SOL-663-16-000001.pdf

TABLE OF CONTENTS

PART I -- THE SCHEDULE

SECTION A -- SOLICITATION/CONTRACT FORM

SECTION B -- SUPPLIES OR SERVICES AND PRICES

SECTION C -- DESCRIPTION/SPECIFICATIONS

SECTION D -- PACKAGING AND MARKING

SECTION E -- INSPECTION AND ACCEPTANCE

SECTION F -- DELIVERIES OR 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 ATTACHMENTS

SECTION J -- LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

PART IV -- REPRESENTATIONS AND INSTRUCTIONS

SECTION K -- REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

BIDDERS

SECTION L -- INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

SECTION M -- EVALUATION FACTORS FOR AWARD

PART I -- THE SCHEDULE

SECTION B -- SUPPLIES OR SERVICES AND PRICES

B.1 PURPOSE

The purpose of this contract is to provide construction services (labor, materials, equipment, and services) necessary to accomplish the construction of various health facilities within the Ethiopia Health Infrastructure Program, as further described in Section C – Scope of Work and Section J - Attachments. USAID is working in partnership with the Ethiopia Ministry of Health to improve health infrastructure throughout Ethiopia as part of USAID’s Ethiopia Health Infrastructure Program (EHIP). The current phase of EHIP includes construction of 17 health centers in rural areas of Ethiopia and a new National Blood Transfusion Center in Addis Ababa.

B.2 CONTRACT TYPE

This is a Firm Fixed Price Contract payable entirely in United States of America Dollars (USD) or equivalent in ETB.

B.3 CONTRACT PRICE AND PRICING TABLE

The total Firm Fixed Price of this contract is To Be Determined (USD). Unless authorized in writing by the Contracting Officer (CO), the Contractor must not be entitled to additional compensation above the total fixed price, nor above each individual Contract Line Item Number (CLIN) as stated in the “Pricing Tables” located in Section J – List of Documents, Exhibits, and Other Attachments:

1) Table B-1: CLIN 1 / Group 1

2) Table B-2: CLIN 2 / Group 2

3) Table B-3: CLIN 3 / Group 3

4) Table B-4: CLIN 4 / Group 4

5) Table B-5: CLIN 5 / Group 5

6) Table B-6: CLIN 6 / Group 6

7) Table B-7: CLIN 7 / Group 7

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

CLIN PRICE (TBD)*

1) CLIN 1 / Group 1 $________

2) CLIN 2 / Group 2 $________

3) CLIN 3 / Group 3 $________

4) CLIN 4 / Group 4 $________

5) CLIN 5 / Group 5 $________

6) CLIN 6 / Group 6 $________

7) CLIN 7 / Group 7 $________

The Contractor must provide quantity and unit price for each CLIN item for informational purposes only. The Contractor must 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 must be used:

1) Grand Total

2) Line Item Total

3) Element Total Cost

The Contractor will be entitled to request a single lump sum payment for Mobilization and Demobilization, not to exceed five (5) percent of total contract price upon successful completion of the mobilization and demobilizations requirements as described in Section C – Statement of Work.

B.4.1 CLIN PRICING INFORMATION

The Contractor must provide pricing information for each CLIN in the “Pricing Tables” located in Section J – Attachments. The Contractor must not change, add or delete additional cells, and the Contractor must provide required information as designated cells in the pricing table. The Contractor must use the following Units of Measure designation:

1) Lump Sum (LS)

2) Cubic Meter (CM)

USAID will obligate the amount as stated above for the performance and completion of the required services as described in Section C – Descriptions/Specifications, Section J – List of Documents, Exhibits, and Other Attachments, and in accordance with the terms and conditions of this contract.

B.4.2 BLOOD CENTER EQUIPMENT OPTIONS

Sub CLINs O-1.19A (Generator), O-1.19B (UPS), and O-1.19C (Incinerator) indicated in Attachment J.1- Pricing Table B-1 include purchase and installation of the indicated equipment by the Contractor. These Sub CLINs are included as Options for USAID. The Contractor’s pricing for these items will be included or excluded at USAID’s discretion. Details describing the equipment are included in Section J (specifications and drawings).

B.4.3 UNIT COST RATE FOR DIFFERING/UNFORESEEN SITE

CONDITIONS

The Contractor’s unit prices must 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 must 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

i. 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.

ii. INSURANCE

The Contractor must 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 must insure against liability for loss, damage, death and/or bodily injury which may occur to any physical property or to any persons. The Contractor must 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 must be maintained in full force and effective from the award date up to the final acceptance date.

The Contractor must 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

iii. APPLICATION OF PAYMENT (AOP)

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

The Contractor must 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 must not exceed the percentage of work allocated to that Sub-Contractor for each respective Schedule of Value(s), and must not exceed the total value of the subcontract amount.

iv. BILLING PERIOD / PAYMENT CYCLE

The billing period is defined as the period in which all work completed must be submitted for payment by the Contractor. The billing period/payment cycle must be monthly and commence at the beginning of the first day of each month and conclude at the end of the last day of the month.

v. SUBCONTRACTOR PAYMENT BOND

The Contractor is required to obtain a Payment Bond from a major Ethiopian bank in the amount of at least 20% of the total Group cost that will be held by a bank until released by USAID upon Final Acceptance. A Payment Bond assures payments as required by law to all persons or subcontractors supplying labor or material for this contract.

vi. BILLING DUE DATE

AOPs must be submitted no later than the 15th of each month, or the following work day should the 15th fall on the weekend or a holiday as observed by the US Embassy in Addis Ababa. The Contractor may request a revised date for review and approval to the COR no later than fourteen

(14) calendar days upon CA.

vii. 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 estimated percentage of actual work completed. The Contractor must submit percentage completed in accordance with the approved Bill of Quantities (BOQ). In the event of a discrepancy, the COR must retain the sole right and authority to determine percentage completed.

viii. RETAINAGE (FAR 52.232-5 (e))

The CO will withhold ten (10) percent of each approved AOP in lieu of a performance bond.

Half of the amount retained will be released to the Contractor upon Final Acceptance. The remaining retention value will be released to the Contractor upon successful completion of the warranty period, as described in Section E – Inspection and Acceptance and Section J – List of Attachments.

ix. 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 must be used to determine the value for each AOP, unless otherwise specified in the contract documents. Percentage of completion must be determined by comparing the actual work completed in a billing cycle in relation to the approved detailed schedule and BOQ.

x. BILL OF QUANTITIES (BOQ)

The Contractor must submit, no later than fourteen (14) calendar days after Contract Award, a detailed BOQ to the COR for review and approval. The BOQ must 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 Attachment J.1, Tables B-1 through B-7. The Contractor must 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 BOQ must contain enough detail to permit accurate payment on a Percentage of Work Complete basis (as described above). Under no circumstance, must the total aggregate dollar value of each “element total cost” exceed the amounts shown in Tables B-1 through B-7.

The approved baseline BOQ must be used for all payment applications, unless otherwise stated in the contract documents. The Contractor must submit an updated BOQ with each AOP along with a comparison to the approved baseline BOQ. The Contractor must 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.

xi. 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 must use “Percentage Work Complete” as described above as the basis for determining monthly construction activity payments for each AOP. The Contractor must use the approved baseline BOQ to indicate quantity of work complete, and describe the methodology used to calculate the percentage of work complete for each value. The COR must reserve the right to determine the final value of work submitted for each AOP. Under no circumstance must the Contractor submit for payment or be entitled to additional compensation for quantities above the approved BOQ and payment above the total fixed price as described herein, unless otherwise approved in writing by the CO.

xii. EQUITABLE ADJUSTMENT UNIT RATE FOR DIFFERING/UNFORESEEN

SITE CONDITIONS

In the event the Contractor discovers differing and/or unforeseen site conditions, the Contractor must immediately notify the Contracting Officer and COR for further direction. Upon written approval from the Contracting Officer, the Contractor must 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 according to the unit rates 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.

xiii. TAXES, DUTIES, FEES

This contract is exempt from value added taxes (VAT) and all duty/import taxes.

xiv. PARTIAL / MONTHLY PAYMENTS

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

xv. FINAL PAYMENT

The Contractor’s Request for Final Payment must 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 must 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 must retain all other remedies available to it at law and in equity.

xvi. 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 must 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

i. GENERAL INFORMATION

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 must provide native non-PDF files to the COR within five (5) calendar days upon written request. The Contractors’ AOP must be placed on “hold” status until all documentation has been submitted. The Contractor must submit each AOP electronically to the following representatives:

The COR must 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 must be:

1) In compliance with the 48 CFR 52.232-5 - PAYMENTS UNDER FIXED-PRICE

CONSTRUCTION CONTRACTS

2) Reviewed and certified by the Contractors authorized representative

a. COVER PAGE

At a minimum, the Cover Page must 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)

b. SF 1034 - PUBLIC VOUCHER FOR PURCHASES AND SERVICES OTHER

THAN PERSONAL

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

c. BILL OF QUANTITIES (BOQ)

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

d. MONTHLY PROGRESS REPORTS

See Section F – Deliveries or Performance and Section J – List of Documents, Exhibits, and Other Attachments.

e. 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 CONSTRUCTION SITES LOCATIONS

See Section C – Descriptions/Specifications and Section J – List of Documents, Exhibits, and Other Attachments.

(End of Section B)

SECTION C -- DESCRIPTION/SPECIFICATIONS

C.1 BACKGROUND INFORMATION

USAID is working in partnership with the Ethiopia Ministry of Health to improve health infrastructure throughout Ethiopia as part of USAID’s Ethiopia Health Infrastructure Program (EHIP). The current phase of EHIP includes construction of 17 health centers in rural areas of Ethiopia and a new National Blood Transfusion Center in Addis Ababa. USAID has completed all design documents (drawings and specifications) for the construction of the health facilities.

The 17 health centers were partially constructed by a previous implementing partner and are currently between approximately 5% and 50% complete. Each of the 17 health centers is composed of multiple buildings (blocks) that total approximately 900 square meters.

The new National Blood Transfusion Center will serve as the center of growth for the Federal Ministry of Health’s National Blood Transfusion Center. It will include a basement, ground floor, and three additional floors (five levels total) that total approximately 5,000 square meters.

It will be located within the compound of the Federal Ministry of Health in Addis Ababa.

Locations of the 17 health centers and the blood center are indicated in the map below. Detailed location and contact information for each site is provided on the cover sheet of each set of site drawings in Section J (Attachments).

C.2 SCOPE

The Contractor will complete all requirements according to the drawings and specifications included in Section J to complete the construction of the health centers and blood center described within.

The 17 health centers and the National Blood Transfusion Center are organized into multiple Project Groups. Each Group is composed of two or three of the 18 construction sites. The Groups are described below:

CLIN 1 / Group 1

Site 1.1 National Blood Transfusion Center Site 1.2 Lemi Health Center

CLIN 2 / Group 2

Site 2.1 Finchawa Health Center Site 2.2 Gerbicho Health Center Site 2.3 Haro Health Center

CLIN 3 / Group 3

Site 3.1 Kulmesk Health Center Site 3.2 Girana Health Center Site 3.3 Gelsha Health Center

CLIN 4 / Group 4

Site 4.1 Walela Bahar Health Center Site 4.2 Addis Bet-Christian Health Site 4.3 Dabat Health Center

CLIN 5 / Group 5

Site 5.1 Agumamit Health Center Site 5.2 Kuni Health Center Site 5.3 Gulem Dejen Health Center

CLIN 6 / Group 6

Site 6.1 Gult Health Center Site 6.2 Maksegnt Health Center

CLIN 7 / Group 7

Site7.1 Kachana Gudie Health Center Site7.2 Lideta Health Center

A. GENDER SENSITIVITY

The Contractor is required to give equal consideration to women and men for all employment opportunities, including construction worker positions. The Contractor should make every effort to improve the number of women and men working on the project and to balance the position levels (laborer, supervisor, etc.) of women and men. When assigning tasks the Contractor must take into consideration the abilities and special needs of each employee. The Contractor must demonstrate actions intended to ensure that women and men both feel equally comfortable in raising concerns or complaints to their supervisors, such as designating a woman to serve as a liaison between female employees and the Project Manager. The Contractor must provide private toilet/bathroom facilities for women and men at each construction site. The Contractor must allow USAID to provide brief trainings regarding gender equality, gender-based violence, and other related topics to all construction site workers during work hours (approximately one 20 minute training every month). The COR, in coordination with the USAID/Ethiopia Gender Advisor, will discuss these issues with the Contractor after the award date, and will monitor the activities during implementation.

B. PARALLEL PROGRESS

Each site within a Group must be constructed in parallel, or simultaneously. Construction at all sites within a Group must be initiated promptly upon receipt of Notice To Proceed.

C. KEY PERSONNEL

Each Project Group must have its own Project Manager. Each project site must have its own Superintendent and Quality Manager. For example, for Group 1, the Contractor must have one Construction Project Manager (one for the Group overall), two Construction Superintendents (one for each project site), and two Construction Quality Managers (one for each project site).

D. LOCALLY-AVAILABLE PRODUCTS

This paragraph applies to the health centers only. The Contractor will identify products/materials referenced in the drawings and specifications that are not available within Ethiopia (which must be imported) and the Contractor will propose substitute products that are available within Ethiopia. The Contractor will follow the Substitution Procedures described in the specifications to the greatest extent possible. The Contractor will submit the best locally-available substitute product for consideration by USAID, even if it does not fully meet the requirements of the drawings and specifications. USAID will make every effort to substitute all import products with locally-available products, but cannot guarantee that it will ultimately be able to do so.

E. EXISTING MATERIALS

Existing materials are available at the health center sites that the Contractor should use. These materials are listed in Section J (Attachments) and should be reviewed and revised by the Contractor during pre-bid site visits. Use of the existing materials is strongly preferred but not required, and the Contractor is responsible for confirming that all materials used by the Contractor meet all requirements of the drawings and specifications. Where the Contractor decides to use the existing materials, the Contractor should indicate the cost savings in the cost proposal.

F. COORDINATION WITH OTHERS

USAID may hire a separate firm to drill groundwater wells at the health center sites, a separate firm to obtain electricity connections, and separate companies for other purposes. The Contractor will be responsible for coordinating with the separate firms hired by USAID and others associated with their work, such as the Ethiopian Electricity Utility. This includes allowing the companies access to the site and coordinating time for the companies to conduct their work on the site.

G. SAFETY EQUIPMENT

The Contractor is required to purchase and provide new safety equipment, including work boots, hard hats, gloves, safety glasses, and high-visibility vests, for every person working on the construction site. Additional information regarding safety equipment is described in the specifications in Section J.

H. SITE SECURITY

The Contractor is required to secure each site 24 hours per day, including the use of security guards, no later than 14 days following the contract award date until completion and Final Acceptance.

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 must provide all superintendence, labor, materials, equipment, services (e.g., water and power), 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. ENGINEER

The term “Engineer” refers to an independent Engineering Services and Construction Oversight firm that will be employed and funded by USAID to provide technical assistance, project monitoring, and quality assurance. Responsibilities of the Engineer are further defined in Section G - Contract Administration Data.

(End of Section C)

SECTION D -- PACKAGING AND MARKING

D.1 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 semifinished 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

USAID policy is to require exclusive branding and marking in USAID direct acquisitions using any source of funding (ADS 320.3.2 Branding and marking in USAID Direct Contracts).

"Exclusive Branding" means that the program is positioned as USAID’s, as showcased by the program name (Ethiopia Performance Monitoring and Evaluation Services [EPMES]).

"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 (see ADS 320.4.1 and 320.3.4.2).

The Contractor will comply with the requirements of the USAID “Graphic Standards Manual” available at www.usaid.gov/branding, or any successor branding policy.

The program under this contract will be known as the Ethiopia Performance Monitoring and Evaluation Services [EPMES] Project. The contractor’s branding strategy and marking plan must be submitted within 30 days of Contract Award.

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

NUMBER TITLE

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

DATE

52.246-4 Inspection of Services – Fixed Price. AUG 1996

E.2 FAR 52.246-12 INSPECTION OF CONSTRUCTION (AUG. 1996)

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not --

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may --

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction.

However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

(End of Clause)

(END OF SECTION E)

SECTION F -- DELIVERIES OR PERFORMANCE

F.1 GENERAL INFORMATION

All deliverables and submission must be in the English Language. The Contractor must 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 must relieve its right in its entirety to additional time and/or compensation should it fail to provide written notification with the aforementioned timeframe.

F.2 DELIVERABLE SUBMISSION SCHEDULE

The Contractor must 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 must be required to abide by all reporting requirements per the contract documents in its entirety.

a. Within fourteen (14) Calendar Days from Contract Award (Required for Issuance of Notice to Proceed)

(i) Proof of Insurance – Section B

(ii) Proof of Payment Bond – Section B

(iii) Application for Payment Format – Section B

(iv) Billing Due Date – Section B

(v) Bill of Quantities – Section B

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

(vii) Project Scheduler Nomination – Specs Section 013200

(viii) Mobilization Plan – Specs Section 011000

(ix) Engineer’s Field Office Plan – Specs Section 011000

b. Within thirty (30) Calendar days from Contract Award (Required for Issuance of

Notice to Proceed)

(i) Site Layout Plan – Specs Section 011000

(ii) Preliminary Project Schedule – Specs Section 013200

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

(iv) Construction Quality Control Plan – Specs Section 014000

(v) Waste Management Plan – Specs Section 017419

(vi) Branding and Marking Plan – Specs Section D

(vii) Environmental Management Plan – Specs Section 011000

c. Within thirty (30) Calendar days after Issuance of Notice to Proceed

(i) Detailed Project Schedule – Specs Section 013200

(ii) Contractor’s Equipment/Materials/Plant Delivery Forecast – Specs Section 011000

(iii) Demobilization Plan – Specs Section 011000

(iv) Submittal Register – Specs Section 013300

d. Within fourteen (14) Calendar days After Final Acceptance

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

List. At a minimum, the report must include:

a. Summary of activities completed to achieve the contract objectives

b. Problems encountered and solutions undertaken

c. Final calculation of total contract value

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

e. At 365 calendar days after Final Acceptance (Completion of the Warranty Period)

(i) Certificate of Final Warranty Completion

F.3 SPECIAL REPORTING REQUIREMENTS

The Contractor must 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.4 DELIVERABLE SUBMISSION

All reports and deliverables must be sent to the COR and Engineer in a PDF electronic format.

All schedules must be submitted in an unlocked Microsoft Project and PDF format, and all percentage complete Bill of Quantities must be submitted in an unlocked Microsoft Excel and PDF format.

F.5 KEY PERSONNEL

Key personnel must be available within 30 days upon contract signature to initiate the project.

The following are considered Key Personnel:

(i) Chief of Party/Construction Project Manager (COP/CPM);

ii) Construction Superintendent;

iii) Construction Quality Manager;

The key personnel identified above are considered essential to the work being performed under this contract. The Contractor must remain responsible for providing such key personnel for full-time performance for the term of this contract unless otherwise agreed to by the Contracting Officer.

The Contractor must make Key Personnel immediately available upon award. The failure to provide the key personnel designated above may be considered nonperformance unless such failure exists beyond the control, and through no fault or negligence, of the Contractor.

The Contractor must immediately notify the Contracting Officer and the COR of any key personnel’s departure and the reasons therefore.

The Contractor must take steps to immediately rectify the departure of key personnel and will propose a substitute candidate for each vacated position. The Contractor must not replace any of the key personnel without the written consent of the Contracting Officer and the COR whether provided in advance or by ratification. The Contractor must furnish key personnel who possess the required qualifications for the work. USAID reserves the right to adjust the level of key personnel during the performance of this contract.

F.6 PERIOD OF PERFORMANCE

The delivery or performance period of requirements for this acquisition is based on a review of historical time requirements for similar construction activities in Ethiopia, along with advice from subject matter experts, e.g., engineers. The overall performance period is 24 months for the National Blood Transfusion Center and 18 months for the health centers from the date of Notice to Proceed (NTP).

F.7 AUTHORIZED GEOGRAPHIC CODE

The authorized geographic code for procurement of goods and services under this Task Order is 935.

F.8 PLACE OF PERFORMANCE

The contract place of performance will be in Ethiopia.

(End of Section F)

SECTION G -- CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER’S AUTHORITY

The Contracting Officer is the only person authorized to make or approve any changes in the requirements of this Contract and notwithstanding any provisions contained elsewhere in this Contract, the said authority remains solely in the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

G.2 AIDAR 752.7003 DOCUMENTATION FOR PAYMENT (NOV. 1998)

(a) Claims for reimbursement or payment under this contract must be submitted to the Paying

Office indicated in the schedule of this contract. The Contracting Officer Representative (COR) is the authorized representative of the Government to approve vouchers under this contract. The Contractor must submit either paper or fax versions of the SF-1034 –Public Voucher for Purchases and Services Other Than Personal. Each voucher shall be identified by the appropriate USAID contract number, in the amount of dollar expenditures made during the period covered.

(1) The SF 1034 provides space to report by line item for products or services provided. The form provides for the information to be reported with the following elements:

(2) The fiscal report shall include a certification, signed by an authorized representative of the Contractor, as follows:

The undersigned hereby certifies to the best of my knowledge and belief that the fiscal report and any attachments have been prepared from the books and records of the Contractor in accordance with the terms of this contract and are correct: the sum claimed under this contract is proper and due, and all the costs of contract performance (except as herewith reported in writing) have been paid, or to the extent allowed under the applicable payment clause, will be paid currently by the Contractor when due in the ordinary course of business; the work reflected by these costs has been performed, and the quantities and amounts involved are consistent with the requirements of this Contract; all required Contracting Officer approvals have been obtained; and appropriate refund to USAID will be made promptly upon request in the event of disallowance of costs not reimbursable under the terms of this contract.

BY:______________________________________

TITLE:___________________________________

DATE: ___________________________________

Total Expenditures [Document No.:xxx-xxx-x-xx-xxxxx]

Line Item Description Amt. Vouchered To Date Amt. Vouchered This Period 001 Product/Service Description $xxx.xx $xxx.xx 002 Product/Service Description $xxx.xx $xxx.xx

Total $xxxx.xx $xxxx.xx

(b) Local currency payment. The Contractor is fully responsible for the proper expenditure and control of local currency, if any, provided under this contract. Local currency will be provided to the Contractor in accordance with written instruction provided by the Mission Director. The written instructions will also include accounting, vouchering, and reporting procedures. A copy of the instructions shall be provided to the Contractor’s Chief of Party and to the Contracting Officer. The costs of bonding personnel responsible for local currency are reimbursable under this contract.

(c) Upon compliance by the Contractor with all the provisions of this contract, acceptance by the Government of the work and final report, and a satisfactory accounting by the Contractor of all Government-owned property for which the Contractor had custodial responsibility, the Government shall promptly pay to the Contractor any moneys (dollars or local currency) due under the completion voucher. The Government will make suitable reduction for any disallowance or indebtedness by the Contractor by applying the proceeds of the voucher first to such deductions and next to any unliquidated balance of advance remaining under this contract.

(d) The Contractor agrees that all approvals of the Mission Director and the Contracting Officer which are required by the provisions of this contract shall be preserved and made available as part of the Contractor’s records which are required to be presented and made available by the clause of this contract entitled “Audit and Records – Negotiation”.

G.3 ADMINISTRATIVE CONTRACTING OFFICE

The Administrative Contracting Office is Office of Acquisition and Assistance, USAID/ Ethiopia, which can be contacted at the following addresses:

USAID/Ethiopia Office of Acquisition and Assistance US Embassy Addis Ababa Entoto Street, P. O. Box 1014 Addis Ababa, Ethiopia

G.4 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The contracting officer’s technical representative (COR) will be appointed by the Contracting Officer through a separate COR designation letter, a copy of which will be provided to the contractor. The COR will be located in the Office of USAID/Ethiopia at the following address:

USAID/Ethiopia, HAPN Office US Embassy Entoto Street P. O. Box 1014

G.5 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID

(a) Technical Directions is defined to include:

(1) Written directions to the Contractor which fill in details, suggest possible lines of inquiry, or otherwise facilitate completion of work;

(2) Provision of written information to the Contractor which assists in the interpretation of drawings, specifications, or technical portions of the work statement;

(3) Review and, where required, provide written approval of technical reports, drawings, specifications, or technical information to be delivered. Technical directions must be in writing, and must be within the scope of the work as detailed in Section C.

(b) The COR is authorized by designation to take any or all action with respect to the following which could lawfully be taken by the Contracting Officer, except any action specifically prohibited by the terms of this Contract:

(1) Assure that the Contractor performs the technical requirements of the contract in accordance with the contract terms, conditions, and specifications.

(2) Perform or cause to be performed, inspections necessary in connection with a) above and require the Contractor to correct all deficiencies; perform acceptance for the Government.

(3) Maintain all liaison and direct communications with the Contractor. Written communications with the Contractor and documents shall be signed as "Contracting Officer’s Technical Representative" with a copy furnished to the Contracting Officer.

(4) Issue written interpretations of technical requirements of Government drawings, designs, and specifications.

(5) Monitor the Contractor's production or performance progress and notify the Contractor in writing of deficiencies observed during surveillance, and direct appropriate action to effect correction. Record and report to the Contracting Officer incidents of faulty or nonconforming work, delays or problems.

(6) Obtain necessary security clearance and appropriate identification if access to Government facilities is required. If to be provided, ensure that Government furnished property is available when required.

(7) Review and approve Scopes of Work for Short-Term Technical Assistance.

LIMITATIONS: The COR is not empowered to award, agree to, or sign any contract (including delivery or purchase orders) or modifications thereto, or in any way to obligate the payment of money by the Government. The COR may not take any action which may impact on the contract schedule, funds, scope or rate of utilization of LOE. All contractual agreements, commitments, or modifications which involve prices, quantities, quality, schedules shall be made only by the Contracting Officer.

(c) The COR is required to meet weekly with the Contractor and the Contracting Officer concerning performance of items delivered under this contract and any other administration or technical issues in order to stay in control. Telephonic reports may be made if no problems are being experienced. Problem areas should be brought to the immediate attention of the Contracting Officer.

(d) In the absence of the designated COR, the designated Alternate COR will act on his/her behalf.

(e) Contractual Problems - Contractual problems, of any nature, that may arise during the life of the contract must be handled in conformance with specific public laws and regulations (i.e.

Federal Acquisition Regulation and Agency for International Development Acquisition Regulation). The Contractor and the COR shall bring all contracting problems to the immediate attention of the Contracting Officer. Only the Contracting Officer is authorized to formally resolve such problems. The Contracting Officer will be responsible for resolving legal issues, determining contract scope and interpreting contract terms and conditions. The Contracting

Officer is the sole authority authorized to approve changes in any of the requirements under this contract. Notwithstanding any clause contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. These changes include, but will not be limited to the following areas: scope of work, price, quantity, technical specifications, delivery schedules, and contract terms and conditions. In the event the Contractor effects any changes at the direction of any other person other than the Contracting Officer, the change will be considered to have been made without authority.

(f) Failure by the Contractor to report to the Administrative Contracting Office, any action by the Government considered to be a change, within the specified number of days contained in FAR 52.243-7 (Notification of Changes), waives the Contractor's right to any claims for equitable adjustments.

G.6 Contractor’s Primary Point of Contact

The contractor’s primary point of contact for this award is:

Name: _____________________________ Title: _____________________________ E-mail: _____________________________ Phone: _____________________________

[To be completed by the offeror]

G.7 Paying Office

The paying office for this contract is:

USAID/Ethiopia Office of Financial Management US Embassy Addis Ababa, Entoto Street, P. O. Box 1014, G.8 Invoicing Instructions:

One (1) original of each invoice shall be submitted on an SF-1034 Public Voucher for Purchases and Services Other Than Personal to:

USAID/Ethiopia Office of Financial Management US Embassy Addis Ababa, Entoto Street, P. O. Box 1014, Addis Ababa, Ethiopia

One copy of the voucher and the invoice shall also be submitted to the Contracting Officer and the COR.

Electronic submission of invoices is encouraged. The SF-1034 must be signed, and it must be submitted along with…