Solicitation_SOL-521-15-000049.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

SOL-521-15-000049

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

July 2nd, 2015

PAGE OF PAGES

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

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

REQ-521-15-00072

6. PROJECT NO.

N/A

7. ISSUED BY CODE 521 8. ADDRESS OFFER TO

Office of Acquisition & Assistance USAID/Haiti American Embassy

Boulevard 15 Octobre Tabarre 41 Tabarre , Haití

Potential Offerors.

9. FOR INFORMATION

CALL:

A. NAME

Launa Lherisson (llherisson@usaid.gov), usaidhaitioaa@usaid.gov

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

(509) 2289-8000

SOLICITATION

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

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

The purpose of this Request for Proposal is to issue a Firm Fixed Price contract to provide construction services (labor, materials, equipment, and services) necessary to accomplish the construction of a new Pediatric Ward at Justinien University Hospital in Cap Haitien. Please refer to SECTION B and C for more details.

11. The Contractor shall begin performance within 5 calendar days and complete all activities within 540 calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See .)

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

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

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

1. Successful Offeror shall guarantee the Pricing for Bid Option 1 for 180 calendar days from the Proposal Due Date.

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

Prescribed by GSA – FAR (48 CFR) 53.236-1 (d)

OFFER (Must be fully completed by offeror) mailto:llherisson@usaid.gov mailto:OAAhaiti@usaid.gov

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

DUNS:

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

CODE N/A FACILITY CODE N/A

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

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

AMOUNTS Base Bid Amount: $

Bid Option 1: Photovoltaic System $ Total: (Base Bid + Bid Option 1) $

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

Refer to SECTION C-STATEMENT OF WORK

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN

IN

(4 copies unless otherwise specified)

ITEM

27.

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) ( ) 40 U.S.C. 113(e) (2) OFDA

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

Office of Acquisition and Assistance

USAID/Haiti American Embassy Boulevard 15 Octobre

Tabarre , Haití

Controller’s Office

USAID/Haiti American Embassy Boulevard 15 Octobre

Tabarre 41 Tabarre , Haití

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return 2 copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contact award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

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

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

Michael Rossman, Contracting Officer, OAA

30B. SIGNATURE 30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. DATE

RFP No. SOL-521-15-000049 Reconstruction of the Pediatric Ward at Justinien University Hospital

Table of Contents

PART I – THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

SECTION C – DESCRIPTION / SPECIFICATIONS / STATEMENT OF WORK

SECTION D – PACKAGING AND MARKING

SECTION E – INSPECTION AND ACCEPTANCE

SECTION F – DELIVERABLES AND PERFORMANCE

SECTION G – CONTRACT ADMINISTRATION DATA

SECTION H – SPECIAL CONTRACT REQUIREMENTS

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS64

SECTION J - LIST OF ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

SECTION M – EVALUATION FACTORS FOR AWARD

PART I – THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this contract is to provide construction services (labor, materials, equipment, and services) necessary to accomplish the construction of a Pediatric Ward at Justinien University

Hospital (HUJ) in Cap-Haitien, as further described in Section C – Scope of Work and Section J -

Attachments.

B.2 CONTRACT TYPE

This is a Firm Fixed Price Contract payable entirely in United States of America dollars (USD).

B.3 CONTRACT FIXED PRICE

The total Firm Fixed Price of this contract is To Be Determined (USD). Unless authorized in writing by the Contracting Officer (CO), the Contractor shall not be entitled to additional compensation above the total fixed price, nor above each individual Contract Line Item Numbers

(CLIN) as stated in:

1) Table B-1: CLIN Assignment for Pediatric Ward at HUJ (Base Bid)

2) Table B-1A: CLIN Assignment for Pediatric Ward at HUJ (Bid Option 1)

3) Table B-2: Unit Cost Rate for Differing/Unforeseen Site Conditions

USAID will obligate the amount as stated above for the performance and completion of the required services as described in Section C – Statement of Work, Section J – Attachments, and in accordance with the terms and conditions of this contract.

B.4 CONTRACT LINE ITEM NUMBER (CLIN) SUMMARY TABLE

A) GENERAL INFORMATION

The Contractor shall provide pricing information for each CLIN in the “Contractor Pricing Table” located in Section J – Attachments. The Contractor shall not change, add or delete additional cells, and the Contractor shall provide required information as designated cells in the pricing table. The

Contractor shall use the following Units of Measure designation:

1) Lump Sum (LS)

2) Cubic Meter (CM)

3) Square Meter (SM)

4) Linear Meter (LM)

5) Each (EA)

B) TABLE B-1 & B-1A: CLIN ASSIGNMENT FOR PEDIATRIC WARD AT HUJ

The Contractor shall provide quantity and unit price for each CLIN item for informational purposes only. The Contractor shall not be subject to additional monetary and/or time compensation from a discrepancy or variation(s) arising from the “quantity” and/or “unit cost” value. In the event of a discrepancy, the following order of precedence shall be used:

1) Grand Total

2) Line Item Total

3) Element Total Cost

C) TABLE B-2: UNIT COST RATE FOR DIFFERING/UNFORESEEN SITE CONDITIONS

The Contractors unit prices shall be inclusive of all testing, labor, materials, equipment, disposal, transportation, storage and/or mitigation efforts for Differing and/or Unforeseen Site Conditions.

B.5 PAYMENT METHOD

Payment shall be made in accordance with FAR Clauses 52.232-5, Payments under Fixed Price

Construction Contracts (MAY 2014) and the terms and conditions listed in Section B and Section C of the contract.

B.6 GENERAL PROVISIONS FOR PAYMENT

A) WORK

“Work”, “Works”, and “Project” are defined as work in accordance with Section C – Statement of

Work and Section J – List of Attachments, and under strict compliance within the intent, terms and conditions of the contract.

B) INSURANCE

The Contractor shall insure the works, materials and equipment for not less than the full reinstatement cost, including the cost of demolition, removal of debris, professional fees, and profit.

The Contractor shall insure against liability for loss, damage, death and/or bodily injury which may occur to any physical property or to any persons. The Contractor shall obtain and maintain insurance against liability for claims, damages, and losses and expenses (including legal fees and expenses) arising from injury, sickness, disease or death of any person employed by the Contractor or any other of the Contractors personnel. Insurance shall be maintained in full force and effective from the award date up to the final acceptance date.

The Contractor shall provide adequate proof of insurance to the Contracting Officer’s

Representative (COR) within fourteen (14) calendar days from Contract Award for the following:

1) Contractor Equipment

2) Builders Risk

3) Commercial General Liability

4) Business Automobile Liability

5) Employers Liability

6) Umbrella/Excess Liability

7) Workers Compensation

8) Contractors Professional Liability

9) Contractors Pollution Liability

10) Subcontractor Performance Risk

11) MEDEVAC Insurance

C) APPLICATION OF PAYMENT (AOP)

The Contractor shall submit an Application of Payment (AOP) on a monthly basis. The AOP shall clearly itemize all quantity and cost of work completed for the billing period. In the event of a discrepancy, the COR shall retain the sole and final right for determination of submitted quantities and/or costs of work completed for each AOP.

The Contractor shall develop and submit to the COR, for review and approval, no later than fourteen (14) calendar days from the date of Contract Award, the AOP format it intends to use for billing purposes. The COR reserves the right to have the Contractor update the AOP format to reflect current conditions by providing the Contractor a fourteen (14) calendar day written notice at no additional cost to USAID.

AOP’s for a Sub-Contractor’s work shall not exceed the percentage of work allocated to that Sub-

Contractor for each respective Schedule of Value(s), and shall not exceed the total value of the subcontract amount.

D) BILLING PERIOD / PAYMENT CYCLE

The billing period is defined as the period in which all work completed shall be submitted for payment by the Contractor. The billing period/payment cycle shall be monthly and commence at mid-night on the 15th of each month and conclude at 11:59 pm on the 14th of the following month.

The Contractor may request a revised date for review and approval to the COR no later than fourteen (14) calendar days upon Contract Award (CA).

E) BILLING DUE DATE

AOPs shall be submitted no later than the 25th of each month, or the following work day should the 25th fall on the weekend or a holiday as observed by the US Embassy located in Port-au-Prince, Haiti. The Contractor may request a revised date for review and approval to the COR no later than fourteen (14) calendar days upon CA.

F) SCHEDULE OF PAYMENT / PAYMENT SCHEDULE

In accordance with FAR 52.232-5 (Payments under Fixed-Price Construction Contracts), and as detailed in Section B – Supplies or Services and Price/Costs, USAID will make monthly progress payments to the Contractor for performance rendered under this contract. Unless otherwise specified, the Contractor will receive payment based upon percentage estimate of actual work completed. The Contractor shall submit percentage completed in accordance with the approved

Schedule of Values (SOV). In the event of a discrepancy, the COR shall retain the sole right and authority to determine percentage completed.

G) RETENTION

The COR will withhold ten (10) percent of each approved AOP until Final Acceptance of the project has occurred, in lieu of a performance bond. The remaining retention value will be released to the Contractor upon successful of the completion of the warranty period, as described in Section

E – Inspection and Acceptance and Section J – List of Attachments.

H) PERCENTAGE OF WORK COMPLETE

Defined as an accounting method whereby the unit(s) of actual work complete is recognized in each billing period as the contract progresses toward completion. Percentage of completion shall be used to determine the value for each AOP, unless otherwise specified in the contract documents.

Percentage of completion shall be determined by comparing the actual work completed in a billing cycle in relation to the approved Critical Path Method (CPM) based schedule and SOV.

I) SCHEDULE OF VALUES ( SOV)

The Contractor shall submit, no later than fourteen (14) calendar days after Contract Award, a detailed SOV to the COR for review and approval. The SOV shall not exceed the total contract price and each individual Contract Line Item Number (CLIN).

USAID has assigned specific Contract Line Item Numbers (CLIN) to represent each major contract item per Section B.4 – Contract Line Item Number Summary Table. The Contractor shall utilize the CLIN numerical system and provide additional sub-elements under each CLIN with accurate quantity, unit cost and total value for each element. The SOV shall contain enough detail to permit accurate payment on a Percentage of Work Complete basis (as described above). Under no circumstance, shall the total aggregate dollar value of each “element total cost” exceed the amounts shown in Table B-1: CLIN Assignment for Pediatric Ward at HUJ (Base Bid) and Table B-1A: CLIN

Assignment for HUJ (Bid Option 1).

The approved baseline SOV shall be used for all payment applications, unless otherwise stated in the contract documents. The Contractor shall submit an updated SOV with each AOP and shall succinctly compare the submitted SOV to the approved baseline SOV. The Contractor shall be responsible to ensure the estimated cost of performing the uncompleted and unpaid portion of the

Work, does not exceed the unpaid balance of the fixed price contract.

J) ADMINISTRATIVE REQUIREMENT PAYMENT

Administrative Requirements is defined as the sum of the amounts that the Contractor actually and necessarily incurs in the performance of constructing the Works in strict compliance and intent of the contract documents. The Contractor’s administrative requirement cost is the maximum amount payable to the Contractor for any cost or profit expectation incurred during the performance of the contract that is not specifically identified as eligible for reimbursement elsewhere in the contract. Administrative requirement shall consist of:

CLIN Description

0.0 (A) Administrative Requirements

0.1 (A) Insurance

0.2 (A) General Requirements

0.3 (A) Profit

0.4 (A) (De)Mobilization

3.0 (A) Inspection Services

1) Insurance, General Requirements and Inspection Services

The Contractor shall utilize a daily billing rate for Insurance, General Requirements and Inspection

Services. The daily rate shall be multiplied by the applicable number of calendar days within each billing period for each AOP. In the event of an approved time extension, a new daily rate shall be established by dividing the original value of CLIN’s, by the new period of performance. In the event of an over billing, the Contractor shall reduce the amount billed accordingly, until the balance has been repaid in its entirety. In the event of a delay determined to be the fault of the Contractor, the number of applicable calendar days of delay shall not be billed in the AOP for the respective billing period(s). The daily billing rate shall be determined per the following:

In the event the Contractor successfully performs the requirements of the contract prior to the period of performance, the Contractor will be entitled to request the remaining value of the applicable CLIN, less retention, upon Final Acceptance of the Works.

2) (De)Mobilization

The Contractor will be entitled to request a single lump sum payment for Mobilization, not to exceed seventy-five (75) percent of CLIN 0.4 (A), upon successful completion of the requirements as described in Section C – Statement of Work. The Contractor will be entitled to request the remaining twenty-five (25) percent value of CLIN 0.4 (A) upon Final Acceptance and demobilization as described in Section E – Inspection and Acceptance and Section J – List of Attachments.

3) Profit

The Contractor will be entitled to request a single lump sum payment for Profit (CLIN 0.3 (A)), upon Final Acceptance and demobilization as described in Section E – Inspection and Acceptance and Section J – List of Attachments.

K) CONSTRUCTION SERVICES

Construction cost is defined as the sum of the amounts that the Contractor actually and necessarily incurs constructing the Work in strict compliance and intent of the contract documents. The

Contractor’s construction cost is the maximum amount payable to the Contractor for any cost or profit expectation incurred in the performance of the contract that is not specifically identified as eligible for reimbursement elsewhere in the contract.

The Contractor shall use “Percentage Work Complete” as described above as the basis for determining monthly construction activity payments for each AOP. The Contractor shall use the approved baseline SOV to indicate quantity of work complete, and describe the methodology used to calculate the percentage of work complete for each value. The COR shall reserve the right to determine the final value of work submitted for each AOP. Under no circumstance shall the

Contractor submit for payment or be entitled to additional compensation for quantities above the approved SOV and payment above the total fixed price as described herein, unless otherwise approved in writing by the CO.

L) CASH FLOW ESTIMATE

No later than fourteen (14) calendar days after the acceptance of the approved detailed baseline schedule, the Contractor shall submit for review and approval to the COR, a detailed cash flow estimate in the form of an ‘S’ curve illustrating anticipated cumulative financial turnover over the duration of the project, superimposed on a bar chart of anticipated cumulative progress. The Contractor shall provide a preliminary cash flow estimate with the preliminary schedule and a revised cash flow estimate with the approved detailed baseline schedule. The Contractor shall provide the COR an updated detailed cash flow estimate with each AOP upon approval of the baseline cash flow estimate.

M) COST REIMBURSABLE UNIT RATE FOR DIFFERING/UNFORESEEN SITE CONDITIONS

In the event the Contractor discovers differing and/or unforeseen site conditions, the Contractor shall immediately notify the Contracting Officer and COR for further direction. Upon written approval from the Contracting Officer, the Contractor shall remove and properly dispose of the undesirable materials in accordance with local regulations and the conditions of this contract. The

Contractor may be entitled to additional compensation as defined in the Pricing Tables included in

Section J – List of Attachments, and an extension in period of performance per the written direction of the Contracting Officer.

N) TAXES, DUTIES, FEES

This contract is exempt from all duty, local, state, federal and value added taxes. Upon written request, the COR will provide the Contractor an official tax exemption letter and notification upon

Contract Award. The Contractor shall be solely responsible and liable for taking advantage of the tax exemption status.

O) PARTIAL / MONTHLY PAYMENTS

Partial or monthly payments made by USAID shall not constitute, or be construed to constitute, final acceptance or approval of the work to which the partial payment relates. Nor shall partial or monthly payments made by USAID constitute, or be construed to constitute, a release of the

Contractor from any of its obligations or liabilities with the performance of this contract. USAID reserves the right to adjust for overpayment at a later date at its sole discretion.

P) FINAL PAYMENT

The Contractor’s Request for Final Payment shall not be made until all Work is completed and all requirements of the Contract Documents have been fully satisfied, including without limitation:

delivery to USAID of a complete release of all liens and claims arising out of the Work; and an affidavit that, to the best of the Contractor information, knowledge and belief, the release includes and covers all materials and services over which the Contractor has control and for which a lien could be filed and that all known debts and claims arising from the Project have been satisfied.

Alternatively, the Contractor may, at its sole expense, furnish a bond satisfactory to USAID to indemnify USAID against any lien arising out of the Work. If any lien is asserted against USAID after all payments are made, the Contractor shall reimburse USAID for all damages and costs USAID may incur in discharging such lien, including all costs or court and reasonable attorneys’ fees, and USAID shall retain all other remedies available to it at law and in equity.

Q) WITHHOLDING OF PAYMENTS

The COR reserves the right to withhold payments due to the Contractor if it determines such sums as are necessary to protect USAID against any loss or damage which may result from negligence by the Contractor or any Subcontractor, or failure of the Contractor or any Subcontractor to perform their obligations under this contract, at its sole discretion. Notwithstanding any other contractual provision to the contrary, the COR shall not be obligated to make payment to the Contractor under any of the following circumstances:

1) The Contractor persistently fails to perform the Work in accordance with the Contract

Documents or is otherwise in material breach or default under this contract.

2) The payment request includes services that are not performed in accordance with the

Construction Documents.

3) The payment request has insufficient documentation to support the amount of payment requested for Project costs.

4) The Contractor is in violation of the local wage requirements or has failed to make payments promptly to Subcontractors or other third parties used in connection with any services or materials for which USAID has made payment.

5) If USAID, in its good faith judgment, determines that the unpaid balance of the Fixed

Price Value is not sufficient to complete the remaining work in accordance with the

Construction Documents.

6) The Contractor has persistently failed to complete the Work in accordance with the

CPM Schedule requirements or if USAID, in its good faith judgment, determines that the remaining Work will not be completed within the contract time.

7) The Contractor is insolvent, makes a general assignment for the benefit of its creditors or otherwise seeks protection under the laws and regulations of the bankruptcy courts.

B.7 APPLICATION OF PAYMENT SUBMISSION

Each AOP should be in submitted in one (1) Adobe PDF format; however the Contractor may elect to submit more than one (1) PDF file by numerically numbering and naming each PDF file in the correct sequence. The Contractor shall provide native non-PDF files to the COR within five (5) calendar days upon written request. The Contractors’ AOP shall be placed on “hold” status until all documentation has been submitted. The Contractor shall submit each AOP electronically to the following representatives:

1) USAID/Haiti - Financial Management Office – UsaidHaitiVouchers@usaid.gov

2) Contracting Officer’s Representative – To be provided

3) Alternate Contracting Officer’s Representative – To be provided

4) Construction Management Consultant (CMC) – To be provided

The COR shall retain the right to add or change representatives and/or submission requirements at its sole discretion. In the event this occurs, the COR will provide written guidance no later than five (5) calendar days prior to the effective date. Each AOP shall be:

1) In compliance with the CFR 52.232-5 - PAYMENTS UNDER FIXED-PRICE

CONSTRUCTION CONTRACTS

2) Reviewed and certified by the Chief of Party

3) Reviewed and certified by the Contractors authorized representative

B) COVER PAGE

At a minimum, the Cover Page shall include the following:

1) USAID Contract Number and Project Name

2) Contractor Name

3) Contractor Address and Contact Information

4) Invoice Date and Invoice #

5) Payment Cycle

6) Bank account information for Electronic Funds Transfers (ETF) mailto:UsaidHaitiVouchers@usaid.gov

C) SF 1034 - PUBLIC VOUCHER FOR PURCHASES AND SERVICES OTHER THAN PERSONAL

The Contractor shall submit one completed and signed Standard Form (SF) 1034, “Public Voucher for Purchases and Services other than Personal” (http://www.usaid.gov/forms/).

D) SCHEDULE OF VALUES (SOV)

In accordance with FAR 52.232-5, Payments under Fixed Price Construction Contracts (May 2014), each payment request under this contract shall be accompanied by an electronic copy of the SOV which correlates the amount requested to the percentage of work completed.

E) SUBCONTRACTOR WORK

The Contractor shall submit a concise report describing:

1) The total amount of work the Contractor will subcontract to (1) local firms and (2) non-local firms. Local firms shall be defined as a firm based and registered in Haiti in which at least fifty-one (51) percent is owned and operated by a Haitian Citizen.

2) The amount of work performed and percentage of work completed by each subcontractor under the contract during the billing period.

3) Grand total value of work performed by local and non-local firms during the billing period.

4) A summary sheet indicating the amount invoiced and paid to each subcontractor under the contract for all prior AOPs

F) MONTHLY PROGRESS REPORTS

See Section F – Deliverables and Performance and Section J-Attachments.

G) ADDITIONAL DOCUMENTATION

USAID reserves the right to require the Contractor to provide additional documentation to determine the value of each AOP and verify work complete, at its sole discretion and at no additional cost to USAID.

B.8 PLACE OF PERFORMANCE

The Contractor shall refer to Section J – List of Attachments, Attachment J.2, Section 01100, paragraph 1.3.

[End of Section B] http://www.usaid.gov/forms/

SECTION C – DESCRIPTION / SPECIFICATIONS / STATEMENT OF

WORK

C.1 BACKGROUND INFORMATION

The January 2010 earthquake devastated much of the infrastructure in Haiti. With USG support, USAID has invested resources in many sectors, one of which includes strengthening the existing health system. USAID in coordination with the Government of Haiti (GoH) plans to demolish the current one story Pediatric Ward and construct a new two-story Pediatric Ward at Justinien

University Hospital (HUJ) in Cap Haitien. USAID, through a separate contract for Architectural &

Engineering Services with AECOM, has developed one hundred (100%) percent construction designs, specifications and relevant reports as further detailed in Section C – Scope of Work and

Section J – Attachments.

C.2 SCOPE OF WORK

The new Pediatric Ward at Justinien University Hospital (HUJ) will be a 1,854 square-meter two-story structure. This new structure will occupy the same site as the existing one-story pediatric ward slated to be demolished. Spaces and activities within the structure include: patient, exam, procedure rooms; soiled and clean utility rooms; conference and training rooms; and administrative offices. The new Pediatric Ward will include unfinished space on the second floor to support potential growth. Primary construction will be painted and stucco confined masonry, concrete slab-on-grade, and reinforced concrete spread footings.

The work to be performed by the Contractor will include demolition of the existing pediatric ward and construction of the new pediatric ward in accordance with the Detailed Scope of Work, including 100% Construction Drawings and Technical Specifications, as provided in Section J –

Attachments.

HUJ is located on Rue 17Q in Cap Haitien (North department), and the existing hospital campus is fully developed.

A) BID OPTION 1: PHOTOVOLTAIC SYSTEM

If Bid Option 1 is exercised by USAID, Contractor shall provide a complete photovoltaic system as shown in the 100% Construction Drawings and specified in Section 231000 Photovoltaic Collectors.

(See Section J – Attachments).

C.3 DEFINITION OF TERMS AND RESPONSIBILITIES

A) CONTRACTOR

The term “Contractor” refers to the successful Offeror under the terms and conditions of this contract with USAID. The Contractor shall provide all superintendence, labor, materials, equipment and all other provisions, whether of a temporary or permanent nature, required to execute and complete the Statement of Work as defined in Section C and in accordance with the terms and conditions of this contract.

B) CONTRACTING OFFICER (CO)

The term “Contracting Officer” or “CO” refers to the USAID Contracting Officer responsible for this contract award. Responsibilities of the CO are further defined in Section G – Contract

Administration Data.

C) CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The term “Contracting Officer’s Representative” or “COR” refers to the USAID Contracting

Officer’s Representative authorized by the Contracting officer to assist with the administration of this contract award. Responsibilities of the COR are defined in Section G – Contract

Administration Data.

D) CONSTRUCTION MANAGEMENT CONSULTANT (CMC)

The term “Construction Management Consultant” or “CMC” refers to an independent

Construction Management Consultant (CMC) firm that will be employed and funded by USAID to provide technical assistance, project monitoring, and quality assurance. Responsibilities of the CMC are further defined in Section G - Contract Administration Data.

[End of Section C]

SECTION D – PACKAGING AND MARKING

D.1 U.S. AGENCY REGULATION (AIDAR) 752.7009 MARKING (JAN 1993)

(a) It is USAID policy that USAID-financed commodities and shipping containers, and project construction sites and other project locations be suitably marked with the USAID emblem. Shipping containers are also to be marked with the last five digits of the USAID financing document number.

As a general rule, marking is not required for raw materials shipped in bulk (such as coal, grain, etc.), or for semi-finished products which are not packaged.

(b) Specific guidance on marking requirements should be obtained prior to procurement of commodities to be shipped, and as early as possible for project construction sites and other project locations. This guidance shall be provided through the COR, or by the Mission Director in the

Cooperating Country to which commodities are being shipped, or in which the project site is located.

(c) Authority to waive marking requirements is vested with the Regional Assistant Administrators, and with Mission Directors.

(d) A copy of any specific marking instructions or waivers from marking requirements is to be sent to the Contracting Officer; the original should be retained by the Contractor.

D.2 BRANDING POLICY

The Contractor shall comply with USAID’s Branding and Marking (BM) requirements as stated in

“USAID Graphics Standard Manual” available at:

http://wwww.usaid.gov/ads/policy/300/320

And any successor branding policy, 22 CFR 226.9, available at:

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title22/22cfr226_main_02.tpl

And USAID’s “Graphic Standards Manual” available at:

http://www.usaid.gov/branding

All Branding and Marking Plans and designs shall be submitted to the COR for approval prior to placement.

D.3 BRANDING STRATEGY

A) PROJECT NAME

Concisely demonstrate the Project is from “USAID - From the American People”. Signs shall be marked as: “Reconstruction of the Pediatric Ward at Justinien University Hospital”.

http://wwww.usaid.gov/ads/policy/300/320 http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title22/22cfr226_main_02.tpl http://www.usaid.gov/branding

B) SIGNAGE

The Contractor shall furnish, install and maintain a minimum of two (2) exterior and one (1) interior project signs at locations approved by the COR prior to start of work for each project site. All signs and markings shall be in compliance with the “Branding Policy” described above. Logos shall include USAID and the Haitian Ministry of Health (MSPP).

A sign no smaller than 600 by 600 mm (24 by 24 inches) shall be conspicuously placed on all temporary facilities (including trailers) depicting the company name, business phone number, and emergency contact information, including name and phone number.

C) LEVEL OF VISIBILITY

For this Contract, USAID identity shall have a high level of visibility in which its audience can grasp the extent of the aid provided by the American people.

D) ADDITIONAL MARKING INFORMATION

Deliverables shall be marked to include prominent signage in areas where program activities are carried out; external public communications, studies, reports, publications and informative and promotional products. The following disclaimer shall be used in the case of published materials in which USAID is funding: “This document was produced for review by the United States Agency for

International Development (USAID). It was prepared by “Insert Contractor Name”. USAID does not guarantee nor shall be held neither responsible nor liable for any or the whole of the contents of this publication”.

D.4 BRANDING STRATEGY

No later than fourteen (14) calendar days after Contract Award, the Contractor shall develop and submit a Branding Plan in accordance with Section D – Packaging and Marking to the COR for review and approval.

[End of Section D]

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 FAR "52.252-2 CLAUSES

INCORPORATED BY REFERENCE" in Section I of this contract. The full text of a clause may be accessed electronically at this/these address(es):

www.acquisition.gov/far/ http://www.usaid.gov/pubs/ads/300/aidar.pdf

FEDERAL ACQUISITION REGULATION (FAR) 48 CFR Chapter 1

NUMBER TITLE DATE

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

52.246-21 WARRANTY OF CONSTRUCTION APR 1984

52.246-2 INSPECTION OF SUPPLIES—FIXED-PRICE AUG 1996

E.2 INSPECTION AND ACCEPTANCE

USAID inspection and acceptance of services, reports and other required deliverables or outputs shall be subject to the performance standards set forth in Sections C and F. Inspection and acceptance shall take place at the project site, or at any other location where the services are performed and reports and deliverables or outputs are produced or submitted, as determined by the COR.

Inspection of all deliverables required hereunder shall be made by the COR and/or the CMC. The

COR has the authority to inspect and accept all services, reports and other required deliverables.

Acceptance of services, reports and other deliverables by the COR shall form the basis for payments to the Contractor.

E.3 PERFORMANCE EVALUATION

A) CONTRACTOR PERFORMANCE ASSESSMENT REPORTS

Evaluation of the Contractor's overall performance shall take place in accordance with FAR Subpart

42.15 and Subpart 36.201 and corresponding USAID procedures. The Contractor’s performance will be evaluated upon completion and acceptance of the Work, at the time of termination of the

Contract should such occur or at other times as deemed appropriate by the CO, utilizing the performance standards set forth below.

Evaluation of the Contractor’s overall performance in accordance with the performance standards set forth herein shall be conducted jointly by the COR and the CO, and shall form the basis of the

Contractor's permanent performance record with regard to this Contract. The factors to be assessed are:

1) Quality of Product or Service

2) Cost Control http://www.acquisition.gov/far/

3) Timeliness of Performance

4) Business Relations

5) Effectiveness of Key Personnel and Sub-Contractors

B) FINAL ACCEPTANCE EVALUATION

The Contractor will receive an assessment of performance for the contract. Contract assessments will be provided within ninety (90) days prior to Final Acceptance, and will be carried out by the

COR under the overall direction of the CO. The assessment will be signed by the COR and CO.

The Contractor shall have thirty (30) calendar days to comment and/or rebut the assessments.

USAID will have thirty (30) calendar days after receipt of the Contractor's comments or rebuttal to review and make a final determination.

C) INTERIM EVALUATION(S)

Interim performance evaluations may be conducted at the sole discretion of the COR and CO.

Assessments will be carried out by the COR under the overall direction of the CO. The assessment will be signed by the COR and CO. The Contractor shall have thirty (30) calendar days to comment and/or rebut the assessment. USAID will have thirty (30) calendar days after receipt of the Contractor's comments or rebuttal to review and make a final determination.

E.4 FAR 52.246-4 INSPECTION OF SERVICES—FIXED-PRICE (AUG 1996)

(a) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Government may—

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may—

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

E.5 FAR 52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC

2014)

The Contractor shall comply with the higher-level quality standard selected below. Construction shall be in accordance with internationally recognized building and safety codes, ordinances and standards applicable to the project site, but not limited to the following:

(a) 2009 International Building Code (IBC)

(b) 2009 International Plumbing Code (IPC)

(c) 2009 International Mechanical Code (IMC)

(d) 2009 International Fire Code (IFC)

E.6 CLOSEOUT PROCEDURES

See Section J – List of Attachments, Specifications, Section 017700 – Closeout Procedures.

[END OF SECTION E]

SECTION F – DELIVERABLES AND PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES

INCORPORATED BY REFERENCE" in Section I of this contract. The full text of a clause may be accessed electronically at this/these address(es):

52.242-14 SUSPENSION OF WORK APR 1984

52.242-15 STOP-WORK ORDER AUG1989

52.242-17 GOVERNMENT DELAY OF WORK APR 1984

F.2 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK, ALTERNATE I (APR 1984)

The completion date is based on the assumption that the successful Offeror will receive the notice to proceed within forty-five (45) days after contract award. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance bonds within the time specified in the offer.

F.3 PERIOD OF PERFORMANCE

The period of performance for this project is five hundred forty (540) calendar days from the date of Contract Award. All U.S. Federal Holidays and Local Holidays, as observed by the U.S.

Embassy located in Port-au-Prince, Haiti, shall be included in the period of performance.

F.4 KEY PERSONNEL

The Key Personnel specified below are considered to be essential for the successful performance of this contract. Prior to replacing any of the Key Personnel, the Contractor shall immediately notify the CO and COR at a minimum of fourteen (14) calendar days in advance, and shall submit written justification, including proposed substitutions, in sufficient detail to permit evaluation of the impact on the program. No replacement of personnel shall be made by the Contractor without the written consent of the CO. The Contractor shall provide the following key personnel for the performance of this contract:

Position Title Name

Chief of Party / Construction Project Manager (COP/CPM) TBD

Construction Superintendent (CS) TBD

Construction Quality Control Manager (QC Manager) TBD

F.5 DELIVERABLES AND DELIVERABLES SCHEDULE

All deliverables and submission shall be in the English Language. The Contractor shall promptly notify the COR in writing within fourteen (14) calendar days of any problems, delays, or adverse conditions which materially impair the Contractor’s ability to meet the requirements of the contract. The Contractor shall relieve its right in its entirety to additional time and/or compensation should it fail to provide written notification with the aforementioned timeframe.

B) DELIVERABLE SUBMISSION SCHEDULE

The Contractor shall furnish completed deliverables to the COR for review and approval within fourteen (14) calendar days from Contract Award, unless otherwise stated. A summary of deliverables have been provided below for informational use only. This list has been provided for the benefit of the Contractor. The Contractor shall be required to abide by all reporting requirements per the contract documents in its entirety.

1) Within fourteen (14) Calendar Days from Contract Award

(Required for Issuance of Notice to Proceed)

(i) Proof of Insurance – Section B

(ii) Application for Payment Format – Section B

(iii) Request for change in billing cycle – Section B

(iv) Billing Due Date – Section B

(v) Schedule of Values – Section B

(vi) Security Plan – Specifications (Specs) Section 011000

(vii) File Naming and Record Keeping Plan – Specs Section 011000

(viii) Project Scheduler Nomination – Specs Section 013200

(ix) Gender Equity Plan – Specs Section 011000

(x) Mobilization Plan – Specs Section 011000

(xi) CMC’s Field Office Plan – Specs Section 011000

2) Within thirty (30) Calendar days from Contract Award (Required for Issuance of Notice to Proceed)

(i) Site Layout Plan – Specs Section 011000

(ii) Traffic Control Plan – Specs Section 011000

(iii) Preliminary Project Schedule – Specs Section 013200

(iv) Health and Safety Plan (HASP) – Specs Section 011000

(v) Construction Quality Control Plan – Specs Section 014000

(vi) Waste Management Plan – Specs Section 017419

(vii) Branding and Marking Plan – Specs Section D

(viii) Environmental Management Plan – Specs Section 011000

3) Within thirty (30) Calendar days after Issuance of Notice to

Proceed

(i) Detailed Project Schedule – Specs Section 013200

(ii) Contractors Equipment, Materials and Plant Delivery Forecast – Specs Section

011000

(iii) Demobilization Plan – Specs Section 011000

(iv) Submittal Register – Specs Section 013300

4) Within fourteen (14) Calendar days After Final Acceptance

(i) Final Report: The Final Report shall incorporate all comments from USAID and

Punch List. At a minimum, the report shall include:

a. Summary of activities completed to achieve the contract objectives

b. Problems encountered and solutions undertaken

c. Final cost “S” curves and final calculation of total contract value

(ii) Photographs – Specs Section 013233

(iii) As-Built Drawings and Technical Specification – Specs Section 017839

5) At 365 calendar days after Final Acceptance (Completion of the

Warranty Period)

(i) Certificate of Final Warranty Completion

6) Special Reporting Requirements The Contractor shall deliver the following deliverables to the COR for review and approval at a frequency stated in the contract documents:

(i) Organizational Chart – Specs Section 013100

(ii) Application for Payment – Section B

(iii) Meeting Minutes – Specs Section 013100

(iv) Three Week Look Ahead Schedule – Specs Section 013200

(v) Monthly Update Reports – Specs Section 013200

(vi) Technical Manuals and Publications – Specs Section 011000

F.6 DELIVERABLE SUBMISSION

All reports and deliverables shall be sent to the COR and CMC in a PDF electronic format. All schedules shall be submitted in an unlocked Microsoft Project and PDF format, and all percentage complete Schedule of Values shall be submitted in an unlocked Microsoft Excel and PDF format.

F.7 AIDAR 752.7005 SUBMISSION REQUIREMENTS FOR DEVELOPMENT

EXPERIENCE DOCUMENTS (SEPTEMBER 2013)

(Class Deviation OAA-DEV-13-01c)

(a) Contract Reports and Information/Intellectual Products.

1) Within thirty (30) calendar days of obtaining the Contracting Officer Representative’s approval, the Contractor must submit to USAID’s Development Experience Clearinghouse

(DEC) one copy each of reports and information products which describe, communicate or organize program/project development assistance activities, methods, technologies, management, research, results and experience. These reports include: assessments, evaluations, studies, technical and periodic reports, annual and final reports, and development experience documents (defined as documents that (1) describe the planning, design, implementation, evaluation, and results of development assistance; and (2) are generated during the life cycle of development assistance programs or activities.) The

Contractor must also submit copies of information products including training materials, publications, databases, computer software programs, videos and other intellectual deliverable materials required under the Contract Schedule. The following information is not to be submitted:

(i) Time-sensitive materials such as newsletters, brochures or bulletins.

(ii) The Contractor’s information that is incidental to award administration, such as financial, administrative, cost or pricing, or management information.

2) Within thirty (30) calendar days after completion of the contract, the Contractor must submit to the DEC any reports that have not been previously submitted and an index of all reports and information/intellectual products referenced in paragraph (a)(1) of this clause.

(b) Submission requirements. The Contractor must review the DEC Web site for the most up-to-date submission instructions, including the DEC address for paper submissions, the document formatting and the types of documents to be submitted. The submission instructions can be found at: https://dec.usaid.gov.

1) Standards.

(i) Material must not include financially sensitive information or personally identifiable information (PII) such as social security numbers, home addresses and dates of birth. Such information must be removed prior to submission.

(ii) All submissions must conform to current USAID branding requirements.

(iii) Contract reports and information/intellectual products can be submitted in either electronic (preferred) or paper form. Electronic documentation must comply with Section 508 of the Rehabilitation Act of 1973.

(iv) The electronic submissions must consist of only one electronic file, which comprises the complete and final equivalent of the paper copy. In the case of databases and computer software the submissions must also include necessary descriptive information, e.g., special backup or data compression routines, software used for storing/retrieving submitted data, or program installation instructions.

(v) Electronic documents must be in one of the National Archives and Records

Administration (NARA)-approved formats as described in NARA guidelines related to the transfer of permanent E-records. (See http://www.archives.gov/records-mgmt/initiatives/transfer-to-nara.html).

2) Essential bibliographic information. Descriptive information is required for all Contractor products submitted. The title page of all reports and information products must include the contract https://dec.usaid.gov/ http://www.archives.gov/records-mgmt/initiatives/transfer-to-nara.html http://www.archives.gov/records-mgmt/initiatives/transfer-to-nara.html number(s), Contractor name(s), name of the USAID Contracting Officer’s Representative, the publication or issuance date of the document, document title, (if non-English, provide an English translation of the title), author name(s), and development objective or activity title (if non-English, provide a translation) and associated number, and language of the document (if non-English).