Solicitation_191N6526Q0099_Structural Retrofitting.pdf

TABLE OF CONTENTS

A. COVER PAGE – SF-1442

B. SUPPLIES OR SERVICES AND PRICES/COSTS

C. DESCRIPTION/SPECIFICATIONS STATEMENT OF WORK

D. PACKAGING AND MARKING

E. INSPECTION AND ACCEPTANCE

F. DELIVERIES OR PERFORMANCE

G. CONTRACT ADMINISTRATION DATA

H. SPECIAL CONTRACT REQUIREMENTS

I. CONTRACT CLAUSES

J. LIST OF ATTACHMENTS

K. REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS OR QUOTERS

L. INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR QUOTERS

M. EVALUATION FACTORS FOR AWARD

SECTION A

COVER PAGE SF-1442 – Attached separately

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 CONTRACT PRICE

The Contractor shall complete all work, including furnishing all labor, material, equipment and services required under this contract for the following firm fixed price. This price shall include all direct costs (labor, materials), indirect costs, overhead (including cost of

Workers’ Compensation and War-Hazard Insurance, which shall not be a direct reimbursement), and profit.

MATERIAL COST IN INR

LABOUR COST IN INR

TRANSPORTATION CHARGES

TOTAL PRICE (including all labor, materials, transportation overhead and profit) in INR

GST @____

GRAND TOTAL INCLUDING GST in INR

B.2 GOODS AND SERVICES TAX (GST)

To enable the U.S. Government to claim GST refunds, the Contractor shall include GST as a separate charge on the Invoice and as a separate line item. The contractor shall furnish tax invoices in accordance with New Delhi GST regulations and must print the Embassy’s UID

0717USA00138UNS on the invoice for payment.

Offeror, registered with GST authority, should submit a copy of GST registration certificate along with the offer. This is a mandatory requirement for evaluation purposes.

Acceptability will be determined by assessing the offeror's compliance with the terms of the solicitation. The government will determine contractor responsibility by analyzing whether the apparent successful offeror complies with the requirements of FAR 9.1.

B.3 TYPE OF CONTRACT

This contract is a firm fixed price contract payable in the currency indicated in the

SF1442. No additional sums will be payable on account of any escalation in the cost of materials, equipment or labor, or because of the Contractor's failure to properly estimate or accurately predict the cost or difficulty of achieving the results required by this contract. Nor will the contract price be adjusted on account of fluctuations in the currency exchange rates.

Changes in the contract price or time to complete will be made only due to changes made by the

Government in the work to be performed, or by delays caused by the Government.

Payments based on quantities and unit prices will be made only to the extent specifically provided in the contract.

52.216-27 Single or Multiple Awards (Oct 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

(End of provision)

SECTION C

DESCRIPTION/SPECIFICATIONS STATEMENT OF WORK

C.1 DRAWINGS

In case of differences between small and large-scale drawings, the latter will govern.

Where a portion of the work is drawn in detail and the remainder of the work is indicated in outline, the parts drawn in detail shall apply also to all other portions of the work.

C.2 SPECIFICATIONS/STATEMENT OF WORK

This project is to Structural Retrofitting services as per the detailed Scope of Work attached separately as Annexure-1.

SECTION D

PACKAGING AND MARKING

RESERVED

SECTION E

INSPECTION AND ACCEPTANCE

FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

E.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at:

http://www.acquisition.gov/far/ or http://farsite.hill.af.mil/vffara.htm

These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Department of State Acquisition website at http://www.statebuy.state.gov/ to see the links to the FAR. You may also use an internet

“search engine” (for example Google, Yahoo, Excite) to obtain the latest location of the most current FAR.

E.2 QUALITY ASSURANCE

The Contractor shall institute an appropriate inspection system. This system shall include:

(a) Checklists of duties to be carried out, ensuring these duties are carried out by the supervisory staff and senior employees, and

(b) Carrying out weekly inspections to determine whether the various services are being performed according to the contract requirements.

The Contractor shall provide copies of the weekly inspection reports to the COR.

The Contractor shall promptly correct and improve any shortcomings and/or substandard conditions noted in such inspections. The Contractor shall notify the Contracting Officer or the

COR of any conditions beyond the responsibility of the Contractor.

http://www.acquisition.gov/far/ http://farsite.hill.af.mil/vffara.htm http://www.statebuy.state.gov/

E2.1. INSPECTION BY GOVERNMENT

The COR will, from time to time, inspect the services being performed under and the supplies to determine that all work is being performed in a satisfactory manner, and that all supplies are of acceptable quality and standards.

The Contractor shall be responsible for any countermeasures or corrective action which may be required by the Contracting Officer as a result of inspection.

E.3 FINAL COMPLETION AND ACCEPTANCE

E.3.1 DEFINITIONS

(a) "Final completion and acceptance" means the stage in the progress of the work when all work required under the contract has been completed in a satisfactory subject to the discovery of defects after final completion, and except for items specifically excluded in the notice of final acceptance.

(b) The "date of final completion and acceptance" means the date determined by the

Contracting Officer in written notice to the Contractor that final completion of the work has been achieved.

E.3.2 FINAL INSPECTION AND TESTS

The Contractor shall give the Contracting Officer at least five (5) days advance written notice of the date the work will be fully completed and ready for final inspection and tests. The

Government will start final inspection and tests not later than the date specified in the

Contractor’s notice unless the Contracting Officer determines that the work is not ready for final inspection and informs the Contractor.

E.3.3 FINAL ACCEPTANCE

The Contracting Officer shall issue to the Contractor a notice of final acceptance and make final payment when there is:

(a) Satisfactory completion of all required tests,

(b) Verification by the Contracting Officer on the basis of a final inspection that all items listed in the Schedule of Defects have been completed or corrected and that the work is finally complete, subject to the discovery of defects after final completion, and

(c) Submittal by the Contractor of all documents and other items required upon completion of the work, including a final request for payment.

SECTION F

DELIVERIES OR PERFORMANCE

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 working days. The time stated for completion shall include final cleanup of the premises and completion of punch list items.

F.1.1 52.211-12 LIQUIDATED DAMAGES - CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, or any extension, the Contractor shall pay liquidated damages to the Government in the amount of 1% for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.242-14 SUSPENSION OF WORK (APR 1984)

F.2 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

effect as if they were given in full text. Upon request, the Contracting Officer will make their full http://www.statebuy.state.gov/ to see the links to the FAR. You may also use an internet

“search engine” (for example Google, Yahoo, Excite) to obtain the latest location of the most current FAR.

http://www.acquisition.gov/far/ http://www.statebuy.state.gov/

F.3 CONTRACTOR'S SUBMISSION OF CONSTRUCTION SCHEDULES

(a) The time for submission of the schedules referenced in Section I, 52.236-15, "Schedules for Construction Contracts", paragraph (a), is modified to reflect the due date for submission as 10 calendar days after receipt of an executed contract".

(b) These schedules shall include the time by which shop drawings, product data, samples and other submittals required by the contract will be submitted for approval.

(c) The Contractor shall revise such schedules:

(1) To account for the actual progress of the work,

(2) To reflect approved adjustments in the performance schedule, and

(3) As required by the Contracting Officer to achieve coordination with work by the Government and any separate Contractors performing work for the Government.

The Contractor shall submit a schedule that sequences work so as to minimize disruption at the job site.

(d) All deliverables shall be in the English language, unless otherwise provided, and any system of dimensions (such as English or metric) shown shall be consistent with that used in the contract. The Government in approving such deliverables shall allow no extension of time due to a delay if the Contractor has failed to act promptly and responsively in submitting its deliverables.

F.4 ACCEPTANCE OF SCHEDULE

The schedule shall be binding on the Contractor when the Government has accepted any time schedule. The completion date is fixed and may be extended only by a written contract modification signed by the Contracting Officer. Acceptance or approval of any schedule or revision by the Government shall not:

(1) Extend the completion date or obligate the Government to do so,

(2) Constitute acceptance or approval of any delay, or

(3) Excuse the Contractor from or relieve it of its obligation to maintain the progress of the work and achieve final completion by the established completion date.

F.5 NOTICE OF DELAY

The Contractor shall notify the Contracting Officer if the Contractor receives a notice of any change in the work, or if any other conditions arise that might cause or are actually causing delays that may result in completion of the project after the completion date. The Contractor shall notify the Contracting Officer of any change or other conditions on the approved schedule, and state in what respects, if any, the relevant schedule or the completion date should be revised.

The Contractor shall notify the Government not more than ten (10) days following the first occurrence of the event giving rise to the delay or prospective delay. Revisions to the approved time schedule shall only be made with the approval of the Contracting Officer.

F.6 NOTICE TO PROCEED

(a) The Contracting Officer will provide a Notice to Proceed (NTP) following:

(1) Receipt of proof of bonding and evidence of insurance within the time specified in Section H and

(2) Acceptance of these documents by the Contracting Officer.

The Contractor shall then proceed with the work required, commencing and completing performance not later than the time period established in the contract.

(b) It is possible that the Contracting Officer may elect to issue the Notice to Proceed before receipt and acceptance of any bonds or evidence of insurance required. Issuance of a

Notice to Proceed by the Government before receipt of the required bonds or insurance certificates or policies shall not be a waiver of the requirement to furnish these documents.

F.7 WORKING HOURS

All work shall be performed during 8:00 AM to 5:00 PM Monday through Saturday except for the holidays identified below. No work shall be done on Sundays and holidays unless otherwise approved. The Contracting Officer may approve other hours if the Contractor gives 24 hours’ notice in advance.

(a) The Department of State observes the following days as holidays:

Holiday Type

New Year’s Day American

Martin Luther King Day American

Republic Day Indian

Washington Birthday American

Holi Indian

Good Friday Indian

Memorial Day American

Independence Day American

Independence Day Indian

Id-ul-Zuha (Bakrid) Indian

Labor Day American

Vinayaka Chavithi Indian

Mahatma Gandhi Birthday Indian

Columbus Day American

Vijayadashami/Dasara Indian

Deepavali/Diwali Indian

Veterans Day American

Milad-un-Nabi Indian

Thanksgiving Day American

Christmas Day American

(b) When any such day falls on a Saturday, the preceding Friday is observed; when any such day falls on a Sunday, the following Monday is observed. Observance of such days by

Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract. If the Contractor's personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost.

F.8 EXCUSABLE DELAYS

The Contractor will be allowed time, not money, for excusable delays as defined in FAR

52.249-10, Default. Examples of such cases include:

(1) Acts of God or of the public enemy,

(2) Acts of the United States Government in either its sovereign or contractual capacity,

(3) Acts of the government of the host country in its sovereign capacity,

(4) Acts of another contractor in the performance of a contract with the Government,

(5) Fires,

(6) Floods,

(7) Epidemics,

(8) Quarantine restrictions,

(9) Strikes, (l0) Freight embargoes,

(11) Delays in delivery of Government furnished equipment, and

(12) Unusually severe weather.

In each instance, the failure to perform must be beyond the control and without the fault or negligence of the Contractor, and the failure to perform:

(1) Must be one that the Contractor could not have reasonably anticipated and taken adequate measures to protect against,

(2) Cannot be overcome by reasonable efforts to reschedule the work, and

(3) Directly and materially affects the date of final completion of the project.

F.9 DELIVERABLES

The Contractor shall deliver the following items under this contract:

Description Quantity Delivery Date Deliver to

E.2. Inspection Reports 1

7 days after end of weekly period being reported COR

E.2. Quality Assurance/Control Plan 1 10 days after award COR

E.4. Request for Final Acceptance 1 5 days before inspection COR

F.3. Construction Schedule 1 10 days after award COR

F.5. Notice of Delay 1 Within 10 days after the event

Contracting

Officer

G.3. Payment Request 1

Last calendar day of each month COR

H.1.2. Bonds (Reserved) 1 10 days after award COR

H.2.3. Insurance 1 10 days after award

Contracting

Officer

H.7.4. Laws and Regulations 1 10 days after award

Contracting

Officer

H.11.1. Safety Plan 1 10 days after award COR

H.13.2. Notice of Labor Disputes 1 Immediately upon knowledge

Contracting

Officer

H.13.3. List of Workers and

Supervisors 1 10 days after award

Contracting

Officer

H.14.1. Submittal Register 1 10 days after award COR

H.14.4. Substitution Approvals 1 As required

Contracting

Officer

H.15.2. Warranties/Guarantees 1 As required

Contracting

Officer

H.16.2. Differing Site Condition 1

Within 10 days after the occurrence

Contracting

Officer

I.1. Updates to Construction Schedule

(52.236-15) 1

Last calendar day of each month COR

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 AUTHORITY OF CONTRACTING OFFICER

The Contractor shall perform all work shall be performed under the general direction of the Contracting Officer, who alone shall have the power to:

(a) Bind the Government, and

(b) Exercise the rights, responsibilities, authorities and functions vested by the contract.

The Contracting Officer and the Procurement Executive shall have the right to designate authorized representatives to act for the Contracting Officer, as provided in the designation of that individual, such as an OBO Project Director.

G.2 MONITORING OF THE CONTRACTOR

G.2.1. 652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

(AUG 1999)

(a) The Contracting Officer may designate in writing one or more

Government employees, by name or position title, to take action for the Contracting

Officer under this contract. Each designee shall be identified as a Contracting Officer’s

Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation.

(b) The COR for this contract is the Civil Engineer

G.2.2 DUTIES

The COR is responsible for inspection and acceptance of services. These duties include review of Contractor invoices, including the supporting documentation required by the contract. The

COR may provide technical advice, substantive guidance, inspections, invoice approval, and other purposes as deemed necessary under the contract. The COR is designated as the authority to act for the Contracting Officer in matters concerning technical clarification, random inspection of Contractor performance to ensure compliance with contract specifications and acceptance of the Contractor's performance under this contract. The COR will coordinate all work with the

Contractor during the term of this contract. The COR is not authorized to alter the contract's terms, or conditions, including the design to budget parameter. Such changes must be authorized by the Contracting Officer in a written modification to the contract. Reference to the project architect within documents incorporated into this contract shall be read to mean COR.

G.3 PAYMENT

G.3.1 GENERAL

The Contractor shall follow Section I, 52.232-5, "Payments Under Fixed-Price

Construction Contracts.” The following subsections elaborate upon the information contained in that clause.

Partial payment is authorized under this contract as per the milestones fixed in the Scope of Work. Requests for payment may be made no more frequently than monthly. Payment requests shall cover the value of labor and materials completed and in place, including a prorated portion of overhead and profit.

After receipt of the Contractor's request for payment, and based on an inspection of the work, the Contracting Officer shall decide as to the amount, which is then due. If the

Contracting Officer does not approve payment of the full amount applied for, less the retainage allowed by in 52.232-5, the Contracting Officer shall advise the Contractor as to the reasons.

G.3.2 DETAIL OF PAYMENT REQUESTS

The Contractor’s requests for payment, which shall be made no more frequently than monthly shall cover the value of labor and materials completed and in place, including a prorated portion of overhead and profit and invoices shall be sent to:

Invoices must be submitted via email to MissionIndiaPayments@state.gov with the

Purchase Order number in the subject line. Physical invoices will not be accepted and may lead to payment being delayed. It is mandatory to submit electronic/scanned/digital image invoices only. You will receive an auto acknowledgement once the invoice is received. Please do not submit duplicate emails.

• Invoices from Indian businesses must be a proper Tax Invoice. The US Embassy's GST number is 0717USA00138UNS.

• Partial payment authorized as per payment milestones.

• Subject line while submitting invoice must mention; PO#, Invoice#, Amount.

• Electronic / scanned invoice must be labelled as “Tax Invoice”. The invoice must have GST number of the vendor and American Embassy’s UNI number 0717USA00138UNS.

• Electronic / scanned invoice must list GST rate percentage for each category of goods or services.

• Electronic / scanned invoices must be either typed or handwritten, handwriting on a typed invoice is not acceptable.

• Vendor should only submit invoice after delivering goods or services.

• Payment shall be processed within 30 days through EFT (electronic funds transfer) from the date of receipt of services and receipt of correct invoice. For any queries regarding payment, please contact FMC at MissionIndiaPayments@state.gov.

G.3.3 PAYMENTS TO SUBCONTRACTORS

mailto:MissionIndiaPayments@state.gov mailto:MissionIndiaPayments@state.gov

The Contractor shall make timely payment from the proceeds of the progress or final payment to subcontractors and suppliers following the Contractor's contractual arrangements with them.

G.3.4 EVALUATION BY THE CONTRACTING OFFICER

The Contracting Officer shall make a determination as to the amount that is due after an inspection of the work. The Contracting Officer shall advise the Contractor if the Contracting

Officer does not approve payment of the full amount applied for, less the retainage addressed in

FAR 52.232-5.

G.3.5 ADDITIONAL WITHHOLDING

Independently of monies retained by the Government under FAR 52.232-5 the

Government may withhold from payments due the Contractor any amounts necessary to cover:

(a) Wages or other amounts due the Contractor's employees on this project;

(b) Wages or other amounts due employees of subcontractors on this project;

(c) Amounts due suppliers of materials or equipment for this project; and

(d) Any other amounts that the Contractor may be held liable under this contract, including but not limited to the actual or prospective costs of correction of defective work and costs for failure to make adequate progress.

G.3.6. PAYMENT

In accordance with 52.232-27(a), the 14-day period identified in FAR 52.232-

27(a)(1)(i)(A) is changed to 30 days.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 BOND REQUIREMENTS – RESERVED

H.1.1 TYPE OF BONDS

The Contractor shall furnish:

(1) A performance and guaranty bond and a payment bond on forms provided by and from sureties acceptable to the Government, each in the amount of 20% of the contract price, or

(2) Comparable alternate performance security approved by the Government such as a letter of credit shown in Section J.

H.1.2 TIME FOR SUBMISSION

The Contractor shall provide the bonds required by paragraph H.1.1 within ten (10) days after contract award. Failure to submit:

(1) The required bonds other security acceptable to the Government;

(2) Bonds from an acceptable surety; or

(3) Bonds in the required amount, may result in rescinding or termination of the contract by the Government.

The Contractor shall be liable for costs described in FAR 52.249-10, "Default (Fixed-Price

Construction) if the contract is terminated.

H.1.3 COVERAGE

The bonds or alternate performance security shall guarantee:

(a) The Contractor's completion of the work within the contract time,

(b) The correction of any defects after completion as required by this contract,

(c) The payment of all wages and other amounts payable by the Contractor under its subcontracts or for labor and materials, and

(d) The satisfaction or removal of any liens or encumbrances placed on the work.

H.1.4 DURATION OF COVERAGE

The required performance and payment securities shall remain in effect in the full amount required until final acceptance of the project by the Government. At that time, the penal sum of the performance security only shall be reduced to 10% of the contract price. The performance security shall remain in effect for one year after the date of final completion and acceptance, and the Contractor shall pay any premium required for the entire period of coverage. The requirement for payment security terminates at final acceptance.

H.1.5 52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

The Contractor shall promptly furnish additional security required to protect the

Government and persons supplying labor or materials under this contract if –

(a) Any surety upon any bond, or issuing financial institution for other security, furnished with this contract becomes unacceptable to the Government;

(b) Any surety fails to furnish reports on its financial condition as required by the

Government; or

(c) The contract price is increased so that the penal sum of any bond becomes inadequate in the opinion of the Contracting Officer; or

(d) An irrevocable letter of credit (ILC) used as security will expire before the end of the period of required security. If the Contractor does not furnish an acceptable extension or replacement ILC, or other acceptable substitute, at least 30 days before an ILC’s scheduled expiration, the Contracting Officer has the right to immediately draw on the ILC.

H.2 INSURANCE

H.2.1 AMOUNT OF INSURANCE

The Contractor is required to provide whatever insurance is legally necessary under

Section I, 52.228-5, "Insurance - Work on a Government Installation.” The Contractor shall, at its own expense, provide and maintain during the entire performance period the following insurance amounts:

General Liability: (includes premises/operations, collapse hazard, products, completed operations, contractual, independent contractors, broad form property damage, personal injury)

(1) Bodily Injury, On or Off the Site, in INR

Per Occurrence 100,000 INR

Cumulative 1,000,000 INR

(2) Property Damage, On or Off the Site, in INR

Per Occurrence 100,000 INR

Cumulative 1,000,000 INR

The types and amounts of insurance are the minimums required. The Contractor shall obtain any other types of insurance required by local law or that are ordinarily or customarily obtained in the location of the work. The limit of such insurance shall be as provided by law or sufficient to meet normal and customary claims.

The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to:

(a) Any property of the Contractor,

(b) Its officers,

(c) Agents,

(d) Servants,

(e) Employees, or

(f) Any other person, arising from and incident to the Contractor's performance of this contract.

The Contractor shall hold harmless and indemnify the Government from any and all claims arising, except in the instance of gross negligence on the part of the Government.

The Contractor shall obtain adequate insurance for damage to, or theft of, materials and equipment in insurance coverage for loose transit to the site or in storage on or off the site.

H.2.2 GOVERNMENT AS ADDITIONAL INSURED

The general liability policy required of the Contractor shall name "the United States of

America, acting by and through the Department of State,” as an additional insured with respect to operations performed under this contract.

H.2.3 TIME FOR SUBMISSION OF EVIDENCE OF INSURANCE

The Contractor shall provide evidence of the insurance within ten (10) days after contract award. Failure to timely submit this evidence, in a form acceptable to the Contracting Officer, may result in rescinding or termination of the contract by the Government.

H.3 DEFINITIONS

In addition to the definitions provided in Section I, FAR 52.202-1 and DOSAR 652.202-

70, the following definitions shall apply to this contract:

(a) Contract Drawings or Drawings, means those drawings specifically listed in the executed construction contract or as later incorporated into the contract by contract modification.

(b) Day means a calendar day unless otherwise specifically indicated.

(c) Host Country means the country where the project is located.

(d) Material means all materials, fixtures and other articles incorporated in , or which are intended to remain with, the project.

(e) Notice to Proceed (NTP) means a written notice to the Contractor from the

Contracting Officer authorizing the Contractor to incur obligations and proceed with the work under the contract as of a date in the Notice.

(f) Other Submittals includes progress schedules, setting drawings, testing inspection reports, and other information required by the contract to be submitted by the Contractor for information or approval by the Government.

(g) Project Data includes standard drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the Contractor to explain in detail specific portions of the work required by the

(h) Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the work will be judged.

(i) Schedule of Defects means the list of items, prepared in connection with substantial completion of the work or early occupancy or utilization of a portion, which the

Contracting Officer has designated as remaining to be performed, completed or corrected before the work will be accepted by the Government.

(j) Separate Contractor means a contractor, other than the Contractor or any of its subcontractors, to whom the Government has awarded a contact for construction of a portion of the project.

(k) Work means any and all permanent construction that is intended to be incorporated into the finished project that must be performed or otherwise provided by the

Contractor under this contract.

H.4 OWNERSHIP AND USE OF DOCUMENTS

H.4.1 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND MODELS

(a) Ownership. All specifications, drawings, and copies and models are the property of the Government.

(b) Use and Return. The Contractor shall use the documents described in (a) only for this contract, not for other work or other contractors. The Contractor shall return additional copies provided to or made by the Contractor upon final completion of the work.

H.4.2 SUPPLEMENTAL DOCUMENTS

The Contracting Officer shall occasionally furnish detailed drawings and other information necessary to:

(a) Interpret, clarify, supplement, or correct inconsistencies, errors or omissions in the contract documents; or

(b) Describe minor changes in the work not involving an increase in the contract price or extension of the contract time.

The Contractor shall comply with the requirements of the supplemental documents at no increase in price or extension of time, unless the Contractor objects in writing within 20 days.

H.4.3 RECORD DOCUMENTS

The Contractor shall maintain, at the project site:

(a) A current marked set of contract drawings and specifications indicating all interpretations and clarifications,

(b) Contract modifications and change orders, or

(c) Any other departure from the contract requirements approved by the Contracting

Officer, and

(d) A complete set of record shop drawings, product data, samples and other submittals as approved by the Contracting Officer.

H.4.4 "AS-BUILT" DOCUMENTS

After final completion of the work, but before final acceptance, the Contractor shall provide complete sets of "as-built" drawings:

(a) Based on the record set of drawings,

(b) Marked to show the details of construction as actually accomplished, and

(c) Record shop drawings and other submittals, in the number and form as required by the specifications.

H.5 GOVERNING LAW

The laws of the United States shall govern the contract and the interpretation of the

H.6 LANGUAGE PROFICIENCY

The manager, assigned by the Contractor to superintend the work on-site required by

52.236-6, "Superintendence by the Contractor” shall be fluent in written and spoken English.

H.7 LAWS AND REGULATIONS

H.7.1 COMPLIANCE REQUIRED

The Contractor shall, without additional expense to the Government, be responsible for complying with all host country laws, codes, ordinances, and regulations applicable to the performance of the work, and with the lawful orders of any governmental authority having jurisdiction. Host country authorities may not enter the construction site without the permission of the Contracting Officer. Unless directed by the Contracting Officer, the Contractor shall comply with the more stringent of:

(a) The requirements of such laws, regulations and orders; or

(b) The contract.

If a conflict among the contract and such laws, regulations and orders, the Contractor shall promptly advise the Contracting Officer of the conflict and recommend a proposed course of action for resolution by the Contracting Officer.

H.7.2 LABOR, HEALTH AND SAFETY LAWS AND CUSTOMS

The Contractor shall comply with all local labor laws, regulations, customs and practices pertaining to labor, safety, and similar matters, unless doing so would be inconsistent with the requirements of this contract.

H.7.3 SUBCONTRACTORS

The Contractor shall give written assurance to the Contracting Officer that all subcontractors and others performing work on or for the project have obtained all required licenses and permits.

H.7.4 EVIDENCE OF COMPLIANCE

The Contractor shall submit proper documentation and evidence of compliance with this clause to the Contracting Officer.

H.8 RESPONSIBILITY OF CONTRACTOR

H.8.1 DAMAGE TO PERSONS OR PROPERTY

The Contractor shall be responsible for all damages to persons or property that occurs as a result of the Contractor's fault or negligence. The Contractor shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others.

H.8.2 RESPONSIBILITY FOR WORK PERFORMED

The Contractor shall be responsible for all materials delivered and work performed until final completion and acceptance of the entire work, except for any completed unit of work that may have been accepted in writing under the contract.

H.9 CONSTRUCTION OPERATIONS

H.9.1 OPERATIONS AND STORAGE AREAS

(a) Confinement to Authorized Areas. The Contractor shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the Contracting Officer.

(b) Vehicular Access. The Contractor shall use only established site entrances and roadways.

H.9.2 USE OF PREMISES

(a) Occupied Premises. If the premises are occupied, the Contractor, its subcontractors, and their employees shall comply with the regulations promulgated by the

Government governing access to, operation of, and conduct while in or on the premises.

The Contractor shall perform the work required under this contract without unreasonably interrupting or interfering with the conduct of Government business.

(b) Requests from Occupants. The Contractor shall refer to the Contracting Officer any request received by the Contractor from occupants of existing buildings to change the sequence of work.

(c) Access Limited. The Contractor, its subcontractors and their employees shall not have access to or be admitted into any building or portion of the site outside the areas designated in this contract except with the permission of the Contracting Officer.

H.10 TEMPORARY FACILITIES AND SERVICES

The Contractor may erect temporary buildings (such as storage sheds, shops, offices) and utilities only with the approval of the Contracting Officer. The temporary buildings and utilities shall be built with labor and materials furnished by the Contractor at no additional cost to the

Government. The temporary buildings and utilities shall remain the property of the Contractor.

The Contractor shall remove the temporary buildings at its expense on completion of the work.

With the written consent of the Contracting Officer, the buildings and utilities may be abandoned and need not be removed.

H.11 SAFETY

H.12 SUBCONTRACTORS AND SUPPLIERS

H.12.1 CLAIMS AND ENCUMBRANCES

The Contractor shall satisfy all lawful claims of any persons or entities employed by the

Contractor, including:

(a) Subcontractors,

(b) Material men and laborers, for all labor performed and materials furnished under this contract, including the applicable warranty or correction period.

The Contractor shall not at any time permit any lien, attachment, or other encumbrance to be entered against or to remain on the building(s) or the premises as a result of nonperformance of any part of this contract.

H.12.2 APPROVAL OF SUBCONTRACTORS

(a) Review and Approval. The Government reserves the right to review proposed subcontractors for a period of five (5) days before providing notice of approval or rejection.

(b) Rejection of Subcontractors. The Government reserves the right to reject any or all subcontractors proposed if their participation in the project may cause damage to the national security interests of the United States. The Contractor agrees to promptly replace any subcontractor rejected by the Government under this clause.

H.13 CONSTRUCTION PERSONNEL

H.13.1 REMOVAL OF PERSONNEL

The Contractor shall:

(a) Maintain discipline at the site and at all times;

(b) Take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by or amongst those employed at the site; and

(c) Take all reasonable precautions for the preservation of peace and protection of persons and property in the neighborhood of the project against unlawful, riotous, or disorderly conduct.

The Contracting Officer may require, in writing, that the Contractor remove from the work any employee that the Contracting Officer determines:

(a) Incompetent,

(b) Careless,

(c) Insubordinate or

(d) Otherwise objectionable, or

(e) Whose continued employment on the project is deemed by the Contracting

Officer to be contrary to the Government's interests.

H.13.2 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES

If the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the Contracting Officer and provide all relevant information.

H.13.3 CONSTRUCTION PERSONNEL SECURITY

After award of the contract, the Contractor has ten (10) calendar days to submit to the

Contracting Officer a list of workers and supervisors assigned to this project for the Government to conduct security checks. It is anticipated that security checks will take 10 days to perform.

For each individual the list shall include:

(a) Full Name

(b) Place and Date of Birth

(c) Current Address

(d) Identification Number

Failure to provide any of the above information may be considered grounds for rejection and/or resubmittal of the application. Once the Government has completed the security screening and approved the applicants a badge will be provided to the individual for access to the site. The Government may revoke this badge at any time due to the falsification of data, or misconduct on site.

H.14 MATERIALS AND EQUIPMENT

H.14.1 SELECTION AND APPROVAL OF MATERIALS

(a) Standard of Quality. All materials and equipment incorporated into the work shall be new and for the purpose intended, unless otherwise specified. All workmanship shall be of good quality and performed in a skillful manner as determined by the Contracting Officer.

(b) Selection by Contractor. Where the contract permits the Contractor to select products, materials or equipment to be incorporated into the work, or where specific approval is otherwise required by the contract, the Contractor shall give the Contracting Officer, for approval:

(1) Names of the manufacturer;

(2) Model number;

(3) Source of procurement of each such product, material or equipment; and

(4) Other pertinent information concerning the:

(i) Nature,

(ii) Appearance,

(iii) Dimensions,

(iv) Performance,

(v) Capacity, and

(vi) Rating unless otherwise required by the Contracting Officer.

The Contractor shall provide this information in a timely manner to permit the Government to evaluate the information against the requirements of the contract. The Contractor shall provide a submittal register ten (10) days after contract award showing when shop drawings, samples, or submittals shall be made. The Contractor shall submit samples for approval at the Contractor's expense, with all shipping charges prepaid, when directed to do so by the Contracting Officer or

COR. Installation or use of any products, materials or equipment without the required approval shall be at the risk of rejection.

H.14.2 CUSTODY OF MATERIALS

The Contractor shall be responsible for the custody of all materials received for incorporation into the project, including Government furnished materials, upon delivery to the

Contractor or to any person for whom it is responsible, including subcontractors. The Contractor shall deliver all items to the site as soon as practicable. The Contractor shall clearly mark in a manner directed by the Contracting Officer all items of which the Contractor has custody but that have not been delivered or secured at the site. The Contractor shall clearly indicate the use of such items for this U.S. Government project.

H.14.3 BASIS OF CONTRACT PRICE

The contract price is based on the use of the materials, products and equipment specified in the contract, except for substitutions or "Or-Equal" items proposed by the Contractor that have been specifically approved by the Contracting Officer. Any substitution approved by the

Government after award of the contract shall be subject to an appropriate adjustment of the contract price.

H.14.4 SUBSTITUTIONS

(a) Prior Approval Required. Before substitutions -

(1) Proposed by the Contractor but not yet approved at the contract award, or

(2) Proposed by the Contractor after execution of the contract may be used in the project, the Contractor must obtain approval in writing from the Contracting

Officer. Any substitution request shall be timely and accompanied by sufficient information to permit the Government to evaluate its acceptability. The date shall provide reasons for the proposed substitution and data concerning the design, appearance, performance, composition, and relative cost of the proposed substitute. If the Contracting Officer determines the substitute items is not in the best interests of the Government, the Contractor shall obtain the items originally specified with no adjustment in the contract price or completion date.

(b) Approval Through Shop Drawings. The Contractor may propose substitutions of materials in the submittal of shop drawings, provided such substitution is specifically requested in writing in the transmittal of the shop drawings to the Contracting Officer. Such substitution requests must be made in a timely manner and supported by the required information.

(c) Final Approval on Delivery. Acceptance or approval of proposed substitutions under the contract is conditioned upon approval of items delivered at the site or approval by sample. Approval by sample shall not limit the Government's right to reject material after delivery to the site if the material does not conform to the approved sample in all material respects.

H.14.5 "OR-EQUAL” CLAUSE

References in Sections C or J to materials, products or equipment by trade name, make, or catalog number, or to specific processes, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may propose for approval or rejection by the Contracting Officer the substitution of any material, product, equipment or process that the Contractor believes to be equal to or better than that named in Sections C or J.

H.14.6 USE AND TESTING OF SAMPLES

(a) Use. The Contractor shall send approved samples not destroyed in testing to the

Contracting Officer. Those in good condition will be marked for identification and may be used in the work. Materials and equipment incorporated in the work shall match the approved samples within any specified tolerances. The Government will return upon request other samples not destroyed in testing or not approved.

(b) Failure of Samples. Failure of any material to pass the specified tests will be sufficient cause for refusal to consider any further samples of the same brand or make.

(c) Taking and Testing of Samples. The Contracting Officer may take samples of various materials or equipment delivered on the site or in place for additional testing by the

Government outside of those required by the contract. Samples failing to meet contract requirements will automatically void previous approvals of the items tested. The Contractor shall replace such materials or equipment found not to have met contract requirements, unless the Contracting Officer accepts the nonconforming materials or equipment and adjusts the contract price.

(d) Cost of Additional Testing by the Government. When additional tests are made, only one test of each sample proposed for use will be made at the expense of the Government.

Samples which do not meet contract requirements will be rejected. Further testing of additional samples, if required, will be made at the expense of the Contractor.

H.15 SPECIAL WARRANTIES

H.15.1 SPECIAL WARRANTY OBLIGATIONS

Any special warranties that may be required under the contract shall be subject to the terms of FAR 52.246-21, "Warranty of Construction," unless they conflict with the terms of such special warranties.

H.15.2 WARRANTY INFORMATION

The Contractor shall obtain and furnish to the Government all information that is required to make any subcontractor's, manufacturer's, or supplier's guarantee or warranty legally binding and effective. The Contractor shall submit both the information and the guarantee or warranty to the Government in sufficient time to permit the Government to meet any time limit specified in the guarantee or warranty, but not later than completion and acceptance of all work under this

H.16 EQUITABLE ADJUSTMENTS

H.16.1 BASIS FOR EQUITABLE ADJUSTMENTS

If an act occurs, that causes a change within the meaning of paragraph (a) of the

"Changes" clause, the Contractor shall give the Contracting Officer prompt written notice (within

20 days) stating:

(a) The date, circumstances, and applicable contract clause authorizing an equitable adjustment, and

(b) That the Contractor regards the event as a changed condition for which an equitable adjustment is allowed under the contract.

H.16.2 DIFFERING SITE CONDITION NOTICE

The Contractor shall provide written notice of a differing site condition within (10) days of occurrence following the procedures in FAR 52.236-4, Differing Site Conditions.

H.16.3 DOCUMENTATION OF PROPOSALS FOR EQUITABLE ADJUSTMENTS

(a) Itemization of Proposals and Requests. The Contractor shall submit any request for equitable adjustment in the contract price, including any change proposal submitted in accordance with the "Changes" clause, in the form of a lump sum proposal supported with:

(1) An itemized breakdown of all increases and decreases in the contract price in the detail required by the Contracting Officer, and

(2) All costs and delays related to or arising out of the change or event giving rise to the proposed adjustment, including any delay damages and additional overhead costs.

(b) Proposed Time Adjustments. The Contractor shall submit with any request for an equitable adjustment or change proposal a proposed time extension (if applicable). The

Contractor shall include sufficient information to demonstrate whether and to what extent the change will delay the contract in its entirety.

(c) Release by Contractor. The price and time adjustment made in any contract modification issued as a result of a change proposal or request for an equitable adjustment shall account for all items affected by the change or other circumstances giving rise to an equitable adjustment. When the contract modification is signed, the Government shall be released from any and all liability under this contract for further equitable adjustments attributable to the facts and circumstances giving rise to the change proposal or request for equitable adjustment.

H.17 NONCOMPLIANCE WITH CONTRACT REQUIREMENTS

The Contracting Officer shall have the right to order the Contractor to suspend any or all work under the contract until the Contractor has complied or begun complying with the noncompliance notice in a reasonable period of time. The Contractor will not be entitled to any extension of contract time or payment for any costs incurred as a result of being ordered to suspend work for such a cause. See FAR 52.252-14, Suspension of Work.

H.18 ZONING APPROVALS AND BUILDING PERMITS

The Government shall be responsible for:

(a) Obtaining proper zoning or other land use control approval for the project,

(b) Obtaining the approval of the Contracting Drawings and Specifications,

(c) Paying fees due for the foregoing, and

(d) Obtaining and paying for the initial building permits.

SECTION I

CONTRACT CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

effect as if they were given in full text. Upon request, the Contracting Officer will make their full https://www.ecfr.gov/cgi-bin/text-idx?SID=2e978208d0d2aa44fb9502725ecac4e5&mc=true&tpl=/ecfrbrowse/Title48/48chapter6.t pl to see the links to the FAR. You may also use an internet “search engine” (for example

Google, Yahoo, Excite) to obtain the latest location of the most current FAR.

CLAUSE TITLE AND DATE

52.202-1 DEFINITIONS (JUN 2020)

52.203-3 GRATUITIES (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

GOVERNMENT (JUN 2020)

52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR

ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

52.203-10 PRICE OF FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY

(MAY 2014)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (JUN 2020)

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS (JUN 2020)

https://www.ecfr.gov/cgi-bin/text-idx?SID=2e978208d0d2aa44fb9502725ecac4e5&mc=true&tpl=/ecfrbrowse/Title48/48chapter6.tpl https://www.ecfr.gov/cgi-bin/text-idx?SID=2e978208d0d2aa44fb9502725ecac4e5&mc=true&tpl=/ecfrbrowse/Title48/48chapter6.tpl https://www.ecfr.gov/cgi-bin/text-idx?SID=2e978208d0d2aa44fb9502725ecac4e5&mc=true&tpl=/ecfrbrowse/Title48/48chapter6.tpl

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTEBLOWER

RIGHTS (NOV 2023)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS (JAN 2017)

52.204-4 PRINTED OR COPIED…