Attachment_J-6_RFTOP_Task_Order.pdf

Building Foundations SOL 294-17-000002 Attachment J-6 – RFTOP/Task Order

Yatta Distribution Network Rehabilitation and Extension Project

BUILDING FOUNDATIONS IDIQ

REQUEST FOR TASK ORDER PROPOSAL

SECTION A

The Project to be implemented under this Request for Task Order Proposal is:

Yatta Distribution Network Rehabilitation And Extension Project

1 RFTOP Number SOL 294-17-000002 / Request for Task Order Proposal

2 Date RFTOP Issued See RFP Cover Page

3 Issuing Office Office of Contracts Management

4 Contracting Officer

Mr. Dale Lewis Office of Contracts Management USAID West Bank and Gaza E-mail: estrong@usaid.gov

5 Proposals to be Submitted to: See RFP Instructions

6 Proposals Due See RFP Instructions

7 Payment Office See Section G.3 Invoices

8 Name of Firm

9 IQC Task Order Number

10 DUNS number

11 Tax Identification Number

12 Address of Firm

13 RFTOP Point of Contact

Name:

Phone:

Fax:

Email:

14 Person Authorized to Sign

RFTOP

15 Signature (Contractor)

16 Date

17 Offer Validity Prices offered are valid for 180 days from the closing date of the RFTOP

SECTION B

SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The Building Foundations IDIQ is designed to improve and/or provide the infrastructure needed for delivery of many basic human services in the West Bank and Gaza, such as health care, education, water supply, sanitation, electricity, and transportation which has suffered badly from neglect, lack of investment, and the direct impacts of conflict.

B.2 CONTRACT TYPE

This is a Firm Fixed Unit Price Task Order in accordance with the Building Foundations (BF) IDIQ Section “B.2 Contract Type and Services.” For the consideration set forth in this Task Order, the Contractor must provide the services, deliverables and/or outputs described in Sections C, F and J in compliance with this Task Order’s and the Building Foundations Basic IDIQ’s requirements, terms, and conditions.

B.3 BUDGET

This Task Order consists of one (1) water-sector project. The Contractor will price the Bill of Quantities (BOQ) for the project listed below:

BOQ Price $____________

Total Day Works $850,000.00

Grand Total- Task Order Price $_____________

The Contractor is not entitled to any part of the “Day Works” line item, either partially or fully, unless specifically authorized in writing by the Contracting Officer. The Contractor will not be paid any sum in excess of the obligated amount.

END OF SECTION B

SECTION C

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 BACKGROUND

Building Foundations is designed to improve and/or provide the infrastructure needed for delivery of many basic human services in the West Bank and Gaza, such as health care, education, water supply, sanitation, electricity, and transportation which suffered badly from neglect, lack of investment, and the direct impacts of conflict.

C.2 OBJECTIVES

The objective of this Task Order is to provide a reliable, safe, and affordable water supply and distribution system to Yatta City and the nearby village, Beit Amra. The project also aims to expand the water delivery to unserved areas within Yatta and Beit Amra localities.

C.3 STATEMENT OF WORK

The Statement of Work (SOW) is as defined in the attachments provided in Section J of this document. The following is a summary description of the project:

The project includes construction of new main supply and distribution pipelines and construction of three (3) new reservoirs that will work in conjunction with the existing bulk supply systems and reservoirs:

A. Construction of New Reservoirs:

1. Khallet Saleem Reservoir, at grade 5,000 cubic meters reservoir.

2. Schools Reservoir, at Grade 1000 cubic meters reservoir.

3. Beit Emra Reservoir, elevated 500 cubic meters reservoir.

B. Construction of New Transmission and Distribution Pipelines.

1. Construction of new main supply and distribution pipelines with an approximate total length of 21 km.

2. Construction of new distribution network pipelines with an approximate total length of 40 km.

The Contractor will be responsible to provide all required works, materials, and services to furnish a complete and fully functional project in accordance with the contract documents.

C.4 REQUIREMENTS OF NOTE

Please note the following requirements, the cost of which will be included in the Offeror’s BOQ unit rates.

A. PERMITS. The following permits will be provided by USAID for the work under this Task Order.

• Palestinian Water Authority (PWA) Construction Permit

The Contractor is responsible for securing all other permits and approvals required for proper performance and completion of the project work at his own expense.

B. CMC’S FIELD OFFICES. The Contractor will provide field offices, equipment and services for USAID’s Construction Management Contractor (CMC) at the project site in accordance with Specifications Sections 01590, Engineer’s Primary Field Office, and 01591, Engineer’s Secondary Field Office, in the following quantities:

• One (1) primary field offices

• Two (2) secondary field offices

C. TESTING LABORATORIES AND/OR THIRD PARTY AGENTS. Quality

Control Testing called for in the Specifications will be conducted directly by the Prime Contractor at its own expense. Testing results acquired by the subcontractor will not be accepted.

D. SAFETY PLAN. Prior to starting any work, the Contractor must submit its safety plan for CMC review and approval. The Contractor must provide a written and signed statement with its Cost Proposal confirming that all costs associated with its safety compliance program including labor, equipment, procedures, inspections, and any other safety feature/item/task required under these contract documents, have been included in the costs entered by the Prime Contractor and each of his sub-contractors. The Contractor must comply with the existing local labor laws, regulations, and labor standards as required under IDIQ Section C.8.2- Safety Standards and Safety Program.

As part of the safety plan, it is encouraged that a member of the Contractor’s staff at each project will be a certified First Aid/CPR responder.

E. TRAFFIC CONTROL. Prior to starting any work in the roadway right-of-way/easement, the Contractor must submit its traffic control plan for CMC’s review and approval. Any detours or diversion of the existing road to maintain normal traffic flow must be leveled and temporarily asphalted, have temporary road markings applied, be maintained up to working standards, and must safely accommodate actual traffic levels throughout the implementation period. In the absence of a viable traffic plan with alternative routes/detours to reroute traffic during construction, the contractor must be prepared to work nightshifts to minimize congestion on open traffic lanes. The Contractor must price its proposal accordingly, noting that furnishing the detours as required above will not be subject to measurement and payment under the BOQ line items’ unit rates.

Additionally, the Contractor must utilize concrete barriers in accordance with the applicable codes and contract requirements. Concrete barriers must be used to separate any working traffic lanes from ongoing construction work, as well as protect pedestrians and re-route traffic during construction. Steel barriers will be considered along certain segments of the open trenches only, based on the results of the risk assessment. While other alternatives, such as water-filled barrels, sand-filled plastic barriers or steel drums are not acceptable and will not be considered for the performance of this Task Order.

F. STRUCTURES CONSTRUCTION. In the construction of the 5,000 cubic meters reservoir, the Contractor will employ a proprietary concrete formwork system as required in the Specifications and noted on the drawings.

G. CERTIFIED WELDING INSPECTOR(S). The Contractor must provide certified welding inspector(s) who have valid certifications in accordance with the American Welding Society QCI, or equivalent. The certified welding inspector(s) must be present on site during welding of steel joints to provide visual inspection for 100% of the field welded joints.

C.5 PROJECT COMPLETION AND TURNOVER ACTIVITIES

The Contractor must prepare and submit final as-built drawings of completed work. The Contractor must also prepare and submit operation and maintenance manuals for all major systems and ensure the proper start-up and usability of each separate project. In addition, the Contractor must prepare contract closeout and turnover documentation pertaining to construction according to contract requirements. Unless otherwise indicated, the Contractor must provide a one-year warranty as described in Sections I.2 and I.3 of this

RFTOP.

END OF SECTION C

SECTION D

PACKAGING AND MARKING

D.1 Section D of the IDIQ is incorporated by reference.

D.2 BRANDING STRATEGY

The Offeror’s proposal must include a Branding Implementation Plan (BIP) and Marking Plan (MP) that demonstrates how the Offeror will implement the Branding Strategy in accordance with ADS 320.3.1.2 and ADS 320.3.2.1

Program Name: USAID/West Bank – Building Foundation Yatta Distribution Network Rehabilitation and Extension Project

Counterparts: The Palestinian Water Authority (PWA) will be acknowledged by its identity on similar standing as USAID, strictly following USAID Marking regulations.

Level of visibility: Under Building Foundations, USAID identity will have a high level of visibility in cases in which its audience needs to grasp the extent of the aid provided by the American people; in cases in which its audience needs to perceive the ownership of the program, the visibility will be at a medium level; and in cases in which its audience would react negatively to USAID identity visibility, it will be kept at a low profile level.

Anticipated Elements of the Marking Plan: Deliverables to be marked include products, equipment and inputs delivered; prominent signage in places where program activities are carried out (see below); external public communications, studies, reports, publications and informative and promotional products; and workshops, conferences, fairs and any such events. Disclaimers will be used in the case of materials whose publication USAID is funding, but not fully supporting in its contents and must read: USAID will not be held responsible for any or the whole of the content of this publication.

USAID’s web page contains the electronic version of the Graphic Standards Manual that is compulsory for all Contractors (www.usaid.gov/branding).

PROJECT SIGNS

The Contractor will provide temporary and permanent project signs at the project site in accordance with Specifications Section 01500 – Temporary Facilities. The project signs will be supplied by the Contractor in the following quantity:

Permanent project signs: Eight (8) for this Task Order

Temporary project signs: Eight (8) for this Task Order

The Contractor must commence fabrication of the temporary project signs immediately after receipt of the respective NTP for each project. The Contractor must install the temporary signs prior to the commencement of any construction activity at the project site.

The location of all temporary and permanent project signs will be determined through consultation with and the consent of the CMC and USAID.

END OF SECTION D

SECTION E

INSPECTION AND ACCEPTANCE

E.1 Section E of the IDIQ is incorporated by reference.

E.2 INSPECTION AND ACCEPTANCE

Task Order inspection and acceptance will be performed in accordance with the Building Foundations IDIQ Section “E.2 Inspection and Acceptance.”

USAID inspection and acceptance of service, reports and other required deliverables or outputs will take place at:

USAID/West Bank and Gaza Water Resources and Infrastructure Office 10th floor, Hamered Street 25 Tel Aviv, Israel

Or at any other location where the services are performed and reports and deliverables or outputs are produced or submitted. The COR listed in Section G.4 has been delegated authority to inspect and accept services, reports and required deliverables or outputs, as indicated.

END OF SECTION E

SECTION F

DELIVERIES OR PERFORMANCE

F.1 Section F of the IDIQ is incorporated by reference.

F.2 PERIOD OF PERFORMANCE

The period of performance for Yatta Distribution Network Rehabilitation and Extension Project is Four Hundred Eighty (480) Calendar Days from the date of USAID’s issuance of the Notice to Proceed (NTP) to the date of project completion and acceptance by USAID.

F.3 DELIVERABLES

Deliverables are as defined in the attachments of Sections C, J, and F. 5 of this document.

F.4 PLACE OF PERFORMANCE

The place of performance under this Task Order is the West Bank.

F.5 REPORTS AND DELIVERABLES OR OUTPUTS

The Contractor will submit reports and deliverables identified in section F.5.2 of the IDIQ contract for required reports and deliverables. In addition, the Contractor will submit reports as required in Task Order Sections E.1 and H. The Contractor will submit reports, deliverables or outputs as further described below.

The Contractor must provide one (1) hard-copy of each report to USAID, except for the final report which is required in three (3) hard-copies. USAID will distribute these reports as it deems appropriate. In addition to the hard copies, an electronic copy will be provided for all reports. All reports must be submitted to the following address:

USAID/West Bank and Gaza

COR: TBD

25 Hamered Street. 10th Floor Tel Aviv, Israel Tel: 972-3-511-4848 Fax: 972-3-511-4888 E-mail: TBD

F.5.1 List of Task Order Progress Reports:

Deliverables/Report Delivery Schedule Approving Authority

Baseline CPM Schedule Due no later than 28 days after issuance of Notice to Proceed.

CO

The Contractor will maintain documentation of official acceptance of the reports and deliverables required under the Task Order in accordance with the above. USAID reserves the right to adjust the level of reporting during the performance of this Task Order.

F.5.2 Detailed Task Order Progress Reports:

1. Initial Reports/Deliverables (Within 28 days after issuance of the Task Order

Notice to Proceed, the Contractor will submit the following listed below.)

a. Baseline CPM Schedule: In accordance with FAR 52.236-15, the Contractor must submit through the CMC for USAID approval, the Contractor’s cost and resource loaded Critical Path Method (CPM) Schedule using Primavera P6 latest version. Additional specifications and requirements are detailed in Attachment

Safety Program (Safety Plan) Due no later than 28 days after issuance of Notice to Proceed and prior to commencement of any construction activity.

COR

Traffic Plan Due no later than 28 days after issuance of Notice to Proceed, and prior to commencement of any construction activity.

CMC

Quality Control Program (QCP) Due no later than 28 days after issuance of Notice to Proceed and prior to commencement of any construction activity.

COR

Environmental Mitigation and Monitoring Plan

Due no later than 28 days after issuance of Notice to Proceed, and prior to commencement of any construction activity.

CMC/COR

Construction Risk Management Program

(CRMP)

Due no later than 28 days after issuance of Notice to Proceed, and prior to commencement of any construction activity.

COR

Daily Reports Due no later than 9:00 a.m. of the following work day.

CMC

Monthly Progress Reports Due within 5 days after the end of each month

COR

Final Report Draft Report due within 30 days from final acceptance of the project. Final Report due within 90 days from final acceptance of the project.

COR

TraiNet Reporting When applicable in accordance with ADS 253.

CMC

J.2.A - “Division 1 Specification Sections”, Section 01310, Part 1, paragraph 1.2-C.

The Contractor must submit an initial baseline CPM Schedule for each Task Order project to visually represent the Contractor’s implementation plan. The schedule must indicate the complete sequence of each major construction activity/category and its subordinate construction activities/work to be performed, loaded with detailed cost and resource data. The activities must be linked through logical relationships such that the effect of a delay in any one activity is reflected in other activities and in the overall project completion.

b. Safety Program: The Contractor must have developed and received approval of a comprehensive and effective Safety Program to protect life, property and the environment with respect to all work performed, whether performed by the Prime- Contractor or subcontractors. This includes an Accident Prevention Plan and/or a Site Specific Health and Safety Plan. The Safety Program must be submitted to the COR for approval prior to the commencement of any construction activities.

c. Traffic Plan: The Contractor will submit for the CMC’s approval a traffic plan in accordance with the technical requirements that permit the contractor to perform work efficiently and effectively while maintaining a safe, uniform flow of traffic and protects the lives of the people in vehicles, bicycles or pedestrians. The plan will include the proposed detours, open and closed lanes, traffic control methods and signs, etc. Please note that continuous flow of traffic in both directions at all times along the subject road must be maintained. (Traffic plan submittals due dates will be according to project specifications).

d. Quality Control Program (QCP): The Contractor’s QCP is a mandatory and integral component of the construction activities under each task order, and must be approved by CMC approval prior to commencing any construction/rehabilitation activities under each task order.

e. Environmental Monitoring and Mitigation Plan (EMMP): Prepare an Environmental Mitigation and Monitoring Plan that must be approved by the CMC and the COR prior to the commencement of any construction activities under the respective task order.

f. Construction Risk Management Program (CRMP) – The Construction Risk Management Plan must describe the management processes used on the project to plan, identify, assess, categorize, quantify, handle, report, and track risks associated with the achievement of the project requirements and goals. The Construction Risk Management plan will include a Risk Registry, which summarizes all identified risks, their probabilities and impact, and the proposed prevention or mitigation actions.

Since, risk management is an iterative process in which the effectiveness of control actions is constantly evaluated, new risks are discovered, and existing risks are reassessed, the Risk Registry will be updated on a monthly basis and included in the Monthly Report.

2. Progress Reports

a. Daily Reports: The Daily Reports must be submitted by the Contractor using standardized forms and at minimum will include a summary of manpower, material delivered to project site, equipment used, major deliveries, activities performed, new problems, and anything else pertinent to the project.

The Contractor must also include a daily construction photograph(s) taken from the same vantage point(s) each work day to visually document the progress of work.

The construction photograph requirements are further specified in the Task Order Attachment J.2 “Division 1 Specification Sections”, Section 01040 “SITE CONDITIONS AND COORDINATION”, clause 1.14 “CONSTRUCTION

PHOTOGRAPHS”.

The Contractor will submit each report to the CMC, not later than 9:00 AM of the first work day following the end of the work day reported on. The report will be signed by both the contractor and the CMC.

b. Monthly Progress Reports: As required in IDIQ contract Section F.5.2

c. Final Report: As required in IDIQ Contract Section F.5.2

F.6 LIQUIDATED DAMAGES

Time is of the essence in the performance of this Task Order. In accordance with Section “I.4 52.211-12 LIQUIDATED DAMAGES - CONSTRUCTION (SEPT 2000)” of this Task Order, USAID and the Contractor agree that as liquidated damages for delays, the Contractor will pay USAID the following amounts for each calendar day of performance that extends beyond the respective completion dates specified in Section F.2 for each project, except as agreed to in writing by USAID.

Task Order Project

Number

Project Name

Liquidated Damages Daily Rate

(US$)

1 Yatta Distribution Network Rehabilitation and Extension Project $ 4,574

Total liquidated damages under this task order will therefore be calculated as follows:

Total Calendar Days of Project 1 Delays x (US$4,574)

= (TOTAL LIQUIDATED DAMAGES UNDER THIS TASK ORDER)

F.7 INSURANCE

The Contractor will purchase and maintain the insurance required under this paragraph. Such insurance will include the specific coverage set out herein and be written for not less than the limits of liability and coverage required by applicable Laws or Regulations. All insurance will be maintained continuously during the life of the Agreement up to the date of Substantial Completion and at all times thereafter when the Contractor may be correcting, removing, or replacing Defective Work.

The Contractor’s liabilities under this Agreement will not be deemed limited in any way to the insurance coverage required.

All insurance required by the Contract documents to be purchased and maintained by the Contractor will be obtained from insurance companies that are duly licensed or authorized to issue insurance policies for the limits and coverage so required in the West Bank. Such insurance companies will have a current Best's Rating of at least an "A" (Excellent) general policy holder's rating and a Class VII financial size category.

The Contractor will furnish USAID with certificates and original endorsements showing the type, amount, class of operations covered, effective dates and dates of expiration of policies. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) will contain a provision or endorsement that the coverage afforded will not be canceled, reduced in coverage, or renewal refused until at least 30 (thirty) days prior written notice has been given to USAID and additional insureds by certified mail.

All such insurance required herein will name the U.S. GOVERNMENT, the CMC, and their consultants and sub-consultants and their officers, directors, agents, and employees as “additional insured” under the policies.

At a minimum, the Contractor will purchase and maintain the following insurance:

1. Commercial General Liability: This insurance will be written in comprehensive form and will protect the Contractor against all claims arising from injuries to persons other than its employees or damage to property of USAID or others arising out of any act or omission of the Contractor or its agents, employees, or subcontractors. The policy will also include protection against claims insured by personal injury liability coverage and contractual coverage to insure the contractual liability assumed by the Contractor under the indemnification provisions in the General Conditions.

2. Commercial Automobile Liability: This insurance will be written in comprehensive form and will protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles, and will cover operation on or off the site of all motor vehicles licensed for highway use, whether they are owned, non-owned, or hired.

3. Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability

Insurance: The Contractor will either require each of the Subcontractors to procure and to maintain subcontractor's public liability and property damage insurance and vehicle liability insurance or insure the activities of the Subcontractors under the Contractor’s own policies.

4. Builder's Risk: This insurance will be of the “all risks” type, will be written in completed value form, and will protect the Contractor, Subcontractors, USAID, and the CMC, against risks of damage to buildings, structures, and materials and equipment (including any stored off-site and while in transit), Contractor's equipment, debris removal and including demolition and contingent loss occasioned by enforcement of any applicable legal requirements, and will cover reasonable compensation for CMC’s services and expenses required as a result of such insured loss. The amount of such insurance will be not less than the insurable value of the work at completion plus equipment. Builder’s Risk insurance will provide for losses to be payable to the Contractor and USAID, as their interests may appear. This insurance will contain a provision that in the event of payment for any loss under the coverage provided, the insurance company will have no rights of recovery against the Contractor, USAID, and the CMC. This insurance will insure against all risks of loss (including earthquake, flood and collapse) and, at the option of USAID, will include comprehensive boiler and machinery coverage including coverage for installation and testing.

END OF SECTION F

SECTION G

TASK ORDER ADMINISTRATIVE DATA

G.1 Section G of the IDIQ is incorporated by reference.

G.2 CONTRACTING OFFICER'S AUTHORITY

The Contracting Officer is the only person authorized to make or approve any changes in the requirements to this Task Order and notwithstanding any provisions contained elsewhere in this Task Order, the said authority remains solely with the Contracting Officer.

In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

G.3 TECHNICAL DIRECTION

Technical direction will be in accordance with the Building Foundations IDIQ Section G.8 “Technical Directions/Relationship with USAID.”

G.4 TECHNICAL DIRECTION AND DESIGNATION OF RESPONSIBLE

USAID OFFICIALS

Mr. Eric Strong Contracting Officer USAID West Bank and Gaza Office of Contracts Management 10th floor, Hamered Street 25 Tel Aviv, Israel

TBD

Contracting Officer’s Representative USAID West Bank and Gaza Office of Contracts Management 10th floor, Hamered Street 25 Tel Aviv, Israel

The Contracting Officer will issue a letter appointing the Contracting Officer Representative for the Task Order and provide a copy of the designation letter to the Contractor.

G.5 INVOICES

In accordance with FAR clause “52.232-27 Prompt Payment for Construction Contracts (Sept 2005)”, SF-1034 Public Voucher for Purchases and Services Other Than Personal will be submitted to the Financial Management Office/USAID/West Bank and Gaza. One (1) copy of the voucher and the invoice will also be submitted to the COR.

The SF-1034 must be signed, and it must be submitted along with the invoice and any other documentation in Adobe. Vouchers/Invoices must be emailed to: wbgvouchers@usaid.gov (Attention FMO).

The paying office is:

Financial Management Office USAID/West Bank and Gaza 9700 Tel Aviv Place Washington DC 20521-9700

The invoicing office for this Task Order is the CMC firm:

AECOM

Global United Insurance Building 1st Floor Nablus Street, Al Bireh

G.6 ACCOUNTING AND APPROPRIATION DATA

Req No.:

Budget Fiscal:

Operating Unit: WRI Strategic Objective: 14 Team/Division: WRI Benefiting Geo Area: 294 Amount Obligated:

END OF SECTION G

mailto:wbgvouchers@usaid.gov

SECTION H

SPECIAL TASK ORDER REQUIREMENTS

H.1 Section H of the IDIQ is incorporated by reference.

H.2 KEY PERSONNEL

The Contractor will provide the following Key Personnel for the performance of this Task Order. Key Personnel will be under the direct employ of the Prime Contractor.

Subcontractor staff will not be accepted as a substitute to fulfill this requirement.

The following are the minimum qualifications for the Key Personnel:

• Task Order Manager Qualifications:

- BS degree or higher in civil engineering;

- Significant construction experience of not less than ten (10) years of which five (5) years must be in construction management of infrastructure of a similar type and size to the construction work required under this Task Order.

• Quality Control Manager:

This position will report directly to the Basic IDIQ Program Director, and not to the Task Order Manager. Lines of authority will clearly demonstrate this in the Contractor’s organizational breakdown structure.

Qualifications:

- BS degree or higher in civil or electromechanical engineering with minimum eight

(8) years of construction experience;

- Significant experience of not less than three (3) years in quality control/quality assurance of infrastructure construction of similar type and size to the construction work required under this Task Order.

• Safety and Environmental Compliance Officer Qualifications:

- Significant experience of not less than three (3) years in safety compliance for infrastructure projects similar in scope and nature to the work required under this Task Order.

Key Personnel Position Number of Positions Task Order Manager One (1) Quality Control Manager One (1) Safety & Environmental Compliance Officer One (1)

All Key Personnel must be present at Task Order site on a full time basis no later than 14 days after the NTP is issued, and remain throughout the period of performance specified in Section F.2

The Key Personnel specified above are considered to be essential to the work being performed under this Contract and will be subject to reference checks.

All proposed Key Personnel will be subject to Task Order Contracting Officer’s (TOCO) approval after award. The Contractor will obtain the written approval of the TOCO on all Key Personnel no later than 14 days from Notice to Proceed.

Prior to replacing any of the specified individuals, the Contractor will immediately notify the Task Order Contracting Officer reasonably in advance and will submit written justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact of the replacement on the program. No replacement of Key Personnel will be made by the Contractor without the prior written consent of the TOCO. Any substitute or replacement candidate must have equal or greater experience than the Key Personnel he/she is proposed to replace.

In addition, four (4) Project Engineers are required but not considered Key Personnel.

Those personnel will be under the direct employ of the Prime Contractor.

Subcontractor staff will not be accepted as a substitute to fulfill this requirement. The subject staff members will be provided as of the issuance of the NTP and throughout the Task Order period of performance and are required to fulfill the education and experience outlined below:

Project Engineer Qualifications:

- BS degree or higher in civil or mechanical engineering with minimum three (3) years of experience in implementing construction projects of similar type to the construction work required under this task order.

H.3 LANGUAGE REQUIREMENTS

All deliverables must be produced in English. All correspondence will be in the English language.

At all times when any performance of the work at the site(s) is being conducted by any member of the Contractor or its subcontractors, the Contractor must have at least one of its Task Order Key Personnel present on the site capable of explaining the work operations, receiving instructions and effecting necessary documentation and reporting in the English language.

H.4 GOVERNMENT FURNISHED FACILITIES OR PROPERTY

(a) The Contractor and any employee or consultant of the Contractor is prohibited from using U.S. Government facilities (such as office space or equipment), or U.S. Government clerical or technical personnel in the performance of the services specified in the Task Order, unless the use of Government facilities or personnel is authorized in advance, in writing, by the Contracting Officer.

(b) If at any time it is determined that the Contractor, or any of its employees or consultants, have used U.S. Government facilities or personnel either in performance of the contract itself, or in advance, without authorization, in writing, by the Contracting Officer, then the amount payable under the contract must be reduced by an amount equal to the value of the U.S.

Government facilities or personnel used by the Contractor, as determined by the Contracting Officer.

(c) If the parties fail to agree on an adjustment made pursuant to this clause it must be considered a "dispute" and must be dealt with under the terms of the "Disputes" clauses of the contract.

H.5 CONFIDENTIALITY AND OWNERSHIP OF INTELLECTUAL PROPERTY

All reports generated and data collected during the performance of this Task Order must be considered the property of USAID and must not be reproduced, disseminated or discussed in open forum, other than for the purposes of completing the tasks described in this document, without the express written approval of a duly-authorized representative of USAID. All findings, conclusions and recommendations must be considered confidential and proprietary.

H.6 CONTRACTOR’S STAFF SUPPORT, ADMINISTRATIVE, AND

LOGISTICS ARRANGEMENTS

The Contractor is responsible for all administrative support and logistics required to fulfill the requirements of this Task Order. These include all travel arrangements, appointment scheduling, secretarial services, report preparation services, printing, and duplication.

H.7 ORDER OF PRECEDENCE OF CONTRACT DOCUMENTS

The order of precedence of the documents forming this contract is as follows:

1. Indefinite Delivery Indefinite Quantity Contract (Building Foundations IDIQ);

2. Executed Task Order Contract and subsequent modifications;

3. Program Standard Specifications (Divisions 1-16 and Jordanian Specifications Volume 1, part

1, section 1.02.1 and Volumes 2-), Design Drawings for Yatta Distribution Network Rehabilitation and Extension Project, Supplemental Specifications to the Program Standard Specifications, Program Standard Designs, Program Standard Details, Task Order Bill of Quantities, and RFTOP with all amendments thereto and other supporting documents;

4. The Contractor’s Proposal in response to this RFTOP.

All documents listed above are considered complementary to each other. However, if a discrepancy is noted, it must be brought to the attention of the Contracting Officer for a final determination.

H.8 USAID/WEST BANK AND GAZA NOTICES

The Contractor must fully comply and adhere to all USAID West Bank and Gaza Mission Notices to Contractors and Grantees. The notices are posted on the USAID West Bank and Gaza website under “Partnership Opportunities,” and can be also found under the following link:

https://www.usaid.gov/west-bank-and-gaza/partnership-opportunities

H.9 USAID/WEST BANK AND GAZA MISSION ORDER NO. 21

The Contractor must comply with the Mission’s updated anti-terrorism policies and procedures as stated under the revised Mission Order No. 21 and any amendments thereto. Mission Order No. 21 is included as attachment J.1 to the IDIQ.

H.10 INDICATORS AND DATA QUALITY STANDARDS

In accordance with USAID ADS 578.3.4.2, program and development activity performance, results and evaluation reports, press releases, employment information, and other covered information must be prepared in accordance with the standards in ADS 203, 501, 540, 557, and other applicable guidance.

To support USAID’s program goals, the Contractor will report on the following indicators in Section H.9.1 below for entry by USAID’s CMC firm into the Geo-MIS system, in accordance with the Building Foundations IDIQ Section F.5.2.2.3 “Geographic Management Information System (Geo-MIS).”

H.10.1 INDICATORS

Water Sector Task Order Contract Indicator 1: Quantity of drinking water available as a result of USG assistance

Measured by the total volume determined in the design phase per USAID beneficiaries' standard definitions of drinking water supply to be made available as a result of USG assistance in discrete Building Foundations projects. Data will be measured at the design stage based on a variety of factors. For water well-drilling/transmission projects, measurements will be based on each well's estimated production capacity and/or transmission capacity. The Contractor must request this data from the USAID’s A-E firm (AECOM) for inclusion in the Contractor's first Geo-MIS report as a target estimate. This indicator will be measured and reported on by the Contractor at the completion of the task order based on the tested capacity of the project.

Water Sector Task Order Contract Indicator 2: Person Days of employment generated

This indicator is measured by the number of person days of employment generated by this Task Order. The Contractor must measure person days of employment directly generated by construction work on site. It is recognized that, while this data may extend well beyond the immediate employment generated by this Task Order, this data will be measured by the Contractor at the prime and first tier subcontractor level only. The Contractor will measure this daily during Task Order implementation through Daily Joint Reports (DJRs). Neither expatriate person days of employment (i.e. those worked by American or other Third Country National staff) nor management nor administrative person days of employment (i.e. program level and other general and administrative staff shared among multiple task orders) must be included in the Geo- MIS related reporting. A target estimate is to be provided by the Contractor at the time of CPM Completion.

This indicator will be measured daily and reported on a monthly basis in each Geo-MIS report in accordance with Section F.5 of the Building Foundations IQC. The data must be further reviewed and reported on at the completion of the task order.

H.10.2 DATA QUALITY STANDARDS

To be useful in managing for results and credible for reporting, the Contractor must ensure that the data it reports for the Geo-MIS system for each activity under this Task Order meets USAID’s five (5) data quality standards as defined in ADS 203.3.11.1.

In any instances where the Contractor is aware that performance data will not fully meet all five (5) standards, the known data limitations must be documented and submitted to the COR.

The USAID Architecture and Engineering/Construction Management Contractor (A/E, or alternately CMC) firm is tasked by USAID with conducting periodic audits to ensure that data provided by the Contractor conforms to USAID’s five (5) data quality standards.

The Contractor must make its data collection procedures, methodologies, source files, records and documents (and any other source that data was obtained or calculated from) available to USAID and/or the CMC firm within two (2) business days of request by either USAID or the CMC firm so that the CMC firm or USAID can review for conformance to the following data quality standards

a) Validity. Data must clearly and adequately represent the intended result. While proxy data may be used, the Contractor must consider how well the data measure the intended result. Another key issue is whether data reflect a bias such as interviewer bias, unrepresentative sampling, or transcription bias.

b) Integrity. Data that are collected, analyzed, and reported must have established mechanisms in place to reduce the possibility that they are intentionally manipulated for political or personal reasons. Data integrity is at greatest risk of being compromised during data collection and analysis.

c) Precision. Data must be sufficiently precise to present a fair picture of performance and enable management decision-making at the appropriate levels. One key issue is whether data are at an appropriate level of detail to influence related management decisions.

A second key issue is what margin of error (the amount of variation normally expected from a given data collection process) is acceptable given the management decisions likely to be affected.

In all cases, the margin of error must be less than the intended change; if the margin of error is 10 percent (10%) and the data show a change of 5 percent (5%), USAID will have difficulty determining whether the change was due to the USAID activity or due to variation in the data collection process. Improving the precision of data usually increases the cost of collection and analysis.

d) Reliability. Data must reflect stable and consistent data collection processes and analysis methods from over time. The key issue is whether different analysts would come to the same conclusions if the data collection and analysis processes were repeated.

USAID must be confident that progress toward performance targets reflects real changes rather than variations in data collection methods. When data collection and analysis methods change, the PMP must be updated. The Contractor must seek USAID TOCOR approval prior to proceeding with any variation in data collection methods.

e) Timeliness. Data must be timely enough to influence management decision-making at the appropriate levels. One key issue is whether the data are available frequently enough to influence the appropriate level of management decisions. A second key issue is whether data are current enough when they become available.

H.11 SUBCONTRACTORS

Major local subcontractors required by the Contractor for completion of construction work required under this Task Order will each be registered with the Palestinian Contractors Union and classified by the National Classification Committee. Only registered and classified subcontractors will be allowed under this Task Order.

Major subcontractor is defined as any subcontractor other than those implementing specialized crafts such as plastering, carpentry, installation of curb stones and tiles, painting, pipe and culvert work installation and suppliers of equipment, goods and materials.

Each major subcontractor must have performed at least three similar water construction projects, each valued at over $1,500,000 over the past five years.

All proposed major subcontractors and substitutions thereafter, will be subject to Contracting Officer’s written no objection clearance after issuance of award.

END OF SECTION H

SECTION I

CONTRACT CLAUSES

I.1 Section I of the IDIQ is incorporated by reference.

I.2 FAR 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty will continue for a period of one (1) year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty will continue for a period of one (1) year from the date the Government takes possession.

(c) The Contractor will remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor will remedy at the Contractor's expense any damage to Government-owned or controlled real or personal property, when that damage is the result of--

(1) The Contractor's failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor will restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced will run for one (1) year from the date of repair or replacement.

(e) The Contracting Officer will notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government will have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor will—

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting

Officer.

(h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the

Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor will not be liable for the repair of any defects of material or design furnished by the Government or for the repair of any damage that result from any defect in Government-furnished material or design.

(j) This warranty will not limit the Government's rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

I.3 LETTER OF GUARANTY OR BOND

Within fourteen (14) calendar days after the date of Task Order award, the Contractor will furnish the Contracting Officer a Bank Letter of Guaranty (Guaranty) or other acceptable surety from an established bank, insurance company or financial institution that meets the approval of the Contracting Officer for the performance of all work in this Task Order.

The guaranty will be in the amount of 10% of the Task Order value. The guaranty will be dated as of the Task Order award date or no more than fourteen (14) calendar days thereafter. The guaranty will state that it will continue in effect for one year after the date of the last work accepted by the Government under this Task Order, in the amount of 5% of the Task Order value. The guaranty will also state that the bank/surety agrees and consents that the task order may be modified by change order or supplemental agreement without affecting the validity of the guaranty.

I.4 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 will pay liquidated damages to the Government in the amount specified in Section F.6 for each calendar day of delay until the work is completed or accepted.

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

I.5 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK (APR 1984)

The Contractor will be required to (a) commence work under this contract upon receipt of the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than (480) Calendar Days from the date of USAID’s issuance of the notice to proceed. The time stated for completion will include final cleanup of the premises.

I.6 52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price will be made upon demand of either party. The equitable adjustment will be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer will ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the Contracting Officer, is justified.

I.7 52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor’s information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by A&E contractor and the results are documented in RFTOP Attachment J.5-- Geotechnical Report for Yatta Distribution Network Rehabilitation and Extension Project.

(b) Weather conditions: The West Bank has a rainy and severe weather season. The Contractor shall familiarize itself with local climatological conditions and adjust its schedule accordingly. The period of performance already includes a reasonable assumption for non-working rainy and severe weather days based on the statistics published by Palestinian Central Bureau of Statistics for the Meteorological Conditions in the West Bank and Gaza.

(c) Transportation facilities: Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street, alleyway, or parking area during the performance of Work here under and it shall conduct its operations to not interfere unnecessarily with the moving traffic, authorized work of utility companies or other agencies in such streets, alleyways, or parking areas. No work can commence prior to obtaining the Engineer's approval on the Traffic Management plan. The Traffic Management Plan must be pre-approved by the authority having jurisdiction over the designated work area prior to submitting it to the Engineer for review and approval.

(d) Existing Utilities: The Contractor shall protect underground Utilities which may be impaired during construction operations, regardless of whether or not the Utilities are indicated on the Drawings. Existing utilities, including, but not limited to high voltage power line, telephone, and existing water service, are not shown on the drawings.