SOL-623-13-000014_East_Africa_Regional_Construction_IDIQ.pdf

SOLICITATION, OFFER, AND

AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

SOL-623-13-

000014

2. TYPE OF SOLICITATION

SEALED BID (IFB)

X NEGOTIATED (RFP)

3. DATE ISSUED

May XX, 2013

PAGE OF PAGES

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

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

7. ISSUED BY CODE

8. ADDRESS OFFER TO

Regional Acquisition and Assistance Office USAID/East Africa c/o American Embassy P.O. Box 629 Village Market – 00621 Nairobi, Kenya

Send e-mail offer to:

Attention: Mr. Michael Capobianco and Mr. Daniel Harter E-mail: MCapobianco@USAID.Gov and dharter@usaid.gov

FOR INFORMATION A. NAME B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

CALL:

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)

Indefinite-delivery, indefinite quantity award for the provision of construction services, as defined in Section C in the East Africa region.

11. The Contractor shall begin performance within __________ calendar days and complete it within ______ calendar days after receiving award, X notice to proceed. The performance period is X mandatory, negotiable.

(See ___Each Task Order________)

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

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

X YES NO

12B. CALENDAR DAYS

15 (See each task order)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

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

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

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

mailto:MCapobianco@USAID.Gov mailto:dharter@usaid.gov

OFFER (Must be fully completed by offeror)

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

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

CODE FACILITY CODE

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

AMOUNTS

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO

DATE

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

(Type or print)

20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

Regional Acquisition and Assistance Office USAID/East Africa c/o American Embassy P.O. Box 629 Village Market – 00621 Nairobi, Kenya

See Each Task Order

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

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

30. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

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

30B. SIGNATURE 30C. DATE 31B. UNITED STATES OF AMERICA

BY

31C. AWARD

DATE

PART I - THE SCHEDULE 7

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS 7

B.1 PURPOSE 7

B.2 CONTRACT TYPE 7

B.3 MINIMUM ORDER AMOUNT 7

B.4 MAXIMUM AMOUNT 7

B.5 PRICE SCHEDULE 7

B.7 REQUIREMENT TO PROVIDE SERVICES 7

B.9 INDIRECT COSTS 8

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK 9

SECTION D - PACKAGING AND MARKING 15

D.1. 752.7009 MARKING (JAN 1993) 15

D.2. BRANDING POLICY 15

D.3. MARKING AND BRANDING STRATEGY 15

SECTION E - INSPECTION AND ACCEPTANCE 17

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 17

E.2 INSPECTION AND ACCEPTANCE 17

SECTION F - DELIVERIES OR PERFORMANCE 18

F.1. NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 18

F.2. PLACE OF PERFORMANCE 18

F.3. PERIOD OF PERFORMANCE 18

F.4 KEY PERSONNEL 18

F.7 PERFORMANCE STANDARDS 23

F.9 COMPOSITION OF TASK ORDERS 25

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

(APR 1984) 25

F.11 52.211-12: LIQUIDATED DAMAGES – CONSTRUCTION (SEPT 2000) 25

SECTION G - CONTRACT ADMINISTRATION DATA 27

G.1. 752.7003 DOCUMENTATION FOR PAYMENT (NOV 1998) 27

G.2. ADMINISTRATIVE CONTRACTING OFFICE 28

G.3. CONTRACTING OFFICER’S REPRESENTATIVE (COR) 28

G.4. TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID 28

G.5. PAYING OFFICE 30

G.6. INVOICING INSTRUCTIONS 30

G.7. CONTRACTOR’S PRIMARY POINT OF CONTACT 30

SECTION H - SPECIAL CONTRACT REQUIREMENTS 31

H.1. NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 31

H.2. 752.225-70 SOURCE AND NATIONALITY REQUIREMENTS (FEB 2012) 31

H.3. AUTHORIZED GEOGRAPHIC CODE 31

H.4. 752.7004 EMERGENCY LOCATOR INFORMATION (JUL 1997) 32

H.5. 752.7005 SUBMISSION REQUIREMENTS FOR DEVELOPMENT EXPERIENCE

DOCUMENTS (JAN 2004) 32

H.6. INSURANCE AND SERVICES 33

H.7. 752.228-70 MEDICAL EVACUATION (MEDEVAC) SERVICES (JULY 2007) 34

H.8. LANGUAGE REQUIREMENTS 34

H.9. AUTHORIZED WORK WEEK 35

H.10. 752.7034 ACKNOWLEDGMENT AND DISCLAIMER (DEC 1991) 35

H.11. EXECUTIVE ORDER ON TERRORISM FINANCING 35

H.12. REPORTING OF FOREIGN TAXES 35

H.13. USAID DISABILITY POLICY - ACQUISITION (DECEMBER 2004) 36

H.14. STANDARDS FOR ACCESSIBILITY FOR THE DISABLED IN USAID

CONSTRUCTION CONTRACTS (July 2007) 36 H.15. NONDISCRIMINATION (June 2012) 37

H.16. COMPLIANCE WITH THE TRAFFICKING VICTIMS PROTECTION

REAUTHORIZATION ACT 37

H.17. 302.3.5.13 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (July 2007) 38

H.18. HOMELAND SECURITY PRESIDENTIAL DIRECTIVE -12 38

H.19. COMPLIANCE WITH SECTION 508 OF THE REHABILITATION ACT OF 1973,

AS AMENDED 39

H.20. ORGANIZATIONAL CONFLICT OF INTEREST 39

H.21. MAXIMISING USE OF LOCAL ENTITIES 40

H.22. LIMITATIONS ON MARK-UPS ON CHANGE ORDERS AND CONTRACT

MODIFICATIONS 40

H.23. ENVIRONMENTAL COMPLIANCE 42

H.24. DISCLOSURE OF INFORMATION 42

H.25. SECURITY CLEARANCE 43

H.26. INFORMATION SYSTEM SECURITY 44

H.27. GOVERNMENT OF KENYA LABOR MARKET POLICY (FOR TASK ORDERS

FOR WORK WITHIN KENYA) 44

PART II - CONTRACT CLAUSES 46

SECTION I - CONTRACT CLAUSES 46

I.1. NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 46

I.2. 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (FEB 2012) 49

I.3. 52.216-18 ORDERING (OCT 1995) 50

I.4. 52.216-19 ORDER LIMITATIONS (OCT 1995) 50

I.5. 52.216-22 INDEFINITE QUANTITY (OCT 1995) 51

I.6. 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) 51

I.7. 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009) 51

I.8. 52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS (DEVIATION) (AUG 2012) 53

I.9. 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984) 53

I.10. 52.236-4 PHYSICAL DATA (APR 1984) 53

I.11. 52.236-22 DESIGN WITHIN FUNDING LIMITATIONS (APR 1984) 54

I.12. SUBMISSION OF TRANSPORTATION DOCUMENTS FOR AUDIT (FEB 2006) 54

I.13. 752.219-70 USAID MENTOR- PROTÉGÉ PROGRAM (JUL 2007) 54

I.14. CLAUSES INCORPORATED BY REFERENCE AND FULL TEXT FOR HYBRID

TASK ORDERS UTILIZING COST-REIMBURSMENT LINE ITEMS 55

PART III - LIST OF ATTACHMENTS 56

SECTION J – LIST OF ATTACHMENTS 56

PART IV - REPRESENTATIONS AND INSTRUCTIONS 57

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS 57

K.1. NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE 57

K.2. 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERIMINATION (APR

1985) 57

K.3. 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2012) 58

K.4. INSURANCE - IMMUNITY FROM TORT LIABILITY 60

K.5. AGREEMENT ON, OR EXCEPTIONS TO, TERMS AND CONDITIONS 60

K.6. 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR

2010) 60

K.7. 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)61

K.8. 52.215-6 PLACE OF PERFORMANCE (OCT 1997) 62

K.9. 52.219-22 SMALL DISADVANTAGED BUSINESS STATUS (OCT 1999)

ALTERNATE I (JAN 2012) 63

K.10. 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) 64

K.11. 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984) 64

K.12. 52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS

OPERATIONS IN SUDAN – CERTIFICATION (AUG 2009) 64

K.13. 52.227-15 REPRESENTATION OF LIMITED RIGHTS DATA AND RESTRICTED 65

COMPUTER SOFTWARE (DEC 2007) 65

K.14. 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION

(MAY 2012) 66

K.15. 52.230-7 PROPOSAL DISCLOSURE – COST ACCOUNTING PRACTICE CHANGES

(APR 2005) 68

K.16. SIGNATURE 68

SECTION L - INSTRUCTIONS TO OFFERORS 70

L.1. NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 70

L.2. 52.216-1 TYPE OF CONTRACT (APR 1984) 70

L.3. 52.233-2 SERVICE OF PROTEST (SEP 2006) 70

L.4. GENERAL INSTRUCTIONS TO OFFERORS 71

L.5. SUBMISSION/DELIVERY INSTRUCTIONS 71

L.6. INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL 72

L.8 INSTRUCTIONS FOR THE PREPARATION OF THE BUSINESS PROPOSAL 73

SECTION M - EVALUATION FACTORS FOR AWARD 76

M.1. GENERAL INFORMATION 76

M.2. EVALUATION CRITERIA 76

M.3. COST EVALUATION 77

M.4. DETERMINATION OF COMPETITIVE RANGE 77

M.5. SOURCE SELECTION 78

A.5 ENVIRONMENTAL COMPLIANCE 80

B.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984) 81

B.3 52.211-12: LIQUIDATED DAMAGES – CONSTRUCTION (SEPT 2000) 81

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this contract is to provide services as described in Section C, Statement of Work. The scope of work includes construction work including but not limited to: replacement, repair, renovation, modification, new construction, design/build services, and related infrastructure services.

B.2 CONTRACT TYPE

This is a multiple-award, indefinite-delivery, indefinite-quantity (IDIQ) type contract. Only firm fixed-price (FFP) task orders shall be issued from this IDIQ. Hybrid task orders, utilizing FFP line items and other contract type line items may be issued upon written determination from the Task Order Contracting

Officer (TOCO) in order to cover unusual situations. However, all construction work must be FFP. For example, when there is an uncertain amount of security required at a project site or in an unstable operating environment to the point where it is impossible to adequately estimate and fix the price, the

TOCO may issue a hybrid task order with a cost reimbursement line item for security and a FFP line item for the construction work.

B.3 MINIMUM ORDER AMOUNT

Per Federal Acquisition Regulation (FAR) subpart 16.504(a)(1), the minimum amount of services to be ordered under this IDIQ is $25,000. USAID shall be required to order, and the Contractor shall be required to furnish, the minimum quantity of services.

B.4 MAXIMUM AMOUNT

The maximum amount of services, inclusive of all task orders, which can be ordered under all IDIQs is

$210,000,000, with no single awardee receiving more than $75,000,000. The amount is cumulative of the price of all task orders.

B.5 PRICE SCHEDULE

Key Personnel Yr. 1 Rate Yr. 2 Rate Yr. 3 Rate Yr. 4 Rate Yr. 5 Rate

Program

Manager

Lead Engineer

QA Manager

The above daily rates are fully burdened rates and include all associated costs and profit.

The Contractor shall utilize the above rates when pricing task orders in order to recoup the costs associated with the central management of the IDIQ. The price shall be added after the total price has been established, but before the addition of the performance and payment bonds. For example, a task order is issued for construction of a greenhouse. The Contractor prices the construction at $100,000 and then determines that 5 days of each labor category above is needed for central management. The

Contractor then adds the total of the labor rates (5 * rate * 3) to the $100,000 to get a total price before addition of the performance and payment bonds.

B.7 REQUIREMENT TO PROVIDE SERVICES

Per FAR 16.504(a)(1), the Contractor shall furnish any services ordered by USAID under this contract so long as the cumulative amount of all orders does not exceed the maximum amount in Section B.4.

B.8 FIXED-FEE CEILING (For use on hybrid task orders with Cost-Plus Fixed-Fee line items only.)

(a) For each task order issued under this IDIQ, the TOCO and Contractor agree to negotiate a set dollar amount for fixed fee. In negotiating the fixed dollar amount for fee, the TOCO must consider the policies and factors for establishing fee in FAR 15.404-4 as well as any applicable USAID policy on establishing a fixed fee amount. In no event, however, may the amount of fixed fee in any individual task order exceed 5 percent of the task order’s estimated cost, excluding fee). This fee must not be applied in addition to sub-grant cost fees (if applicable) which has a separate ceiling established below. The fee ceiling applies to the prime contractor and any for-profit subcontractors.

NOTE: The ceiling on fixed fee does not apply to FFP Task Orders.

(b) Fixed Fee Payment. For any Task Order issued under this Contract, at the time of each payment of allowable costs to the contractor, the USAID paying office ordinarily pays the contractor a percentage of fixed fee that directly corresponds to the percentage of allowable costs being paid. Two exceptions to paying fixed fee in this manner apply:

(1) If the TOCO determines that this method results in paying a disproportionately higher ratio of fixed fee than the percentage of work that the contractor has completed, then the TOCO may suspend further payment of any fixed fee until the contractor has made sufficient progress to justify further payment, up to the agreed percentage.

(2) Because the clauses entitled "Allowable Cost and Payment" (FAR 52.216-7) and "Fixed Fee"

(FAR 52.216-8) are incorporated into this Contract, the terms and conditions of these clauses apply after total payments of fixed fee reach eighty-five percent (85%) of the total fixed fee.

B.9 INDIRECT COSTS

For use only on hybrid task orders. Pending establishment of revised provisional or final indirect cost rates, allowable indirect costs shall be reimbursed on the basis of the following negotiated provisional or predetermined rates and the appropriate bases:

Description Rate Base Type Period

TBD TBD 1/ 1/ 1/

TBD TBD 2/ 2/ 2/

1/ Base of Application: TBD

Type of Rate: TBD

Period: TBD

2/ Base of Application: TBD

Type of Rate: TBD

Period: TBD

[END OF SECTION B]

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 BACKGROUND

Over the past several years, the need for construction activities in the East Africa region has increased.

Normally, USAID has combined construction activities with traditional development requirements.

Construction and construction contracting are extremely specific and highly technical fields of work.

When construction is combined with traditional development work, some recipients/contractors do not normally have the capacity to adequately manage these services. Extensive problems with these activities could occur, for example, design flaws, no adherence to international building codes, inadequate site supervision, lack of proper warranties, and inadequate legal remedies.

In accordance with USAID’s Construction Policy, this IDIQ seeks to prevent the aforementioned issues via issuing discrete, firm fixed-price task orders for construction services which adhere to proper designs, codes, safety procedures, quality requirements, etc.

For purposes of this IDIQ, “construction” and “construction services” are interchangeable terms and mean construction, alteration, or repair (including dredging and excavation) of buildings, structures, or other real property and includes, without limitation, improvements, renovation, alteration and refurbishment. The term includes, without limitation, roads, power plants, buildings, bridges, water treatment facilities, and vertical structures.

No task orders for architect and engineering services, as defined in FAR 36.601-4(a), shall be issued off of this IDIQ.

C.2 GENERAL SERVICES TO BE ORDERED

The objective of this contract is to provide USAID in the East Africa region with a full range of technical assistance, physical support and construction services to achieve objectives that will contribute to the completion of construction and rehabilitation in technical assistance programs such as agriculture, health, water supply, sanitation, trade, energy, economic development and natural resources. This contract will also provide USAID and the U.S. Government in general with the full range of construction and rehabilitation services for its properties in the region. Task Orders issued under this IDIQ shall be for work which falls under construction services defined above. This includes design-build construction services and construction management. The Contractor may also be required to provide technical assistance to local institutions or personnel in any of the above areas.

The Contractor shall furnish all plant, labor, materials, equipment, logistics and security to perform all work under the Task Orders, and shall be prepared to deal with changes and compressed schedules resulting from emergency requests and changing priorities.

C.3 IMPLEMENTATION AND MOBILIZATION PLAN

The Contractor shall develop and maintain an implementation and mobilization plan which applies to all work. The plan must describe how the Contractor shall mobilize its labor, materials and equipment to project sites as required by the Task Orders. The plan must describe how the Contractor will address any security concerns, including the protection of Contractor equipment and personnel, or emergencies that may be encountered during the course work. Each Task Order must address the security arrangements of the project site, equipment and/or commodities.

C.4 CODES

Unless otherwise stated in this IDIQ or directed in a Task Order, all work, all work must be performed in accordance with the International Building Code (IBC) (most updated version as of the date of issuance of the Request for Task Order Proposal) and all host country codes. In the event that a host country code is stricter than the IBC, the Contractor shall utilize the host country code.

C.5 COORDINATION

Many of the services provided under individual Task Orders complement ongoing development assistance projects. Therefore, the Contractor shall be required to coordinate work with the cognizant development assistance implementation partner, relevant USAID and other government representatives.

Contractor personnel and USAID representative shall coordinate as required under each Task Order.

C.6 ENVIRONMENTAL COMPLIANCE

Environmental requirements shall be addressed at the Task Order level. The Contractor shall prepare environmental guidelines that will be used to help identify specific factors to be considered for projects that are likely to have negative environmental effects, as well as for those types of projects where the potential for negative effects is substantially lower. The Contractor’s guidelines shall include an environmental assessment checklist that must be completed as part of the final design for each project.

Where the analysis indicates negative environmental effects may occur, the project will be designed to avoid or mitigate those effects. The guidelines will also describe procedures for supervising construction activities to assure that identified mitigation measures have been addressed as planned.

The Contractor is responsible for performing all work in such a manner as to minimize environmental impacts, including the pollution of air, water, or land and to control noise and dust within reasonable limits and in accordance with all applicable environmental laws, regulations and programs that relate to the performance of this contract or individual Task Orders. Where there is a conflict between U.S. and local law, the requirements more protective of health and the natural environment shall be used.

C.7 SUBCONTRACTING REQUIREMENTS

Each Task Order shall include a requirement to subcontract a percentage of the work to local entities.

The percentage required will be dictated upon the complexity and location of the work to be performed and the capacity of local organizations.

C.8 OTHER CONTRACTOR REQUIREMENTS

C.8.1 Quality Control Program (QCP)

The Contractor’s Quality Control Program (QCP) shall be an integral component of all construction activities. Within 30 days after contract award, the Contractor shall develop, submit to USAID for approval, and maintain a QCP, in accordance with FAR 52.246-12, that will be implemented in all work performed under individual Task Orders.

Content of the QCP

The QCP shall include, as a minimum, the following to cover all construction or design-construction operations, both onsite and offsite, including work by subcontractors, fabricators, suppliers, and purchasing agents:

A description of the quality control organization, including a chart showing lines of authority and acknowledgment, that the QCP staff shall use to implement all aspects of the work specified.

The name, qualifications (in resume format), duties, responsibilities, and authorities of each person assigned a QCP function.

Procedures for scheduling, reviewing, certifying, and managing submittals, including those of subcontractors, offsite fabricators, suppliers, and purchasing agents.

Control, verification, and acceptance testing procedures for each specific test to include the test name, specification paragraph requiring test, feature of work to be tested, test frequency, and person responsible for each test.

Procedures for tracking construction deficiencies from identification through acceptable corrective action.

These procedures shall establish verification procedures that identified deficiencies have been corrected.

Reporting procedures, including proposed reporting formats.

Notification of Changes

After acceptance of the QCP, the Contractor shall notify the IDIQ CO in writing of any proposed change.

Proposed changes are subject to acceptance by the IDIQ CO.

C.8.2 Operation and Maintenance Plans

For each Task Order, the Contractor shall develop an operation and maintenance plan for the completed work. The plan shall include the proper procedures to operate and maintain any completed work. The plan must be submitted to the Task Order Contracting Officer, or their designee, prior to final acceptance of the work.

C.8.3 Project Kick-Off Meeting

For each Task Order, the Contractor .shall conduct a project kick-off meeting with all relevant parties to acquaint key personnel, local authorities and inspectors with the procedures, lines of authority and the interrelationship with the activities of the Contractor, USAID and others.

C.8.4 Construction Risk Management Plan (CRMP)

When required in individual Task Orders, the Contractor shall develop and submit for USAID approval a

Construction Risk Management Plan (CRMP). The CRMP will establish ”base-line” or prior existing conditions on the work sites and those areas adjacent or otherwise to the work sites, which can be affected in some manner by the work activities.

The CRMP shall include, but not be limited to the survey, measurement and recording of the following parameters as may be appropriate to the project: ground and structural elevations; ground water levels;

soil conditions; vertical alignment of structures and other conditions affecting construction.

When a CRMP is required, the Contractor shall participate together with representatives of its subcontractors and USAID in regular monthly examinations of the baseline conditions and shall maintain a log of the values recorded and photos taken during these examinations, in such a fashion that comparison with previous values recorded can easily be done and trends readily identified. The

Contractor shall regularly review the subject logs and immediately discuss with the pertinent subcontractors and USAID, any finding determined to require consideration of a change in method of construction or some remedial action.

C.8.5 Notices to Proceed

Any Notice to Proceed will be issued by the Task Order Contracting Officer.

C.8.6 Construction Safety Program

Within 30 days after contract award, the Contractor shall develop, submit to USAID for approal, and maintain an overall Construction Safety Program that will govern all Task Order activities. The plan shall be developed in accordance with FAR 52.236-13. The Contractor shall not commence any construction until the program has been reviewed and accepted by the Contracting Officer.

C.8.7 Site Accessibility

Requirements for site accessibility shall be described in each Task Order.

C.8.8 Standardization

Where two or more items of the same type or class of equipment furnished under each Task Order are required, the units shall be products of the same manufacturer and shall be interchangeable when of the same size, capacity, performance characteristics, and rating. The only exception to this requirement is where the items are interchangeable due to conformance with industry standards (valves, fittings, etc), they need not be by the same manufacturer. This requirement applies to all manufactured items in the project which normally require repair or replacement during the life of the equipment.

C.8.9 Hazardous Materials

Should the Contractor encounter asbestos or other hazardous materials, during this performance of work under a Task Order, it shall immediately stop all work activities in the area where the hazardous material is discovered. The Contractor shall notify the Task Order Contracting Officer; identify the area of danger;

and not proceed with work in that area until given approval from the Task Order Contracting Officer to continue work activities. Hazardous material is considered to be asbestos, explosive devices, toxic waste, or material hazardous to health and safety. The Contractor shall secure the area from daily traffic until it is safe to resume normal activities.

C.8.10 Certificates of Compliance

For each Task Order, any certificates required for demonstrating proof of compliance of materials with specifications requirements shall be executed in three (3) copies. Each certificate shall be signed by an official authorized to certify on behalf of the manufacturing company and shall contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certificates apply. Copies of laboratory test reports submitted with certificates shall contain the name and address of the testing laboratory and the date or dates of the tests to which the report applies. Certification shall not be construed as relieving the Contractor from furnishing satisfactory material.

C.8.11 Compliance with Host Country Rules and Customs

Except as otherwise stated in the IDIQ or Task Orders, the Contractor shall be responsible for determining the effect of arranging to perform work and operating under local laws, practices, customs, and controls on his cost of performance of the contract and for including a sufficient amount in the contract price. These responsibilities include, but are not limited to, entry and exit visas, residence permits, and residence laws applicable to aliens. They also include any special requirements of the host country, including those required by local labor offices, which the Contractor may have to fulfil before an application for a regular block of visas will be accepted. The Contractor shall be responsible for passports, health and immunization certificates and quarantine clearance.

C.8.12 Customs Clearance

The Contractor shall be responsible for all customs clearance actions. All necessary arrangements, clearance procedures, and coordination with the Host Government shall be the sole responsibility of the

Contractor. The Contractor shall submit to the Task Order Contracting Officer, with a cover letter, the shipping documents for the shipment(s) involved. As a minimum, the following shall be included as enclosures, with the cover letter to the Contracting Officer in three (3) copies:

a. Invoice.

b. Bill of Lading

c. Certificate of Origin

d. Statement on the cover letter as to Port of Customs Clearance, estimated arrival date, general description of the shipment, quantity, and the name of the carrier.

C.8.13 Physical Handling of Materials

The Contractor shall be responsible for performance of all loading, unloading, transportation or other physical handling of materials as may be required, including all movement from the carrier unloading site to delivery at the job site and all movement required at the customs area.

C.8.14 As-Built Drawings

Whenever drawings are required as a deliverable under a task order, the Contractor shall also deliver final as-built drawings. The Contractor shall update the contract drawings to reflect the approved final as-built conditions and shall furnish those updated drawings to the Task Order Contracting Officer.

a. Existing drawings shall be updated to reflect as-built conditions. The modifications shall be made by additions and deletions to the original drawings and with additional drawings as necessary.

b. The Contractor shall check all final as-built drawings for accuracy and conformance to the initial drawing scheme. The Task Order Contracting Officer will review the drawings for conformance to these standards.

c. As-built drawings shall be furnished to the Task Order Contracting Officer with a transmittal sheet containing an index of all drawings by the delivery date in task order.

C.8.15 Electronic Document Control System

An electronic document control system is used to track official project documentation (such as project correspondence, submittals, change orders, requests for information, etc.) between the Contractor and

USAID. Within 30 days after award, the Contractor shall develop, submit to USAID for approval, implement, and maintain an electronic document control system. This system shall be utilized to track all official project documentation for work under all task orders.

C.8.16 Requests for Information

In the event that there are any situations where the Contractor needs clarification (questions concerning design requirements, contractual questions, clarification on USAID requirements, etc.), The Contractor shall submit a Request for Information (RFI). Within 30 days after award, the Contractor shall develop, submit to USAID for approval, implement, and maintain and electronic RFI process which utilizes the electronic document control system. The process shall be utilized for RFIs on all task orders.

C.9 GEOGRAPHIC COVERAGE

Task orders under this IDIQ can require the Contractor to perform work in any country considered to be in the East Africa region. These countries include Sudan, South Sudan, Ethiopia, Kenya, Somalia, Burundi, Djibouti, Democratic Republic of Congo, Tanzania, Uganda, Rwanda, and Central African

Republic.

[END OF SECTION C]

SECTION D - PACKAGING AND MARKING

D.1. 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 will be provided through the cognizant technical office indicated on the cover page of this contract, 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 the requirements of the policy directives and required procedures outlined in USAID Automated Directive System (ADS) 320.3.2 “Branding and Marking in USAID Direct

Contracting” (version from January 8, 2007) at http://www.usaid.gov/policy/ads/300/320.pdf; and USAID

"Graphic Standards Manual" available at www.usaid.gov/branding, or any successor branding policy.

As per 320.3.2 Branding and Marking in USAID Direct Contracts, USAID policy is to require exclusive branding and marking in USAID direct acquisitions. “Exclusive Branding” means that the program is positioned as USAID’s, as showcased by the project name (e.g., “The USAID/Basic Education

Program”). “Exclusive Marking” means Contractors may only mark USAID-funded programs, projects, activities, public communications, and commodities with the USAID Standard Graphic Identity and, where applicable, the host-country government or ministry symbol or another U.S. Government logo.

It is USAID’s policy that Contractors’ and subcontractors’ corporate identities or logos must not be used on USAID-funded project materials.

D.3. MARKING AND BRANDING STRATEGY

The Contractor’s branding and marking plan, submitted on TBD, is hereby incorporated into the contract..

The plan must be in accordance with ADS 320.3.2.

Anticipated elements of marking plan: products, equipment and inputs delivered; places where project activities are carried out; external public communications, studies, reports, publications and informative and promotional products; and workshops, conferences, fairs, media related activities and any such events. Publications authored by Contractors or other non-USAID employees must include the following disclaimer on the title page: “The author’s views expressed in this publication do not necessarily reflect the views of the United States Agency for International Development or the United States Government.”

Threats and restrictions to the security of the project need to be identified and assessed in order to request http://www.usaid.gov/policy/ads/300/320.pdf http://www.usaid.gov/branding any necessary exception from the marking requirement in accordance with ADS 320.3.2.

USAID’s web page contains the electronic version of the Graphic Standards Manual that is compulsory for all Contractors. Marking under this contract shall comply with the “USAID Graphics Standards

Manual” available at http://www.usaid.gov/branding/acquisition.html or any successor branding policy.

[END OF SECTION D]

http://www.usaid.gov/branding/acquisition.html

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. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

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

52.246-5 INSPECTION OF SERVICES-COST-REIMBURSEMENT (APR 1984)

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

52.246-13 INSPECTION – DISMANTLING, DEMOLITION, OR REMOVAL

OF IMPROVEMENTS (AUG 1995)

52.246-16 RESPONSIBILITIES FOR SUPPLIES (APR 1984)

E.2 INSPECTION AND ACCEPTANCE

USAID inspection and acceptance of services, reports and other required deliverables or outputs shall take place at locations detailed in each task order. Unless otherwise stated, the task order Contracting

Officer’s Representative (COR) has been delegated authority to inspect and accept all services, reports and required deliverables or outputs.

E.3 ACCEPTABLE LEVELS OF PERFORMANCE

The Contractor’s work may be inspected by the task order COR or his designee for quality and progress at any time. Any work, products, and supplies that do not meet minimum standards for quality as determined by the task order COR or designee shall be rejected or redone at Contractor’s expense. Any disputes concerning the quality of work performed shall be handled in accordance with FAR 52.233-1

“Disputes”. Detailed quality standards shall be described in each task order.

[END OF SECTION E]

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

BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified)

52.242-14 SUSPENSION OF WORK APR 1984

52.242-15 STOP-WORK ORDER ALTERNATE I APR 1984

52.242-17 GOVERNMENT DELAY OF WORK APR 1984

52.247-34 F.O.B. DESTINATION NOV 1991

52.247-35 F.O.B. DESTINATION, WITHIN CONSIGNEE’S PREMISES APR 1984

F.2. PLACE OF PERFORMANCE

The place of performance shall be detailed in each task order, but is limited to the countries specified in

Section C.9.

F.3. PERIOD OF PERFORMANCE

a. The period of performance for the contract is for 5 years from the date of award.

b. The ordering period is for 5 years from the date of award.

c. Task orders may continue up to 5 years after the end date of paragraph a above.

Although task orders may be issued during the ordering period provided in paragraph b. above, the maximum period of performance will be the end date provided in paragraph c. above.

Task orders must not exceed five years. Further, a task order modification for ceiling increases must be undertaken prior to the end date specified in paragraphs a. and b. above. Otherwise, the task order ceiling increase would need to be justified in accordance with FAR Part 6.

For any task order that needs to extend beyond the end date in a paragraph c., the task order would need to be justified in accordance with FAR Part 6.

F.4 KEY PERSONNEL

The following positions have been designated as key personnel, and are essential to the work being performed under this contract. Prior to replacing any of these individuals, the Contractor shall notify both the Contracting Officer and the COR reasonably in advance and must submit written justification

(including proposed substitutions) in sufficient detail to permit evaluation of the impact on the project.

No replacement shall be made by the Contractor without the prior written consent of the Contracting

Officer.

Lead Program Manager (PM)

The Contractor shall maintain a Nairobi-based, full time PM for the term of the contract to manage the entire contract and ensure that quality standards and schedules are met. The PM will define and manage overall contract requirements: including staffing, and cost and quality control of all tasks and assignments undertaken to achieve this contract’s objectives.

His/her primary responsibilities shall include:

Serving as the main point of contact between USAID and the Contractor and reporting to both.

Speaking for the Contractor and having the authority to make binding decisions.

Ensuring effective and efficient performance for all aspects of this contract, overseeing all quality control and reporting.

Interacting professionally with senior Mission, Embassy, and government officials.

The PM must have:

Minimum four‐year bachelor's degree in construction management or construction science. A degree in architecture or engineering is also acceptable.

At least 15 years’ experience in construction and project management.

At least 10 years’ experience supervising construction personnel.

At least 5 years’ experience working overseas.

Good organizational, communication, leadership, problem‐solving and time‐management skills are required for the success of the project.

Familiarity with different areas of construction as well as workplace safety and building codes is necessary.

Lead Engineer

The Lead Engineer shall be responsible for all engineering related activities performed under this IDIQ.

The Lead Engineer must have

A bachelor's degree in construction or civil engineering.

A valid Professional Engineer license which is valid in the U.S.

Minimum of 10 years’ experience working on large construction projects.

At least 5 years’ experience working overseas.

A strong understanding of applicable building and electrical codes, knowledge of mechanical plumbing, and heating and air conditioning.

Quality Assurance (QA) Manager

The QA Manager shall be responsible for all quality control on work performed under the IDIQ and shall have responsibility for implementing and maintaining the QCP.

The QA Manager must have:

A bachelor’s degree in industrial engineering, systems engineering, or a relevant field.

At least 10 years’ experience conducting quality control on construction projects, working on setting site standards, serving as the individual that changes or improves performance/quality on site, monitoring performance and working with operating staff to establish procedures and standards for the project.

At least 5 years’ experience working overseas.

F.5 FAIR OPPORTUNITY

F.5.1 GENERAL

(1) To obtain services or other deliverables that are within the scope of this contract, the TOCO may issue orders using any of the pricing types specified in the contract.

(2) Contractor(s) must respond to the RFTOP within the number of calendar days stated in Section F.6.

(3) No separate payment will be made to the contractor for the cost to prepare, submit and/or negotiate a task order proposal.

(4) The Contractor must not commence work until authorized by the TOCO.

Holders to be given fair opportunity shall be added after award.

Task Order Contracting Officers (TOCOs) must negotiate and administer task orders in accordance with the ordering procedures set forth herein. The TOCO must provide each Contractor a fair opportunity to be considered for each task order (also referred to as "order") exceeding $3,500 issued under this contract unless one of the exceptions described in Section F.5.2 Fair Opportunity Exceptions, applies. All

Contractors (or all Contractors designated under a specific sector) must be contacted and provided the opportunity to be considered before award of all task orders. Although Contractors are not required to submit a proposal for every task order request, all Contractors interested in providing services under the task order must submit a proposal, inclusive of price.

F.5.2 FAIR OPPORTUNITY EXCEPTIONS

(1) An urgent need exists, and seeking competition would result in unacceptable delays.

(2) Only one contractor is capable at the level of quality required because the requirement is unique or highly specialized.

(3) The order must be issued on a sole source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

(4) To satisfy contract minimum order guarantee as specified in section B.

(5) Small business set aside.

Non-Competitive Task Orders. For non-competitive task orders in excess of $700,000, the TOCO shall require certified cost or pricing data in accordance with FAR 52.215-20.

F.5.3 CLASSIFIED TASK ORDERS

In accordance with Section H. of this contract, USAID may award a classified task order under this contract. Because USAID participates in the National Industrial Security Program (see FAR 4.4 and ADS

567), the TOCOR and TOCO must follow the procedures in ADS 567, particularly the requirement to include security specifications in the Statement of Work for a contract or task order. Any contractor under this multiple-award (insert sector name) IDIQ that has not been granted either an interim or final

Secret level facility clearance by the Defense Security Service (DSS) may be determined to be ineligible to be considered for a classified task order. If time permits, the TOCO may allow a contractor without the requisite facility clearance to participate in the fair opportunity procedures for a classified task order in anticipation of DSS granting the clearance before the task order must actually be awarded. However, doing so is on the condition that all parties acknowledge and agree that if DSS does not grant an interim or final facility clearance in time, the TOCO must award the classified task order to the contractor that is selected through the fair opportunity procedures AND has the requisite facility clearance.

F.6 REQUEST FOR TASK ORDER PROPOSALS

Task Order Contracting Officers (TOCOs) shall follow the procedures outlined in FAR 16.505.

(1) Task Orders may be issued by an TOCO acting within their authority in any country described in

Section C.9.

(2) Each Task Order will carry a specific Task Order number which will be cited on each invoice placed against this Contract.

(3) In no event shall the aggregate total of all Task Orders exceed the Maximum Ordering Limitation authorized in the IDIQ Contract. All Task Order statements of work and performance periods shall conform to the requirements of Section F.3.

(4) The FAR and AIDAR clauses/provisions included in the contract are applicable to Task Orders as issued based on their individual statements of work. Clauses and provisions remain applicable throughout the terms of the Contract and orders. Additionally, there may be clauses/provisions that apply only at the

Task Order level.

(5) All Statements of Work and estimated budgets from prospective task orders must be cleared by the

IDIQ COR prior to solicitation.

Unless one of the Fair Opportunity Exceptions in section F.5.2 applies, the terms of this contract require that whenever a task order award is contemplated, all contractors will receive a request for a task order proposal to determine the most highly qualified IDIQ holder. All task order proposals must include the contractor's cost or price to perform the anticipated task order. The RFTOP request must be in writing

(via mail, e-mail, fax, or other, as set out in the RFTOP) and include a description of the intended services and the evaluation procedure, including the relative weighting of cost/price and non-cost/price criteria. If the selection is based upon information obtained from other than the contractor's proposals, the RFTOP must identify the other evaluation criteria. The evaluation may be based solely on cost/price and past performance, but may also include one or more technical factors such as corporate experience personnel, and/or technical approach.

Contractors may elect not to submit a proposal per the minimums and maximums specified below:

(a) Minimum Order: When USAID requires services or reports and other deliverables covered by this contract in a Task Order in the amount of less than $10,000, the Contractor is not obligated to accept an order to furnish those services or reports and other deliverables under this contract. However, if the

Contractor agrees to furnish services or reports and other deliverables required by USAID in an amount of less than $10,000 and is awarded a Task Order to do so, the Contractor is required to provide said services and reports/deliverables in accordance with the contract's terms and conditions.

(b) Maximum Order: When USAID requires services or reports and other deliverables covered by this contract in a Task Order amount of more than $40,000,000, the Contractor is not obligated to accept an order to furnish those services or reports and other deliverables under this contract. However, if the

Contractor agrees to furnish services or reports and other deliverables required by USAID in excess of

$40,000,000 and awarded a Task Order to do so, the Contractor is required to provide said services and reports/deliverables in accordance with the contract’s terms and conditions.

(c) Notwithstanding the above, if issuance of a task order to, and acceptance of a task order by, the

Contractor would: (1) result in the Contractor (or its personnel or its subcontractors or their personnel) having an organizational conflict of interest for which restrictions would be placed on the Contractor's (or its personnel’s or its subcontractors’ or their personnel’s) future activities; or (2) violate the provisions of the Procurement Integrity legislation, i.e., Section 27 of the Office of Federal Procurement Policy Act (41

U.S.C. 423), as amended by Section 814 of Pub. L. 101-189 the Contractor, after written notification to the Contracting Officer, is not obligated to furnish those services or reports and other deliverables under this contract, and USAID may acquire the supplies or services from another source.

(3) The following are the thresholds and corresponding procedures for proposals.

The RFTOP shall include a Statement of Work (SOW) in sufficient detail of design development to be able to adequately price the work, using normal estimating and take-off procedures. The Contractor may have to visit the site and/or perform normal measurement surveys and calculations. No separate payment will be made for such efforts.

The SOW may…