property (Apr 2012) 52.245-9 Use and Charges (Apr 2012) 52.248-3 Value Engineering--Construction (Oct 2015)

652.229-71 PERSONAL PROPERTY DISPOSITION AT POSTS ABROAD (AUG 1999)

652.236-70 ACCIDENT PREVENTION (APR 2004)

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

652.243-70 NOTICES (AUG 1999)

52.225-14 Inconsistency Between English Version and Translation of Contract (Feb 2000) 52.228-5 Insurance - Work on a Government Installation (Jan 1997) 52.232-5 Payments under Fixed-Price Construction Contracts (May 2014) 52.236-1 Performance of Work by the Contractor (Apr 1984) 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) 52.236-9 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) 52.236-14 Availability and Use of Utility Services (Apr 1984) 52.236-15 Schedules for Construction Contracts (Apr 1984) 52.236-21 Specifications and Drawings for Construction (Feb 1997) 52.236-26 Preconstruction Conference (Feb 1995) 52.242-14 Suspension of Work (Apr 1984) 52.243-4 Changes (June 2007) 52.243-5 Changes and Changed Conditions (Apr 1984) 52.246-21 Warranty of Construction (Mar 1994) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012) 52.249-10 Default (Fixed-Price Construction) (Apr 1984) 52.249-14 Excusable Delays (Apr 1984) 52.252-2 Clauses Incorporated by Reference (Feb 1998) 652.225-71 SECTION 8(a) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED

(AUG 1999)

652.229-70 EXCISE TAX EXEMPTION STATEMENT FOR CONTRACTORS WITHIN THE

UNITED STATES (JUL 1988)

J List of Attachments J.1 Bill of Quantities, Drawings and Statement of Work

K Representations, Certifications, and Other Statements of Offerors or Respondents 652.209-79 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Criminal Conviction under any Federal Law. (DEVIATION)(Sept 2014) 52.203-2 Certificate Of Independent Price Determination (Apr 1985) 52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions (Sept 2007) 52.204-3 Taxpayer Identification (Oct 1998) 52.204-8 Annual Representations and Certifications (Apr 2016) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation (Nov 2015) 52.209-5 Certification Regarding Responsibility Matters (Oct 2015) 52.209-7 Information Regarding Responsibility Matters (Jul 2013) 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Mar 2015) 52.225-18 Place of Manufacture (Mar 2015) 52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan - Certification (Aug 2009) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications (Oct 2015) 52.236-28 Preparation of Proposals - Construction (Oct 1997)

652.225-70 ARAB LEAGUE BOYCOTT OF ISRAEL (AUG 1999)

652.228-70 DEFENSE BASE ACT - COVERED CONTRACTOR EMPLOYEES (FEB 2015)

K.1 AUTHORIZED CONTRACT ADMINISTRATOR

K.2 CONTRACTOR RECRUITMENT OF THIRD COUNTRY NATIONALS (TCNs)

K.3 SUBMITTAL OF ELECTRONIC PROPOSALS

K.4 CERTIFICATION (05/95)

L Instructions, Conditions, and Notices to Offerors and Respondents 52.204-16 Commercial and Government Entity Code Maintenance (Jul 2015) 52.214-34 Submission of Offers in the English Language (Apr 1991) 52.215-1 Instructions to Offerors - Competitive Acquisition (Jan 2004) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.204-7 System for Award Management (Jul 2013) 52.216-1 Type of Contract (Apr 1984) 52.233-2 Service of Protest (Sept 2006)

652.206-70 ADVOCATE FOR COMPETITION/OMBUDSMAN (FEB 2015)

L.1 QUALIFICATIONS OF OFFERORS

L.2 REVIEW OF DOCUMENTS

L.3 SUBMISSION OF OFFERS

L.4 MAGNITUDE OF CONSTRUCTION PROJECT

L.5 FINANCIAL STATEMENT

L.6 JOINT VENTURE AGREEMENTS:

L.7 FAR 52.236-27 - SITE VISIT (FEB 1995) ALTERNATE I (FEB 1995) (MODIFIED)

L.8 PROPOSAL DUE DATE

M Evaluation Factors for Award 52.225-17 Evaluation of Foreign Currency Offers (Feb 2000)

M.1 EVALUATION OF PROPOSALS

M.2 AWARD WITHOUT DISCUSSIONS

M.3 SEPARATE CHARGES

Please note that this page (completed by the offeror) will be replaced with a computer generated page showing the amounts of the proposal and fiscal data.

001 Installation and Upgrade of Fire Alarm and Mass Notification System at Gaborone West Extension 12

1.00 LS

Doc Ref No:

Delivery

Date

FOB:

002 Installation and Upgrade of Fire Alarm and Mass Notification System at Gaborone West Plot 14818

1.00 LS

Doc Ref No:

Delivery

Date

FOB:

003 Installation and Upgrade of Fire Alarm and Mass Notification System at Francistown

1.00 LS

Doc Ref No:

Delivery

Date

FOB:

004 Value Added Tax (if applicable) 1.00 LS Doc Ref No:

Delivery Date

FOB:

005 Defense Base Act Insurance (if applicable) 0.00 LT Doc Ref No:

Delivery Date

FOB:

TOTAL COST (incl. vat): _______________________

CURRENCY USED IN THE OFFER: ________________

B.1 Services

The Contractor shall provide all materials, equipment, labor, and construction services for the upgrade of the fire alarm and mass notification system in Francistown and Gaborone, Botswana, in accordance with the Project Scope referenced in Section C.1 and all other documents incorporated into this contract. The contractor is to perform the services in accordance with the terms and conditions of this solicitation, and in strict conformance with the contract clauses and any special conditions contained herein.

B.2 Type of Contract

This is a firm fixed-price construction contract payable entirely in the currency indicated by the Contractor in Sub-Section B.3. No additional sums will be payable on account of any escalation in the cost of materials, equipment 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 the 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 Govern-

SGE50016R0107

Line Item Summary

Solicitation Number:

SGE50016R0107

Contract Number: Title: BW-CDC Fire alarm & mass not. Francist. & Gaborone

Date of Solicitation:

07/08/2016

Line Item No. Description Quantity Unit Unit Price Total Cost ment (see Sub-Section F.4, Excusable Delays) as determined and approved by the Contracting Officer.

B.3 Contract Price

The Contractor shall complete all work, including furnishing all labor, material, equipment and services, unless otherwise specified herein, required under this contract for the firm fixed-price indicated below and within the time specified herein. This price shall include all labor, materials, and profit. Any costs not priced will be con-sidered to be included in the overhead and other indirect costs.

• If applicable, the contractor shall also include separate pricing information for Value Added tax. This item shall be separate reimbursable item (See Section B.4).

• If applicable, the contractor shall also include separate pricing information for insurance required by FAR 52.228-4, Workers’ Compensation and War-Hazard Insurance. This item shall be separate reimbursable item (See Section B.5).

Any costs not priced will be considered to be included in the overhead and other indirect costs.

B.4. VALUE ADDED TAX (VAT)

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

B.5 DEFENSE BASE ACT (DBA) INSURANCE

The net prices in the contract shall include Defense Base Act (DBA) Insurance if applicable. New policies can be purchased directly from any Department of Labor (DOL) approved insurance carrier. A list of approved pro-viders can be found at the Department of Labor website: http://www.dol.gov/owcp/dlhwc/lscarrier.htm

B.6 COST OF MATERIALS / EQUIPMENT

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

B.7 BILL OF QUANTITIES

Bill of Quantities (BOQ’s)/ Price Breakdown is provided for information purposes only (see Section J). The contract resulting from this solicitation 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. It is a requirement for offeror’s to provide a breakdown of proposal by completing the BOQ. The BOQ is for in-formation purposes only and shall be adjusted as desired to correspond with the offeror’s Firm Fixed Price.

The Bill of Quantities provided is for reference purposes only. The contractor is required to verify the quantit-ies 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.8 DEFINITION AND ABBREVIATIONS

In this contract, the terms Contractor, Design-Build Contractor, Architect, Architect/Engineer (A/E) or General Contractor are used interchangeably unless the context indicates otherwise. Each term shall mean the Contract-or identified in Item 14 on page 1b of the Standard Form 1442 of this contract.

CLIN Contract Line Item Number QTY Quantity NET PRICE Contract Amount without Value Added Tax, Employee Tax or DBA CO Contracting Officer COR Contracting Officer’s Representative SOW Statement of Work ILOC Irrevocable Letter of Credit FAR Federal Acquisition Regulation DOSAR Department of State Acquisition Regulation JB Job LT Lot

Section C- Descriptions/Specifications/Statement of Work

C.1 INTRODUCTION

The scope of work will require the successful Contractor to upgrade the current fire detection/notification sys-tem within each CDC-occupied building in Gaborone and Francistown, while providing connectivity and com-munication to other CDC-occupied buildings within the campus. In addition, the project will include the install-ation of a new mass notification system. The Contractor shall partner closely with a US Government represent-ative designated as COR.

C.2 GENERAL REQUIREMENTS

2.1. The Contractor shall provide the CDC with all necessary construction services for the implementation of this project.

2.2. The Contractor shall prepare reports, specifications, calculations, bill of materials, quality control plan, schedules, and verify construction costs.

2.3. The Contractor shall maintain continuous usage of existing systems during construction and shall perform testing/commissioning as the new system is completed.

C.3 CONTRACT ADMINISTRATION

3.1. The Contractor shall NOT conduct any work that is beyond this Statement of Work unless directed in writ-ing by the CO. Any work done by the Contractor beyond this SOW without direction from the CO will be at the Contractor’s own risk and at no cost to the Government. Restoration, if required as determined by the COR shall also be at the Contractor’s expense.

3.2. The Contracting Officer shall provide a Notice to Proceed [NTP] to the Contractor. No work shall be initi-ated until the CO issues the NTP.

3.3. The COR’s review, approval, or acceptance of, nor payment for the services required under this contract shall be construed as a waiver of any rights under this contract for any course of action against the Contractor arising out of the performance of this contract.

C.4 RESPONSIBILITIES OF THE CONSTRUCTION CONTRACTOR

The Contractor is solely responsible for providing complete construction services, contract coordination and su-pervision necessary to meet the requirements of this contract within the established schedules.

The order of precedence of requirements is identified below, from highest to lowest precedence relative to Sec-tion C, Statement of Work only:

1. International Building Codes

2. Lighting & Electrical Design Specifications

3. Construction Documents

4. Other Contract Attachments

C.5 CRITERIA

The Contractor shall construct the Project in accordance with International Building codes.

C.6 SPECIFICATIONS / STATEMENT OF WORK

The project specifications are provided as attachments hereto. All other documents are listed in Section J. Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the order outlined below:

FAR 52.215-8 Order of Precedence—uniform Contract Format (Oct 1997) Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) The Schedule (excluding the specifications).

(b) Representations and other instructions.

(c) Contract clauses.

(d) Other documents, exhibits, and attachments.

(e) The specifications.

C.7. DRAWINGS

The drawings for the fire alarm and mass notification systems are included in the three specification packages and provided as attachments thereto (see Section J).

The contractor shall not rely on the building layouts or the BOQs and shall verify measures during the site visit.

A site visit is strongly recommended to validate estimated BOQs provided which are not to be relied on but are only provided as a reference to the requirement.

Section D- Packaging and Marking

D.1 Duty-Free Clearance

In accordance with the procedure described in Section H.16.1 (b) Duty-free clearance, all shipping containers or otherwise, shall be labeled as follows:

American Ambassador American Embassy Attn. Customs and Shipping / For Project SGE50016C [ + the 4 digit number of the resulting contract] CDC Botswana, Fire Alarm and Mass Nofification System, Francistown and Gaborone Embassy Enclave (Off Khama Crescent) Gaborone Botswana

All containers / Items shall be marked as “Diplomatic Cargo”.

To obtain a free entry for the goods the contractor shall provide the COR with the following documentation 20 days prior to the arrival of goods:

• Detailed description of goods

• Approximate weight

• Number of crates

• Approximate value of goods

• Mode of shipment

The contractor shall provide 20 calendar days Customs Advance Notice to the US Embassies shipping office The contractors should estimate a minimum of twenty (20) business days for custom clearances and delivery.

Should the contractor fail to provide any required paperwork for the custom clearance process to the US Em-bassy in Gaborone shipping office and the custom clearances procedure is delayed the contractor shall be re-quired to pay any additional costs occurred (storage fees)

Section E- Inspection and Acceptance

Clause Title

52.204-18 Commercial and Government Entity Code Maintenance (Jul 2015)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

52.232-27 Prompt Payment for Construction Contracts (May 2014)

52.246-12 Inspection of Construction (Aug 1996)

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 giv-en 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):

http://acquisition.gov/far/index.html http://farsite.hill.af.mil/vffara.htm [Insert one or more Internet addresses]

(End of clause)

E.1 SUBSTANTIAL COMPLETION

E.1.1. Definitions

(a) "Substantial Completion" means the stage in the progress of the work as determined and certified by the COR in writing to the Contractor, on which the work or a portion thereof designated by the Government is suf-ficiently 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, adjust-ments, 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.

(b) The "date of substantial completion" means the date determined by the COR as of which substantial com-pletion of the work has been achieved.

E.1.2. Request for Substantial Completion Inspection The Contractor shall give the COR at least 15 days advance written notice of the date the work will be substan-tially completed and ready for inspection and tests. The inspection and tests will be started not later than the date specified in the aforesaid notice unless the COR determines that the work is not ready for inspection and so informs the Contractor.

E.1.3. Use and Possession upon Substantial Completion The Government shall have the right to take possession of and use the work upon substantial completion there-

of. Upon notice by the Contractor that the work is substantially complete and verification thereof on the basis of an inspection by the COR and any required tests, the COR shall furnish the Contractor a Certificate of Substan-tial Completion, accompanied by the Schedule of Defects enumerating items of work remaining to be per-formed, completed or corrected before final completion and acceptance. However, failure of the COR to list any item of work shall not relieve the Contractor of responsibility for complying with the terms of the contract.

The Government's possession or use upon substantial completion shall not be deemed an acceptance of any work under the contract.

E.2 FINAL COMPLETION AND ACCEPTANCE

E.2.1 Definitions

(a) "Final completion and acceptance" means the stage in the progress of the work as determined by the COR and confirmed in writing to the Contractor, on which all work required under the contract has been completed in a satisfactory manner in accordance with the requirements thereof, subject to the discovery of defects after final completion, and except for items specifically excluded in the notice of final acceptance.

(b) The "date of final completion and acceptance" means the date determined by the COR as of which final completion of the work has been achieved, as indicated by written notice to the Contractor.

E.2.2. Request for Final Inspection and Tests The Contractor shall give the COR at least 15 days advance written notice of the date the work will be fully completed and ready for final inspection and tests. Final inspection and tests will be started not later than the date specified in the aforesaid notice unless the COR determines that the work is not ready for final inspection and so informs the Contractor.

E.2.3. Final Acceptance Upon (a) satisfactory completion of all required tests, (b) verification by the COR on the basis of a final inspec-tion 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, in-cluding a final request for payment, and 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 make final payment as required by the contract.

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 equip-ment as is necessary for heating or cooling of such Government-operated facilities as require the service for op-erational reasons, 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 war-ranty or correction obligations elsewhere provided for in this contract. The applicable correction period, else-where provided for in this contract, for each piece of equipment shall be in accordance with the applicable pro-visions of this contract.

E.4 QUALITY ASSURANCE

The Contractor shall institute an appropriate inspection system set forth in a Quality Assurance 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. The Contractor shall provide copies of the weekly inspection reports to the

COR.

The Contractor shall correct and improve promptly any shortcomings and substandard conditions noted during inspections. The Contractor shall bring any conditions beyond the responsibility of the Contractor to the atten-tion of the Contracting Officer or COR.

E.4.1 MONTHLY REPORT: The Contractor shall submit to the COR a monthly progress report, along with the monthly invoice, summing up observations resulting from the inspections, progress, difficulties or irregular-ities encountered, resolution of problems, measures taken to improve conditions, recommendations, and other matters related to this contract.

E.4.2 INSPECTION BY GOVERNMENT: The COR, or his/her authorized representatives, will inspect from time to time the services being performed and the supplies furnished to determine whether work is being per-formed 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 con-tract, which may be required by the Contracting Officer as a result of such inspection.

Section F- Deliveries or Performance

Clause Title

52.242-14 Suspension of Work (Apr 1984)

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 giv-en 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):

http://acquisition.gov/far/index.html http://farsite.hill.af.mil/vffara.htm [Insert one or more Internet addresses]

(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 15 calendar days after the date the Contractor re-ceives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 75 calen-dar days.* The time stated for completion shall include final cleanup of the premises.

(End of clause)

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

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 US $120.00 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 com-pleted. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

F.1 ADDENDUM TO: 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

If the construction period falls within the workers holidays, the US Government will include an additional forty-five (45) calendar days for the workers holidays (December - January) increasing the performance period to 110 calendar days if required. The time stated for construction includes the time for final cleanup of the premises, completion of punch-list items and all other items and deliverables specified under the contract.

F.2 DELIVERABLES

The following items shall be delivered under this contract:

Description Quantity Delivery Date Deliver To:

H.1. and H.2 Bonds Insurance 1 15 days after award CO H.10. Safety Plan 1 15 days after award COR E.4. Quality Assurance Plan 1 15 days after award COR F.3.1. Construction Schedule 1 15 days after award COR H.13.1. Submittal Register 1 15 days after award COR F.6. Pre-Construction Confer-ence

1 15 days after award COR

H.12. Biographic Data on Per-sonnel

1 15 days after award COR

E.4. Inspection Reports 1 3 days after end of weekly period COR

G.3.2 Payment Request 1 Last day of each month COR E.3.1. Monthly Progress Report 1 7th day of the following month COR F.3.1. Updates to Construction Schedule

1 Last day of each month COR

E.1.2. Request for Substantial Completion

1 15 days before inspection COR

H.3.4. As-built Drawings and Warranties

1 Within 30 days after final com-pletion but before final accept-ance

COR

E.2.2. Request for Final Accept-ance

1 15 days before inspection COR

F.8. Notice of Delay 1 Within 10 days after event CO F.7 Additional Hours 1 No later than 48 hours in ad-vance of need

COR

H.2. Evidence of Insurance 1 15 days after award CO H.16.2 Differing Site Condition 1 Within 10 days of occurrence CO

F.3 Schedules and Reports

4 .1 CONTRACTOR'S SUBMISSION OF CONSTRUCTION SCHEDULES

(a) The time for submission of the schedules referenced in Section I, 52.236-15, "Schedules for Construction Contracts", para-graph (a), is hereby modified to reflect the due date for submission “within 15 days after contract award".

(b) These schedules shall include the time by which shop drawings, product data, samples and other submittals required by the contract shall be submitted for approval.

(c) The Contractor shall revise such schedules (1) to account for the actual progress of the work, (2) to reflect approved adjust-ments 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 a schedule, which sequences work to minimize dis-ruption at the job-site.

(d) 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 for delay by the Government in approving such deliverables if the Contractor has failed to act promptly and responsively in submitting its deliver-ables. Each deliverable shall be identified as required by the contract.

4.2 MONTHLY PROGRESS REPORT

Monthly progress reports shall be submitted by the last calendar day of each month during this contract. Reports shall be in letter format and contain information relevant to this project, including, but not limited to, accomplishments during the previous month, an-ticipated accomplishments for the next month, arising or occurring problems and possible or proposed solutions, questions that require answers or directions from the Post, any pending Government review comments regarding the Contractor’s submittals, any proposed change orders that have not been executed, and any other pertinent information required to report the progress of performance under this contract.

4.3 ACCEPTANCE OF SCHEDULE

When the Government has accepted any time schedule, it shall be binding upon the Contractor. The completion date is fixed and may be extended only by a written contract modification signed by the Contracting Officer. Acceptance or approval of any schedule or re-vision thereof by the Government shall not (1) extend the completion date or obligate the Government to do so, (2) constitute accept-ance or approval 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 by the established completion date.

F.4 EXCUSABLE DELAYS

The Contractor will be allowed time, not money, for excusable delays. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause, if –

(1) The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include –

(i) Acts of God or of the public enemy,

(ii) Acts of the Government in either its sovereign or contractual capacity,

(iii) Acts of another Contractor in the performance of a contract with the Government,

(iv) Fires,

(v) Floods,

(vi) Epidemics,

(vii) Quarantine restrictions,

(viii) Strikes,

(ix) Freight embargoes,

(x) Unusually severe weather, or

(xi) Delays of subcontractors or suppliers at any tier arising from unforeseeable causes beyond the control and without the fault or negligence of both the Contractor and the subcontractors or suppliers; and

(2) The Contractor, within 10 days from the beginning of any delay (unless extended by the Contracting Officer), notifies the Con-tracting Officer in writing of the causes of delay. The Contracting Officer shall ascertain the facts and the extent of delay. If, in the judgment of the Contracting Officer, the findings of fact warrant such action, the time for completing the work shall be extended. The findings of the Contracting Officer shall be final and conclusive on the parties, but subject to appeal under the Disputes clause.

F.5 NOTICE TO PROCEED

(a) Upon award of the contract, the Contracting Officer may provide to the Contractor a Limited Notice to Pro-ceed (LNTP) which shall allow the contractor to commence with planning, initiate limited mobilization work activities, including submissions, establishment of site offices and lay-down areas.

(b) After receiving and accepting any bonds (or Bank Guaranties) or evidence of insurance, the Contracting Of-ficer will issue the Contractor a Notice to Proceed. The Contractor shall then prosecute the work commencing and completing performance not later than the time period established in the contract.

(c) It is possible that the Contracting Officer may elect to issue the Notice to Proceed before receipt and accept-ance of any bonds (or Bank Guaranties). Issuance fo a Notice to Proceed by the Government before receipt of the required bonds or policies shall neo be a waiver of the requirement to furnish these documents.

F.6 PRE-PERFORMANCE / PRE-CONSTRUCTION CONFERENCE

A pre-construction conference may be held after contract award or upon submittal of the first deliverables to the COR to schedule, submittals, notice to proceed, mobilization, and other important issues that affect construction progress.

F.7 WORKING HOURS

All work must be staged, in accordance with the instruction the Contractor receives from the COR, as all departments will remain in full operation during the construction period. Normal working are between 08:00 - 17:00 hours local time, Monday through Fri-day except for the local and US holidays. The Contracting Officer’s Representative, if requested by the Contractor, may approve oth-er hours. The Contractor shall give 48 hours in advance to COR who will consider any deviation from the hours identified above.

Changes in work hours will not be a cause for a price increase.

(a) In addition to the recognized local public holidays, the Department of State observes the American holidays and local holidays, a curent competehensive list shall be funrnshed upon requst.

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

New Year's Day Martin Luther King's Birthday Washington’s Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

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

When any such day falls on a Saturday, the preceding Friday is observed; when any such day falls on a Sunday, the following Monday is observed. Observance of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract. If the Contractor's personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized pursuant to an overtime clause else-where in this contract.

F.8 NOTICE OF DELAY

In the event the Contractor receives a notice of any change in the work, or if any other conditions arise which are likely to cause or are actually causing delays which the Contractor believes may result in completion of the project after the completion date, the Contractor shall notify the Contracting Officer of the effect, if any, of such change or other conditions upon the approved schedule, and shall state in what respects, if any, the relevant schedule or the completion date should be revised. Such notice shall be given promptly and not more than ten (10) days following the first occurrence of event giving rise to the delay or prospective delay. Revisions to the approved time schedule shall only be made with the approval of the Contracting Officer.

F.9 ASSESSMENT AND APPORTIONMENT OF LIQUIDATED DAMAGES

Liquidated damages will be assessed from the completion date indicated in the contract or extensions thereof to the date of substantial completion as actually achieved by the Contractor, as determined by the Contracting Of-ficer.

Section G- Contract Administration Data

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 posi-tion 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, un-less the COR is a warranted Contracting Officer and this authority is delegated in the designation.

(b) The COR is [insert job title of COR] .

(End of clause)

G.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 and the Procurement Executive shall have the right to designate au-thorized representatives to act for the Contracting Officer, as specifically provided in the designation of that in-dividual.

CONTRACT ADMINISTRATION DATA (07/01)

Contracting Officer: Tandra A. Jones

Contract Administrator: Wilhelm M. Fleming Telephone Number: 49-069-7535-3338 Email: flemingwm@State.gov

US First Class Mailing: U.S. Department of State Regional Procurement Support Office - Frankfurt Unit 7900, Box 6000

DPO AE 09213

European mail or Courier or Hand Delivery: U.S. Department of State

Regional Procurement Support Office - Frankfurt Giessenerstrasse 30 60435 Frankfurt am Main, Germany

Contracting Officer's To Be Specified at Contract Award Representative (COR):

G.2 Payment

G.2.1 General The Contractor's attention is directed to Section I, 52.232-5, "Payments Under Fixed-Price Construction Con-tracts". The following subsections elaborate upon the information contained therein

G.2.2 Detail of Payment Requests

(a) Each request for payment, which shall be made no more frequently than monthly, unless otherwise provided herein, shall cover the value of labor and materials completed and in place, as verified by the COR, including a pro-rated portion of overhead and profit. The contractor pricing shall form the basis for the detailed estimate for progress payments and for determining periodic progress payments, subject to the discretion of the Contract-ing Officer.

Invoices shall be addressed to:

The Centers for Disease Control and Prevention CDC Construction and Facility Manager ATTN: COR ________________(name of COR) Plot 14818, Lebaltane Rd. Ph. 1 Gaborone, Botswana

Copy of invoice to:

American Consulate General Frankfurt Regional Procurment and Support office Frankfurt (RPSOFR) ATTN: Project SGE50016C [ + the 4 digit number of the resulting contract] Giessener Strasse 30 D-60435 Frankfurt am Main, Germany

(b) Alternately copies of all invoices can be submitted to the Contracting Officer via email to Fleming- WM@state.gov and FrankfurtRPSO@state.gov.

(c) As required by FAR clause 52.232-5, “Payments under Fixed-Price Construction Contracts (SEP 2002)”, paragraph (h)(3), the contractor shall submit an executed final payment release and all other required close-out documents, together with the final invoice. Final payment may only be made with prior approval of the Con-tracting Officer.

G.3 Payment to subcontractors

The Contractor shall make timely payment from the proceeds of the progress or final payment for which request is being made, to his subcontractors and suppliers in accordance with the Contractor's contractual arrangements with them.

Along with each request for progress payment, the Contractor shall furnish the following certification, or payment shall not be made:

(However, the Contractor may elect to delete paragraph (4) from the certification.)

"I hereby certify, to the best of my knowledge and belief, that --

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of chapter 39 of Title 31, United States Code;

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This…