SOL-306-16-000049_Emergency_Road_O M_Support_.pdf

Issuance Date: August 25, 2016 Deadline for Initial Questions: September 18, 2016 Pre-Proposal Conference: September 27, 2016 Proposal Closing Date: October 17, 2016 Closing Time for All Deadlines: 4.00 p.m. local time (Kabul)

Subject: Solicitation: Request for Proposals (RFP) SOL-306-16-000049 Road Support and Sustainability Program Component 1 (RSSP 1) – Emergency Road Operations & Maintenance Support

Dear Afghan-Owned Entities:

The U.S. Agency for International Development’s Mission in Afghanistan (USAID/Afghanistan) requests proposals from Afghan-owned firms for the potential implementation of emergency road operations and maintenance support services to protect and preserve the newly constructed and existing roadway assets in Afghanistan, as described in the Statement of Work (SOW) under Section C of this RFP.

The selected firms must provide emergency road maintenance and repair services for existing facilities at the request of USAID. Examples of work to be carried out include road grading, repairs to damages from natural and man-made phenomena, and repairs to maintain road safety.

The purpose of this solicitation is to select multiple firms to enter into Basic Ordering Agreements (BOAs) with USAID for Emergency Road Operation & Maintenance (O&M) Support to the Ministry of Public Works (MoPW) of the Government of Islamic Republic of Afghanistan (GIRoA) in the Northern Region and Eastern Region (as described herein) of Afghanistan.

The place where work will be carried out is divided into two regions: The North Region (Region 1) includes Faryab, Jawzjan, Balkh, Saripul, Samangan, Kunduz, Takhar, Baghalan, and Badakshan provinces, and the East Region (Region 2) includes Bamyan, Parwan,Wardak, Ghazni, Paktika, Paktya, Khost, Logar, Kabul, Nangarhar, Kunar, Nuristan, Laghman, Kapisa and Panjsher provinces of Afghanistan. Offerors must specifically identify in which specific region, either Region 1 and/or Region 2, they wish to be considered.

A BOA is an agreement between USAID and the selected firm that includes pre-set terms and conditions that will apply to Work Orders to be issued under the BOA, identification of the supplies/services to be ordered, and set pricing for those supplies/services. Firms issued a BOA may be issued firm-fixed-price Work Orders for O&M work according to the procedures for placing Work Orders identified in Section G.3.

Issuance of the BOA to an Afghan firm will be based on evaluation of qualifications in accordance with the evaluation factors set forth in Section M. Award of specific firm fixed price Work Orders will be made to BOA firms as requirements arise. USAID, at its sole discretion, will determine which and how many of the

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

c. 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.

d. Offers providing less than

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

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

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

SOL-306-16-000049

Office of Acquisition & Assistance (OAA) USAID/Afghanistan U.S Embassy Great Massoud Road Kabul, Afghanistan

The purpose of this Basic Ordering Agreement (BOA) is to provide a mechanism from which USAID may place Work Orders for providing Emergency Road Operation and Maintenance (O&M) support to the Ministry of Public Works of the Government of the Islamic Republic of Afghanistan (GIRoA) in the Northern and Eastern regions of the country as further described in Section C.

REQ-306-16-000136

Wagma Orya Email: worya@usaid.gov +93(0) 702-626-298

1 6808/25/2016

SOL-306-16-0000049

EMERGENCY ROAD OPERATIONS & MAINTENANCE SUPPORT

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICE/COST

B.1 PURPOSE

B.2 SPECIAL NOTES

B.3 CONTRACT TYPE

B.4 CONTRACT PRICE

B.5 PAYMENT

B.6 PRICE LIST

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 BACKGROUND

C.2 OBJECTIVES

C.3 SCOPE

C.4 DELIVERY & PERFORMANCE REQUIREMENTS

C.5 SECURITY

C.6 GENDER

C.7 ENVIRONMENTAL MITIGATION MEASURES

SECTION D – PACKAGING AND MARKING

SECTION E – INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.2 INSPECTION AND ACCEPTANCE

E.3 FINAL PROJECT ACCEPTANCE

SECTION F – DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2 PERIOD OF PERFORMANCE

F.3 WARRANTY

F.4 DELIVERY REQUIREMENTS

F.5 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

ALTERNATE I (APR 1984)

F.6 DELIVERABLES AND DELIVERABLES SCHEDULE UNDER WORK ORDERS

F.7 KEY PERSONNEL

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 ADMINISTRATIVE CONTRACTING OFFICE

G.2 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

G.3 PROCEDURES FOR PLACING WORK ORDERS

G.4 PAYING OFFICE

G.5 ACCOUNTING AND APPROPRIATION DATA:

G.6 INVOICING/PAYMENT INSTRUCTIONS

G.7 CONTRACTOR’S PRIMARY POINT OF CONTACT

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 AUTHORIZED GEOGRAPHIC CODE

H.2 CONSENT TO SUBCONTRACTS (AUGUST 2016)

H.3 USAID/AFGHANISTAN RIGHT TO PROCURE FROM OTHER SOURCES (AUGUST 2016)

H.4 RESERVED

H.5 USAID/AFGHANISTAN SUB-AWARD REQUIREMENTS (APRIL 2016)

H.6 ADS 302.3.5.17 LIMITATION ON SUBCONTRACTING TO NON-LOCAL ENTITIES (MAY 2012)

H.7 USAID/AFGHANISTAN PUBLIC POSTING (APRIL 2016)

H.8 USAID/AFGHANISTAN VETTING REQUIREMENT (APRIL 2016)

H.9 RESERVED

H.10 SERIOUS INCIDENT REPORTING (SIR) IN AFGHANISTAN (AUGUST 2016)

H.11 RESERVED

H.12 USAID/AFGHANISTAN HOST COUNTRY TAXES AND DUTIES (FEB 2016)

H.13 ADS 302.3.5.5 REPORTING OF FOREIGN TAXES (JULY 2007)

H.14 ELECTRONIC PAYMENTS SYSTEM (JULY 2014)

H.15 RESERVED

H.16 RESERVED

H.17 RESERVED

H.18 RESERVED

H.19 RESERVED

H.20 RESERVED

H.21 302.3.5.9 NONDISCRIMINATION (JUNE 2012)

H.22 ADS 302.3.5.22 SUBMISSION OF DATASETS TO THE DEVELOPMENT DATA LIBRARY (DDL) (OCT 2014) ... 25 H.23 USAID/AFGHANISTAN DATABASE and GIS/GPS REPORTING REQUIREMENTS (AUGUST 2016) H.24 ADS 302.3.5.21 USAID IMPLEMENTING PARTNER NOTICES (IPN) PORTAL FOR ACQUISITION (JUL 2014) . 28

H.25 RESERVED

H.26 ENVIRONMENTAL COMPLIANCE

H.27 USAID/AFGHANISTAN AMMONIUM NITRATE AND CALCIUM AMMONIUM NITRATE RESTRICTION

(September 2011)(CLASS DEVIATION OAA-DEV-LL-03C, EXPIRATION DATE SEPTEMBER 8, 2016)

H.28 USAID/AFGHANISTAN IMPLEMENTATION OF EXECUTIVE ORDER 13224 ON TERRORISM

FINANCING (AUGUST 2016)

H.29 USAID/AFGHANISTAN COMPLIANCE WITH ADS 206 PROHIBITION OF ASSISTANCE TO DRUG

TRAFFICKERS (AUGUST 2016)

H.30 RESERVED

H.31 RESERVED

H.32 RESERVED

H.33 RESERVED

H.34 RESERVED

H.35 RESERVED

H.36 RESERVED

H.37 RESERVED

H.38 RESERVED

H.39 RESERVED

H.40 RESERVED

H.41 RESERVED

H.42 RESERVED

SECTION I - CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF Bidders

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

K.2 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

K.3 2.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS-REPRESENTATION (APR 2015)

K.4 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2016)

K.5 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

K.6 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

K.7 FAR 52.215-6 PLACE OF PERFORMANCE (OCT 1997)

K.8 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN PURSUANT

TO FAR 52.222-56

K.9 52.236-28 PREPARATION OF PROPOSALS - CONSTRUCTION (OCT 1997)

K.10 AGREEMENT ON, OR EXCEPTIONS TO, TERMS AND CONDITIONS

K.11 SIGNATURE

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 52.252-1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

L.2 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM NUMBER (JUL 2013)

L.3 352.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

L.4 52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION

L.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.6 GENERAL INSTRUCTIONS TO OFFERORS RELATED TO THIS SOLICITATION

L.7 INSTRUCTION FOR SUBMISSION OF PROPOSALS

A. TECHNICAL PROPOSAL INSTRUCTIONS

B. BUSINESS PROPOSAL INSTRUCTIONS

SECTION M – EVALUATION FACTORS

M.1 GENERAL

M.2 RESPONSIBILITY

M.3 TECHNICAL ACCEPTABILITY

M.4 PRICE EVALUTION

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICE/COST

B.1 PURPOSE

The purpose of this Basic Ordering Agreement (BOA) is to provide a mechanism from which USAID may place Work Orders for providing Emergency Road Operation and Maintenance (O&M) support to the Ministry of Public Works of the Government of the Islamic Republic of Afghanistan (GIRoA) in the Northern and Eastern regions of the country as further described in Section C.

B.2 SPECIAL NOTES

1. The following general terms and conditions are included through the agreement and made a part hereof.

2. Specific services will be ordered via individual Work Orders issued against this BOA. USAID and the firm will sign separate contracts for each individual Work Order.

3. For the purpose of this agreement, Work Order means an order placed by USAID/Afghanistan under the

BOA for the performance of an Emergency Road Operation and Maintenance Support activity.

4. Work Orders must be in writing and will be issued to the BOA holder with the following information:

4.1 Brief description of requirements;

4.2 Basic Ordering Agreement and Work Order numbers;

4.3 Funding data;

4.4 Total Price of the order;

4.5 Time allowed to complete the order;

4.6 Applicable special instructions as required; and

4.7 Other pertinent information.

B.3 CONTRACT TYPE

The Work Orders resulting from this BOA will be Firm-Fixed-Price contracts (FFP) where the total price is based on the unit prices and quantities indicated in the price list in Section B.6 and payable entirely in U.S.

dollars.

B.4 CONTRACT PRICE

The contractor will be paid the firm fixed price set forth in each Work Order. The Work Order price must be based on the price list in Section B.6 and constitute complete payment for all services (including security) and materials furnished and accepted pursuant to the order.

The firm fixed price indicated in the Work Order is the maximum dollar value payable to the contractor. No additional sums will be payable for any escalation in the price of materials, equipment or labor, or because of the contractor's failure to properly estimate or accurately predict the price or difficulty of achieving the results required. The Government will not adjust the Work Order price due to fluctuations in currency exchange rates.

B.5 PAYMENT

Payment will be made in accordance with Federal Acquisition Regulation (FAR) clause 52.232-5 and must be made for work according to progress related to a schedule of values, required to be submitted per Section G.4.

B.6 PRICE LIST

Below are the price lists to be used for the Work Orders:

U.S. Standard Specifications for the Construction of Roads and

Bridges on Federal Highway Projects

Serial

Number

Sub-section Work Items Unit Unit Cost

(USD)

1 Section 203 203.01 Removal and disposal of existing structure and obstructions M3

2 203.04 Removal of Rock fall and Land slide M3

3 Section 204 204.02(a) Soil Excavation M3

4 204.06(a) Rock Excavation M3

5 204.05 Road way grading M2

6 204.09

Embankment (filling by 25cm layer with 95% MDD compaction)

Selected borrow materials

M3

7 Section 251 251.01 Placed Riprap (Stone Pitching) M3

8 Section 252 252.01 Placed Boulders (protect road) M3

9 Section 253 253.01 Gabion and Revet Mattress M3

10 Section 301 301.01 Crush Aggregate Base M3

11 Section 400 400.3.1 Asphalt Concrete at Various thickness include prime coat M.T

12 Section 552 552.01 Plain Cement Concrete, Class B

(15MPa) M3

13 Section 553 553.01 Structural Concrete, Class A

(25MPa) M3

14 Section 554 554.01 Reinforcing steel Grade 60 M.T

15 Section 602 602.01 RCC pipe 1000mm (Pre-cast) include installation L.M

16 Section 620 620.01 Stone Masonry with Mortar

(15MPa) M3

(END OF SECTION B)

U.S. Department of Transp-ortation. Federal Highways Administration. Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects. FP-14. Metric Units.

https://flh.fhwa.dot.gov/resources/specs/fp-14/fp14.pdf https://flh.fhwa.dot.gov/resources/specs/fp-14/fp14.pdf

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

The Contractor must furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the following Statement of Work/Specifications:

C.1 BACKGROUND

Since 2002, the international donor community has collectively invested approximately $4 billion into Afghanistan’s transport infrastructure, of which almost $2 billion has been invested by the United States Agency for International Development (USAID). As a result of the donor’s partnership with the Ministry of Public Works (MoPW) and the Government of the Islamic Republic of Afghanistan (GIRoA) writ large, significant accomplishments have been made in regards to rehabilitating much of Afghanistan’s road infrastructure. The improved roads include almost 2,100 km of regional roads, 650 km of national roads and 6000 km of provincial and rural roads. However, without effective maintenance the gains achieved through these investments will quickly deteriorate.

There is a pressing need for a nationwide road maintenance capability to protect and preserve the newly constructed and existing roadway assets. USAID and other donors are in the process of developing programs to strengthen MoPW’s capacity to perform operation and maintenance (O&M), however, there is an immediate need for emergency support until more sustainable projects are in place to address the country’s O&M needs.

C.2 OBJECTIVES

The objective of this Emergency Road Operation and Maintenance Support activity is to keep roads in the Northern and Eastern regions of Afghanistan (see Figure 1) in operational condition by providing emergency O&M support to the MoPW through qualified on-call Afghan firms.

The firm must perform emergency road works when a Work Order is executed by the USAID Contracting Officer in accordance with this BOA.

C.3 SCOPE

MoPW currently provides some O&M along the highways. The contractor must provide emergency O&M work that supplements, not replaces O&M responsibilities performed by MoPW.

The contractor must provide emergency repair services for existing roadways at the request of USAID.

“Emergency repair services” and “Emergency works” are defined as: work required to restore a trafficable roadway after damage. A “trafficable condition” is defined as: a road that is passable at all times, after damage resulting from unforeseen natural, man-made or any other phenomena. These events may include earthquakes, avalanches, landslides, mud slides, flooding beyond normal high water stages, acts of war or terrorism, and other structural failures that can lead to road closures through critical stretches of highways in Afghanistan.

The road links to be maintained will be in the North Region (Region 1) and East Region (Region 2), as identified by Figure 1 below, and will cover regional highways, national highways and provincial roads.

The contractor will provide all labor, security, tools, materials, supplies and logistics, including transportation as necessary to accomplish requested work.

C.4 DELIVERY & PERFORMANCE REQUIREMENTS

USAID will inform the contractor that it has received a request from the MoPW to conduct certain emergency repair services. USAID will contact the contractor and make a request to conduct a joint assessment of the site with USAID’s third party quality assurance (QA) provider. The assessment team can include a MoPW representative and/or other organization.

Based on the joint assessment, the contractor will submit a proposal for the specific work. The proposal must describe the quantity of work items, procedure, and timeline for completing the work to USAID. USAID will review the proposal for work quantity and quality and may issue a work order to the contractor.

For each Work Order, the contractor must provide a technical site supervisor who will be responsible for all work performed at the site.

The contractor must be responsible for furnishing all materials, supervision, labor, security, equipment, tools, supplies, logistics, permanent materials, and temporary materials required to perform the work.

The contractor is to provide construction quality control including inspection, and all other required documentation at the conclusion of the project.

All work for the emergency repairs, or any other work performed under the Work Orders must be performed according to the technical specifications of U.S. Department of Transportation and Federal Highway Administration Standard Specifications for Construction of Road and Bridges on Federal Highway Projects (FP-03 and FP-96).

Upon issuance of a Work Order, or a notice to proceed from the Contracting Officer, the contractor must immediately (within 24 hours) commence the required work, execute the work diligently, and complete all work within the timeframe and as specified in the Work Order and in accordance with the terms set forth herein.

The contractor must be responsible for taking photographs of the entire site, or pertinent features thereof, before the commencement of work at the site and submit the images to the Contracting Officer Representative (COR). The same view must be re-photographed upon completion of all construction work and submitted at the completion of the work.

The contractor must complete restoration so that the roadway has no defect in design, material and workmanship.

At the completion of the work, the contractor with the third party QA representative will complete the work assessment and confirm the work amount and quality according to the contract and report back to the

COR.

The contractor must provide warranty for all the works done under Work Order for 90 days after the completion of Work Order.

C.5 SECURITY

The contractor must provide security at the work site and for equipment at the site.

The security provided by the contractor must include the protection of persons, material and equipment during Work Order period of performance.

All security incidents must be reported to USAID/ Partner Liaison Security Office through email at KabulAIDSSO@usaid.gov as required by Section H.10, Serious Incident Reporting in Afghanistan (Dec 2010)

C.6 GENDER

The Contractor must strive to increase female presence on project management and staff through the following:

A. Ensure integrity of gender objectives B. Ensure equitable participation in professional development to build a critical mass of women in technical positions C. Create female-friendly environments to address gender-based constraints

C.7 ENVIRONMENTAL MITIGATION MEASURES

For each Work Order, the contractor must employ all of the following environmental mitigation measures:

A. Mitigation Measures for Noise Control:

1. Proper maintenance and use of machinery according to best practices and manufacturer’s specifications.

2. Use machinery during times when people living in vicinity (if any) are less likely to be affected.

3. Workers using machinery must use proper protective gear, use ear muffs or plugs.

B. Mitigation Measures for Dust Control and Air Quality:

1. Sprinkle water on road surface during road works.

2. Speed control traffic in order to reduce dust generation.

3. Trucks carrying earth, sand or stone will be covered with tarps to avoid spillage.

4. Operate machinery according to manufacturer’s specifications; avoid long idling; use best quality fuel available.

C. Mitigation Measures for Contamination, Pollution, Siltation:

1. Ensure proper waste disposal of any waste generated.

2. Maintain machinery to minimize oil leaks; any oil leaked will be captured and properly disposed of.

3. Ensure proper sanitation standards for workers.

4. Fueling operations must occur only within containment areas.

5. There must be no direct discharge of sanitary wastewater, wash water, chemicals, spoil, waste oil or solid waste to surface water bodies.

6. Rain run-off from the construction sites must not be deposited directly into any watercourse, stream, or canal and will indicate the system proposed, including the locations of retention ponds and other facilities.

D. Mitigation Measures for Community Health and Safety:

1. Ensure that local population is informed beforehand about construction activities and understand safety measures to be adhered to.

2. Use appropriate signage and guards to keep population away from construction sites.

3. Ensure speed control.

(END OF SECTION C)

SECTION D – PACKAGING AND MARKING

The contractor must develop a Branding and Marking Plan (BMP) to ensure the program and publicity materials clearly communicate that assistance from the U.S. Government is made possible by the generous support of the American people.

Successful recipients must agree to follow the branding and marking policies established for acquisition awards under ADS Chapter 320. The details of these policies and the official USAID GraphicStandards Manual, which includes guidelines on proper logo use and positioning, verbal branding and attribution, and co-branding with implementing partner logos, can be found on the USAID website at www.usaid.gov/branding. Adhering to these guidelines in the ADS and the Graphic Standards Manual are compulsory for all USAID-funded program and communications materials.

Contractors must submit the draft BMP within 45 calendar days of the effective date of the award for the COR’s approval.

(END OF SECTION D)

https://www.usaid.gov/sites/default/files/documents/1868/320.pdf https://www.usaid.gov/sites/default/files/documents/1869/USAID%20Graphics%20Standards%20Manual%20and%20Partner%20Co%20Branding%20Guide%20February%202016.pdf https://www.usaid.gov/sites/default/files/documents/1869/USAID%20Graphics%20Standards%20Manual%20and%20Partner%20Co%20Branding%20Guide%20February%202016.pdf http://www.usaid.gov/branding

SECTION E – INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at Federal Acquisition Regulation (FAR) 52.252-2 “Clauses Incorporated by Reference" in Section E of this contract. The full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/FAR/.

FEDERAL ACQUISITION REGULATION (FAR)

NUMBER TITLE DATE

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

52.246-4 INSPECTION OF SERVICES – FIXED PRICE (AUG 1996)

E.2 INSPECTION AND ACCEPTANCE

USAID inspection and acceptance of services, reports and other required deliverables or outputs shall be made in accordance with the requirements set forth in Section C. Inspection and acceptance shall take place at respective project site or at any other location where the services are performed and reports and deliverables or outputs are produced or submitted.

Inspection of all deliverables required under the Work Order shall be made by the Contracting Officer’s Representative (COR) to be designated in the Work Order. Acceptance of services, reports and other deliverables by the COR shall form the basis for payments to the Contractor.

E.3 FINAL PROJECT ACCEPTANCE

Final Acceptance is deemed to have occurred when the Contractor has fully satisfied the Warranty obligation in accordance with the requirements of the Contract. The final project acceptance for the Work will occur upon the expiration of the warranty period. USAID must receive the Final Report and Warranty Report that demonstrates that all works have been completed. The warranty retainer must be released to the contractor upon COR’s recommendation to the CO, and the CO issuing Final Project Acceptance.

(END OF SECTION E)

http://www.acquisition.gov/FAR/

SECTION F – DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR 52.252-2 “Clauses Incorporated by Reference" in Section F of this contract. The full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/FAR/

FEDERAL ACQUISITION REGULATION (FAR)

NUMBER TITLE DATE

52.211-18 Variation in Estimated Quantity APR 1984 52.242-14 Suspension of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997

F.2 PERIOD OF PERFORMANCE

The period of performance for the BOA will be 12 months (one year) from the date of the Contracting Officer’s signature of this BOA.

Work Orders placed against this Basic Ordering Agreement may not exceed 12 months after the expiration date of the BOA unless otherwise modified in writing by the Contracting Officer. New Work Orders may not be issued after the expiration of the BOA.

Regardless of the expiration date, the BOA firm is responsible for performing all works required under each Work Order.

This BOA may be terminated in its entirety by either party upon thirty (30) days of written notice to the other party.

F.3 WARRANTY

The warranty period will be for a period of 90 days, after Final Acceptance of the work. As set forth in Section C, the roadway must remain trafficable for 90 days after the Work Order period of performance has expired.

Warranty Retention: USAID will retain 10% of the final Job Order price in order to assure that guaranteed work required during the warranty period will be performed by the contractor. This Warranty Retention will be released upon issuance of the Final Project Acceptance.

http://www.acquisition.gov/FAR/

F.4 DELIVERY REQUIREMENTS

The services provided under this Basic Ordering Agreement must be delivered in the manner and in accordance with the schedule specified in the orders.

F.5 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

ALTERNATE I (APR 1984)

The Contractor shall be required to:

(a) Commence work under this Basic Ordering Agreement within 1 calendar day after the date the Contractor receives the notice to proceed.

(b) Prosecute the work diligently, and

(c) Complete the entire work ready for use not later than [the dates specified in the Work Order].

The time for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed [as set forth in the Work Order]. The completion date will be extended by the number of calendar days after the above date that the Contractor received the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

F.6 DELIVERABLES AND DELIVERABLES SCHEDULE UNDER WORK ORDERS

The Contractor must promptly notify the Contracting Officer’s Representative (COR), of any problems, delays, or adverse conditions which materially impair the Contractor’s ability to meet the requirements of the Work Order.

The Contractor must deliver the following deliverables to the COR, unless otherwise stated below, as upon issuance of a Work Order:

1. Branding and Marking Plan: The contractor must submit its Branding and Marking Plan within forty-five (45) days of issuance of this BOA. Successful recipients must agree to follow the branding and marking policies established for acquisition awards under ADS Chapter 320.

The details of these policies and the official USAID GraphicStandards Manual, which includes guidelines on proper logo use and positioning, verbal branding and attribution, and co-branding with implementing partner logos, can be found on the USAID website at www.usaid.gov/branding. This BMP will be utilized in Work Orders issued under this Work

Order.

2. Site Assessment Report: The contractor must submit a detailed site assessment that includes a sketch of the site, general layout plan, work item quantities, detailed shop drawings, schedule of the work, and procedure of completing the work before commencing the work.

The date of delivery for the Site Assessment Report will be specified in the Work Order. The https://www.usaid.gov/sites/default/files/documents/1868/320.pdf https://www.usaid.gov/sites/default/files/documents/1869/USAID%20Graphics%20Standards%20Manual%20and%20Partner%20Co%20Branding%20Guide%20February%202016.pdf http://www.usaid.gov/branding

Contractor must also address how it will integrate the environmental mitigation measures set forth in Section C.7 into its procedures for completing the work.

3. Daily Status Report: These reports must be submitted to the COR daily. These reports are to be a concise status report that summarize results and progress, and identifies construction problems, according to an agreed upon format that can easily be updated. The reports must also include how the environmental mitigation measures of Section C.7 are being applied. The report must have clear photographs from each work segment.

4. Final Report: The final report is due no later than seven (7) days after work has been completed. The final report must, at a minimum, include a description of the work performed, the final completion date of the work performed, the actual amount of resources and level of effort utilized, photographs of the repaired area, final geospatial coordinates, and a list of the environmental mitigation measures utilized.

5. Monitoring and Evaluation Report (M&E Report): This report must be submitted to COR and upload to Afghan Info System after the work has been completed. The report must include the following items:

a. Kilometer(s) of roads constructed or repaired; and

b. Emergency work orders completed by USAID and its Implementing Partners.

The date of delivery of the M&E Report will be specified in the Work Order.

6. Warranty Report: The Contractor must provide a detailed warranty report to the COR no later than seven (7) days after warranty period ends. The report must have details of existing site conditions and all work done for defects rectification (if there was any) with their pictures. After review and acceptance, the contractor may obtain the release of the Warranty Retention.

All reports and other deliverables shall be sent to the COR (or if requested, to the CO). The addresses for submission of report and deliverables will be provided in the Work Order.

F.7 KEY PERSONNEL

The contractor must provide the site supervisor as key personnel for the performance of the contract. The site supervisor will be responsible for project management, quality management, supervision, attention to details and also maintaining safe, secure, and healthy work environment by following and enforcing standards and procedures; and complying with legal regulations.

This individual must have at least a BSc in Civil Engineering or related field with three years of related experience.

(END OF SECTION F)

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 ADMINISTRATIVE CONTRACTING OFFICE

The responsible USAID/Afghanistan office for post-award administration of this BOA is:

Contracting Officer Office of Acquisition & Assistance, USAID/ Kabul, Afghanistan U.S. Embassy/Kabul

G.2 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

To assist in fulfilling the Contracting Officer’s responsibilities to ensure compliance with the terms of the BOA and resulting Work Orders, the Contracting Officer will designate a Contracting Officer’s Representative (COR). The COR and his/her address for this award is:

[To be determined at award] Office of Infrastructure (OI) USAID/Kabul, Afghanistan US Embassy/Kabul Kabul, Afghanistan

A formal letter by the Contracting Officer will be issued to the Contractor after the signing of the Basic Ordering Agreement (BOA). The roles, responsibilities and authorities of the COR will be clearly set forth in that letter.

G.3 PROCEDURES FOR PLACING WORK ORDERS

a. USAID will order any supplies and services to be furnished under this BOA by issuing Work Orders from the effective date of the BOA through its expiration date.

b. Upon notification by MoPW that assistance is needed, the USAID Contracting Officer will inform the contractor that it has received a request from the MoPW to conduct certain emergency repair services. USAID will contact the contractor and make a request to conduct a joint assessment of the site with USAID’s third party quality assurance (QA) provider. The assessment team can include a MoPW representative and/or other organization.

c. Based on the joint assessment, the contractor must submit a proposal for the specific work. The proposal must describe the quantity of work items, procedure, and timeline for completing the work to USAID.

d. USAID will review the proposal for work quantity and quality and may issue a Work Order to the Contractor.

e. By signing the Work Order, the Work Order Contractor must certify that to the best of the Work Order Contractor’s knowledge and belief:

1. All of the statements, representations, covenants, and/or certifications required or set forth in the submitted documents in response to the Request for Proposals and the BOA are still complete and accurate as of the date of this Agreement. This certification includes that there have been no changes in the Key Individuals per Section H.8 (Vetting).

2. The Contractor knows of no legal, contractual, or financial impediment to entering into this Contract.

3. The person signing is legally authorized by the Contractor to sign this Contract on behalf of the Contractor and to legally bind the Contractor to the terms of the Contract.

f. Work Orders will be placed on a rotating basis amongst the BOA holding firms. The firm to take the first order and the rotating turn will be determined by USAID randomly. The rotation of placing orders will be based upon the Contractors selected for each region. However, USAID reserves the right to make the rotation among all the BOA holders regardless of the region they identified during the submission of the proposal in order to provide equitable distribution of Work Orders or respond to MoPW requests, provided that the selected Contractor is interested and willing to perform the task outside of their designated region.

G.4 PAYING OFFICE

The paying office under this BOA is:

Office of Financial Management USAID/Kabul, Afghanistan 6180 Kabul Place Dulles, VA 20189-6180 Email: kabulaidevouchers@usaid.gov

G.5 ACCOUNTING AND APPROPRIATION DATA:

To be provided upon Work Order award.

mailto:kabulaidevouchers@usaid.gov

G.6 INVOICING/PAYMENT INSTRUCTIONS

Upon completion of the work required in the work order, the contractor must invoice and be paid for 90% (ninety percent) of the total price of the work order. Upon expiration of the warranty period and issuance of Final Project Acceptance (see Section F.3), the contractor must invoice and be paid the remaining 10% (ten percent). The request must be sent to the COR and CO.

The Contractor must make payment requests using Standard Form (SF) 1034, Public Voucher for Purchases and Services other than Personal (SF-1034). Copies of the SF 1034 may be obtained from the USAID web site at: http://www.usaid.gov/forms/. Payment will be made by USAID/Afghanistan, Office of Financial Management at the address provided above. The Contractor must provide Bank information on SF 1034 in order to receive payments.

G.7 CONTRACTOR’S PRIMARY POINT OF CONTACT

The Contractor must provide a primary point of contact for the length of the BOA. This person must serve as USAID’s primary point of contact for the BOA, including for purposes of issuing work orders per Section G.3. The primary point of contact must, at a minimum, be able to communicate orally and in writing in English.

< Name of Contractor’s Point of Contact (POC) to inserted during the signing of the BOA and Work Orders>

(END OF SECTION G)

http://www.usaid.gov/forms/

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 AUTHORIZED GEOGRAPHIC CODE

The authorized geographic code for procurement of goods and services under this contract is 937.

H.2 CONSENT TO SUBCONTRACTS (AUGUST 2016)

(a) In accordance with FAR 52.244-2, Subcontracts, Contracting Officer’s consent has been provided to award subcontracts as proposed in the contractor’s proposal which resulted in the award of this contract to the following firms for the services or supplies specified in the prime contractor’s proposal:

Name of Subcontractor Services/Supplies to be Provided

1. TBD TBD

2. TBD TBD

3. TBD TBD

(b) The Contractor must request Contracting Officer consent and submit the information required by the aforementioned clause for any subcontracts requiring consent but not listed here. In order for the Contractor to receive consent to subcontract; it must address each of the elements in FAR 44.202-2 for each subcontractor. If the Contractor chooses not to request consent to subcontract at the time of proposal submission, it still must identify all subcontractors and lower tier subcontractors proposed to perform work under the contract.

(c) Contractors are required to obtain Contracting Officer’s consent for any fixed-price subcontracts that exceed the simplified acquisition threshold and consent must be required for subcontracts under prime contract for architect-engineer and construction services.

H.3 USAID/AFGHANISTAN RIGHT TO PROCURE FROM OTHER SOURCES (AUGUST 2016)

The Government, under the terms of this contract, retains the right to procure similar services from other sources during the period of this contract. USAID reserves the right to contract with other entities outside of this contract to develop and/or implement activities and projects, including ones that have been identified, studied, developed and/or designed to a prescribed level by the Contractor under an approved contract.

H.4 RESERVED

H.5 USAID/AFGHANISTAN SUB-AWARD REQUIREMENTS (APRIL 2016)

A. Applicability: This section limits the number of tiers of sub-awards to two tiers below the awardee for all awards. The Implementing Partner must not allow lower-tier sub-awards without the express written approval of the Contracting Officer.

B. Definitions: The term "award" in this clause refers to the direct award between USAID and the

Implementing Partner (IP). A "first-tier sub-award" is a direct award between the IP and a sub-awardee

(the "first-tier sub-awardee"). A "second-tier sub-award" is a direct award between the first-tier sub-awardee and its sub-awardee (the "second-tier sub-awardee").

C. USAID's objective is to promote, to the extent practicable, competitive, transparent, and appropriate local sub-awards with legitimate and competent sub-awardees. IP’s must ensure that all sub-awardees at any tier are actively engaged in the performance of sub-awarded work. IP’s must ensure that sub-awardees do not engage in "brokering" or "flipping" their sub-awards under this award and that all sub-awardees at any tier self-perform appropriate portions of the work. "Brokering" or "flipping" is the practice of a sub-awardee receiving a sub-award and either selling such sub-award or not performing a significant percentage of the work with the sub-awardee's own organization.

D. Should exceptional circumstances warrant sub-awards below two tiers, the IP must promptly request approval in writing from the Contracting Officer, which for contracts may be done in conjunction with a request under FAR 44, provided that the additional information set forth in paragraph E. below is also provided.

E. An IP’s written request for approval to allow sub-awardees below the second tier will include the following information:

(i) Sub-award number and title (or a general description of the sub-award work) of the existing sub-award;

(ii) Detailed explanation regarding why the work to be performed by the lower-tier sub-awardee cannot be performed by the prime or the two levels of sub-awardees.

(iii) The total value of the work and total value of the work to be self-performed by the existing sub-awardee;

F. For purposes of calculating tiers, the following will not be considered a tier:

(i) subsidiaries of the awardee;

(ii) members of a joint-venture, provided the joint venture is either the awardee or otherwise a "tier" hereunder;

(iii) employment awards for a single individual, provided that such individual issues no further sub-awards;

(iv) suppliers/service providers for component parts for a sub-award issued for finished commodities purchased on the market. Only the sub-awardee supplying the finished commodity will be considered a "tier" for purposes of this clause/provision;

(v) suppliers of administrative or professional services incidental to the completion of the award nor their sub-awardees, such as legal or financial services, provided such suppliers or their sub-awardees do not perform substantive work related to the award.

G. Unless an exception is provided per section D. above. The IP will include this clause in all sub-awards, and will require sub-awardees to include this clause in all lower-tier sub-awards. The IP is responsible for compliance with this clause/provision by all sub-awardees and lower-tier sub awardees.

H.6 ADS 302.3.5.17 LIMITATION ON SUBCONTRACTING TO NON-LOCAL ENTITIES (MAY 2012)

(a) Applicability. This clause applies to (i) contracts that have been awarded to those local entities under the authority of and as defined in Section 7077 of Public Law 112- 74, the Consolidated Appropriations Act, 2012 (P.L. 112-74), also known as "Local Competition Authority" and (ii) contracts awarded to local entities (as defined in Section 7077 of Public Law 112-74) under the authority at AIDAR 706.302-70.

(b) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract for—

(1) Services (except construction), at least 50 percent of the cost of contract performance incurred for personnel must be expended for employees of the prime/local entity.

(2) Supplies (other than procurement from a non-manufacturer of such supplies), the prime/ local entity concern must perform work for at least Text highlighted in yellow indicates that the material is new or substantively revised. 10 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction, the prime/ local entity concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors, the concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

(c) By submission of an offer and execution of a contract, the Offeror/Contractor represents that it is an individual, a corporation, a nonprofit organization, or another body of persons that—

(1) Is legally organized under the laws of;

(2) Has as its principal place of business or operations in; and

(3) Either is-- (A) majority owned by individuals who are citizens or lawful permanent residents of; or

(B) managed by a governing body the majority of whom are citizens or lawful permanent residents of;

a country in which this contract will be primarily performed.

(d) For purposes of this clause, “majority owned” and “managed by” include, without limitation, beneficiary interests and the power, either directly or indirectly, whether exercised or exercisable, to control the election, appointment, or tenure of the organization's managers or a majority of the organization's governing body by any means.

H.7 USAID/AFGHANISTAN PUBLIC POSTING (APRIL 2016)

The Implementing Partner must provide a redacted version of the award within 30 days of the effective date and direct the request and redacted copy via e-mail to kblaidoaacompliance@usaid.gov or the award will be posted without alteration on the USAID/Afghanistan website.

H.8 USAID/AFGHANISTAN VETTING REQUIREMENT (APRIL 2016)

The Implementing Partner (IP) must comply with USAID/Afghanistan’s Mission Order 201.06, National Security Screening (Non-U.S. Party Vetting).

A. In accordance with USAID/Afghanistan Mission Order 201.06 - National Security Screening (Non-U.S

Party Vetting) the IP must complete and submit a "USAID Information Form" for:

a. Itself, if it is a non-U. S. entity;

mailto:kblaidoaacompliance@usaid.gov

b. Each subcontractor or subcontractor of a subcontractor, regardless of the tier, valued cumulatively at $25,000 or more, that is a non-U.S. entity; or

c. Each key individual that is a non-U.S. entity.

B. For purposes of this requirement, the following definitions apply:

a. ''Non-U.S. entity” means:

i. any non-US citizen or non-permanent legal resident of the United States: or

ii. any entity that is not formed in the United States or for which 50% or more of the equity is owned or controlled by persons who are not U.S. citizens or permanent legal residents of the United States.

b. "Key individuals” means:

i. an individual or entity owning 10% or more equity stake in the organization, whether publically- or privately-held:

ii. principal officers of the organization's governing body (e.g., chairman, vice chairman, treasurer or secretary of the board of directors or board of trustees):

a) the principal officer and deputy principal officer of the organization (e.g., executive director, deputy director; president, vice president);

b) the program manager or chief of party for the USAID-financed program:

and

c) any other person with significant responsibilities for administration of

USAID financed activities or resources.

C. The requirements of paragraph A. of this clause must be completed prior to the Government's acceptance of the contract and following that, at the earlier of:

a. Once a year; or

b. When there is a change or addition to any entity or person identified in paragraph A.

D. USAID reserves the right to rescind approval for a sub-award in the event that USAID subsequently becomes aware of information indicating that the sub-award is contrary to U.S. law or policy prohibiting support for terrorism, or facilitating criminal activity. In such cases, USAID's Contracting Officer will provide written instructions to the implementing partner to terminate the sub-award.

H.9 RESERVED

H.10 SERIOUS INCIDENT REPORTING (SIR) IN AFGHANISTAN (AUGUST 2016)

The prime implementing partner is responsible for reporting all serious incidents during performance of the award. This reporting shall apply to the prime implementing partner and all sub-awardees regardless of the tier (subs of subs and lower, etc.). In addition to reporting, the prime implementing partner is responsible for ensuring timely investigation of all serious incidents and maintaining on file all records of reported serious incidents.

A serious incident is defined (but not limited to) the following incidents affecting an employee or the implementation of activities paid for with U.S. Government funding regardless of the funding source and tier of the organization:

1. Arrest – A legal detention by the Afghanistan National Security Forces (ANSF) or Coalition Forces

(CF)

2. Complex Attack – An attack using multiple means of engagement such as a Improvised Explosive

Device (IED) followed by small arms fire

3. Demonstration – An organized act of protest against legitimate operations that results in violence or the threat of violence

4. Harassment – Interference in legitimate operations by ANSF, RS, or local civilian forces

5. Indirect Fire (IDF) – Attacks in which weapons are not directly aimed at the target (such as mortars, artillery, emplaced rockets but not rocket propelled grenades -RPGs)

6. Improvised Explosive Device (IED) – A bomb made and delivered in a non-conventional way (body borne IED, vehicle borne IED, remote control IED, magnetic IED etc.)

7. Capture - Illegal or hostile detention by insurgents or criminals for any length of time

a. Abduction: the act of taking someone away by force or fraud

b. Kidnapping: the abduction of a person by force or fraud for use as a hostage

c. Hostage: a person given or held as security for the fulfillment of certain conditions or terms, promises, etc., by another.

8. Land Mine – A manufactured anti-personnel or anti-vehicle mine.

9. Motor Vehicle Accident (MVA) – An airplane, motorcycle, car, or truck crash which results in injury or damage.

10. Robbery – Non-insurgent related theft of property.

11. Small Arms Fire (SAF) – a hostile engagement by a direct fire weapon (such as a pistol, AK-47, PK machine gun, RPG etc.)

12. Threat – Verbal (in-person, telephone, etc.), SMS (text message), or written message threatening violence…