J.6_Task_Order_Request_for_Proposal.docx

ATTACHMENT J.6

PART II

TASK ORDER(S) REQUEST FOR PROPOSAL

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

J.6.1. Information provided herein includes detail instructions, conditions and notices to offerors for the preparation of Task Order proposals that are to be submitted concurrently with IDIQ proposal. Attachment J.6 includes:

i. Enclosure 1 (Section C and Section F)

ii. J6.A.1 Task Order 001 Strip Map (Little Bassa-Varmah)

iii. J.6.A.2 Task order 001 BOQ (Little Bassa-Varmah)

iv. J.6.B.1 Task order 002 BOQ Strip Map (Waka-Johnny Tutu)

v. J.6.B.2 Task order 002 BOQ (Waka-Johnny Tutu)

vi. J.6.C.1 Task order 003 BOQ Strip Map (Bulor-Tusu)

vii. J.6.C.2 Task order 003 BOQ (Bulor-Tusu)

USAID intends to award a Lowest Price Technically Acceptable (LPTA) Task Order(s) resulting from this solicitation to the responsible offeror whose offer is deemed technically acceptable based on the Factors identified herein.

NOTE: FAR and AIDAR clauses/provisions included in the solicitation (IDIQ contract) are applicable to this Request for Task Order Proposal (RFTOP). Clauses and provisions remain applicable throughout the term of any Task Order awarded as a result of this RFTOP.

J.6.2. USAID contemplates the award of Firm-Fixed Priced (FFP) Task Order(s).

J.6.3. GENERAL INSTRUCTIONS TO OFFERORS

J.6.3.1. Task Orders (TO) Requirement: USAID anticipates the award of three (3) separate Task Orders for three (3) separate roads as a result of this RFTOP. Offeror must submit separate technical proposals and price proposals for EACH ROAD identified below. Only successful offerors whom are awarded an IDIQ Contract will be considered for TO Award(s):

Road 001: Rehabilitation of Compound One-Edina Road (35 km), Grand Bassa County

Road 002: Rehabilitation of Waka Town-Jonny Tutu Road (7.125 km), Grand Bassa County

Road 003: Rehabilitation of Bulor-Tinsu-Goyala Road (12.2 km)

J.6.3.2. Each IDIQ awardee can submit a TO proposal for all three (3) roads, but can receive no more than one TO award. This requirement is for three (3) separate roads identified above. Award of task order(s) will be made to IDIQ holders on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors.

J.6.3.3. Site Visit: A mandatory Site Visit for road projects will be held on July 29, 2016 as stated in Section L.

J.6.3.4. Period of Performance: The period of performance for each task order shall be 20 calendar months effective the issuance of the notice to proceed. This period includes 12 months construction period and 8 months defects liability period.

J.6.3.5. Questions Deadline: Offerors are reminded that questions are due by August 8, 2016, 5:00 p.m. Local Time. NO QUESTIONS WILL BE ANSWERED BY PHONE AND ALL QUESTIONS MUST BE IN WRITING AND DIRECTED TO THE CONTRACTING OFFICER. Answers to questions that are not presented as an amendment to this RFP are considered informal and shall not bind USAID.

J.6.3.6. Offeror’s proposal(s) must be submitted to USAID electronically by the proposal submission deadline to Thomatta C. Cooper at tccooper@usaid.gov and Mary Wambugu at mawambugu@usaid.gov with copies to the attention of; Cheryl Hodge-Snead at chodge-snead@usaid.gov.

J.6.3.7. Proposal Submission Deadline: Offerors are reminded that proposals are due by August 26, 2016, 5:00 p.m. Local time.

J.6.4. INFORMATION FOR TASK ORDER PROPOSALS

J.6.4.1. Offeror(s) are to submit a technical and price proposal (three (3) separate Task Order Proposals) for each road identified in J.6.3.1 above that encompasses all the resources necessary (labor, management, supervision, tools, material and equipment) to complete the rehabilitation of these roads.

J.6.4.2. The technical and proposal and price proposal for each road must be submitted as separate proposals, for example:

Task Order Proposal for Road 001: Rehabilitation of Compound One-Edina Road (35 km), Grand Bassa County. Volume III, (Technical Proposal) Volume IV, (Price Proposal)

Task Order Proposal for Road 002: Rehabilitation of Waka Town-Jonny Tutu Road (7.125 km), Grand Bassa County: Volume III, (Technical Proposal) Volume IV, (Price Proposal)

Task Order Proposal for Road 003: Rehabilitation of Bulor-Tinsu-Goyala Road (12.2 km) Volume III, (Technical Proposal) Volume IV, (Price Proposal)

J.6.4.3. VOLUME III - TECHNICAL PROPOSAL

This part shall be subdivided into the following parts (page limits are per each task order proposal):

i. Cover Page

ii. Technical Capability (10 pages)

iii. Key Personnel Qualifications/Experience (5 pages)

iv. Project management plan (5 pages)

v. PAST PERFORMANCE SUBMITTED FOR IDIQ ALSO APPLIES TO THE TASK ORDER AWARDS.

J.6.4.3.1. TECHNICAL PROPOSAL CONTENT

The Technical Proposal in response to this RFTOP, Attachment J.6 is to describe the offeror’s technical understanding of the task order requirements and the approach and methodology the offeror proposes to implement to achieve the results and requirements in Enclosure 1 of this Attachment J.6. The approach must be realistic, set forth meaningful milestones, seek to maximize results within budget resources, and ensure a prompt and effective launch of Task Order activities.

J.6.4.3.2. Cover Page: Offeror is to include a cover page for the purpose of identifying and separating task order proposal for each road. For example:

Task Order Proposal for Road 001: Rehabilitation of Compound One-Edina Road (35 km), Grand Bassa County.

NOTE: In order to be considered technically acceptable, proposals must meet ALL of the following requirements listed in the factors below:

J.6.4.3.3. Technical Capability – Factor 1: The Offeror will present the overarching approach and methodology for each project such that reviewers can understand the fundamental elements the Offeror will use to successfully manage and implement the work described in Enclosure 1. Information submitted for Technical Capability must demonstrate that the Offeror has a clear understanding of the objectives and complexity of each project as well as the capacity to manage and implement the varied aspects of works. Information must contain the Offeror’s proposed approach demonstrating knowledge of constraining factors and a thorough understanding of the tasks and outcomes required. The Technical Capability shall be clear, concise, and include sufficient detail for effective evaluation and for substantiating the validity of stated claims. Legibility, clarity and coherence are very important. The proposal shall not simply rephrase or restate the Government's requirements, but rather shall provide convincing rationale to address how the offeror intends to meet these requirements. Statements that the offeror understands, can, or will comply with the SOW (including referenced publications, technical data, etc.); statements paraphrasing the SOW or parts thereof (including applicable publications, technical data, etc.); and phrases such as “standard procedures will be employed” or “well known techniques will be used,” etc., will be considered unacceptable. Offerors shall assume that the Government has no prior knowledge of their facilities and experience, and will base its evaluation on the information presented in the proposal. Elaborate brochures or documentation, binding, detailed art work, or other embellishments are unnecessary and are not desired.

J.6.4.3.4. Key Personnel Qualifications/Experience – Factor 2: The offeror is to submit information for proposed key personnel identified below that addresses the corresponding information. The key personnel information shall be presented as a summary of each proposed personnel achievements, qualifications and experiences on relevant project in the past. Further details on key personnel shall be presented in Resumes, as annexes. The resumes shall include the title, duties, and responsibilities of the individuals and examples of project experience. Examples of project experience shall include the capacity the individual served on each project, dates employed on each project, and monetary size of each project.

a) Project Manager:

· Education Requirement: The minimum qualifications include a Degree in Construction management or related course or an equivalent in Civil Engineering/Architecture/ Business Administration/Project Management.

· Experience Requirements: At least eight (8) years of progressively responsible work experience in the designs and construction supervision of building infrastructure programs with demonstrated strong management and coordinating skills. At least four (4) years of the 8 years with progressively responsible supervisory work experience, infrastructure project management, including direct supervision of construction staff, plant and reporting responsibilities.

· Specialized Knowledge/Skills: Incumbent should have demonstrated ICT skills especially as pertain to spread sheets, word, project and relative applications for construction of civil works.

· Program Role: This individual shall act as the key liaison between USAID/Liberia, the Construction oversight contractor and the construction contractor. The role of the PM are aimed at providing overall leadership, supervision, time, cost, quality management, and general technical direction of the entire project. The incumbent shall be required to spend at least 50% of their time on site.

b) Project Engineer:

(1) Education Requirement: A minimum BSc degree in Civil Engineering or related construction fields.

(2) Experience Requirements: The Project Engineer position must have a minimum of 8 years of professional field experience monitoring similar projects, performing duties such as the construction and supervision of civil works. The candidate must have knowledge and technical experience on the implementation of rural road projects including supervision of earthworks and reinforced concrete works

(3) Program Role: The Project Supervisors will report to the Project Manager, and shall have responsibility for implementation of the construction project, have direct supervisory responsibility over constructing team and shall be required to be full time on the site.

c) Quality Control Officer:

(1) Education Requirement: The minimum qualifications include an Advance Degree in Construction/Project management or related courses. A Bachelor of Science degree in Civil Engineering/Architecture/Construction Technology

(2) Experience Requirements: At least five (5) years of progressively responsible work experience in construction quality control and supervision with demonstrated strong management and coordinating skills. At least two (2) of the five (5) years including progressively responsible supervisory work experience.

(3) Specialized Knowledge/Skills: Incumbent should have demonstrated skills quality control, basic material testing and implementation of a quality control and surveillance plan.

(4) Program Role: This individual shall serve as the most senior quality control personal on the project. The individual shall have sufficient independence and staff to implement the project QCP and make recommendations to the Construction team leader on issues of compliance, re-works and non-conforming work items. The incumbent primary responsibilities are aimed at providing overall leadership, supervision and direction of the process leading to the project quality control and environmental compliance. The QCE shall lead the project quality control team involve in full time construction oversight.

d) Environmental Compliance/Safety Officer:

(1) Education Requirements: The ECS/SO must have at least a diploma/associate degree in the field of Civil Engineering, Environmental Science, Natural Resource Management or Construction Technology.

(2) Specialized Knowledge/Skills: A minimum of three years of professional experience as an ECS/SO or similar role with experiences in construction site safety compliance and environmental management and mitigation

(3) Program Role: The primary role of the environmental compliance/safety officer will be to serve as the custodian of the Contractor’s site safety and Environmental Management and Mitigation Plans (EMMP). The ECS/SO will serve the monitoring and reporting role of implementation of the Contractor’s EMMP based on the framework laid out in the attached Health, Safety and Environmental Compliance Requirements in Section J. The ECS/SO shall also ensure that safety measures outlined in the safety plan are implemented and that work occurs in the safest manner possible in all three cities and within all work teams. The incumbent shall be required to be full time on site.

J.6.4.3.5. Project Management Plan – Factor 3: The Project Management Plan is to; (1) describe how an offeror intends to manage the project throughout the construction and defects liability period with emphasis on how a quality product will be produced, on schedule, and who will be responsible for overseeing and doing each phase of the work. (2) The offeror must provide an overall Project Management Plan that describes the organizational structure, staffing, and sub-contracting plan (if any) that the offeror will utilize to achieve the objectives and tasks listed in the Enclosure 1. (3) The offeror must describe and demonstrate its access to or finance of construction materials and project management tools which will be adopted to implement the project considering the logistical and technical challenges associated with construction projects of similar scope and complexity in rural Liberia.

J.6.4.4. VOLUME IV (PRICE PROPOSAL)

J.6.4.4.1. Proposed prices are to be consistent with prices proposed for same items in the IDIQ. In the event that prices for items in the IDIQ are changed as a result of negotiations, awardees will be provided an opportunity to revised proposed prices of items for Task Orders based on final negotiated price(s) of the IDIQ.

NOTE: THE ABOVE ONLY APPLIES TO TASK ORDER BOQ ITEMS THAT ARE SAME AS IDIQ BOQ ITEMS. TASK ORDER BOQs CONTAIN ADDITIONAL ITEMS NOT INCLUDED IN THE IDIQ BOQ AND OFFEROR IS TO PROPOSE A PRICE FOR THE ADDITIONAL ITEMS.

J.6.4.4.2. Proposals must include a price proposal in US Dollars that will result in a fixed unit rate Task Order, with a Firm Fixed Price. The Offeror must use the Bill of Quantities format provided in Enclosure 2, and fill in the fixed unit rates and prices for all items of the works described in the Bill of Quantities. The firm fixed unit rates and prices in the Bill of Quantities are to be inclusive value for all labor, materials, equipment, temporary works, supervision, transportation, repairs, fuel, licenses, bonds clearance, taxes, overheads, profits and all other matters, things, obligations, liabilities and risks which are necessary for the successful execution, completion and maintenance of the works as set forth or implied in these bid documents.

J.6.4.4.3. As an annex to the Price Proposal, the Contractor must submit a certified letter from a lending institution ensuring that, upon Task Order award, the lending institution will issue a performance bond/guarantee in the amount of 10% of the value of the Task Order.

J.6.4.4.4. The Task Order Price Proposal, at a minimum, must include the following:

· The total price for the construction services and a breakout of the components of the price. This includes a complete bill of quantity (J.6.A2; J.6.B2; and J.6.C.2). The Contractor shall provide a narrative discussing the different price elements to adequately justify the total price. Any assumptions should be clearly stated.

· The cost of the performance and payment bond shall be included in the budget. The Contractor shall not charge any indirect costs or fees on the cost of the performance and payment bond. The cost is a separate line item that is added after all other costs have been calculated.

· Estimated prices of any nonexpendable property and commodities to be purchased, if applicable, shall be based upon quotes from suppliers, and shall reflect the quantity and types of such property or commodities, the unit price(s) for each, and the total cost of nonexpendable property and commodities. The proposal shall also include an explanation of the need for such property and commodities, a lease versus purchase analysis, an explanation of the use(s) to which such property and commodities will be put, and proposed disposition.

· Each task order price shall incorporate the cost for key personnel and general resources needed to manage the Task Order.

J.6.5. BASIS FOR AWARD AND EVALUATION CRITERIA

J.6.5.1. BASIS FOR AWARD

(a) This is a best value source selection conducted in accordance with Federal Acquisition Regulation (FAR) 15.1, Source Selection. Task Orders Proposals will be evaluated in accordance with the factors listed below. Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. The Offeror who submits the lowest price proposal with a technically acceptable proposal that has received ratings of “Acceptable” on ALL non-cost factors will be awarded the Task Order.

(b) Trade-offs between cost/price and non-cost/price factors are not permitted.

(c) In accordance with FAR 52.215-1, the Government intends to evaluate proposals and award Task Orders without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the Offeror’s best terms from a price and technical standpoint.

EVALUATION APPROACH

(a) Ensure everything required by this solicitation is included in the offer;

(b) Determine technical acceptability of offers; and

(c) Evaluate price of those offers found to be technically acceptable.

(d) Proposals determined "Not Technically Acceptable" will be rejected and not considered for award. Offerors will be notified and given the opportunity to request a debrief pursuant to FAR 15.5.

The technical factor evaluation provides an assessment of the offeror’s capability to satisfy the government’s minimum requirements. For a proposal to be determined “technically acceptable” and receive consideration for award based upon lowest price submitted, the proposal must receive a rating of “Acceptable” for each technical factor.

J.6.5.2. EVALUATION RATINGS AND DEFINITIONS:

(1) Ratings and Definitions

The following adjectival ratings will be used to evaluate the Technical Proposal:

"Acceptable" is defined as: Proposal clearly meets the minimum requirements of the solicitation.

"Unacceptable" is defined as: Proposal does not clearly meet the minimum requirements of the solicitation.

NOTE: In the context of acceptable and unacceptable, a "go" will be considered acceptable and a "no-go" will be considered unacceptable. Any proposal rated unacceptable in any non-price factor will not be considered for award.

(b) Evaluation Criteria:

Factor 1-Technical Capability: The technical evaluation provides an assessment of the offeror’s capability to satisfy the Government’s requirements listed in J.6.4.3.3. For an offeror’s technical capability to be determined “technically acceptable” and receive consideration for award based upon lowest price submitted, the offeror’s information submitted for Technical Capability must clearly address all the information requested to receive a rating of acceptable (GO).

Factor 2- (Key Personnel Qualifications/Experience): The evaluation of the offerors proposed key personnel education, experience and expertise to perform the roles anticipated consistent with section J.6.4.3.4 above. For the offerors key personnel to be determined “technically acceptable” and receive consideration for award based upon lowest price submitted, all proposed Key Personnel must meet or exceed the minimum qualifications to receive a rating of acceptable (GO). Failure to meet the minimum qualifications for ONE Key Personnel will result in a rating of unacceptable (NO GO) for Key Personnel Factor.

Factor 3- Project Management Plan: The evaluation of the project management plan will provide and assessment of the offeror’s capability to management the construction and defects liability, considering quality, time and cost control. The offeror’s organization structure, access to financing and subcontracting plan will be evaluated to determine the extent to which it supports project implementation. For an offerors project management plan to be determined “technically acceptable” and receive consideration for award based upon lowest price submitted, Offeror’s information submitted for Project Management Plan must clearly address all the information requested in J.6.4.3.5 to receive a rating of acceptable (GO).

ENCLOSURE 1

SECTION C – DESCRIPTION / SPECIFICATIONS/STATEMENT OF WORK

C.1 Construction Requirements The Contractor shall provide all supervision, labor, materials, camps, equipment and all other provisions, whether of a temporary or permanent nature, required to execute and complete the road project in accordance with the approved design. This will include, but not be limited to, construction of all-gravel surface courses, causeways, culverts, end structures, erosion protections, drainage, and other necessary items along the required roads. The contractor shall further ensure that all sections of the road remain passable to all vehicles at all times in all seasons of the year during the period of performance. The Contractor will implement the works in accordance with the following requirements:

· The Contractor shall provide all services required for all construction activities, construction means and methods, coordination, logistics, testing, and surveys, placing of center line and benchmarks

· The Contractor shall provide of experienced managers, engineers, foremen, surveyors, materials technicians and other technical staff, together with all transport, instruments and equipment, to ensure adequate supervision and execution of the works at all times.

· The Contractor shall provide the following from months 1 to 16 following the issuance of notice to proceed:

· Clearing works and construction of drainage structures

· Earthworks, placement of sub-base and gravel surfacing finishing works

· Rainy season emergency maintenance works.

· A substantial completion inspection will occur 16 months following the issuance of notice to proceed.

· The Contractor shall provide DLP maintenance from months 17 to 24 following the issuance of the notice to proceed.

· A final acceptance of works will occur 24 months following the issuance of notice to proceed.

Works covered in the fulfillment of this scope includes:

· Clearing and grubbing vegetation on each side of the road formation width.

· Construction of embankment using approved borrowed material in appropriate road sections to ensure that the final road elevation is above normal flood levels.

· To selectively provide gravel wearing course in sections road sections where the gravel wearing course is completed worn out, non-existent or the plasticity of the in-situ soil is considered inappropriate to directly carry traffic loads.

· Grade to reshape road surface to restore side drains, miter drains, cross section, camber and compact to standards indicated in the specifications.

· Repair, replace and build cross drainage structures at points recommended in the improvement plan and in accordance with the specifications, design standards and typical drawings provided.

· Provide maintenance for the full stretch of the road to insure that the road is open at all times during the construction period.

· Provide DLP maintenance for the full stretch of the road to insure that the road is kept to as built standards for the 8 months period following the end of construction.

C.2 Workmanship and Quality Control The Contractor is expected to produce work which conforms in quality and accuracy of detail to the referenced engineering standards listed in the construction documents. The Contractor, at his own expense, shall institute a quality control system and provide experienced managers, engineers, foremen, surveyors, materials technicians and other technical staff, together with all transport, instruments and equipment, to ensure adequate supervision and execution of the works at all times.

The Contractor, in compliance with the design and contract documents shall provide quality control to ensure that all work adheres to the applicable standards in the Design and Specifications provided by USAID for all construction methods, materials, labor, equipment, and testing.

These procedures, checks and balances will be described in a Quality Control Plan to be prepared by the Contractor and submitted to the USAID Contracting Officer’s Representative (COR) for approval.

USAID will procure the services of an independent engineering firm, herein referred to as the Construction oversight contractor assurance contractor (COC) to provide the following services:

· Full time oversight of construction works;

· Review construction contractor’s submittals and make recommendation for approvals to the COR;

· Support USAID quality assurance system

· Provide regular reports on construction contractor’s performance;

· Ensure that construction works, designs and quantities are implemented according to the terms and conditions of the construction contract;

· Ensure that the contractor implements the environmental management & mitigation plan and the site safety plan;

· Serve as principle technical advisor to the COR;

The Contractor shall cooperate and coordinate with the USAID COC and other third party reviewers or inspectors. The COC will verify that the levels of workmanship and quality of materials stipulated in the contract specifications are met. USAID will also verify that the Contractor’s Quality Control Plan, Health and Safety Plan, warranty and work plan are all being followed during the lifespan of the project.

The required standard compaction test is to be routinely carried out to check for adequate compaction of the sub-base and gravel surface. The road should be thoroughly compacted to 98% of the maximum dry density found by standard compaction test. The test should be carried out at every 500 meters of the road.

As a minimum requirement the bidder shall have access to the following quality control equipment on site:

· One density testing equipment for Proctor tests such as the California Bearing Ratio (CBR) or equivalent per ASTM D4429 – 09a Standard Test Method for CBR (California Bearing Ratio) of Soils in Place; and Standards D1883-05 (for laboratory-prepared samples)

· One concrete strength testing equipment per ASTM C873 / C873M – 10a Standard Test Method for Compressive Strength of Concrete Cylinders Cast in Place in Cylindrical Molds, and ASTM C39 / C39M – 12a Standard Test Method for Compressive Strength of Cylindrical Concrete Specimens.

· Atterburg limits

An integrated system of Quality Control/Quality Assurance services provided by the Contractor and the USAID COC will ensure construction quality. The Contractor will be responsible for constructing the work in accordance with approved plans and specifications. The Contractor is responsible for establishing procedures, checks and controls during the construction process which will assure that construction quality (as required by contract documents) is maintained. These procedures, checks and balances will be described in a Quality Control Plan to be prepared by the Contractor and submitted to the COR for approval.

The Contractor will be responsible for accurately quantifying, on a weekly basis, the amount of Bill of Quantity work performed.

C.3 Establishment of Lines and Grades The Contractor shall set construction stakes establishing lines and grades in accordance with the drawings and improvement plans and shall secure the approval of the USAID COR, through the COC, before commencing with the construction work. If the COC identifies potential revision to the contractually-determined improvement plans, lines and grades, USAID COR approval will be necessary to revise the line and grade and require the Contractor to adjust the stakes accordingly.

The Contractor shall give the USAID COR and Oversight Contractor not less than forty-eight hours’ notice of his intention to stake out or establish levels for any part of the work to make arrangements for double checking. The Contractor shall measure the staking out and the oversight contactor will check the measurement. Quantities from the approved measurements will be the basis of payments.

The surveying and staking shall be performed to obtain close conformance with the lines, grades and details indicated on the plans and specifications provided by USAID. The Contractor shall be responsible for the supervision of the surveying and staking personnel. Any errors shall be corrected by the Contractor. The Contractor shall furnish to the USAID COR a practicable schedule of staking priorities. This schedule shall be in the form of a Gantt progress chart, including the dates and sequence of staking requirements.

The Contractor shall at his own expense make any additional surveys and measurements that are required for the construction of the work such as slope stakes, temporary grade stakes, and culvert layout, offset line, and others as required. The Contractor shall be responsible for the accuracy of all surveys or measurements made by his employees.

Any benchmarks made by the USAID COR, COC, or the Contractor shall be carefully preserved and, if disturbed or destroyed, shall be immediately replaced by the Contractor at his own expense. No work shall be carried out in any section without the approval of USAID COR.

C.4 Measurement of Works The measurement of the works shall be performed on the basis of the specifications. If actual physical measurement exceeds the requirements indicated in the approved schedule of quantities and/or drawings, such excess shall not be measured for payment and the Contractor shall not be entitled to any compensation, provided always that the specified measurements are technically acceptable and there is no provision to the contrary in any other part of the contract documents. All measurement for payment shall be to the neat lines and dimensions shown on the drawings or approved shop drawings. All work completed under the contract shall be measured according to the Système International (metric system) for all items unless specified otherwise in the contract.

The Contractor shall measure all works acceptably completed. The Contractor shall prepare records and drawings of the measurements of permanent work that shall be submitted to the USAID COR and COC for approval. If after examination of such records and drawings, USAID COR withholds his approval, the Contractor, together with the USAID COR and COC, shall re-stake the measurements using the Contractor’s equipment and personnel. In the event of further disagreement concerning the measurement, the USAID COR’s decision shall be final.

Payments shall be based on the approved measured work quantities not exceeding quantities in the proposed detailed designs. Fixed unit rates form the contract shall be used to calculate payments.

C.5 Remedial Work When any part of the works or any equipment or material is found upon examination by the USAID COR not to conform to the requirements or is at any stage before final acceptance damaged so that it no longer conforms to the requirements, the COR may order its complete removal and replacement, at the bidder’s expense.

The cost of all supervision and process control, including testing, so carried out by the Contractor, shall be deemed to be included in the rates tendered for the related items of work. An example is the required penetrometer tests to be carried out routinely to check for adequate compaction of the sub-base and the gravel surface.

C.6 Work Plan Within 14 days after notice to proceed the Contractor shall submit a work schedule utilizing the Critical Path Method (CPM), for COR approval. During progression of work the Contractor shall identify the work actually completed and reflect the progress relative to the construction schedule. The Contractor shall provide information on the following:

· Should the schedule or price of any of the activities, services or deliverables provided in this contract deviate from the contractual timeframes and/or price, the Contractor shall immediately submit to the COR, with a copy to the Contracting Officer, a price and/or schedule recovery plan. The cause of the delay(s), disruptions, or interruptions shall be identified in the narrative, and narrative shall provide an explanation of the work affected and the proposed corrective action to meet the milestone dates involved or to mitigate potential delays or disruptions.

· No revision to the accepted milestones schedule shall be made without prior written approval of the USAID COR and Contracting Officer (CO). Requests by the Contractor for project schedule revisions shall be submitted in writing to USAID with justification and such supporting evidence, as USAID deems necessary to determine whether Contractor is entitled to such revision under the provisions of the Contract.

C.7 Post Award Conference Within 5 days after the Notice to proceed is issued, USAID will conduct a post award meeting to discuss and develop a mutual understanding relative to the details of the administration and execution of this contract. Participants shall include the USAID COR and representatives, Contracting Officer, COC, the Contractor, and representatives from the Ministry of Public Works, if necessary.

C.8 Data Rights USAID shall have unlimited rights to as-built design documents produced by the Contractor as part of this contract to include: drawings, designs, notes, calculations, specifications, and all other works developed in the performance of this contract that allows USAID to use said documents on any other design or construction project anywhere in the world without approval from, or additional compensation paid, to the Contractor.

C.9 Construction Meetings A recurring meeting shall be held at varying job sites or facilities as determined by USAID. The typical timeframe will be monthly and attendance will always include USAID, COC, the Ministry of Public Works, the Contractor, and/or other USAID invited observers. Other personnel will be included as requested by USAID. The meeting will evaluate and require the following:

1. Construction Progress (Scope of Work) Update

2. Weekly Bill of Quantities Report

3. Critical Path Method (CPM) Schedule Update

4. Requests for Information (RFI) discussion and resolution

5. Safety and Security Update

6. Compliance with Environmental Mitigation and Monitoring Plan (EMMP)

7. Quality Control Plan Update

C.10 Source of Supply and Quality of Source Materials The Contractor shall furnish only new materials for incorporation into the work, except as specifically otherwise permitted in the Contract. Materials shall be manufactured, handled, and used in a competent manner to ensure that completed work complies with the terms of the contract. Materials to be used in the work shall be subject to inspection of USAID. The quality of all materials shall conform to that specified in the contract.

Manufacturers' test reports may supplement the Contractor inspections, sampling, testing, and certification provisions. Manufacturers’ warranties, guarantees, instruction sheets, parts lists, and other material that are furnished with certain articles or materials incorporated into the work shall be delivered to USAID prior to project acceptance.

Materials to be installed and incorporated into the work shall be stored in such a manner as to ensure the preservation of their quality and fitness for the work, and to facilitate inspection. Storage shall comply with environmental requirements.

C.11 Safety Program and Safety Plan Contractor responsibilities shall include all life support, communications, and transportation of materials, personnel, and equipment to work sites unless otherwise specified in the contract. The Contractor may be required to provide similar services to USAID personnel when so specified in the contract. In addition, the Contractor shall be responsible for maintaining the security of its personnel, materials, and equipment.

The Contractor shall be prepared to take appropriate actions in order to provide for its own safety and security and that of its employees. The Contractor shall avail itself of authorized safety and security protections and services. The Contractor shall continuously monitor and update this comprehensive safety and security plan by means of qualified and competent staff of personnel

The Contractor shall implement safety measures to accomplish the work in the safest manner possible at the site. 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.

C.12 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:

1. Explanation of Contractor's Accident Prevention Plan, Emergency Action Plan, and Fire Prevention Plan, and measures for reporting any unsafe conditions, work practices, and injuries.

2. Use of appropriate clothing, including gloves, footwear, and personal protective equipment.

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

4. Availability of toilet, hand-washing, and drinking water facilities.

5. 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.13 Project Acceptance The Contractor shall perform all the work necessary to complete works described in Section C, such as:

1) All materials, equipment, services and efforts necessary to achieve Project Completion, Project Acceptance and Final Acceptance on or before the applicable Completion Deadline shall be Contractor’s sole responsibility, except as otherwise specifically provided in the Contract.

Notice and Inspection: The Contractor shall provide notice to USAID when all of the following have occurred:

2) USAID will then conduct such inspections, surveys and/or testing as it deems necessary. If such inspections, surveys and/or tests disclose that any of work does not meet the requirements of the contract, USAID will promptly advise the Contractor as to any errors in the work necessary to be corrected as a condition to project completion and as to any errors, which may be corrected as punch list items. Upon correction of the errors identified as a prerequisite to project completion, the Contractor shall provide written notification to USAID, and USAID will conduct additional inspections, surveys and/or testing, as it deems desirable. This procedure shall be repeated until USAID finds that all prerequisites to project completion have been met.

Such notice shall be accompanied by a certification from Contractor’s Construction Quality Assurance Support, in form and substance satisfactory to USAID, certifying conformity of the standards and specifications required in the contract.

C.14 No Relief from Liability Project acceptance will not prevent USAID from correcting any measurement, estimate, or certificate made before or after completion of the work, nor shall it prevent USAID from recovering from Contractor, its Surety(ies), or other provider of performance security or any combination of the foregoing, overpayment sustained for failure of Contractor to fulfill the obligations under the contract. A waiver on the part of USAID of any breach of any part of Contractor shall not be held to be a waiver of any other or subsequent breach. Project acceptance shall not relieve Contractor from any of its continuing obligations hereunder, including warranty obligations.

C.15 Substantial Completion Substantial completion shall be deemed to have occurred when Contractor has fully satisfied the construction requirement in accordance with the requirements of the Contract. Fully satisfied when is at least 90% of each construction item is completed and the works are deemed fit for use by USAID.

C.16 Construction Warranty The Contractor guarantees all the work to be performed and all the materials to be furnished under this contract against defects in materials and workmanship for a period of eight months from the date of substantial completion. The Contractor, shall, within a reasonable time but in no case longer than thirty (30) days after receipt of a written notice thereof, repair or replace any defects in materials or workmanship which may develop during the eight month period and any damages resulting from repairing or replacing of such defects at its own expense and without cost. In the event Contractor fails to remedy any such defect within a reasonable time, which in no case shall be longer than thirty (30) days after receipt of such written notice, USAID may proceed to have such defects remedied at contractor’s expense. The Contractor shall pay the costs and charges accruing from such work and other damages.

The warranty period shall commence upon substantial completion and terminate on the date of final project acceptance by USAID. After project acceptance, subject to the requirements herein, the Contractor may obtain a release of the performance bond in the form of a bank guarantee. The performance bond shall be valued at 5 percent of the final construction cost to assure that guaranteed work will be performed by the contractor.

C.17 Final Project Acceptance The final project acceptance for the work will occur upon the expiration of the eight month DLP maintenance period. The 5 percent performance bond furnished by the Contractor shall be returned to the Contractor on the date that the completion certificate is issued.

C.18 Submittal and Review Process C.18.1 Submittal Procedures A submittal form shall accompany all submittals. The submittal form shall be in a format approved by the USAID COR. Each submittal form shall be consecutively numbered, 0001, 0002, 0003, and so one, with 0001 pertaining to the first submittal made by the Contractor.

On each submittal form the Contractor shall provide a comprehensive description of the submission and note the specification section and sub-section and/or contract condition clause to which the submission pertains. For all shop drawings, the submittal form shall indicate the drawing or drawings to which the submitted shop drawing(s) pertain(s) as well as the number and title of each shop drawing accompanying the submission. If the submittal is not in accordance with drawings and/or specifications the Contractor shall so note this on the submittal form with an explanation stating the reason or reasons why. The submittal form shall also indicate whether the submittal is for the USAID COR’s approval, concurrence or information. USAID COR will review submittals to determine conformance with the drawings and specifications. The USAID COR may request additional information or details or require changes in the shop drawings for conformance with the drawings and specifications.

After review, the USAID COR will return one set or copy of the submission and the submittal form to the Contractor. The USAID COR shall annotate returned submittal forms indicating acceptance or rejection of the submittal or additional data or information required for review. If a submittal is rejected, the USAID COR shall note on the returned submittal form, or an attachment thereto, the reason(s) for rejection of the submittal. If additional information is required for review, the USAID COR shall note on the returned submittal form or an attachment thereto, what additional information is required. For submittals provided for information, the USAID COR shall return a copy of the submittal form noting receipt of the submission. Submittals that are rejected or require further information shall be resubmitted to the USAID COR. For resubmissions the submittal form shall be numbered with the same number as the original submittal with a postscript A, for the first resubmission, B if a second resubmission is required, C for the third, and so on. As an example, if a submittal numbered 0006 was rejected or returned for additional information, the resubmission shall be numbered 0006A. If the resubmitted submittal is rejected, the second resubmission shall be numbered 0006B.

Submittals shall be made in complete packages and shall include all necessary information to allow the USAID COR to review the items depicted in the submittal for conformance with the contract documents, and to effectively evaluate the proposed material and/or method of construction. Upon receipt of a submittal package the USAID COR will evaluate it for completeness and notify the Contractor of any deficiencies in the completeness. Review by the USAID COR will not begin until the submittal package is complete.

Upon review of shop drawing submittals, the USAID COR will return one set of shop drawings to the Contractor. Returned shop drawings will be indicated by the USAID COR and COC to indicate the following:

Approved: The shop drawing has been reviewed and does not require re-submission

Approved as Noted: The shop drawing has been reviewed and the Contractor shall incorporate the comments as noted on the shop drawing. The shop drawing does not require re-submission.

Review and Resubmit: The shop drawing requires correction or redrawing and shall be resubmitted for review.

If shop drawings are returned for correction or redrawing, corrections shall be made and the Contractor shall resubmit the shop drawings in the same manner as the first submittal. Specific notation shall be made on the shop drawings to indicate the revisions made.

C.18.2 Time for Preparation and Review Submittals The USAID COR will return all Contractor submittals, including shop drawings, with his comments, approval, rejection or recommendations no later than fifteen (15) calendar days after receipt of a complete submission package.

Submittals by the Contractor shall be made sufficiently in advance of the start of the affected work, to allow time for review by the USAID COR and COC with correction by the Contractor without delaying the work. The Contractor will take into consideration the time required for preparation of submittals, including shop drawings and review by the USAID COR and COC, when he prepares his schedule for the works.

C.18.3 Submittal Register The Contractor shall prepare and submit to the USAID COR for review and approval, a submittal register, noting all information and data required, from the Contractor including shop drawings, and other submittals. The submittal register shall be in a format approved by the USAID COR. The submittal register shall be coordinated with the Contractor’s construction schedule. The submittal register shall be used as the document for controlling the submission of all submittals throughout the period of the contract. The submittal register shall note:

1) A description of each submittal and its contents including applicable specification identification;

2) If the submittal is for information, consent or approval by the USAID COR;

3) The date of transmittal to the USAID COR;

4) The date of return of the submittal from the USAID COR;

5) The status of the returned submittal, i.e. approved, approved with comments, rejected;

6) The date of re-submittal (if required) to the USAID COR.

The form and content of the Contractor’s proposed submittal register shall be initially submitted by the Contractor for review and consent by the USAID COR with his initial construction schedule.