Solola Municipal Building SOW.pdf

SECTION C - STATEMENT OF WORK

Construction Services

SOLOLA MUNICIPAL BUILDING

1. Introduction

The U.S. Department of State (DoS) is the lead institution for the conduct of American diplomacy with its mission to advance U.S. national security interests, fight terrorism, protect U.S. interests abroad, and implement foreign policy initiatives that build a freer, prosperous, and secure world.

Bureau of International Narcotics and Law Enforcement Affairs (INL), under the Under Secretary for Democracy and Human Rights works to keep Americans safe at home by countering international crime, illegal drugs, and instability abroad. INL assist host countries deliver justice and fairness by strengthening their police, courts, and corrections systems. These efforts reduce the amount of crime and illegal drugs reaching U.S. shores and enhance the host nation’s capacity to deliver services to their citizens.

2. Project Description

INL, in cooperation with the Government of Guatemala, is providing technical assistance in the design and construction of a new two-story municipal building to be used by the Municipalidad

Indigena de Sololá in the city center of Sololá.

This project in Sololá consists of providing new facilities to the Indigenous Municipality of Sololá located in the corner of 6th. avenue and 10th Street Zone 1, Sololá.

The Government of Guatemala launched in 2019 an initiative to establish dialogue among the

Indigenous Authorities and the central government and to advance public service delivery and improving the conditions that form the root causes of driving irregular migration to the United

States. The US Embassy in Guatemala has supported this initiative through a whole-of-mission approach. The existing building is in absolute disrepair and outlived its life cycle.

3. Project Summary

The following information is provided as a guideline to the construction:

The new building will be a two-story masonry and concrete mix construction, with concrete slabs, concrete roof and aluminum windows and wood doors. The building will be naturally ventilated.

First floor – six commerce, one restroom each for men and women. An exhibition room for use of the cofradia, lobby and stairwell.

Second floor - seven office spaces, four restrooms and one conference room.

4. Project Scope

This Statement of Work (SOW) is being provided by the Department of State (DOS), Bureau of

International Narcotics and Law Enforcement Affairs (INL), to outline the requirements for the construction of Sololá Municipal Building to be located in Sololá, Guatemala.

The Contracting Officer (CO), in concurrence with the Contracting Officer’s Representative

(COR), shall hold final approval on all the Contractor’s personnel to be used in the implementation of this contract, establish work tasking requirements, and receive and review all reporting documentation. The Contractor shall submit their proposal based on the CLIN’s noted below.

CLIN0001 – Construction Services

It is INL’s intention that the Contractor will work with local suppliers to construct the

Sololá Municipal Building that will meet the outlined requirements for INL and

Municipalidad Indígena de Sololá.

The Contractor will be licensed and certified to perform construction services in the country of Guatemala.

INL prefers that the Contractor and/or subcontractor is locally based in at the time of construction. The Contractor will be required to supply qualified in-house engineering and/or skilled labor personnel, project management oversight, quality assurance/quality control oversight, and site safety monitoring.

Upon the COR’s approval of required submittals, the Contractor shall construct the Sololá

Municipal on the selected site in full compliance with the approved design. Any variances from the approved package must be submitted in writing to the CO and COR and receive written approval prior to continuing the construction.

CLIN0002 – DBA Insurance

Defense Base Act (DBA) Insurance – DBA insurance is required for all United States citizens or residents and individuals hired in the United States, regardless of citizenship for any construction and services for U. S. overseas contracts over US$3,500.00. DBA insurance is also required for all Host Country Nationals (HCNs) and Third Country

Nationals (TCNs) working overseas unless waved by the Department of Labor (DOL).

Only the countries listed currently on the DOL’s Active DBA Waivers are not required to have DBA insurance for Host Country Nationals (HCNs) and Third Country Nationals

(TCNs). See website for country waivers:

https://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm). The waiver is only valid if alternative worker’s compensation benefits are provided to the waived employees pursuant to applicable local law. If there are no local worker’s compensation laws, the waiver has no effect and HCN and TCN (if applicable by local law) working under a U. S. contract shall be included and covered under the DBA.

The DBA insurance may be obtained from any authorized DBA insurance broker, see Sub-

Section I.14, FAR 52.228-3 WORKER’S COMPENSATION INSURANCE (DEFENSE

BASE ACT) (APR 1984). New DBA insurances policies can be purchased directly from any DOL approved insurance carrier. A list of DOL approved carriers may be found at http://www.dol.gov/owcp/dlhwc/lscarrier.htm.

The Contractor will be reimbursed for DBA only to the extent the contractor provides documentary proof that DBA has been paid and only to the extent quoted in the Pricing

Schedule.

DBA insurance cost will be evaluated as part of the total evaluated fixed price and included in the fixed price of the contract. Where DBA is applicable, the Contractor will be required to provide evidence of insurance (certification of coverage and a paid invoice) within 15 calendar days from the date of award.

Guatemala is not currently included on the DOL’s active waiver list, therefore DBA insurance is required for all employees working on the contract.

6. Construction Contractor’s Role and Responsibilities

The construction contractor’s (hereafter referred to as the Contractor) role will consist of providing services for the construction of the Sololá Municipal Building resulting in the delivery of a full functioning system, and may include, but not be limited to, verification of the design practicality, product submittals, all fabrications, shop drawings, equipment, transportation, tools, materials, labor, Bill of Quantity (BoQ), manpower estimates, schedules, cost estimates, Quality Assurance

Surveillance Plan (QASP), reports, invoices, operations & maintenance manuals, spare parts, attic stock, and As-Built drawings.

The Contractor shall provide all required Project Managers, Lead Engineers, Superintendents, Foremen, Quality Inspectors, and Safety Specialists as required. The Contractor shall submit for

COR approval a CV (Curriculum Vitae) for each required discipline. The packages shall contain the following minimum information:

a. Most recent professional experience

b. Education, including all relevant degrees awarded and institutions attended with dates.

c. Copies of all current certifications and licenses

d. Relevant work experience for the past five years

e. Copy of engineering/construction report written by the candidate.

f. The Contractor shall identify a Project Manager/Lead Engineer as a POC (Point of

Contact) to coordinate with the COR for the submission of candidates. The Project

Manager will reside in Guatemala during the entire construction process and be present at the site while construction works are in progress. If the individual identified meets the minimum qualifications outlined in the solicitation for both the

Project Manager and Lead Engineer positions and is identified as such in the bid response, then the COR will consider approving one individual for both positions.

g. The Contractor shall submit candidates within required engineering disciplines and with the minimum qualifications outlined below:

i. BS in Engineering – Architectural, Civil and Structural. BS degrees in one or more of the categories will be considered on an individual basis.

ii. Five years of verifiable experience working in their assigned discipline area.

iii. Intermediate to advanced skills with design/scheduling software platforms

(Microsoft Project and AutoCAD).

iv. Verifiable ability to produce clear and concise inspection reports.

v. Interagency Language Roundtable (ILR) Level 3 – Professional working proficiency of English language.

h. The Contractor shall provide pricing for fabrication, transportation, and construction.

i. The pricing schedule shall be inclusive of all direct and indirect costs to place the required staff on the project. The Contractor assumes all expenses for its engineering staffs, including but not limited to: travel to project sites (air, automobile, etc.) accommodations, per diem, security (if required by the

Contractor), communications (telephone, computer, etc.).

j. The US Government will not assume any costs over and above the pricing schedule submitted on the Contractor’s proposal.

k. The Contractor shall provide the following documents with the proposals for review by the COR:

a. Quality Assurance Surveillance Plan (QASP) - The QASP describes the internal staffing and procedures that the prospective provider will use to meet the quality, quantity, timeliness, responsiveness, customer satisfaction, and other service delivery requirements in the SOW.

b. Site Safety and Health Plan (SSHP) – describes the potential hazards of the work site, along with all company policies, controls and work practices selected to minimize those hazards. The most important factor in reducing workplace injuries is implementing the plan. Implementation requires management's commitment to provide adequate resources for training, accountability, self audits, and employee involvement.

c. Past Performance – Provide examples of past performance within the past five (5) years previous performance on work comparable to that being competed for the purpose of predicting the quality of future performance relative to other offers.

d. Management Plan - describes the processes used by the contractor to assure the USG that the terms and conditions of the contract are met. The processes addressed are those necessary to fulfill contract management responsibilities and ensure that performance is adequately monitored.

7. Contracting Officer’s Representative (COR)

The Contracting Officer may designate in writing one or more Government employees, by name or position title, to take act on behalf of 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.

The COR for this contract is Danny H. Cruz.

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, inspection, 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. In no instance is the COR 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.

9. Period of Performance (POP)

The Period of Performance for this requirement is 347 calendar days from the issuance of the

Notice to Proceed. The Bidder is required to provide a Proposed Construction Schedule that adheres to the estimated timeline. Deviations, due to weather or site conditions, from the bidder's proposed construction schedule will be reviewed and considered by the CO on a case by case basis.

10. Site Location/Delivery

Construction Services will be performed, and all deliveries will be made at Indigenous

Municipality of Sololá located in the corner of 6th. avenue and 10th Street, Zone 1, Sololá, Department of Sololá, Guatemala. (N 14.7708-W 91.1837)

The Contractor will coordinate and obtain approval for all site visits during the construction process with the COR and GC. Contractor will need to coordinate and provide first name, last name, date of birth, and nationality of all people requiring access to the construction site at least five days prior to access. During the initial visit, the COR will support the Contractor in gaining written approval to streamline future site visits.

11. Type of Contract

This will be a Firm Fixed Price contract. No additional sums will be payable due to escalation in the cost of materials, equipment, or labor. Nor will the contract price be adjusted on account of fluctuations in currency exchange rates.

Modifications to the contract pricing or duration of services shall be authorized by the CO

(Contracting Officer). The Contractor shall not deviate from the terms of the contract. Any deviation by the Contractor without written documentation and authorization from the CO will put the Contractor at risk. The contract for this work will be awarded to the offeror that is technically acceptable at the best fixed price.

12. Quality Control

The contractor will be solely responsible for the quality of the work whether done by his direct employees or subcontractors and, therefore, any damage, defect, necessary repair, or improperly completed parts of the work including subpar finish work will be his responsibility. Quality will be determined by technical specifications of the project corresponding to the Guatemalan

Government norms.

The acceptance of work by the CO will not exempt the contractor from complying with codes and norms corresponding to design and construction. The contractor must check the designs parameters given by requesting office; in the event errors or inconsistencies are found, he must indicate them in his proposal and in the technical volume and propose correction options and their costs.

Quality Control Plan (QCP)

The Contractor must submit a QCP explaining how quality and project performance will be monitored. The QCP describes the internal staffing and procedures that the prospective provider will use to meet the quality, quantity, timeliness, responsiveness, customer satisfaction, and other service delivery requirements in the PWS/SOW.

Past Performance – Provide examples of past performance within the past five (5) years of work comparable to that being competed for the purpose of predicting the quality of future performance relative to other offers.

Management Plan - Describe the processes used by the Contractor to assure the USG that the terms and conditions of the contract are met. The processes addressed are those necessary to fulfill contract management responsibilities and ensure that performance is adequately monitored.

13. Construction Standards

The Contractor shall adhere to any applicable Guatemalan construction codes and/or the

International Building Codes (IBC) (whichever is the most stringent) as applicable when performing the construction of the Sololá Municipal Building. Exceptions to using the code must be requested in writing and approved by the Contracting Officer (CO) or their designated representative. Other applicable standards shown below are not all-inclusive and are to be used for project design and construction as appropriate:

Other applicable reference standards for construction are, as appropriate:

a. American Concrete Institute (ACI)

b. Underwriters Laboratories (UL)

c. American Standards for Testing and Materials (ASTM)

d. International Building Code (IBC)

e. International Mechanical Code (IMC)

f. International Plumbing Code (IPC)

g. International Energy Conservation Code (IECC)

h. National Electrical Code (NEC)

i. International Fire Code (IFC)

j. National Fire Prevention Association (NFPA)

k. Sheet Metal and Air-Conditioning National Association (SMACNA)

l. Underwriters Laboratories (UL)

m. American Society of Mechanical Engineers (ASME)

n. ASHRAE Standard 62 – Indoor Air Quality

o. American Water Works Association (AWWA)

p. Clean Air Act, 1990, Section 608

q. American Petroleum Institute (API)

r. IESNA Lighting Handbook

s. Manufacturer’s O&M manuals

t. Applicable local & national codes and standards specific to the nation and project.

15. Reporting Requirements

The Contractor shall provide the following reports in both English and Spanish as required throughout the duration of the period of performance:

Work Plan (Contractor Schedule)

The Contractor shall prepare a work plan no later than 15 calendar days after NTP on the contract; and in the event of exercised option items, the start of the period of performance for that option item. The work plan shall include a critical path method (CPM) schedule of all activities for all tasks.

The work plan shall reflect current Government requirements, products, and effort. The work plan shall be resource loaded; identify priority tasks; critical milestones; present task dependencies; identify any constraints which could affect the completion of the products agreed upon and identify the critical path from award to full program performance to project completion and demobilization of personnel and any related support equipment.

The Contractor shall update and submit updated work plans with the monthly status report.

The work plan shall be in both Microsoft Project and Adobe (.pdf) compliant format.

Trip Reports

Trip reports shall be electronically submitted by the Contractor to the COR within seven

(7) business days following the completion of the USG-authorized trip. Such trip reports shall identify dates, locations, points of contact, attendees, any and all directions given, areas of concerns, and salient items of interest identified during the trip. The minutes from meetings shall also be included. The report shall be in Microsoft office compliant format and E-mailed to the COR.

Weekly Progress Reports

The Contractor shall submit a weekly progress report within 2 days following the beginning of each week. The weekly progress report shall summarize the progress to date and any relevant observations made, resulting schedule progress to include milestones met/not met, difficulties or irregularities encountered on the project, changes, modifications, resolution of any project issues, any measures taken to improve project conditions, recommendations, and any other issue related to this project. The weekly report shall contain a record of telephone conversations, meetings (formal or informal), and any other event that occurred that influenced the project. The weekly report shall clearly address any outstanding issues, which were not resolved or are outstanding from the previous week(s) reporting.

The weekly reports shall contain on site project photographs highlighting the major efforts underway by the Contractor. The weekly reports shall be submitted to the COR in soft copy (via email in small file size). The reporting requirements shall be submitted each and every week after issuance of the Notice to Proceed (NTP) or Modification Award, whichever is first. The report shall be in Microsoft office compliant format and E-mailed to the COR. The first weekly report is due NTP + 7 days.

Monthly Status Reports

The Contractor shall produce Monthly Status Reports (MSRs) to the COR within five (5) business days following each month. The COR will respond within five (5) working days with comments. The Contractor shall incorporate the comments within five (5) working days of receipt of COR’s comments. Final MSRs shall be sent to the Contracting Officers.

In the event of rejection, the COR will notify the Contractor in writing of the reasons for such rejection. Absence of notification will be construed as an acceptance.

Such reports shall include at a minimum, an executive summary, identify team personnel, skill levels, schedule tracking to include milestones met/not met, travel conducted, any issues and recommendations, and any updates and/or changes. The purpose of MSRs is to provide information on work completed, work in progress, and work outstanding, as well as highlighting problems encountered and anticipated. The report shall be in Microsoft office compliant format and E-mailed to the COR.

Monthly Personnel Manning Rosters

Project Scope is minor and does not require a monthly personnel manning roster.

Meeting Records

The Contractor shall submit minutes of meetings and any related notes to the COR within

5 days of the meeting. Meeting records should include time, date, and place of meeting, attendees, topics of discussion, decisions made, and outstanding decisions that require further review.

16. Maintenance Plan/Checklist

Contractor shall draft in English and Spanish a maintenance checklist including actions, frequency, and required tools/materials to effectively maintain the obstacle course following Completion.

Attached C is a sample. Final documents must be in Spanish and English.

17. Site Reconnaissance

The Contractor shall, as needed, perform all site reconnaissance necessary to determine the existing topographic and geotechnical characteristics of the proposed construction site. Contractor will need to coordinate and provide first name, last name, date of birth, and nationality of all people requiring access to the COR at least five days prior to access. During the initial visit, the COR will support Contractor in gaining written approval to streamline future site visits.

18. Field Measurements

All measurements provided in this document are estimates. The contractor is responsible for verifying all measurements by taking field measurements at the start of the contract. Any substantial discrepancies between measurements provided in this document and field measurements that could alter the contract price must be reported immediately to the CO prior to continuing with the work.

19. Safety Requirements

The Contractor is required to provide a company safety plan with the proposal. This safety plan should meet all minimum requirements of the international and local country’s work-force safety governance. The contractor will observe all current local and international workforce safety laws and regulations for the protection of employees and the general public on or in close proximity to the work site that could be affected by the execution of the job directly or indirectly.

Contractor must supply all personnel with protective work equipment not limited to boots, hardhats, gloves and more specialized safety gear such as face masks, ear plugs, safety belts, etc, the use of which will be mandatory on site. Any non-compliance with these requirements will result in a work stoppage until the fault is corrected.

20. Licensing Requirements

The Contractor will be registered and hold a business license recognized by Guatemala. Proof of licensure must be provided with the proposal.

22. Delivery of Documents

All documents shall be provided in both English and Spanish. One (1) hard copy shall be provided in English, one (1) hard copy in Spanish and electronic copies in both languages.

Shop drawings and as-built drawings shall be provided in 11”x17” pdf format for review and comment, with copies in both English and Spanish.

23. Performance Evaluation

The Contractor shall be evaluated in accordance with the Government’s Quality Assurance

Surveillance Plan (QASP) (See Attachment C - QASP).

24. Invoicing Plan

Invoice Due date: Contractor shall submit the invoices (Original & Soft Copy) no later than the

15th calendar day of the following month (for the previous calendar month’s costs).

Invoice Submission Process: The Contracting Officer will provide specific instruction to the

Contractor regarding the submission of invoices.

The Contractor shall submit invoices in the original and three copies to the designated billing address indicated in this contract. The COR will determine whether the invoice is complete and proper as submitted. The COR also will determine whether billed services have been satisfactorily performed and whether reimbursable expenses billed are correct. If the amount billed is incorrect, the COR will, within seven days, ask the Contractor to submit a revised invoice.

The Contractor shall specifically identify its last invoice as "Final Invoice." The final invoice shall include the remaining payments due under the basic contract, any and all modifications issued.

The final invoice shall also attach a "Contractor's Release Certificate". The Contractor should keep one copy of the certificate for its files and include the others with each copy of the final invoice. If the Contractor has any questions regarding payment status, contact the COR.

Prompt Submission of Invoices: The Contractor must be prompt in its submission of invoices.

The Government reserves the right to reject for payment any invoice that that contains costs or charges that are more than 90 calendar days old, without supporting documentation of rationale for the late submission.

The Contractor shall submit a schedule of values to correspond to the invoice submittal for the respective month. Supporting documentation for reimbursement of charges shall be provided to support the invoiced amount.

A revised construction schedule shall be submitted with each monthly invoice payment request.

All costs and charges listed in any invoice must fall within the Period of Performance (POP) of that invoice. The Contractor shall not include any costs or charges from any dates earlier or later than the POP indicated for a particular invoice (calendar month).

Invoices shall be submitted by calendar month’s period of performance, broken out individually by construction site and construction divisions.

Invoices shall reflect the contract number and the name of the COR.

The Contractor shall not be eligible to receive payments for any subsequent deliverables until the

Government has accepted the previous deliverables.

25. Training and O&M Manuals

The Contractor is responsible for providing on-site Operations and Maintenance (O&M) training to the end -user. Training should include instructions on how to operate and maintain all equipment provided and installed by the contractor. Contractor is to provide hard copies of O&M manuals to the end-user during training and should provide an electronic copy of manuals to the COR.

26. Warranty

The Contractor will provide a quality product with a one-year construction warranty in addition to the warranties for individual parts and components. Contractor to submit to the COR a binder with all parts and components warranties for review and approval.

27. Attic Stock and Spare Parts

The Contractor will provide the following attic stock of materials to be handed over to the end user during project close-out:

a) 5% of paint for each color provided

b) 5% ceiling tiles for each type of ceiling tile

c) 5% light bulbs for each type of light bulb

d) 5% of each type of floor tile

For all items in which 5% is a portion of a standard unit, Contractor is to round up to the nearest standard unit of measure (i.e. if quantity equals 1.5 gallons, round up to 2 gallons).

28. Definitions

• CO – A Contracting Officer is the US Government official with the legal authority to enter into, administer, modify, and/or terminate contracts. The CO's warrant designates responsibilities and limits.

• COR – A Contracting Officer's Representative is an individual designated in accordance with DFARS subsection 201.602-2 and authorized in writing by the Contracting Officer to perform specific technical or administrative functions. The Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer.

• INL– Bureau of International Narcotics and Law Enforcement Affairs

• DoS – U.S. Department of State

• NTP – Notice to Proceed

• POC – Point of Contact

• PoP – Period of Performance

• SOW – Statement of Work

• USG – United States Government http://www.acq.osd.mil/dpap/dars/dfars/html/current/201_6.htm#201.602-2

END OF SECTION