Amended_SOL-669-16-000006.pdf

CALL

SOLICITATION, OFFER

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

SOL-669-16-000006

2. TYPE OF SOLICITATION

SEALED BID (IFB)

X NEGOTIATED (RFP)

3. DATE ISSUED

06/30/2016

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

Thomatta Cooper via e-mail: Tccooper@usaid.gov Mary Wambugu via e-mail: Mwambugu@usaid.gov Cheryl Hodge-Snead via e-mail: Chodge-snead@usaid.gov

9. FOR INFORMATION

A. NAME

Thomatta C. Cooper

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):

1. Multiple Award, Indefinite Delivery, Indefinite Quantity (IDIQ) Local Construction Works Contract for Construction Projects in Liberia.

2. USAID/Liberia intends to award a multiple award of up to six (6) IDIQ contracts. However, if the Contracting Officer determines during the source selection process that fewer contracts should be awarded, the Contracting Officer has the discretion of adjusting that number, or awarding none at all.

3. Resultant award(s) shall not exceed $5 million for the life of each contract, consisting of a period of five years.

4. The maximum order value on each task order is $5 million and minimum order guarantee is $25,000.00.

5. Pre-proposal conference is scheduled for July 28, 2016, 10:00 a.m. Local time, US Embassy Monrovia (See Section L).

6. Site visit is scheduled for July 29, 2016, 10:00 a.m. Local time, Grand Bassa County, Waka Town, Compound # 2

7. Proposal Due Date/Time: September 6, 2016 at 5:00 p.m. Liberia Time.

8. The contractor must be registered in the System for Award Management (SAM); see https://www.sam.gov

This solicitation is open only to local entities/local Liberian firms and organizations as defined in Section 7077 of Public Law 112-74, the Consolidated Appropriation Act, 2012 (P.L. 112-74), as amended by Section 7028 of the Consolidated Appropriations Act.

11. The Contractor shall begin construction within (TO BE DETERMINED AT TASK ORDER LEVEL) calendar days and complete it within (TO BE DETERMINED AT TASK ORDER LEVEL) calendar days after receiving award, notice to proceed.

This performance period is mandatory, negotiable. (PERIOD OF PERFORMANCE FOR IDIQ IS 5-YEARS AFTER AWARD) 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 (TO BE DETERMINED AT TASK ORDER LEVEL)

12B. CALENDAR DAYS

15 Calendar Days

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Offers are due (SEE SECTION L)

B. An offer guarantee is, is not required. (TO BE DETERMINED AT TASK ORDER LEVEL)

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)

OFFER (Must be fully completed by offeror)

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

+231 77 677 7426

REQ-669-16-000016

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

Table of Contents

B - SUPPLIES OR SERVICES/PRICES

B.1 PURPOSE

B.2 CONTRACT TYPE AND SERVICES

B.3 MINIMUM OBLIGATED AMOUNT

B.4 MAXIMUM CONTRACT CEILING

B.5 SCHEDULE OF FIXED-PRICE CONSTRUCTION SERVICES

B.6 SCHEDULE OF RATES

C - DESCRIPTION/SPECIFICATIONS

C.1 ACRONYMS

C.2 DEFINITIONS

C.3 PURPOSE

C.4 BACKGROUND

C.5 OBJECTIVES

C.6 STATEMENT OF WORK (SOW)

D - PACKAGING AND MARKING

D.1 AIDAR 752.7009 MARKING (JAN 1993)

D.2 BRANDING

D.3 BRANDING STRATEGY, IMPLEMENTAION PLAN AND MARKING PLAN

E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.2 INSPECTION AND ACCEPTANCE/RESPONSIBLE OFFICIAL

F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2 PERIOD OF PERFORMANCE

F.3 PLACE OF PERFORMANCE

F.4 PERFORMANCE STANDARDS, MONITORING AND EVALUATION

F.5 ORDERING PROCEDURES (Tasks Orders)

F.6 TASK ORDER ADMINISTRATION

F.7 PERFORMANCE EVALUATION

F.8 KEY PERSONNEL

F.8 SUBMISSION REQUIREMENTS FOR DEVELOPMENT EXPERIENCE DOCUMENTS

(JAN 2004)

G - CONTRACT ADMINISTRATION DATA

G.1 ADMINISTRATIVE CONTRACTING OFFICER

G.2 CONTRACTING OFFICER'S AUTHORITY

G.3 CONTRACTING OFFICER REPRESENTATIVE

G.4 CONTRACTOR’S GENERAL POINT OF CONTACT

G.5 PAYING OFFICE

G.6 ACCOUNTING AND APPROPRIATION DATA

G.7 CONTRACTOR'S PAYMENT ADDRESS

G.8 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID

G.9 MODIFICATION AUTHORITY

H - SPECIAL CONTRACT REQUIREMENTS

H.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

H.2 ENVIRONMENTAL CONSIDERATIONS

H.3 LANGUAGE REQUIREMENTS

H.4 EXECUTIVE ORDER ON TERRORISM FINANCING (FEB 2002)

H.5 GENDER REPORTING

H.6 COMPLIANCE WITH THE TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION

ACT

H.7 RIGHT TO PROCURE FROM OTHER SOURCES

H.8 MAXIMIZING USE OF LOCAL ENTITIES

H.9 AIDAR 752.225-70 SOURCE AND NATIONALITY REQUIREMENTS (FEB 2012)(CLASS

EVIATION NO. OAA-DEV-12-01C)

H.10 ADS 302.3.5.9 NONDISCRIMINATION (June 2012)

H.11 CORRESPONDENCE IDENTIFICATION

H.12 ADS 302.3.5.14 STANDARDS FOR ACCESSIBILITY FOR THE DISABLED IN USAID

CONSTRUCTION CONTRACTS (July 2007)

H.13 DISCLOSURE OF INFORMATION

H.14 SUBCONTRACTING CONSENT

H.15 PROHIBITION ON THE USE OF FEDERAL FUNDS TO PROMOTE, SUPPORT, OR

ADVOCATE THE LEGALIZATION OR PRACTICE OF PROSTITUTION– TIP ACQUISITION

(MAY 2007)

H.16 752.7101 VOLUNTARY POPULATION PLANNING ACTIVITIES (JUNE 2008)

H.17 ORDER OF PRECEDENCE

I - CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

I.2 52.202-1 DEFINITIONS (NOV 2013)

I.3 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

I.4 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT

(SEP 2006)

I.5 52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)

I.6 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT

TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

I.7 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

I.8 52.209-1 QUALIFICATION REQUIREMENTS (FEB 1995)

I.9 52.216-18 ORDERING (OCT 1995)

I.10 52.216-19 ORDER LIMITATIONS (OCT 1995)

I.11 52.216-22 INDEFINITE QUANTITY (OCT 1995)

I.12 52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)

I.13 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING (AUG 2011)

I.14 52.225-13 RESTRICTION ON CERTAIN FOREIGN PURCHASES (JUN 2008)

I.15 52.228-14 IRREVOCABLE LETTER OF CREDIT

I.16 FAR 52.228-15 PERFORMANCE AND PAYMENT BONDS—CONSTRUCTION (OCT 2010)

I.17 2.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

I.18 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (MAY 2014)

I.19 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

I.20 52.233-3 PROTEST AFTER AWARD (AUG. 1996)

I.21 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

I.22 FAR 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

I.23 FAR 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

I.24 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

I.25 52.236-4 PHYSICAL DATA (APR 1984)

I.26 FAR 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

I.27 FAR 52.236-16 QUANTITY SURVEYS (APR 1984)

I.28 FAR 52.236-17 LAYOUT OF WORK (APR 1984)

I.29 FAR 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

ALTERNATE II (APR 1984)

I.30 FAR 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

I.31 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2016)

I.32 FAR 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS

K.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

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

K.3 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2016)

K.4 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

K.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

K.6 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

K.7 52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012)

K.8 52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN

SUDAN--CERTIFICATION (AUG 2009)

K.9 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN

ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND

CERTIFICATION (OCT 2015)

K.10 52.236-28 PREPARATION OF PROPOSALS CONSTRUCTION (OCT 1997)

K.11 ADS 302.3.5.17 LIMITATION ON SUBCONTRACTING TO NON-LOCAL ENTITIES

(MAY 2012)

K.12 INSURANCE - IMMUNITY FROM TORT LIABILITY

K.13 AGREEMENT ON, OR EXCEPTIONS TO, TERMS AND CONDITIONS

K.14 AUTHORIZED NEGOTIATORS

K.15 SIGNATURE

L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 COMPETITION LIMITATION

L.2 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

L.3 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

L.4 52.216-1 TYPE OF CONTRACT (APR 1984)

L.5 52.216-27 SINGLE OR MULTIPLE AWARDS (OCT 1995)

L.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.7 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

L.8 GENERAL INSTRUCTIONS TO OFFERORS

L.9 DELIVERY INSTRUCTIONS

L.10 INSTRUCTIONS FOR THE PREPARATION OF THE TECHNICAL PROPOSAL

L.11 INSTRUCTIONS FOR THE PREPARATION OF THE IDIQ PRICE PROPOSAL

L.12 INITIAL TASK ORDERS PROJECT

M - EVALUATION FACTORS FOR AWARD

M.1 GENERAL INFORMATION

M.2 EVALUATION CRITERIA (IDIQ)

M.3 EVALUATION OF PRICE PROPOSALS

M.4 SOURCE SELECTION

B - SUPPLIES OR SERVICES/PRICES

B.1 PURPOSE

The purpose of this contract is to provide construction services that fall within the Scope of Work (SOW) specified in Section C for road and general vertical infrastructure works throughout Liberia. USAID Task Order Contracting Officers (TOCOs) will request the work through the issuance of task orders during the ordering period as specified in Section F of the contract.

B.2 CONTRACT TYPE AND SERVICES

This is a Firm Fixed-Price Indefinite Delivery/Indefinite Quantity (IDIQ) type contract. The Government will issue task orders that are Fixed-Priced type. The Contractor must perform the services set forth in task orders at prices consistent with Firm Fixed Rates in Attachment J.1.

B.3 MINIMUM OBLIGATED AMOUNT

The minimum guarantee on this contract is $25,000.00. The basic contract includes an initial obligation of funds in the amount of $25,000.00 to cover the minimum order guarantee.

However, this amount is not available for invoicing for a period of no more than 2-years of date of award and invoicing is contingent upon “no” task order being issued to contractor that covers this minimum guarantee. Subsequently, the minimum guaranteed is to be de-obligated upon issuance of Task Order that meet or exceed the minimum guarantee.

B.4 MAXIMUM CONTRACT CEILING

This is a multiple award Indefinite Quantity Contract (IDIQ) with a maximum capacity of $5,000,000.00 for each contract for construction works in support of USAID Liberia. The maximum task order amount is $5,000,000.00. All task orders will be firm-fixed price. The maximum dollar value of task orders awarded to each contractor(s) must not exceed the contract maximum capacity. This capacity is not being subdivided among the number of awardees. Each awardee will be responsible for providing work up to the maximum dollar value.

B.5 SCHEDULE OF FIXED-PRICE CONSTRUCTION SERVICES

The Contractor shall perform the work in accordance the Scope of Work of each Task Order and within strict accordance of the terms and conditions specified herein.

Task orders under this contract will be in support of construction works within Liberia.

Construction works will be further defined and work accomplished by issuance of individual

Task Orders. Task orders and delivery terms will be negotiated in accordance with fixed price amounts set forth in the Schedule of rates, Section J.1.

B.6 SCHEDULE OF RATES

The Schedule of rates provided in section J.1 shall be completed and submitted with offeror’s price proposal as instructed in Section L. Unit rates per annum shall be FULLY LOADED, including all resources (labor, equipment, profit, charges, etc.) necessary to complete the works identified in the Schedule. Prices in the schedule will be fixed at onset of award and utilized for the purpose of pricing task orders issued under this IDIQ.

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).

[END OF SECTION B]

C - DESCRIPTION/SPECIFICATIONS

C.1 ACRONYMS

AFT- ------Agenda for Transformation

CDCS- ---County Development Cooperation Strategy

CO---------Contracting Officer

COC-------Construction Oversite Contractor COR-------Contracting Officer Representative

FFP---------Firm Fixed Price

FFPTO----Firm Fixed Price Task Order

GDP-------Gross Domestic Product

IEE---------Initial Environmental Evaluation

IDIQ--------Indefinite Quantity Contract

LPTA-----Lowest Price Technically Acceptable

MPW-----Ministry of Public Works

PEA-------Programmatic Environmental Assessment

PP----------Procurement Plan

QA--------Quality Assurance

QAE------Quality Assurance Engineer

QCM------Quality Control Manager

QCP--------Quality Control Plan

RFTOP-----Request for Task Order Proposal

SAR--------Site Assessment Report

TO----------Task Order

TOCO-----Task Order Contracting Officer

TOCOR---- Task Order Contracting Officer Representative

USACE----United States Army Corps of Engineers

USAID------United States Agency for International Development

C.2 DEFINITIONS

Task Order (TO) – A document prepared by the government and issued to the contractor which contains the general requirements and parameters of the proposed project. Included in the TO is the Government Statement of Work and Contractor proposal defining specific technical requirements for the project. Also included is information such as budget limitations, type of solicitation, and design certifications and drawings required to be prepared by the contractor.

Request for Task Order Proposal (RFTOP) – A document package prepared by the government and issued to the contractor(s) which contains the general requirements for submission of a specific task order proposal including an itemized cost proposal for construction.

Following submittal of the proposal and at the government’s option, discussions may be held with the contractor to clarify and / or negotiate elements of the proposal.

Statement of Work (SOW) – A document prepared by the government and issued to the contractor as part of the task order. Included in the SOW are the specific technical requirements for the project.

Government Furnished Equipment (GFE) / Government Furnished Material (GFM) – Items of equipment or material which the government will supply to the contractor for use in the construction of a project.

Best Value – A process used to evaluate proposals based on the quality of the overall technical approach to the other criteria included in the RFTOP. When used, the “best value” evaluation factors will be included in the Task Order and may vary between projects. Award may be made to other than the low offeror.

Low Price, Technically Acceptable (LPTA) – A process used to evaluate proposals based on the technical acceptability to the other criteria included in the RFTOP. When used, the “technically acceptable” evaluation factors will be acceptable or unacceptable. Award will be made to the low offeror that has a technically acceptable design proposal.

C.3 PURPOSE

The purpose of this IDIQ contract is to provide construction works described in the Statement of Work, Section C.6. In particular, this IDIQ will provide construction services ranging from quick and short-term response to long-term construction services in support of USAID overall development objectives. This contract shall provide cost-effective and timely access to construction services. This IDIQ is the principal instrument through which USAID/Liberia shall provide infrastructural support to the mission’s overall development objectives in economic growth, health, education, democracy and governance. The range of infrastructure projects supported through this mechanism will include rehabilitation of rural/feeder roads, periodic maintenance of rural roads, construction of bridges, and rehabilitation and/or construction of public building infrastructures.

C.4 BACKGROUND

Access to markets and basic social services is a key determinant of poverty. Without physical access to markets and basic infrastructural services, rural communities face far greater obstacles in obtaining wealth, health, education, and other social services. In addition, their ability to take advantage of surplus crop production and of employment opportunities is severely constrained.

The permanent or seasonal absence of road access and basic physical infrastructure which support health, education, agriculture, public administration and rule of law in most parts of rural Liberia is a constraining factor in terms of providing rural communities with essential services such as education, primary health care, water supply, local markets and economic opportunities. The availability of such services and opportunities are difficult to sustain without a good quality and well-maintained rural infrastructure.

The project goals include the provision of construction services in support of USAID development objectives in economic growth, education, health, governance and agriculture.

C.5 OBJECTIVES

The objective of this IDIQ is to provide on-demand construction services to all USAID/Liberia technical offices to ensure effective and timely response to construction needs;

One or more of the following construction services shall be required under this contract:

i. Rehabilitation of Rural Roads

ii. Maintenance of Rural Roads

iii. Construction of Bridges and drainage structures

iv. General vertical construction of public buildings, schools, health centers and small scale rural water systems

C.6 STATEMENT OF WORK (SOW)

This IDIQ will be utilized to execute a broad range of construction projects for Liberia. Project specific task orders will be issued under the resultant IDIQ contract. Task Orders will be issued as Firm-Fixed Price (FFP) based on the requirements of the SOW for projects identified via RFTOP. The projects will include tasks in a variety of trades such as; as demolition, site work, excavation, cast-in-place concrete, masonry, electrical, plumbing, mechanical, painting, and other specialty and general contracting work.

A RFTOP issued under this contract may be issued to more than one contractor and will include documents defining the submission and project requirements.

Each task order will, include specific statement of works, designs (when applicable), special conditions, period of performance, and conditions.

Under the terms and conditions of this IDIQ and resultant task orders, the Contractor shall provide all construction services or other services not necessarily of construction nature but which provides a basis for construction services.

An independent international Contractor hired by USAID and hereinafter referred to as the Construction Oversight Contractor (COC) will provide full time construction oversight and onsite mentorship to the Contractor. However, Quality Assurance (QA) will be performed by USAID with support from the COC to verify that the levels of workmanship and quality of materials stipulated in the contract specifications are met. Notwithstanding Quality Assurance efforts of USAID, the Contractor remains fully responsible for the quality of work performed under and any resultant Task Orders.

C.6.1 Task Orders issued under this IDIQ will include construction services identified below:

C.6.1 (a) Site Assessments

Site assessment reports for the purpose of establishing “base-line” or prior existing conditions on the work sites and those areas adjacent to the work sites, which can be affected in some manner by the work activities.

Site assessment management plans that includes, but not be limited to measurement and recording of the following parameters as may be appropriate to the project: ground and structural elevations; ground water levels; soil conditions; vertical alignment of structures; evaluation of existing natural hazards and other conditions affecting construction.

The Contractor shall participate together with representatives of its subcontractors and USAID in regular monthly examinations of the “base-line” conditions and shall maintain a log of the values recorded and photos taken during these examinations, in such a fashion that comparison with previous values recorded can easily be done and trends readily identified. The Contractor shall regularly review the subject logs and immediately discuss with the pertinent subcontractors and USAID, any finding determined to require consideration of a change in method of construction or remedial action.

The Contractor shall have all the resources necessary, such as; construction superintendence, labor, material, equipment, and all related civil works, whether of a temporary or permanent nature, necessary to mobilize and start construction upon issuance of notice to proceed and complete construction in accordance with the approved construction schedule. All work(s) are to be performed in accordance with the engineering instructions, directives, guides, specifications, drawings, technical manuals, and other instructions specified in each task order. The Contractor shall assure that projects are constructed in full compliance with design(s) and engineered in a manner that the Contractor can complete the contract with the project budget provided in the task order. All work shall be accomplished, whether self-performed or subcontracted, in accordance with the task order requirements and construction industry best practice.

C.6.1 (b) Pre-Construction Conferences

The Contractor shall conduct joint pre-construction conferences with each project subcontractor, stakeholders (local/national) and USAID to acquaint key personnel, local authorities and inspectors and other involved parties with the procedures, lines of authority and the interrelationship with the monitoring activities of the Contractor, USAID, and others. These conferences shall take place during the task order mobilization period and before any construction activity starts.

The pre-construction conference must at a minimum, achieve the following key results:

• Basic understanding of all stake holders the scope and duration of the task order

• The roles and responsibility of each stakeholder

• Identification of liaison between the local people and the project

• Identification of key GOL point of contact

Identification of potential gender, environmental, cultural and traditional issues which must the contractor must consider.

C.6.1 (c) Construction:

Rehabilitation of Rural Roads: All construction services necessary to rehabilitate or maintain rural roads within Liberia. The Rural Roads Rehabilitation Projects will use the Design Build project or design-bid-built approach that is to be applied to construction, quality control, and defects liability maintenance. Construction works under the road rehabilitation task orders will include clearing, road formation, reshaping, gravelling, earthworks, drainage structures and small bridges.

Maintenance of Rural Roads: Maintenance works anticipated under resulting task orders would include emergency, periodic and recurrent maintenance works.

Periodic repair and maintenance activities include: re-grading, reshaping and compacting the wearing course. This activity is normally planned for two years after rehabilitation.

Recurrent maintenance activities includes: re-graveling to replace gravel loss and repairing damaged cross-drainage structures. The scheduling on recurrent maintenance activities is a function of axle loads and gravel loss. The recurrent maintenance generally is planned to follow two successive periodic maintenance activities.

Emergency maintenance activities are initiated in response to emergencies with the objective to restore vehicular access to road sections as a result of unanticipated occurrences. For example:

flashfloods, repair of bridges/culverts, restoration of access across large muddy sections, removal of obstructions, etc.

Construction of Bridges or large Drainage Structures: Task order ins respond to this service area will include stand-alone activities for the construction or rehabilitation of isolated bridges or drainage structures not necessarily as a part of a full road rehabilitation task order.

General Construction works (public buildings, schools, health centers and small scale water projects): Specific task orders will be issued in request for vertical construction services for the construction of public building, schools, health centers and small scale water projects.

Small scale water projects will include standalone water systems inclusive of bore holes, elevated tanks and adjacent kiosk for supply of water for up to 1000 rural inhabitants.

C.6.1 (d) Management and Supervisory Responsibilities

The Contractor shall provide direct management and supervision of the Contractor’s personnel and subcontractors assigned to work on this contract regarding matters pertaining to specific work assignments. The quality of performance of the Contractor personnel and subcontractors is the direct responsibility of the Contractor. The USAID COR or any designated technical representative may, on a frequent basis, directly coordinate with or provide technical guidance and direction or other types of information to the Contractor’s personnel and subcontractors concerning the technical or administrative aspects of work being performed.

The Contractor shall establish a sufficient managerial and supervisory structure to ensure that work being performed by the Contractor’s personnel and subcontractors is in accordance with the various task order scopes of work and that the quality of work being performed by the Contractor personnel and subcontractors is representative of the Contractor’s best professional standards and is in accordance to applicable codes and regulations required under this contract.

The Contractor is responsible for establishing procedures, checks and controls during the construction process which will assure that construction quality (as required by task order documents) is maintained.

Individual Task orders will specify requirements for construction services that may include the following construction skills/services:

• Professional Engineer: Licensed Professional Engineer or a team with a licensed engineering firm (with demonstrated local or international accreditation) for engineering.

• Planning: Construction schedules, programs, cash flow and resource allocation plans and in accordance with approved technical specifications and plans in compliance with applicable codes, policies, rules and regulations.

• Design: Complete designs in accordance with approved base designs, technical specifications and plans in compliance with applicable codes, policies, rules and regulations. The construction documents shall be fully sufficient for contractors or subcontractors to bid and execute the work and for incorporation in contracts or subcontracts as contract.

• Quality Control Plan (QCP): QCPs shall be prepared in accordance with those requirements of the task order. The plan shall fully define the Contractor’s quality system, procedures, checks and balances and provide for construction quality at sites through an integrated system of Quality Control by the Contractor and Quality Assurance services provided by USAID. The Contractor will be responsible for constructing the work in accordance with approved plans and specifications and in compliance with applicable codes and regulations.

• Miscellaneous Construction Activities: In additional to the typical construction activities, the Contractor’s involvement may include actions such as: integrating the design schedule into the master schedule to maximize the effectiveness of fast-tracking construction (within the limits allowed in the task order), executing the material and equipment acquisition programs to meet critical schedules, effectively interfacing the construction quality control (QC) program with the design QC program, and maintaining and providing the design with accurate, up-to-date d as-built documentation.

C.6.1 (e) Safety

The Contractor is responsible for safety and shall implement a comprehensive and effective Safety Program to protect life, property and environment. The Contractor’s Safety Program shall be submitted to the COR prior to the contractor commencing work on a task order. The Safety Program shall conform to U.S. Army Corps of Engineers (USACE) Safety and Health

Requirements Manual, EM 385-1-1 and US Occupational Safety and Health standards for the site conditions experienced. At a minimum, the contractor’s safety program/plan shall include:

(1) Safety Program and Safety Plan: The contractor shall implement safety measures to accomplish the work in the safest manner. The contractor’s safety program shall define roles, responsibilities, programs, policies, and procedures to accomplish the goal of achieving superior safety performance during all phases of the Project.

(2) General Safe Work Practices: The Contractor shall establish standard operating procedures for the project to guide employees in safe work practices. All employees, including managers and supervisors, shall have training and instruction on general and job-specific safety and health practices. Workplace safety and health training practices shall include the following:

(i) Explanation of the Contractor's Accident Prevention Plan, Emergency Action Plan, and Fire Prevention Plan, and measures for reporting any unsafe conditions, Work practices, and injuries.

(ii) Use of appropriate clothing, including gloves, footwear, and personal protective equipment.

(iii) Information about chemical hazards to which employees could be exposed and other hazard communication program information.

(iv) Availability of toilet, hand-washing, and drinking water facilities.

(v) Provisions for medical services and first aid, including emergency procedures.

In addition, the Contractor shall provide specific instructions to each employee regarding hazards unique to his or her job assignment, to the extent that such information was not already covered in other training. The Contractor shall establish written safe work practices covering all phases of the Work. Safety, Quality and all other project programs and requirements that are placed upon the Prime Contractor shall all be required of all subcontractors.

C.6.1 (g) Task Order Schedule

The Contractor shall create and maintain schedules for all task orders and assure that all work is completed in accordance with the schedules approved by the COR. The Contractor shall integrate subcontractors’ schedules into the project work plan and overall project schedule and submit to USAID as required in the task order.

Schedules shall reflect: baseline schedule (award schedule), schedule critical path(s), actual progress, forecast schedule for remaining work, estimated completion date, performance schedule, and other data as specified in the task.

C.6.1 (h) Project Completion and Turnover Activities

The Contractor shall prepare contract closeout and turnover documentation pertaining to construction according to contract/task order requirements.

C.6.1 (i) Gender Issues

USAID anticipates that gender issues will exist on many projects therefore the Contractor shall address gender when planning and implementing projects. Contractor shall take steps to identify and then resolve or mitigate to the maximum extent possible task order gender-based constraints or issues (e.g., participation in decision-making, access to/quality of employment, education or health).

This includes promoting gender equity and coordinating gender equity activities with national and local officials and leaders of Liberia, other donors and international and local NGOs, and other USAID assistance providers.

C.6.1 (j) Environmental Compliance

The Contractor is responsible for performing all work in such a manner as to minimize the pollution of air, water, or land and to control noise and dust in accordance with all applicable U.S., and Liberia environmental laws, regulations and programs that relate to the performance of work awarded in individual task orders. All works must be implemented in accordance with specific tasks orders EMMPs or PEA.

The following set of environmental conditions must be addressed in accordance with the environmental documentations for the IDIQ. Separate IEE must be done for each task order.

(i) For planning and design activities, the contractor will take into account potential for adverse impacts to the physical, biological and social environment.

Physical Environment, including:

Biological Environment, including:

Social Environment, including:

• Agricultural land

• Soil erosion

• Slope stability

• Energy/mineral resources

• Surface water quantity and quality

• Ground water quantity and quality

• Air quality

• Noise

• Aquatic ecosystems

• Wetlands ecosystems

• Terrestrial ecosystems

• Endangered species

• Migratory species

• Invasive and non-native species

• Disease vectors

• Public health

• Resources/land use

• Distribution systems

• At risk populations

• Community stability

• Cultural/religious values

(ii) The contractor will develop environmental guidelines to use in identifying potential negative environmental impacts associated with a project or activity and appropriate measures to mitigate the adverse impact. The guidelines will also describe procedures to be used in the supervision of any construction to ensure best practices on the construction sites to mitigate short-term construction related impacts.

(iii) The contractor will ensure designs reflect environmentally sound design considerations, and where there is potential for adverse impact, ensure the project will be designed to avoid or mitigate these impacts and that appropriate mitigation measures are addressed in the plan/design.

(iv) The contractor will conduct appropriate due diligence reviews of conditions on project site

(v) For all activities, the contractor will ensure that operations are consistent with local and national environmental laws.

[END OF SECTION C]

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 semi-finished products which are not packaged.

(b) Specific guidance on marking requirements should be obtained prior to procurement of commodities to be shipped, and as early as possible for project construction sites and other project locations. This guidance will be provided through the cognizant technical office indicated on the cover page of this contract, or by the Mission Director in the Cooperating Country to which commodities are being shipped, or in which the project site is located.

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

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

D.2 BRANDING

Markings under this contract shall comply with the USAID “Graphic Standards Manual available at www.usaid.gov/branding <http://www.usaid.gov/branding> or any successor branding policy.

D.3 BRANDING STRATEGY, IMPLEMENTAION PLAN AND MARKING PLAN

In accordance with ADS 320 “Branding and Marking” this IDIQ Contract incorporates USAID’s policy directives and required procedures on branding and marking of USAID-funded programs, projects, activities, public communications, and commodities with the USAID identity. The Branding Strategy for the USAID/Liberia construction IDIQ Contract is as follows. The Contractor shall provide a corresponding Branding Implementation Plan and Marking Plan.

D.3.1 Branding Strategy

Program/Activity Name: Global Architecture and Engineering Infrastructure

Positioning: All materials developed as a result of this activity will contain the following attribution statement:

“This project was made possible by the United States Agency for International Development and the generous support of the American People through USAID/Liberia Construction IDIQ task orders.”

Level of Visibility: All publications developed through this project, with the exception of research articles published in academic journals, will also display currently approved USAID Identity graphic and conform to other requirements of the USAID Graphic Standards Manual.

D.3.2 Marking

Description of public communications and program materials to be produced as part of the activity that will visibly bear the USAID Identity:

1. Standard USAID Identity

2. “This project was made possible by the United States Agency for International Development and the generous support of the American People through USAID/Liberia Construction IDIQ Task Order No. TBD.”

[END OF SECTION D]

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 http://acquisition.gov/far/index.html for electronic access to the full text of a FAR clause.

NUMBER TITLE DATE

FEDERAL ACQUISITION REGULATION

(48 CFR Chapter 1)

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

52.246-21 WARRANTY OF CONSTRUCTION MAR 1994

E.2 INSPECTION AND ACCEPTANCE/RESPONSIBLE OFFICIAL

USAID inspection and acceptance of services, reports and other required deliverables or outputs shall take place at USAID Washington or at any other location where the services are performed and reports and deliverables or outputs are produced or submitted. The COR identified in Section G has been delegated authority to inspect and accept all services, reports and required deliverables or outputs.

A TOCO may designate a COR for a specific task order. If so, the task order COR (TOCOR) may inspect and accept all services, reports and required deliverables or outputs if specified in the task orders.

In specific TO the TOCOR inspection and acceptance will be supported by an independent COC who will advise the TOCOR on the acceptance of the completed works.

[END OF SECTION E]

http://acquisition.gov/far/index.html

F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

Citation Number, Title, and Date) in accordance with the clause at FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

52.242-14 SUSPENSION OF WORK APR 1984

F.2 PERIOD OF PERFORMANCE

The ordering period for this contract is five (5) years from the date stated in block 31C of the award.

Although Task Orders may be issued at any time during this ordering period, the following constraints apply to the period of performance for Task Orders:

i) The period of performance for a Task Order may not go beyond two (2) years after the end of the ordering period.

ii) The TOCO may not award a Task Order for a period of performance equal to more than the ordering period.

F.3 PLACE OF PERFORMANCE

Performance of this contract and task orders issued hereunder shall be in Liberia, West Africa and at the Contractor’s and any subcontractor’s facilities in other locations specified in task orders in accordance with Section H of this contract and the clauses of this contract entitled “International Travel Approval and Notification Requirements” (AIDAR 752.7032) and “Personnel” (AIDAR 752.7027), approves international travel for performance of the work.

F.4 PERFORMANCE STANDARDS, MONITORING AND EVALUATION

Evaluation of the Contractor's overall performance in accordance with the performance standards set forth in of the task order, if any, the Contractor's overall performance toward achievement of the objectives in Section C and provision of deliverables in Section F of the task order, and the Contractor's compliance with all other terms and conditions of the IDIQ and task order. Each evaluation will be conducted jointly by the TOCOR and the TOCO, and must form the basis of the contractor's permanent performance record with regard to this Contract and task orders as required in FAR Part 42.15 and AIDAR 742.15.

The Contractor’s performance will be evaluated annually and at contract completion, utilizing at minimum, the following factors:

(i) Technical (quality of product or service).

(ii) Cost control (not applicable for firm-fixed-price or fixed-price with economic price adjustment arrangements).

(iii) Schedule/timeliness.

(iv) Management or business relations.

(v) Small business subcontracting (as applicable).

(vi) Other (as applicable) (e.g., late or nonpayment to subcontractors, trafficking violations, tax delinquency, failure to report in accordance with contract terms and conditions, defective cost or pricing data, terminations, suspension and debarments).

Evaluations will be tailored to the task order type, size, content, and complexity of the requirement.

F.5 ORDERING PROCEDURES (Tasks Orders)

To obtain construction works that are within the scope of this contract, the Task Order Contracting Officers (TOCO) may issue orders utilizing the Lowest Price Technically Acceptable (LPTA) technique.

The following ordering procedures have been tailored to meet the requirements of FAR 15.101-2 (Lowest Price Technically Acceptable (LPTA) source selection process):

Accordingly the following will apply:

(a) The lowest price technically acceptable source selection process is appropriate when best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price.

(b) When using the lowest price technically acceptable process, the following apply:

The evaluation factors and significant sub factors that establish the requirements of acceptability shall be set forth in the solicitation. Solicitations shall specify that award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. If the contracting officer documents the file pursuant to 15.304(c)(3)(iii), past performance need not be an evaluation factor in lowest price technically acceptable source selections. If the contracting officer elects to consider past performance as an evaluation factor, it shall be evaluated in accordance with 15.305. However, the comparative assessment in 15.305(a)(2)(i) does not apply. If the contracting officer determines that a small business' past performance is not acceptable, the matter shall be referred to the Small Business Administration for a

Certificate of Competency determination, in accordance with the procedures contained in subpart and U.S.C. 637(b)(7)).

F.5.1 GENERAL/FAIR OPPORTUNITY

(a) General

(1) The TOCO must issue the RFTOP to the following prime offerors under this IDIQ:

TO BE INCLUDED AT AWARD

(2) Contractor(s) must respond to the RFTOP within the number of days stated in the

RFTOP.

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

(4) The contractor must not commence work until a signed task order is issued and the contractor is authorized by the TOCO.

(5) All IDIQ holders will be afforded a fair opportunity to be considered for each order exceeding $3,500.00 except for circumstances describe in Section (b) below, Fair Opportunity Procedures.

(6) Individual orders shall clearly describe all construction works to be performed so the full price for the performance of work can be established when the order is placed. Orders shall be within the scope, issued with the period of performance, and within the maximum value of the contract.

(7) Task orders will be issued by USAID/Liberia designated Contracting officers and/or Executive Officers and Mission Director within their delegated authorities to provide desired services within the scope of Section C.

(8) The IDIQ COR must review the prospective task order requirement or statement of work (SOW) for all task orders and agree that it complies with the basic contract SOW before the Task Order Contracting Officers (TOCO) may begin the fair opportunity process.

(9) TOCOs must negotiate and administer task orders in accordance with the ordering procedures set forth herein. The TOCO must provide each Contractor a fair opportunity to be considered for each task order exceeding $3,500 issued under this contract unless one of the exceptions described in paragraph (b) Fair Opportunity Exceptions, applies.

(10) All Contractors must be contacted and provided the opportunity to be considered before award of all task orders. Although Contractors are not required to submit a proposal for every task order request, all Contractors interested in providing services under the task order must submit a proposal in accordance with Part (d) of this Section.

(b) Fair Opportunity Exceptions

(1) All Contractors will be given a fair opportunity to be considered for task orders over $3,500.00. If the order does not exceed $150,000 (Simplified Acquisition Threshold) or $250,000 (AIDAR 706.302-70 – Impairment of Foreign Aid Programs), the TOCO need not contact each of the multiple awardees under the contract before selecting an order awardee if the TOCO has information available to ensure that each awardee is provided a fair opportunity for each order. No task order contract in an amount estimated to exceed $3,500.00 shall be awarded to a single source unless —supported by a written determination that one of the circumstances described below applies to the order and the requirement is waived on the basis of a justification that is prepared in accordance with 16.505(b)(2)(ii)(B).

(i) The agency need for the supplies or services is so urgent that providing fair opportunity would result in unacceptable delays.

(ii) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

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

(iv) It is necessary to place an order to satisfy a minimum guarantee.

(v) For orders exceeding $150,000, a statute expressly authorizes or requires that the purchase be made from a specified source.

(vi) Fair opportunity need not be obtained when it would impair or otherwise have an adverse effect on programs conducted for the purposes of foreign aid, relief, and rehabilitation for orders of $250,000 or less by an overseas contracting activity.

(2) Justification for an Exception to Fair Opportunity The justification for an exception to fair opportunity shall be in writing as specified in FAR Subpart 16.505(b)(2)(ii)(A) or B).

(i) Orders exceeding $3,500, but not exceeding the $250,000.