Solicitation 19SZ2325Q0007 CMR Kitchen - 26 March Version.pdf

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TABLE OF CONTENTS

SF-1442 COVER SHEET

A. PRICING

B. STATEMENT OF WORK

C. PACKAGING AND MARKING

D. INSPECTION AND ACCEPTANCE

E. DELIVERIES AND PERFORMANCE

F. CONTRACT ADMINISTRATION DATA

G. SPECIAL TERMS AND CONDITIONS

H. CLAUSES

I. LIST OF ATTACHMENTS:

ATTACHMENT #1 – SWISS BUSINESS LICENSE AND INSURANCE

ATTACHMENT #2 - BREAKDOWN OF PRICE BY DIVISIONS OF SPECIFICATIONS

ATTACHMENT #3 – DRAWINGS

ATTACHMENT #4 – SPECIFICATIONS

J. INSTRUCTIONS ON HOW TO SUBMIT A QUOTATION

K. EVALUATION CRITERIA

L. REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS

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SECTION A - PRICING

A. PRICE Breakdown

Line 1 Cooking System Removal and Installation ________________________

Line 2 Cooking System Equipment ________________________

Line 3 Refrigeration System Removal and Installation ________________________

Line 4 Refrigeration System Equipment ________________________

Line 5 Food Service System Removal and Installation _________________________

Line 6 Food Service System Equipment _________________________

Line 7 After installation certification and training _________________________

GRAND TOTAL (Swiss Francs = CHF) _________________________

A.1 VALUE ADDED TAX

VALUE ADDED TAX (VAT). The Government will not reimburse the Contractor for VAT under this contract. The Contractor shall not include a line for VAT on Invoices as the U.S.

Embassy has a tax exemption certificate with the host government. US Government will provide a Swiss MWST exemption form. Company must be properly registered with the Swiss Tax Authorities to receive the Exemption.

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SECTION B - STATEMENT OF WORK

The character and scope of the work are set forth in the contract. The Contractor shall furnish and install all materials required by this contract.

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.

Statement of Work for Kitchen Upgrade Bern FWP#281

1. Project Overview This project involves upgrading the kitchen cooking, refrigeration, and food preparation systems in the Bern Chief of Mission Residence (CMR). The project requires the contractor to fabricate the majority of the systems off-site. All new equipment shall improve durability, sanitation, and overall functionality within the kitchen space; meet or exceed Swiss codes; and must have certified factory service technicians located within 150 km of the CMR.

2. Scope of Work The contractor shall perform the following tasks. Note: Each system can be done separately or together; however, the kitchen shall only be offline for no more than 8 consecutive calendar days.

• Removal of existing kitchen cooking, refrigeration, and food preparation systems:

o Disconnect and safely remove all the existing cooking systems.

o Properly dispose of or recycle the removed materials in compliance with local regulations.

• Installation of systems:

o Supply and deliver the systems (see deliverables for details) to the project site.

o Connect and safely install all the new systems, in accordance with manufacturer’s instructions, all applicable Swiss codes, and best practices (the stricter rule is to be used).

o Install stainless steel base/footing, ensuring all components are stable, preventing any hazards.

o Properly test and validate all of the components of each system in accordance with manufacturer’s instructions, all applicable Swiss codes, and best practices (the stricter rule is to be used). All workmanship shall be in compliance with local regulations.

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o Ensure all components are securely fastened to the floor, wall, or system and are level and plumb.

o Include necessary hardware (hinges, handles, mounting brackets, etc.) for proper installation.

o Ensure all seams, edges, and joints are welded and polished to a smooth, clean finish.

o Install any additional features, such as pull-out shelves, drawer units, or customized units, as required.

• Finishing and Clean-Up of the systems:

o Clean all stainless steel, glass, and other surfaces after installation to remove any debris, marks, or residue.

o Perform a final inspection to ensure all components are properly installed and meet required standards.

o Dispose of construction debris and packaging material in an eco-friendly manner.

o Ensure the kitchen is ready for immediate use upon completion of each system.

3. Deliverables

General Specifications:

1. Electrical:

o Each built-in appliance shall be separately fused.

o The device fuses shall be installed in the stove, behind a panel.

o The connection shall be made to a built-in main switch in the stove.

o The system shall meet or exceed all required Swiss electrical, electronic, and appliance codes, regulations, and warranty requirements.

o Synchronization of all knobs with each other is required.

o Permanent temperature monitoring in real-time and automatic empty boil protection are required.

o Automatic increase in power during the boiling phase is required.

o Electronic elements: Components shall be designed to reduce waste heat and increase service life.

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o One countertop pop-up electrical outlet shall be provided.

o The vendor shall be an authorized dealer of their manufacturer for Switzerland and have a physical service technician located within 150 km of Bern.

2. Material:

o High-quality chromium-nickel steel with a minimum thickness of 9 mm shall be used.

o The surface must be flawlessly smooth to #4 level.

o Beneath the cover, heat-dissipating composite material, reinforced with additional CNS square tubes, shall be used.

o Radius polished edging shall be provided.

o Shelving, drawers, and doors shall be provided as per drawings. Provide cabinet doors and drawers with soft-close mechanisms, where applicable.

o All removable parts (filters, covers, etc.) shall be dishwasher-safe.

Cooking System

The Cooking System shall consist of an island workstation, baking workstation, and salamander.

1. Island Workstation:

o Commercial grade induction cooktop consisting of four (4) units, each size 650 mm x 650 mm, arranged in a square (1300 mm x 1300 mm). Turn knob controls (at least 10 levels) shall be located on the same side. Coil diameter: 2x 144 x 285 mm; Field of effect: 325 x 325 mm; glass dimensions: 650 x 650 mm. The cooktop shall be level with the countertop and sealed to prevent liquid from dripping.

o Commercial grade induction cooktop consisting of two (2) units, each size 375 mm x 650 mm, arranged in a square (1300 mm x 1300 mm). Turn knob controls (at least 10 levels) shall be located on the same side. Coil diameter: 2x 144 x 285 mm; Field of effect: 325 x 325 mm; glass dimensions: 375 x 650 mm. The cooktop shall be level with the countertop and sealed to prevent liquid from dripping.

o One (1) countertop pop-up electrical outlet, splash-proof (IP55), cast aluminum Feller or equivalent, Max. 11 kW, 400V, 16A, (compatible with 230V and type 15).

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o One (1) side-mounted electrical outlet, splash-proof (IP55), cast aluminum Feller or equivalent, Max. 11 kW, 400V, 16A, (compatible with 230V and type 15).

o One (1) two-drawer plate warmer, W: 800 x D: 680 x H: 510 mm. Convection heating range: 50-85ºC. Both drawers can be operated from one side, including 6 fixing pins per drawer.

o Adequate countertop space for plating, dish preparation, and other kitchen tasks shall be provided.

2. Oven Station:

o Two (2) electric Combi ovens, W: 933 x D: 821 x H: 820 mm. Capacity: 7xGN- 1/1 transverse insertion or baking dimension 400 x 600 mm. Distance: 7x1/1-20 mm or 6x1/1-65 mm capacity for 14 plates D=32 cm. For low-temperature cooking, overnight cooking, cook & hold, and banqueting. Connection for electrical and water (supply and drain). Attributes: User-friendly transverse insertion, high-quality, passivated chromium-nickel steel, energy- and water-saving integral evaporation, AHC = automatic humidity control, WSS = Water Saving System, integrated heat exchanger preheats the water, 50 mm thick cooking chamber insulation, convex triple-glass door with cooling effect, inner glass can be changed autonomously, robust, antibacterial door handle, fan, auto reverse, with 7 speeds, fan clocking, fan stop - fan stop when opening the door, active cleaning - automatic cleaning, hand shower with automatic return, 6-point core temperature sensor, including USB and LAN interface, service and diagnostic system, automatic energy optimization system, active cleaning/automatic cleaning.

o One (1) water filter system with a pressure reduction system. This system shall be compatible with and approved by the Combi-oven manufacturer (in writing) for the Combi-ovens provided. Housing shall match cabinetry and be designed for easy service.

o One (1) condensation exhaust hood. This will be done by others, relocating the existing auxiliary hood.

3. Salamander:

o One (1) Salamander, outer dimensions W: 600 x D: 520 x H: 460 mm. Capacity:

full power tubular heating 3.6 kW; HiLight heating 4.6 kW. 400V, 16A. Knob controls.

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Refrigeration System

The refrigeration system shall consist of three (3) upright commercial refrigerators, one (1) under-counter cooling unit, and one (1) blast freezer.

1. Upright Commercial Refrigerators:

o Three (3) upright commercial refrigerators, 720 x 840 x 2050 mm. Capacity: 23 shelf slots, 55 mm distance for GN2/1 pans/shelf, interior lighting, outside temperature display, convection cooled, and interface with a temperature warning system.

2. Under-Counter Cooling Unit:

o One (1) under-counter cooling unit, refrigeration cabinets self-cooled. Technical specifications: electrical 230V/50Hz, cooling capacity: 2 pcs 360W, coolant:

R290, temperature range: -2°C to +8°C, control: digital control for temperature and defrost control. Consisting of: installation compartment with control; GN 1/1 element cooled with 3 drawers; drawers with full extension system; 3 intermediate bars per drawer; GN 1/1 element cooled with hinged door, interior fittings - 5xGN 1/1 insertion bracket; GN 1/1 open compartment; sliding door cabinet neutral adjustable with shelf; wall brackets as required.

3. Blast Freezer:

o One (1) blast freezer, dimensions W: 760 x D: 725 x H: 850 mm, tray capacity:

5xGN 1/1; blast chilling performance: +3°C / +37.4°F - 15 kg; blast freezing performance: -18°C / -64.4°F - 10 kg; refrigerant gas: R290; power supply:

220V/50Hz.

Food Preparation System

The Food Preparation System shall consist of two (2) wash stations, adequate storage to include pans, pots, utensils, containers, condiments, etc., adequate countertop space for plating and staging, and support all cooking and refrigeration components incorporated into this system. See plans for layout and details. It must meet or exceed all required health standards.

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4. Timeline

The project shall be completed within 120 days, starting from the agreed-upon start date. Key milestones are as follows:

• Start Date: TBD

• Systems Removal: Cooking ______; Refrigeration ______; Food Service ______

• Installation of Systems: Cooking ______; Refrigeration ______; Food Service ______

• Final Inspection & Project Completion: Cooking ______; Refrigeration ______; Food Service ______

5. Budget & Payment Terms

The total cost for the project is _________, which includes labor, materials, and disposal fees.

Payment terms are as follows:

• Delivery of Materials: Cooking ______; Refrigeration ______; Food Service ______

• Installation: Cooking ______; Refrigeration ______; Food Service ______

• Final Payment: 5% retained upon successful completion of the project and final inspection.

6. Quality Assurance

The contractor will ensure that all materials are of high quality and that installation adheres to industry standards. All components shall be resistant to corrosion, easy to clean, and designed to withstand the demands of a commercial kitchen environment.

7. Warranties

The contractor shall provide a warranty for the equipment, material, and construction with a warranty period of two (2) years minimum, or the manufacturer’s standard, whichever is longer.

The contractor shall provide an additional warranty period of ten (10) years on distortion. The warranty shall cover defects in materials and workmanship.

8. Assumptions and Exclusions

• The kitchen’s existing electrical, plumbing, and HVAC systems are in good working condition. The contractor will notify the US Government of any modifications required for the installation of the new systems, 30 days prior to installation.

• Any additional work beyond the replacement of systems (e.g., plumbing, electrical modifications) is not included in this SOW and will require a separate agreement.

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9. Contact Information

For any inquiries or clarifications, please contact:

• Primary Contact: James Johnson, Facility Manager

• Email: BernGSOContracting@state.gov

10. Administrative Requirements

Project Management and Coordination:

• Contractor shall provide submittals of all equipment before purchasing.

• Contractor shall provide Shop drawings before fabrication.

• Contractor will schedule with USG contact 3 weeks in advance before demo and installation; contractor will provide all information 3 days prior for access control.

• During demo and installation, the contractor will review each day’s work at the beginning and end of the day.

Health and Safety:

• Contractor will follow all Swiss and US safety requirements. USG shall stop the work if requirements are not followed; the contractor cannot resume until corrected. No financial consideration is allowed.

• Include a requirement for the contractor to provide a health and safety plan before starting work.

Permits and Approvals:

• No local permit or approval required for the project.

Change Management:

• All changes will be discussed and approved by the contract officer before occurring. An email that includes the changes will be sent. If it is a monetary change, then an amendment to the PR will be sent.

mailto:BernGSOContracting@state.gov

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Acceptance Criteria:

• As per each components Manufacturer’s standards, Swiss codes, and food safety codes..

Training and Documentation:

• Contractor shall include training for the kitchen staff on the use and maintenance of the new systems. A total of 3 sessions, ½ day each, once a month for 3 months.

• Contractor shall provide detailed documentation, including user manuals, maintenance guides, and warranty information for all installed systems. Both electronic and printed format.

• Contractor shall provide a final drawing upon completion of the kitchen to include Electrical and plumbing connections.

Environmental Considerations:

• Swiss laws cover this.

Final Handover:

• The contractor will provide all relevant documentation, warranties, and any remaining materials or equipment to the US Government. Every component will be tested and validated to work as per Manufacturer’s standard before final is made.

This addition ensures that all administrative aspects are clearly defined and included in the Statement of Work.

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SECTION C - PACKAGING AND MARKING

Mark materials delivered to the site as follows: Not Applicable

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SECTION D - INSPECTION AND ACCEPTANCE

The COR, or his/her authorized representatives, will inspect from time to time the services being performed and the supplies furnished to determine whether 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, within the scope of this contract, which may be required by the Contracting Officer as a result of such inspection.

D.1 SUBSTANTIAL COMPLETION

(a) "Substantial Completion" means the stage in the progress of the work as determined and certified by the Contracting Officer in writing to the Contractor, on which the work (or a portion designated by the Government) is sufficiently complete and satisfactory. Substantial completion means that the property may be occupied or used for the purpose for which it is intended, and only minor items such as touch-up, adjustments, and minor replacements or installations remain to be completed or corrected which:

(1) do not interfere with the intended occupancy or utilization of the work, and

(2) can be completed or corrected within the time period required for final completion.

(b) The "date of substantial completion" means the date determined by the Contracting Officer or authorized Government representative as of which substantial completion of the work has been achieved.

Use and Possession upon Substantial Completion - The Government shall have the right to take possession of and use the work upon substantial completion. Upon notice by the Contractor that the work is substantially complete (a Request for Substantial Completion) and an inspection by the Contracting Officer or an authorized Government representative (including any required tests), the Contracting Officer shall furnish the Contractor a Certificate of Substantial Completion. The certificate will be accompanied by a Schedule of Defects listing items of work remaining to be performed, completed, or corrected before final completion and acceptance.

Failure of the Contracting Officer to list any item of work shall not relieve the Contractor of responsibility for complying with the terms of the contract. The Government's possession or use upon substantial completion shall not be deemed an acceptance of any work under the contract.

D.2 FINAL COMPLETION AND ACCEPTANCE

D.2.1 "Final completion and acceptance" means the stage in the progress of the work as determined by the Contracting Officer and confirmed in writing to the Contractor, at which all work required under the contract has been completed in a satisfactory manner, subject to the discovery of defects after final completion, and except for items specifically excluded in the notice of final acceptance.

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D.2.2 The "date of final completion and acceptance" means the date determined by the Contracting Officer when final completion of the work has been achieved, as indicated by written notice to the Contractor.

D.2.3 FINAL INSPECTION AND TESTS. The Contractor shall give the Contracting Officer at least five (5) days advance written notice of the date when the work will be fully completed and ready for final inspection and tests. Final inspection and tests will be started not later than the date specified in the notice unless the Contracting Officer determines that the work is not ready for final inspection and so informs the Contractor.

D.2.4 FINAL ACCEPTANCE. If the Contracting Officer is satisfied that the work under the contract is complete (with the exception of continuing obligations), the Contracting Officer shall issue to the Contractor a notice of final acceptance and make final payment upon:

• Satisfactory completion of all required tests,

• A final inspection that all items by the Contracting Officer 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

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

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SECTION E - DELIVERIES AND PERFORMANCE

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

The Contractor shall be required to:

(a) commence work under this contract within _14 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 120 days.

The time stated for completion shall include final cleanup of the premises.

52.211-12 LIQUIDATED DAMAGES - CONSTRUCTION (SEPT 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 250 CHF 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 Default clause.

CONTRACTOR'S SUBMISSION OF CONSTRUCTION SCHEDULES

(a) The time for submission of the schedules referenced in FAR 52.236-15, "Schedules for Construction Contracts", paragraph (a), is hereby modified to reflect the due date for submission as 15 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 used by the Government. The Contractor shall submit a schedule, which sequences work so as to minimize disruption at the job site.

(d) All deliverables shall be in the English language and any system of dimensions (English or metric) shown shall be consistent with that used in the contract. No extension of time shall be allowed due to delay by the Government in approving such deliverables if the Contractor has failed to act promptly and responsively in submitting its deliverables. The

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Contractor shall identify each deliverable as required by the contract.

(e) Acceptance of Schedule: When the Government has accepted any time schedule;

it shall be binding upon the Contractor. 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 thereof 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 the Contractor of its obligation to maintain the progress of the work and achieve final completion by the established completion date.

NOTICE OF DELAY

If the Contractor receives a notice of any change in the work, or if any other conditions arise which are likely to cause or are actually causing delays which the Contractor believes may result in late completion of the project, the Contractor shall notify the Contracting Officer. The Contractor’s notice shall state the effect, if any, of such change or other conditions upon the approved schedule, and shall state in what respects, if any, the relevant schedule, or the completion date should be revised. The Contractor shall give such notice promptly, not more than ten (10) days after the first event giving rise to the delay or prospective delay. Only the Contracting Officer may revise the approved time schedule.

NOTICE TO PROCEED

(a) After receiving and accepting any bonds or evidence of insurance, the Contracting Officer will provide the Contractor a Notice to Proceed. The Contractor must then prosecute the work, 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. 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.

WORKING HOURS

All work shall be performed during business hours 08:00 – 17:00, Monday - Friday. Other hours, if requested by the Contractor, may be approved by the Contracting Officer's Representative (COR). The Contractor shall give 24 hours in advance to COR who will consider

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any deviation from the hours identified above. Changes in work hours, initiated by the Contractor, will not be a cause for a price increase.

PRECONSTRUCTION CONFERENCE

A preconstruction conference will be held 10 days after contract award at Amerikanische Botschaft, Sulgeneckstrasse 19, 3007 Bern to discuss the schedule, submittals, notice to proceed, mobilization and other important issues that effect construction progress. See FAR 52.236-26, Preconstruction Conference.

DELIVERABLES - The following items shall be delivered under this contract:

Description Quantity Deliver Date Deliver To

Section G. Securities/Insurance 1 10 days after award CO Section E. Construction Schedule 1 10 days after award COR Section E. Preconstruction Conference 1 10 days after award COR Section G. Personnel Biographies 1 10 days after award COR

Section F. Payment Request 1 Last calendar day of each month COR

Section D. Request for Substantial Completion 1 15 days before inspection COR

Section D. Request for Final Acceptance 1 5 days before inspection COR

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SECTION F – CONTRACT ADMINISTRATION DATA

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 Facility Manager Post Bern, Switzerland.

Payment: The Contractor's attention is directed to Section H, 52.232-5, "Payments Under Fixed-Price Construction Contracts". The following elaborates on the information contained in that clause.

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 on the basis of an inspection of the work, the Contracting Officer shall make a determination 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.

Under the authority of 52.232-27(a), the 14-day period identified in FAR 52.232-27(a)(1)(i)(A) is hereby changed to 30 days.

Amerikanische Botschaft

FMO/DBO

Sulgeneckstrasse 19 3007 Bern

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SECTION G - SPECIAL TERMS AND CONDITIONS

G.1.0 PERFORMANCE/PAYMENT PROTECTION - The Contractor shall furnish some form of payment protection as described in 52.228-13 in the amount of 50% of the contract price.

Contractor shall provide business liability insurance.

G.1.1 The Contractor shall provide the information required by the paragraph above within ten

(10) calendar days after award. Failure to timely submit the required security may result in rescinding or termination of the contract by the Government. If the contract is terminated, the Contractor will be liable for those costs as described in FAR 52.249-10, Default (Fixed-Price Construction), which is included in this purchase order.

G.1.2 The bonds or alternate performance security shall guarantee the Contractor's execution and completion of the work within the contract time. This security shall also guarantee the correction of any defects after completion, the payment of all wages and other amounts payable by the Contractor under its subcontracts or for labor and materials, and the satisfaction or removal of any liens or encumbrances placed on the work.

G.1.3 The required securities shall remain in effect in the full amount required until final acceptance of the project by the Government. Upon final acceptance, the penal sum of the performance security shall be reduced to 10% of the contract price. The 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.

G.2.0 INSURANCE - The Contractor is required by FAR 52.228-5, "Insurance - Work on a Government Installation" to provide whatever insurance is legally necessary. The Contractor shall at its own expense provide and maintain during the entire performance period the following insurance amounts:

G.2.1 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 U.S. DOLLARS

Per Occurrence $ 3,000,000.00

Cumulative $ 3,000,000.00

(2) PROPERTY DAMAGE, ON OR OFF THE SITE, IN U.S. DOLLARS

Per Occurrence $ 3,000,000.00

Cumulative $ 3,000,000.00

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G.2.2 The foregoing 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.

G.2.3 The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to any property of the Contractor, its officers, agents, servants, and employees, or 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 therefrom, except in the instance of gross negligence on the part of the Government.

G.2.4 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.

G.2.5 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.

G.3.0 DOCUMENT DESCRIPTIONS

G.3.1 SUPPLEMENTAL DOCUMENTS: The Contracting Officer shall furnish from time to time such detailed drawings and other information as is considered necessary, in the opinion of the Contracting Officer, to interpret, clarify, supplement, or correct inconsistencies, errors or omissions in the Contract documents, or to 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, and unless prompt objection is made by the Contractor within 20 days, their issuance shall not provide for any claim for an increase in the Contract price or an extension of contract time.

G.3.1.1. RECORD DOCUMENTS. The Contractor shall maintain at the project site:

(1) a current marked set of Contract drawings and specifications indicating all interpretations and clarification, contract modifications, change orders, or any other departure from the contract requirements approved by the Contracting Officer; and,

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

G.3.1.2 . "As-Built" Documents: After final completion of the work, but before final acceptance thereof, the Contractor shall provide:

(1) a complete set of "as-built" drawings, based upon the record set of drawings, marked to show the details of construction as actually accomplished; and, RFQ 19SZ2325Q0007 21

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

G.4.0 LAWS AND REGULATIONS - The Contractor shall, without additional expense to the Government, be responsible for complying with all laws, codes, ordinances, and regulations applicable to the performance of the work, including those of the host country, 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 otherwise directed by the Contracting Officer, the Contractor shall comply with the more stringent of the requirements of such laws, regulations, and orders and of the contract. In the event of a conflict between the contract and such laws, regulations and orders, the Contractor shall promptly advise the Contracting Officer of the conflict and of the Contractor's proposed course of action for resolution by the Contracting Officer.

G.4.1 The Contractor shall comply with all local labor laws, regulations, customs, and practices pertaining to labor, safety, and similar matters, to the extent that such compliance is not inconsistent with the requirements of this contract.

G.4.2 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 requisite licenses and permits.

G.4.3 The Contractor shall submit proper documentation and evidence satisfactory to the Contracting Officer of compliance with this clause.

G.5.0 CONSTRUCTION PERSONNEL - The Contractor shall maintain discipline at the site and at all times take all reasonable precautions to prevent any unlawful, riotous, or disorderly conduct by or among those employed at the site. The Contractor shall ensure the preservation of peace and protection of persons and property in the neighborhood of the project against such action. The Contracting Officer may require, in writing that the Contractor remove from the work any employee that the Contracting Officer deems incompetent, careless, insubordinate or otherwise objectionable, or whose continued employment on the project is deemed by the Contracting Officer to be contrary to the Government's interests.

G.5.1 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 give notice, including all relevant information, to the Contracting Officer.

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G.5.2 After award, the Contractor has ten calendar days to submit to the Contracting Officer a list of workers and supervisors assigned to this project for the Government to conduct all necessary security checks. It is anticipated that security checks will take 14 days to perform.

For each individual, the list shall include:

Full Name Place and Date of Birth Current Address 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. This badge may be revoked at any time due to the falsification of data, or misconduct on site.

G.5.3 The Contractor shall provide an English speaking supervisor on site at all times. This position is considered as key personnel under this purchase order.

G.6.0 Materials and Equipment - 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 that will withstand inspection by the Contracting Officer.

G.7.0 SPECIAL WARRANTIES

G.7.1 Any special warranties that may be required under the contract shall be subject to the stipulations set forth in 52.246-21, "Warranty of Construction", as long as they are not in conflict.

G.7.2 The Contractor shall obtain and furnish to the Government all information 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 contract. Swiss consumer warranty regulations if longer will be applied for all electrical/ electronic equipment provided.

G.8.0 EQUITABLE ADJUSTMENTS

Any circumstance for which the contract provides an equitable adjustment that causes a change within the meaning of paragraph (a) of the "Changes" clause shall be treated as a change under that clause; provided, that the Contractor gives the Contracting Officer prompt written notice (within 20 days) stating:

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(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

The Contractor shall provide written notice of a differing site condition within 10 calendar days of occurrence following FAR 52.236-2, Differing Site Conditions.

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G.9.0 ZONING APPROVALS AND PERMITS

The Government shall be responsible for:

- obtaining proper zoning or other land use control approval for the project

- obtaining the approval of the Contracting Drawings and Specifications

- paying fees due for the foregoing; and,

- for obtaining and paying for the initial building permits.

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SECTION H - CLAUSES

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. In addition, the full text of a clause may be accessed electronically at: Acquisition.gov this address is subject to change.

If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use the Department of State Acquisition website at e-CFR to see the links to the FAR. You may also use an Internet “search engine” (for example, Google, Yahoo or Excite) to obtain the latest location of the most current FAR.

THE FOLLOWING FEDERAL ACQUISITION REGULATION CLAUSE(S) IS/ARE

INCORPORATED BY REFERENCE (48 CFR CH. 1):

CLAUSE TITLE AND DATE

52.202-1 DEFINITIONS (JUN 2020)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

(JAN 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS (JUN 2020)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

(AUG 2020)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED

OR PROPOSED FOR DEBARMENT (NOV 2021)

52.216-7 ALLOWABLE COST AND PAYMENT (AUG 2018)

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

https://acquisition.gov/browse/index/far https://gov.ecfr.io/cgi-bin/text-idx?SID=d9a7851186785ba2b1896db79b1b6b29&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl

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52.222-19 CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES

(NOV 2023)

52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING

WHILE DRIVING (JUN 2020)

52.225-5 TRADE AGREEMENTS (NOV 2023)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021)

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION

OF CONTRACT (FEB 2000)

52.228-4 WORKERS’ COMPENSATION AND WAR-HAZARD INSURANCE

OVERSEAS (APR 1984)

52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.228-11 PLEDGES OF ASSETS (FEB 2021)

52.228-13 ALTERNATIVE PAYMENT PROTECTION (JULY 2000)

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

52.228-15 PERFORMANCE AND PAYMENT BONDS-CONSTRUCTION (JUN 2020)

52.229-6 TAXES - FOREIGN FIXED-PRICE CONTRACTS (FEB 2013)

52.229-7 TAXES- FIXED PRICE CONTRACTS WITH FOREIGN GOVERNMENTS

(FEB 2013)

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS

(MAY 2014)

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

52.232-11 EXTRAS (APR 1984)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

52.232-22 LIMITATION OF FUNDS (APR 1984)

52.232-25 PROMPT PAYMENT (JAN 2017)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

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52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD

MANAGEMENT (OCT 2018)

52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER – OTHER THAN

SYSTEM FOR AWARD MANAGEMENT (JULY 2013)

52.233-1 DISPUTES (MAY 2014) ALTERNATE I (DEC 1991)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK

(APR 1984)

52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

52.236-8 OTHER CONTRACTS (APR 1984)

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,

UTILITIES, AND IMPROVEMENTS (APR 1984)

52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

52.236-12 CLEANING UP (APR 1984)

52.236-13 ACCIDENT PREVENTION (NOV 1991)

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

52.242-14 SUSPENSION OF WORK (APR 1984)

52.243-4 CHANGES (JUN 2007)

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52.243-5 CHANGES AND CHANGED CONDITIONS (APR 1984)

52.245-2 GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES

(APR 2012)

52.245-9 USE AND CHARGES (APR 2012)

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN 2003)

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

52.246-26 REPORTING NONCONFORMING ITEMS (NOV 2021)

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-

PRICE) (APR 2012)

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

52.249-14 EXCUSABLE DELAYS (APR 1984)

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I. FAR CLAUSES INCORPORATED IN FULL TEXT

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

(a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology;

or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

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(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at https://www.acquisition.gov/far/part-4#FAR_4_2104 https://www.acquisition.gov/far/part-4#FAR_4_2104

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any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known);

brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler…