SOL-669-16-000005_SHINE.pdf

CALL

SOLICITATION, OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

SOL-669-16-000005

2. TYPE OF SOLICITATION

SEALED BID (IFB)

X NEGOTIATED (RFP)

3. DATE ISSUED

02/29/2016

PAGES OF PAGES

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

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NO.

7. ISSUED BY CODE CT 8. ADDRESS OFFER TO

USAID/Liberia

American Embassy

502 Benson Street

Monrovia, Liberia

Mary Wambugu via e-mail: Mwambugu@usaid.gov

Thomatta Cooper via e-mail: Tccooper@usaid.gov

Cheryl Hodge-Snead via e-mail: Chodge-snead@usaid.gov

9. FOR INFORMATION

A. NAME

Mary M. Wambugu

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

COLLECT CALLS)

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):

Title of Project: Construction Services for Sustainable High Impact Infrastructure for Education and Agriculture (SHINE)

Program.

This acquisition is set aside 100% for Small Business.

The magnitude of construction is more than $10,000,000 and is further broken-out per CLIN/project in Section B.

Site Visit is schedule for March 21, 2016 to April 1, 2016. Refer to Section L for specific date and time.

Proposal Due Date/Local Time: April 28, 2015 at 4:00 p.m. Liberia Time.

A performance and payment bond, in the penal amount of 100% of contract price, shall be submitted to Government after award but before issuance of Notice to Proceed

11. The Contractor shall begin construction within __30___ calendar days and complete it within _1,095_ calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable.

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES," indicate within how many calendar days after award in Item 12B.)

YES NO

12B. CALENDAR DAYS

15 Calendar Days

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Offers in to perform the work required are due at the place specified in Cover Letter by__1600___ (hour) local time (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

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

D. Offers providing less than ___180____ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101

STANDARD FORM 1442(REV. 4-85)

Prescribed by GSA FAR(48 CFR) 53.236-1(e)

0231 776 776 393

REQ-669-14-000032

SOLICITATION NO. SOL-669-16-000005

Page 2 of 123 Pages

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

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

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 stated 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 incorporated by reference in or attached to this contract.

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

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED

TO SIGN (Type or print)

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

30B. SIGNATURE

30C. DATE 31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

Page 3 of 123 Pages

Page 4 of 123 Pages

SOL-669-16-000005

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

B.2 CONTRACT TYPE

B.3 FIXED PRICE CONSTRUCTION SERVICES

C.1 ACRONYMS

C.2 INTRODUCTION AND SUMMARY

C.3 STATEMENT OF WORK

SECTION D - PACKAGING AND MARKING

D.1. 752.7009 - MARKING (JAN 1993)

D.2 BRANDING

D.3 MARKING AND BRANDING STRATEGY

D.4 BRANDING IMPLEMENTATION AND MARKING PLAN

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE20

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

E.3 INSPECTION AND ACCEPTANCE

E.4 MONITORING AND EVALUATION AND PERFORMANCE STANDARDS

E.5 PERFORMANCE EVALUATION

SECTION F – DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

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

WORK (APR 1984)

F.3 PERIOD OF PERFORMANCE

F.4 PLACE OF PERFORMANCE

F.5 PERFORMANCE STANDARDS

F.6 SCHEDULE OF DELIVERABLES

F.7 REPORTS

F.8 KEY PERSONNEL

F.9 CONTRACTOR SITE SPECIFIC MANAGEMENT PERSONNEL

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 ADMINISTRATIVE CONTRACTING OFFICE

G.2 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

G.3 INVOICES AND PAYMENT

G.4 ACCOUNTING AND APPROPRIATION DATA:

G.5 MODIFICATION AUTHORITY

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 AIDAR 752.225-70 SOURCE AND NATIONALITY REQUIREMENTS (FEB

2012)(CLASS EVIATION NO. OAA-DEV-12-01C)

H.2 AIDAR 752.228-3 WORKER’S COMPENSATION INSURANCE (DEFENSE

BASE 37

ACT) 37

H.3 AIDAR 752.228-70 – MEDICAL EVACUATION (MEDEVAC) SERVICES

Page 5 of 123 Pages

H.4 AIDAR 752.236-70 STANDARDS FOR ACCESSIBILITY FOR THE DISABLED

IN USAID CONSTRUCTION CONTRACTS (JULY 2007)

H.5 AIDAR 752.7004 EMERGENCY LOCATOR INFORMATION

H.6 AIDAR 752.7006 NOTICES (APR 1984)

H.7 ADS 302.3.5.5 REPORTING OF FOREIGN TAXES (JULY 2007)

H.8 NONDISCRIMINATION (JUNE 2012)

H.9 USAID IMPLEMENTING PARTNER NOTICES (IPN) PORTAL FOR

ACQUISITION (JULY 2014)

H.10. SUBMISSION OF DATASETS TO THE DEVELOPMENT DATA LIBRARY

(DDL) (OCTOBER 2014)

H.11 ELECTRONIC PAYMENTS SYSTEM

H.12 AUTHORIZED GEOGRAPHIC CODE

H.13 LOGISTIC SUPPORT

H.14 LANGUAGE REQUIREMENTS

H.15 EXECUTIVE ORDERS ON TERRORISM FINANCING

H.16 USAID DISABILITY POLICY (DEC 2004)

H.17 PROHIBITION OF ASSISTANCE TO DRUG TRAFFICKERS (ADS 206)

H.18 ENVIRONMENTAL CONSIDERATIONS

H.19 CONFIDENTIALITY AND OWNERSHIP OF INTELLECTUAL PROPERTY

H.20 DISCLOSURE OF INFORMATION

H.21 GENDER REPORTING

H.22 FACILITIES USED FOR RELIGIOUS ACTIVITIES

SECTION I - CONTRACT CLAUSES

I.1. NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE49

I.2 FAR 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND

CONDUCT (APR 2010)

I.3 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES

THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS

(APR 2015) (DEVIATION 2015-02)

I.4 FAR 52.222-50 ALT I COMBATING TRAFFICKING IN PERSONS (MAR

2015) 58

I.5 52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS

COMPLIANCE PLAN (MAR 2015)

I.6 FAR 52.227-4 PATENT INDEMNITY--CONSTRUCTION CONTRACTS (APR

1984) 68

I.7 FAR 52.228-1 -- BID GUARANTEE (SEP 1996)

I.8 52.228-11 -- PLEDGES OF ASSETS (JAN 2012)

I.9 52.228-12 -- PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (MAY

2014) 70

I.10 52.228-14 -- IRREVOCABLE LETTER OF CREDIT (NOV 2014)

I.11 FAR 52.228-15 PERFORMANCE AND PAYMENT BONDS—

CONSTRUCTION (OCT 2010)

I.12 FAR 52.236-2 - DIFFERING SITE CONDITIONS (APR 1984)

Page 6 of 123 Pages

I.13 52.236-3 - SITE INVESTIGATION AND CONDITIONS AFFECTING THE

WORK (APR 1984)

I.14 FAR 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

I.15 FAR 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR

1984) 77

I.16 FAR 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

I.17 FAR 52.236-8 OTHER CONTRACTS (APR 1984)

I.18 FAR 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES,

EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984)

I.19 FAR 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

I.20 FAR 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR

1984) 79

I.21 FAR 52.236-12 CLEANING UP (APR 1984)

I.22 FAR 52.236-13 ACCIDENT PREVENTION (NOV 1991)

I.23 FAR 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR

1984) 81

I.24 FAR 52.236-16 QUANTITY SURVEYS (APR 1984)

I.25 FAR 52.236-17 LAYOUT OF WORK (APR 1984)

I.26 FAR 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(FEB 1997) ALTERNATE II (APR 1984)

I.27 FAR 52.236-26 - PRECONSTRUCTION CONFERENCE (FEB 1995)

I.28 FAR 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984) . 84

I.29 AIDAR 752.202-1 DEFINITIONS ALT 70 JAN 1990

I.30 AIDAR 752.202-1 DEFINITIONS ALT 72 (DEC 1986)

I.31 STANDARDS FOR ACCESSIBILITY FOR THE DISABLED IN USAID

CONSTRUCTION CONTRACTS (JULY 2007)

I.32 AIDAR 752.242-70 PERIODIC PROGRESS REPORTS (OCT 2007)

I.33 AIDAR 752.245-70 GOVERNMENT PROPERTY—USAID REPORTING

REQUIREMENTS (JULY 1997)

I.34 AIDAR 752.245-71 TITLE TO AND CARE OF PROPERTY (APR 1984)

I.35 AIDAR 752.7013 CONTRACTOR-MISSION RELATIONSHIPS (OCT 1989)91

I.36 AIDAR 752.7025 APPROVALS (APR 1984)

I.37 AIDAR 752.7027 PERSONNEL (DEC 1990)

I.38 AIDAR 752.7035 PUBLIC NOTICES (DEC 1991)

I.39 AIDAR 752.7101 VOLUNTARY POPULATION PLANNING ACTIVITIES (JUNE

2008) 93

SECTION J – LIST OF DOCUMENTS EXHIBITS AND OTHER

ATTACHEMENTS

J.1 BOQ/ BUDGET FORMAT

J.2 TENDER DRAWINGS, DESIGN CRITERIA AND SPECIFICATIONS FOR CLIN

0001 to CLIN 0007

J.3 TENDER DRAWINGS, DESIGN CRITERIA AND SPECIFICATIONS FOR CLIN

0008 to CLIN 0012

Page 7 of 123 Pages

J.4 INITIAL ENVIRONMENTAL EVALUATION (IEE)

J.5 TEMPLATE BRANDING AND MARKING PLAN

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS

OF OFFERORS OR RESPONDENTS

K.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE96

K.2 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (APR

2015) (DEVIATION 2015-02)

K.3 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY

2014) 97

K.4 FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS

(APR 2010)

K.5 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS

(FEB 2012)

K.7 AGREEMENT ON, OR EXCEPTIONS TO, TERMS AND CONDITIONS

K.8 SIGNATURE

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

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

L.4 52.233-2 - SERVICE OF PROTEST (SEP 2006)

L.5 SITE VISIT

L.6 GENERAL INSTRUCTIONS TO OFFERORS

L.7 DELIVERY INSTRUCTIONS

L.8 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL . 112

5) Past Performance (10 pages)

L.9 INSTRUCTIONS FOR THE PREPARATION OF THE PRICE PROPOSAL

L.10 BRANDING AND MARKING PLAN

M.1. BASIS FOR AWARD

M.2. EVALUATION OF TECHNICAL PROPOSAL

Past Performance Relevancy

RATING

Very Relevant

Relevant magnitude of effort and complexities this solicitation requires

Somewhat requires

Not Relevant

M.3. EVALUATION OF PRICE PROPOSALS

Page 8 of 123 Pages

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this procurement is to provide a contract for construction services for the construction of vertical infrastructure facilities located in counties and towns identified in Section C.

The Sustainable High Impact Infrastructure for Education and Agriculture (SHINE), as further described in Section C and J of this solicitation shall provide construction services in support of ongoing USAID projects in agriculture, higher education, economic governance and natural resource management. The contractor will provide all resources (labor, management, supervision, tools, material and equipment) necessary for the production of “construction working drawings, renovation and/construction of facilities identified, based on the USAID provided “for-tender “drawings and specifications.

B.2 CONTRACT TYPE

The contract type is a Firm-Fixed Price (FFP).

B.3 FIXED PRICE CONSTRUCTION SERVICES

B.3.1. SCHEDULE OF FIXED-PRICE CONSTRUCTION SERVICES:

The contractor is responsible to provide all resources necessary to complete construction works to include supply of laboratory equipment and seeds and grains processing the storage equipment(s) as identified in the following CLINS and described in the Statement of Works (Section C), Drawings and Specifications (Section J.1).

CLIN# Activity

MAGNITUDE OF

CONSTRUCTION

Quantity UNIT

TOTAL

FIXED PRICE

Mobilization/Demobilization-

I

$1,000,000 to

$2,000,000

Lump

Sum

Full renovation of the Natural

Science Building, Fendell

Campus, UL

$2,000,000 to

$5,000,000

1 LOT

New Construction of 5 Staff

Housing Units (3 each two bedrooms and 2 each one bedroom) in CU, Bong

County

$25,000 to $100,000 5 LOTS

Expansion/renovation of

Library, CU, Bong County $250,000 to $500,000 1 LOT

New construction of Liberia

Institute of Public

Administration (LIPA) class room building, Doemah

$2,000,000 to

Page 9 of 123 Pages town, Margibi county

New Construction of Clinic, CU, Bong County

UL, Engineering Building ( prioritized rehabilitation)

B.3.2. OPTION CLINS: The Government reserves the right to exercise the options within 365 calendar days after issuance of Notice to Proceed. SEE EVALUATION OF OPTIONS, SECTION

M.3.1

CLIN

Description MAGNITUDE OF

CONSTRUCTION

Quantity UNIT TOTAL

FIXED PRICE

Mobilization/Demobilization-

II

$500,000 to $1,000,000 1

Lump

Sum

Expansion and full renovation of Ministry of

Agriculture office Grand

Bassa County

$25,000 to $100,000 1 LOT

New construction of Ministry of Agriculture offices, Nimba and Margibi Counties

$100,000 to $250,000 2 LOTS

New construction of Annex community colleges, Lofa, Bassa and Nimba Counties

$100,000 to $250,000 3 LOTS

0012 Construction of engineering students demonstration projects at the Fendell

Campus of the, UL. $25,000 to $100,000

5 LOTS

0013 New construction of

Integrated Grain/Seed

Storage and Processing

Facility in Bong, Nimba, Bassa and Lofa Counties.

$100,000 to $250,000 4 LOTS

0014 Forestry training Institute $2,000,000 to

B.3.3. The Bill of Quantity (BOQ) format provided in section J.1 shall be utilized to price this requirement. Offerors are to complete and submit the BOQ (see BOQ format attached-section J) with their price proposal as instructed in Section L. USAID will utilize the BOQ to determine price reasonableness and any requests for adjustments resulting from changes made in accordance with changes clause(s) that are made a part of the resultant contract. Payment will be made in accordance with Section G.5, FAR Clauses 52.232-5, Payments under Fixed Price Construction Contracts

(MAY 2014) and FAR 52.232-27, Prompt Payment for Construction Contracts (MAY 2014).

Page 10 of 123 Pages

B.3.4. Exercise of Options

The Government may exercise OPTION CLINs 0008 through 0012 of this contract by written notice to the Contractor within 365 calendar days after issuance of Notice to Proceed; provided that the

Government gives the Contractor a preliminary written notice of its intent to exercise option CLINs at least 60 days before the contract expires. The preliminary notice does not commit the Government to exercise option CLINs.

The total duration of this contract, including the exercise of any option CLINs shall not exceed 4-years.

[End of Section B]

Page 11 of 123 Pages

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 ACRONYMS

ADS: Automated Directorate System

CU: Cuttington University

EGSSA: Environmental Guidelines for Small-Scale Activities in Africa

EHELD: Excellence in Higher Education for Liberian Development

EMMP: Environmental Mitigation and Management Plan

FED: Food and Enterprise Development

FDA: Forestry Development Authority

FtF: Feed the Future

FTI: Forestry Training Institute

GEMS: Governance and Economic Management Support

GBCC: Grand Bassa Community College

GOL: Government of Liberia

LCCC: Lofa County Community College

IEE: Initial Environmental Evaluation

LIPA: Liberia Institute of Public Administration

MOA: Ministry of Agriculture

MPW: Ministry of Public Works

NCCC: Nimba County Community College

NRM: Natural Resource Management

PROSPER: People Rules & Organizations Supporting the Protection of Ecosystem Resources

RFP: Request for Proposal

SHINE: Sustainable High Impact Infrastructure for Education and Agriculture

USAID: United States Agency for International Development

UL: University of Liberia

Page 12 of 123 Pages

C.2 INTRODUCTION AND SUMMARY

The Sustainable High Impact Infrastructure for Education and Agriculture (SHINE) program will provide construction services for vertical infrastructure activities in support of the USAID funded projects in agriculture, higher education, economic governance and natural resource management.

Construction activities targeted under this project includes renovation of higher educational

/vocational training facilities, renovation/construction of Ministry of Agriculture (MOA) county offices (in Nimba, Lofa, Bong and Grand Bassa), the construction of new staff housing units, Library expansion and a health clinic at Cuttington University. The construction of other agriculture related infrastructure like grains storage and processing facilities at various locations are also included in activity. All activities under the SHINE program will include the fulfillment of detailed engineering designs and construction of identified vertical/building construction projects. Key to the implementation of this construction project will include close coordination with the relevant primary beneficiaries including: Government of Liberia (GOL) agencies or ministries, universities, community colleges, private sector agri-businesses and USAID other USAID funded projects including:

USAID funded food security and agribusiness development activities

USAID funded higher education and vocational training activities especially in the development of agriculture, natural sciences and engineering trainings.

USAID support for natural resource management and community forestry.

USAID support for economic governance and capacity development in the Government of

Liberia.

Designate private sector agri-businesses engaged for the integrated seeds and grains facilities.

USAID will:

Provide for tender drawings for all activities.

Provide generic specifications and construction standards to be adopted for the construction and resourcing of all construction activities.

Provide approval of construction working drawings, details and schedules prior to the commencement of each construction activity. Neither the Government's review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract, and the Contractor shall be and remain liable to the

Government in accordance with applicable law for all damages to the Government caused by the Contractor's negligent performance of any of the services furnished under this contract.

Establish an order of priority for construction activities based on which all construction activities will be planned and implemented.

The contractor will:

Develop construction working drawings, detail specification, construction schedules, on the basis of tender drawings provided by USAID and seek USAID approval prior to the start of each construction activity.

Page 13 of 123 Pages

Implement the works in the order of priority established, consistent with the approved construction working drawings and specification, within the period of performance specified in section F of the solicitation.

C.3 STATEMENT OF WORK

The contractor will provide all resources (labor, management, supervision, tools, material and equipment) necessary for the production of “for-construction working drawings, renovation and/construction of facilities identified in section B, F and J, based on the USAID provided “for-tender “drawings and generic specifications provided by USAID. The contractor is also required to work with the benefiting institutions during the construction to support the development of maintenance capacity through work process training and internships of the respective facility management staff. For facilities which require the supply of laboratory or processing equipment

(including UL, Community colleges and integrated seeds and grains storage and processing facilities) the contractor shall provide basic operations and maintenance training/guidance to the beneficiary staff in the operations and maintenance of the provided laboratory and processing equipment.

C.3.1 CONSTRUCTION WORKING DRAWINGS AND SCHEDULES FOR ALL

ACTIVITIES LISTED C.3.2

The contractor is to provide all the resources necessary for the development of construction working drawings, schedules, plans, and specifications. The construction working drawings will be based on the tender drawings and generic specifications provided in Section J.

The following are the minimum requirements:

1) Prepare Construction working drawings, specifications, and construction schedule for all of the activities listed in C.3.2. Each set of construction working drawings at a minimum must consider; site accessibility, structural and architectural details, portable water supply and storage and distribution, power generation and/or supply services.

2) Preparation of site specific Environmental Mitigation and Management Plan (EMMP) for each construction activity.

3) Conduct further environmental evaluation (on construction activities differed in the IEE-attachment J.4), obtain Liberia’s Environmental Protection Agency (EPA) environmental permits and licenses, l and scoping of activities differed in the attached IEE report (Section

J).

4) Provide an overall construction schedule showing construction sequencing of each activity listed in section F.6

The above requirements are to render the following results:

Page 14 of 123 Pages

1) Construction working drawings and details for each construction activity.

2) Construction schedule showing construction sequencing of each activity listed in section F.

C.3.2 CONSTRUCTION WORKS

C.3.2.1 CLINs #0001 through 0007

The contractor shall provide all the resources necessary for the construction of all works utilizing approved construction working drawings, details, schedules, plans and specifications. All

Construction activities shall include at a minimum six (6) months defects liability period. The defects liability period shall commence when the constructed/renovated facility attains substantial completion (considered fit for use) and has been occupied for use by the beneficiaries. The six (6) month defects liability maintenance shall cover the repair of completed components of the facilities which are deemed to have fallen into disrepair as a result of construction related defects and not normal wear and tear or miss-use as a result of occupancy during the defect liability period.

C.3.2.1.1 Full renovation of approximately 120,000 sq. ft. of offices, classrooms, and laboratory space, including plumbing, electrical and mechanical systems, HVAC in laboratories on two floors and including roofing of the Natural Science building of the

University of Liberia, Fendell campus. This task includes external works around this building including drainage, sewage and walkways. Under this activity the contractor shall also provide laboratory equipment for the chemistry, biology and physics labs at the UL, Natural science building. These laboratories must be equipped to conduct basic tests associated with under graduate level physics, chemistry, soil and biology. A total of 8 laboratories shall be equipped with equipment and a supply of chemicals for not more than two academic semesters. The types and quantities of equipment shall be determined in consultation with the University of Liberia College of Science and Technology (attachment

J.2).

C.3.2.1.2 Construction of five new staff housing units on the Cuttington University Campus in Bong County. These staff housing units includes; two-each three-bedroom units (1,000 sq.

ft. per unit) and two-each two- bedroom units (1,250 sq. ft. per unit) (attachment J.2).

C.3.2.1.3 Construction works for the rehabilitation and expansion of the Cuttington

University Library. This task includes an expansion of the existing library by 4,000 square feet, roof reconstruction and full renovation of the existing library (attachment J.2).

C.3.2.1.4 Construction works for the prioritized renovation of classrooms, other instructional space or related support facilities at the UL/Fendell campus engineering building (50,000 square feet) (attachment J.2).

C.3.2.1.5 Construction of new class room building (36,000 square feet) for the Liberia

Institute of Public Administration (LIPA), Doemah town, Margibi County. (Attachment J.2)

Page 15 of 123 Pages

C.3.2.1.6 Construction of a new Clinic on the Cuttington University campus in Bong County

(attachment J.2).

1. Construction of LIPA new office building( 1 unit)

2. Construction of New staff housing units for the CU (5units)

3. Full renovation of Natural Science Building, UL (1 unit)

4. Full renovation and expansion of Library, CU (1 unit)

5. Minor renovation of Engineering building, UL (1unit)

6. Construction of CU Clinic(1 unit)

C.3.2.2 CLINs #0008 through 0012 (OPTIONS)

C.3.2.2.1 The renovation of the FTI (Tubmanburg Bomi) campus in roughly 14 buildings with a total building area of about 20,000 sq. spread over approximately 15 acres in a mixture including staff housing units, offices, classroom buildings, dormitories, kitchen, conference room, library, etc… this task also includes storm drainage systems, rehabilitation of sewage systems, area lightening (solar lights) and walk ways. (Attachment J.3)

C.3.2.2.2 Construction of two (2) Ministry of Agriculture office building of approximately 2100 square feet each in Margibi and Nimba counties (attachment J.3)

C.3.2.2.3 Construction works for the rehabilitation and expansion of the Ministry of Agriculture office building in Bassa ( 1,500 square feet) and one residential building for MOA staff in Bong

County (former BCADP compound- 2,300 square feet) respectively (Attachment J.3)

C.3.2.2.4 Construction of annexes to Community Colleges (Nimba, Lofa and Grand Bassa

County) which will host the agriculture technology and enterprise centers, which includes offices, classrooms and science laboratories. Provide laboratory equipment for chemistry, biology and soil at the community colleges in Nimba, Lofa and Grand Bassa Counties. These laboratories must be equipped to conduct basic tests associated with Agriculture, chemistry and biology in close collaboration with the respective community colleges. (Attachment J.3)

C.3.2.2.5 Construction of four new integrated central seeds, grains vegetable storage and processing sites located in Bong, Nimba, Lofa and Bassa Counties. Each facility will be about 3,000 square feet. These facilities must be constructed based on negotiated cost share arrangements between the primary beneficiary and USAID. Provide grain, processing drying and storage equipment for the newly constructed integrated storage and processing facilities. The completed facilities must also include cold storage facilities and be powered from clean and renewable energy sources. (Attachment J.3)

C.3.2.2.6 Develop programs for the construction of five student demonstration projects for engineering students at the UL in close coordination with USAID/EHELD, the UL Dean of

Engineering and the UL. These projects shall be implemented in a manner which involves the full

Page 16 of 123 Pages participation of engineering students in the detail designs, project planning, scheduling, management, and supervision (attachment J.3).

1. Full renovation of FTI campus (14 units, area lightening, walkways, storm drainage and sewage systems)

2. Construction of New staff housing units for the CU (5units)

3. Construction of MOA offices in Margibi and Nimba counties respectively( 2 units)

4. Construction of Annexes to community colleges in Nimba, Lofa and Bassa (3units)

5. Construction of Integrated seed/grains storage and processing facilities (4 units)

6. Construction of engineering student demonstration projects (5units)

C.4 QUALITY CONTROL SYSTEM

The contractor is to establish and maintain an effective quality control (QC) system in compliance with Contract Clause 52.246-12, INSPECTION OF CONSTRUCTION. The quality control system must consist of plans, procedures, and organization necessary to produce an end product which complies with the contract requirements. The QC system must cover all construction operations, both onsite and offsite, and be keyed to the proposed construction sequence.

C.5 ENVIRONMENTAL COMPLIANCE

The Foreign Assistance Act of 1961, as amended, Section 117 requires that the impact of USAID’s activities on the environment be considered and that USAID include environmental sustainability as a central consideration in designing and carrying out its development programs. This mandate is codified in Federal Regulations (22 CFR 216) and in USAID’s Automated Directives System (ADS)

Parts 201.5.10g and 204 (http://www.usaid.gov/policy/ADS/200/), which, in part, require that the potential environmental impacts of USAID-financed activities are identified prior to a final decision to proceed and that appropriate environmental safeguards are adopted for all activities. A draft of the

Initial Environmental Examination (IEE) is included as attachment J.5. The draft IEE will be reviewed and approved by the Bureau Environment Officer prior to the implementation of any activity under the SHINE project. Detailed EMMP for each activity will be included in the design of each activity.

As detailed further in the IEE, certain activities are granted a Categorical Exclusion from further actions per 22 CFR §216.2 (c)(2), including sections: i) Education, technical assistance, or training programs except to the extent such programs include activities directly affecting the environment

(such as construction of facilities, etc.); v) Document and information transfers; and xiv) Studies, projects, or programs intended to develop the capability of recipient countries to engage in development planning, except to the extent designed to result in activities directly affecting the environment (such as construction of facilities, etc.) While tasks and activities under Objectives 1 and

3 will involve designs, trainings and capacity building for beneficiary institutions , USAID funding is not expected to be used for any activities, such as construction, that have the potential for http://www.usaid.gov/policy/ADS/200/

Page 17 of 123 Pages significant environmental impacts. Pursuant to 22 CFR216.3(a)(9), if new information becomes available which indicates that any of the proposed actions to be funded under Objectives 1 and 3 might be ‘major’ and their effects ‘significant,’ the threshold decisions for those actions will be reviewed and revised by the Mission Environmental Officer and an environmental assessment prepared, as appropriate.

Activities involving construction, as detailed in the IEE, have been given a Negative Determination, with Conditions, per 22 CFR 216.3 (a)(2)(iii) and require as detailed the development of an

Environmental Mitigation and Monitoring Plan (EMMP). With implementation of the integrated

EMMP, construction, rehabilitation, and reconstruction activities shall result in no significant adverse effects on the environment. All SHINE activities will be conducted in compliance with local Liberian environmental regulations and permitting requirements. Should new information become available, or potentially more significant impacts be identified during site selection and design, an Environmental Assessment will be conducted to assess impacts and develop appropriate mitigation measures.

All approved EMMPs shall be integrated into work plan implementation which will include and any activities needed to minimize potential adverse impacts to the environment. Implementation of all proposed activities should be consistent with the Environmental Guidelines for Small-Scale Activities in Africa (EGSSA), available at http://www.encapafrica.org/egssaa.htm. Cost and technical proposals must reflect IEE preparation costs and approaches. The Contractor shall comply with all conditions specified in the approved IEE and/or EA.

[End of Section C] http://www.encapafrica.org/egssaa.htm

Page 18 of 123 Pages

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.

(End of Clause)

D.2 BRANDING

USAID policy is to require exclusive branding and marking in USAID direct acquisitions. Marking shall comply with the USAID “Graphic Standards Manual” available at www.usaid.gov/branding, or any successor branding policy.

D.3 MARKING AND BRANDING STRATEGY

The Contractor’s branding and marking plan must be submitted 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 any necessary exception from the marking requirement in accordance with ADS 320.3.2.

Page 19 of 123 Pages

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.

D.4 BRANDING IMPLEMENTATION AND MARKING PLAN

To be incorporated at time of award

[End of Section D] http://www.usaid.gov/branding/acquisition.html

Page 20 of 123 Pages

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

52.246-21 WARRANTY OF CONSTRUCTION MAR 1994

E.2 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

Page 21 of 123 Pages inspection or test, or when prior rejection makes re-inspection 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.

E.3 INSPECTION AND ACCEPTANCE

USAID inspection and acceptance of construction, reports and other required deliverables or outputs shall be subject to the performance standards set forth in Sections C and F. Inspection and acceptance shall take place at:

U.S. Agency for International Development c/o US Embassy Monrovia, 502 Benson St.

1000 Monrovia, 10 Liberia

Or at any other location where the construction are performed and reports and deliverables or

Page 22 of 123 Pages outputs are produced or submitted.

Inspection of all deliverables required hereunder shall be made by the Contracting Officer’s

Representative (COR), designated in Section G, who has been delegated authority to inspect and accept all construction, reports and other required deliverables. Acceptance of construction, reports and other deliverables by the COR shall form the basis for payments to the Contractor.

Substantial completion is defined as a stage in the construction where an activity has attained a 90% completion of physical progress and can be considered fit for the purpose of service for which the facility is intended. The status of substantial completion triggers the start of the defects liability period.

Before a construction activity is considered substantially or finally completed a joint inspection team consisting of USAID, the prime contractor, the construction sub-contractor and the primary beneficiary will inspect the works and either submits a snag list or make recommendation to the contracting officer to issue a substantial or final completion certificate.

The defects liability period is a period of time between substantial completion and final completion when the construction contractor is responsible to provide maintenance against construction defects.

Also during this period the contractor provides warranty for constructed works or equipment against defects other than normal wear and tear or breakage due to usage. Defects Liability maintenance refers re-work performed on work packages which do not confirm to the quality standard provided in the contract or repairs performed on packages which are experiencing defects as a result of construction defects.

Final completion and acceptance is when the primary beneficiary is handed the completed facility and all liabilities transferred accordingly.

E.4 MONITORING AND EVALUATION AND PERFORMANCE STANDARDS

The Contractor shall submit a Work Plan (to include benchmarks, milestones, deliverable, results, performance indicators and standards, etc.) as required by Section C and F of this Contract. These

Plans are subject to the approval of the COR. The approved plan will be incorporated into the contract.

The Contractor's performance will be evaluated based on standards where the Contract specifies performance standards/indicators.

E.5 PERFORMANCE EVALUATION

A. Contractor Performance Reports

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

Subpart 42.15 and Subpart 36.201 and corresponding USAID procedures. The Contractor’s

Page 23 of 123 Pages performance will be evaluated upon completion and acceptance of the Contract works, at the time of termination of the Contract should such occur or at other times as deemed appropriate by the Contracting Officer, utilizing the performance standards set forth below.

Evaluation of the Contractor’s overall performance in accordance with the performance standards set forth herein shall be conducted jointly by the COR and the Contracting Officer, and shall form the basis of the Contractor's permanent performance record with regard to this

Contract. The factors to be assessed are:

1) Quality of Product or Construction

2) Cost Control

3) Timeliness of Performance

4) Business Relations

5) Effectiveness of Key Personnel and Subcontractors

B. Final Completion Evaluations

The Contractor will receive an assessment of performance for the contract as a whole.

Contract assessments shall be completed within six months of the completion of project activities. All assessments will be carried out by the respective COR under the overall direction of the respective Contracting Officer and will be signed by both individuals. The

Contractor shall have 30 days from the time of receipt from USAID to comment and/or rebut the assessments. The Agency has 15 days after receipt of the Contractor's comments or rebuttal to review and make a final determination.

C. Interim Evaluations

Interim performance evaluations may be conducted at the discretion of the Contracting

Officer. The COR and Contracting Officer will also conduct an evaluation upon final completion of the contract as prescribed above.

[End of Section E]

Page 24 of 123 Pages

SECTION F – DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by

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

INCORPORATED BY REFERENCE" in Section 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

52.242-14 SUSPENSION OF WORK APR 1984

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

WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within fifteen (15) calendar days after the date the Contractor receives notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for final acceptance not later than 36 months or 48 months in the event USAID exercise the options. The time stated for completion shall include final cleanup of the premises.

F.3 PERIOD OF PERFORMANCE

The period of performance for this contract is three (3) years or four (4) years, in the event USAID exercises the options, from the date of the issuance of notice to proceed (inclusive of warranty period).

F.4 PLACE OF PERFORMANCE

The place of performance of this contract is various locations throughout Liberia.

F.5 PERFORMANCE STANDARDS

Evaluation of the Contractor's overall performance in accordance with the performance standards set forth in this scope of works will be conducted jointly by the COR, the CO will form the basis of the

Contractor's permanent performance record with regard to this contract as required in FAR Part

42.15.

Page 25 of 123 Pages

F.6 SCHEDULE OF DELIVERABLES

CLIN

Activity Description

Deliverable Period-No later than- ( Months after notice to proceed)

Construction

Working drawings and approvals

Construction start Months

Construction end

Defects

Liability

End

Mobilization and project kick-off

Full renovation of the Natural

Science Building, Fendell

Campus, UL

7 to 11 12 24 30

New Construction of 5 Staff

Housing Units (3 each two bedrooms and 2 each one bedroom) in CU, Bong County

3 to 8 9 20 28

Expansion/renovation of

Library, CU, Bong County 2 to 5 6 19 27

New construction of Liberia

Institute of Public

Administration (LIPA) class room building, Doemah town, Margibi county

3 to 8 9 24 30

UL, Engineering Building ( prioritized rehabilitation) 2 to 5 6 14 20

New Construction of Clinic, CU, Bong County 7 to 11 12 24 30

Remedial works, demobilization and close out 30 to 36

Page 26 of 123 Pages

F.7 REPORTS

The Contractor will be required to provide USAID with several reports during the implementation of the project. These reporting mechanisms will be considered as major tools for monitoring and tracking progress against work plan and deliverables. The Contractor shall submit to USAID, electronic format and hard copies, all the reports and documents listed below, and when applicable, request USAID approval before proceeding to the next stage.

Monthly Progress Reports

Submit 10 days after the end of each calendar month, except at the end of each quarter and the first

60 days. This report will summarize achievements over the month, provide the status and approach to outstanding problems, and provide work plans for the coming month.

Quality Control Plan

Submit no later than 15 days before the start of construction activity on a specific CLIN, the

Contractor Quality Control (CQC) Plan proposed to implement the requirements of Contract Clause

52.246-12, Inspection Of Construction.

At a minimum, the QCP shall cover all construction operations, both onsite and offsite, including work by subcontractors, fabricators, suppliers, and purchasing agents. The QCP shall include a description of the quality control organization, including a chart showing lines of authority within

QC staff independent of construction superintendents or clerk of works. Also, QCP must include quality control tracking forms, recommended tests and degree of tolerance acceptable for deviations.

The QCP shall indicate how work issues related to non-conforming work items and re-works will be managed.

The QCP shall also include the following:

submittal procedures, control, verification, and acceptance testing procedures reporting procedures, including proposed reporting formats site coordination and meeting schedules site filing and recording of daily and weekly work plans and reports

Quarterly Reports

Submit 20 days after the end of quarter, will detail achievements over the quarter, detail the status and approach to outstanding problems; provide work plans for the coming quarter and any special report or findings from short-term consultants.

Quarterly Financial Reporting

Submit 20 days after the end of each quarter. They will include budgeted versus the actual expenditures, along with a brief analysis of any variances.