CEFOP_Popayan_-_Solicitation_SWHARC15R0009_draft_June_02_2015.docx

SECTION A

STANDARD FORM 1442 (SF-1442) – SOLICITATION, OFFER, AND AWARD

(SF-1442 IS ATTACHED)

SECTION A

STANDARD FORM 1442 (SF-1442) – SOLICITATION, OFFER, AND AWARD

(SF-1442 IS ATTACHED)

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 and within the time specified. This price shall include all labor, materials, overhead (including insurance required by FAR 52.228-4, Workers’ Compensation and War-Hazard Insurance Overseas, which shall not be a direct reimbursement), and profit. The firm fixed price shall also include the cost of performance and payment securities, insurance (other than DBA), and all other direct and indirect costs associated with completion of the project. If applicable, the firm fixed price shall include local Value Added Tax (VAT or IVA), and the cost of Defense Base Act (DBA) Insurance. Any costs not separately priced will be considered to be included in the overhead and other indirect costs.

B.2 TOTAL ESTIMATED CONTRACT PRICE

The total estimated contract price below includes all line items above.

The above contract price is stated in (U.S. Dollars or Colombian Pesos):

B.3 TYPE OF CONTRACT

This is a firm fixed-price contract payable entirely in the currency indicated by the Contractor in Section B.2 above. No additional sums will be payable for 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. The Government will not adjust the contract price due to fluctuations in currency exchange rates. The Government will only make changes in the contract price or time to complete due to changes made by the Government in the work to be performed, or by delays caused by the Government.

The Government will make payments based on quantities and unit prices only to the extent specifically provided in the contract.

SECTION C – DESCRIPTION/SPECIFICATIONS

STATEMENT OF WORK

C.1 CHARACTER AND SCOPE OF WORK

The Contractor shall furnish and install all materials required by this contract. Any exceptions are stated in the Specifications/Statement of Work and drawings for materials and equipment to be provided by or work to be performed by the Government or others under separate contracts, or otherwise stated as not included in the contract. The contract Specifications/Statement of Work are set forth in Section J as Attachment 1, and the contract drawings and plans are set forth in Section J as Attachment 3.

C.2 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.

SECTION D – PACKAGING AND MARKING

D.1 If the Contractor procures materials for the project that must be shipped from another country to the host country, the shipments shall be marked as follows:

D.2 The Contractor shall mark materials delivered to the project site as follows:

D.3 Packaging Requirements for Mail and Courier Shipment of Documents and Drawings:

D.3.1 Separate Packaging of Electronic Media and Hardcopy Material.

The prime Contractor and any associated subcontractors shall package all drawings and electronic media (Sensitive But Unclassified (SBU) and unclassified) in separate mailing packages, specifically, electronic media will be transported in electronic media packages that contain no other drawings or hard copies of any kind, beyond that of transfer/receipt documentation. Hardcopy (paper) drawing and documents will be packaged separately.

D.3.2 Double Wrapping and Addressing of Packages.

For all shipping methods, the prime contractor and any associated subcontractors shall ensure that all project documentation, SBU and unclassified, is double wrapped with both layers addressed properly and labeled with the sender’s address. No indication that the contents are SBU should appear on the outer wrapper. Document tracking receipts should be packaged inside the inner wrapping with the materials the receipt describes.

D.3.3 Packaging Heavy Materials in Appropriate Containers.

In applying the above double wrapping and addressing procedures, items sent via US mail or commercial carrier weighing more than one (1) pound shall have the inner package enclosed within an appropriately sized double-walled box or, for rolled drawings, a manufactured mailing tube. The cardboard box or mailing tube counts as the second layer of wrap.

SECTION E – INSPECTION AND ACCEPTANCE

E.1 FAR 52.2522 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://acquisition.gov/far/index.html or, http://farsite.hill.af.mil/search.htm

These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Dept. 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” (such as, Yahoo, Excite, Alta Vista, etc.) to obtain the latest location of the most current FAR.

FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)

52.246-12 Inspection of Construction (AUG 1996)

E.2 QUALITY ASSURANCE AND QUALITY CONTROL

E.2.1 Quality Assurance Plan:

E.2.1.1 General.

The Contractor shall establish and maintain a project-specific Quality Assurance Plan (QAP) which defines and implements a quality system. The quality system is a documented organizational process which describes responsibilities, procedures, and resources for providing quality control and quality assurance on a project. The implemented QAP shall include checklists of duties to be carried out, ensuring these duties are carried out by the supervisory staff and senior employees, and carrying out weekly inspections to determine whether the various services are being performed according to the contract. The Contractor shall provide copies of the weekly inspection reports to the Contracting Officer’s Representative (COR). The reports shall be provided to the COR within seven (7) days following the end of the weekly period. The Contractor shall correct and improve promptly any shortcomings and substandard conditions noted during inspections. The Contractor shall bring any conditions beyond the responsibility of the Contractor to the attention of the Contracting Officer or COR.

Effectiveness of the QAP is achieved through adequate planning, forceful direction, and evaluating the QAP to ensure that it’s meeting the stated objectives. The QAP must address a) Quality Control, which includes the operational techniques and activities that are used to fulfill the requirements for quality, and b) Quality Assurance, which includes documentation of the planned and systematic actions required to provide confidence that the services provided are based on project requirements and that they satisfy the stated requirements for quality. The QAP shall apply to work performed by the Contractor, as well as any of its subcontractors.

E.2.1.2 Periodic Assessments.

After award of the Contract, the Government may perform periodic assessments of the QAP to ensure conformance with contract requirements. Any areas of non-conformance (if identified) shall be immediately addressed by the Contractor, in order to avoid delays in performance that may result from quality-related issues.

E.2.1.3 QAP Requirements.

The QAP shall be structured and developed to include the following minimum requirements:

a) Organizational Structure. The Contractor shall define and submit a QAP organizational structure within fifteen (15) calendar days of contract award, including charts and a description of responsibilities of key persons who will perform Quality Control and Quality Assurance services. Persons responsible for interface with the Government, including the Security Manager and QAP Manager shall be identified. A separate list should also include all QAP team members, including consultants if used, with telephone numbers and e-mail addresses provided.

b) Quality Policy. The Contractor shall have a stated corporate quality policy. This policy shall be consistent with the Contractor’s quality policy in the QAP. Necessary measures shall be taken by the Contractor to ensure that the corporate quality policy is understood, implemented, and maintained by all employees of the Contractor and any subcontractors.

c) Security and Communications Interface. The QAP shall provide for integration of security and communications requirements into the project.

d) Document Control. The QAP shall ensure that documents, including any subsequent changes, will be reviewed for adequacy, approved for release by authorized personnel, and properly conveyed to the Government. Persons responsible for reviewing, approving, and releasing new and revised documents shall be identified.

e) Administration. The Administration of the QAP shall be vested in a responsible, authoritative element of the organization with a clear access to management. The organization shall be staffed by technically competent personnel with sufficient authority to ensure that quality requirements are consistently maintained.

E.2.2 Monthly Report

The Contractor shall submit to the COR a monthly progress report (including photos of significant items), along with the monthly invoice, summing up observations resulting from the inspections, progress, difficulties or irregularities encountered, resolution of problems, measures taken to improve conditions, recommendations, and other matters related to this contract. When applicable, reports shall also include any pending questions that may require a response from the COR, any pending Government review comments regarding the Contractor’s submittals, any proposed change orders that have not been executed, and any other pertinent information required to report the progress of performance under this contract. Monthly progress reports shall be submitted by the last calendar day of each month.

E.2.3 Inspection by Government

The COR, or his/her authorized representatives, will inspect from time to time the services being performed under this contract 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 COR as a result of such inspection.

E.2.4 Weekly Progress Report

The contractor shall submit a weekly progress report with photos to the COR indicating whether or not the work is going according to the proposed schedule, the number of people that worked daily, the activities performed during each day, and any problems (if encountered).

E.3 SUBSTANTIAL COMPLETION

E.3.1 Definitions

(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.

(c) The Contractor shall provide to the COR at least fifteen (15) workdays of advance written notice of the date the work will be substantially complete and ready for a Substantial Completion Inspection.

E.3.2 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, accompanied by the 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.

E.3.3 Use of Equipment by the Government Upon Substantial Completion

E.3.3.1 Right to Use. The Government may take over and operate, with Government and/or tenant personnel, any equipment which may be necessary for the operation of building systems, including heating/cooling, security, elevators, electrical, plumbing and mechanical systems, as soon as the installation of any such equipment is sufficiently complete to permit operation.

E.3.3.2 Notice. For any equipment that may be operated by Government and/or tenant personnel (upon reaching substantial completion), the COR will advise the Contractor in writing, prior to the use of the equipment, which items of equipment will be operated, what individual (or individuals) will be authorized to operate the equipment, and the date and time such operation will begin. Only those individuals with the appropriate training will be authorized to operate equipment.

E.3.3.3 Effect on Warranties. Government operation of equipment will not relieve the Contractor of any warranty or correction obligations provided for elsewhere in this contract. The applicable correction period for each piece of equipment shall be in accordance with the applicable provisions of this contract.

E.4 FINAL COMPLETION AND ACCEPTANCE

E.4.1 Definitions

(a) “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, on 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.

(b) 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.

E.4.2 Final Inspection and Tests

The Contractor shall provide to the COR at least fifteen (15) workdays of advance written notice of the date 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 COR determines that the work is not ready for final inspection and so informs the Contractor.

E.4.3 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).

SECTION F – DELIVERIES OR PERFORMANCE

F.1 FAR 52.2522 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://acquisition.gov/far/index.html or, http://farsite.hill.af.mil/search.htm

These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Dept. 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” (such as, Yahoo, Excite, Alta Vista, etc.) to obtain the latest location of the most current FAR.

FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)

52.242-14 Suspension of Work (APR 1984)

F.2 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract immediately upon receiving the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than one-hundred and thirty five (135) calendar days thereafter. The 135 day performance period includes final cleanup of the premises and completion of punch list items. The 135 day performance period does not include the time it will take for the Contractor to submit the required bonds and insurance documentation. A Notice to Proceed with construction will not be issued until such time as the Contracting Officer has received the required bonds and insurance documentation.

F.3 LIQUIDATED DAMAGES

F.3.1 FAR 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 $249 U.S. Dollars for each 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.

F.3.2 Assessment and Apportionment of Liquidated Damages

Liquidated damages will be assessed from the completion date indicated in the contract or extensions thereof to the date of substantial completion as actually achieved by the Contractor, as determined by the Contracting Officer.

F.4 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 hereby modified to reflect the due date for submission as "fifteen (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 employed by the Government. The Contractor shall submit a schedule, which sequences work so as to minimize disruption at the jobsite.

(d) All schedules 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 on account of a delay by the Government in approving such deliverables if the Contractor has failed to act promptly and responsively in submitting the deliverables. The Contractor shall identify each deliverable as required by the contract.

F.5 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.

F.6 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 completion of the project after the completion date, the Contractor shall notify the Contracting Officer of 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 this notice 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.7 NOTICE TO PROCEED

F.7.1 Limited Notice to Proceed. At the time of award, the Contracting Officer may issue a Limited Notice to Proceed (LNTP) to the contractor. The LNTP will authorize the contractor to commence with planning, begin procuring equipment and materials, and to initiate site mobilization.

Once the LNTP is issued, the contractor will have up to thirty (30) calendar days to submit the required performance and payment securities and evidence of insurance, as well as any other initial deliverables identified in contract Sub-Section F.11.

F.7.2 Full Notice to Proceed. Following receipt and acceptance of the required performance and payment securities and evidence of insurance, as well as any other required initial deliverables, the Contracting Officer will issue to the Contractor a Full Notice to Proceed (FNTP). The FNTP will authorize the contractor to commence with construction. The construction performance period, as specified in Sub-Section F.2, will commence on the date the FNTP is issued.

However, should the contractor fail to provide the required performance and payment securities and evidence of insurance within the time permitted under the LNTP (30 calendar days), the construction performance period will be reduced by the number of additional days it takes for the contractor to provide the performance and payment securities and evidence of insurance.

For example, if the performance and payment securities and evidence of insurance are provided 35 days after the LNTP is issued, this would be considered five days late. As a result, the 135 day construction performance period would be reduced by five days (to 130 days). The contractor would then have only 130 calendar days to execute and complete construction, once the FNTP is issued.

The one exception is if there is a delay in the Government completing a security background check of the company’s owners. Following contract award, the Government will conduct a routine security background check of the successful company’s owners. Should the background check not be completed by the time the contractor has provided all required bonds and evidence of insurance, the contractor will not be authorized to proceed with construction. That is, the FNTP will not be issued until such time as the Government has completed the security background check. In such a case, where the delay is not attributed to the contractor, there will not be a reduction in the construction performance period. Once a successful background check has been completed, the FNTP will be issued and the contractor will then have the entire performance period (as specified in Sub-Section F.2) to execute and complete construction.

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

NOTE: After contract award, if for any reason the contractor is unable to provide the required performance and payment securities and/or evidence of insurance, and this leads to termination of the contract, the contractor will not be reimbursed for any equipment and/or materials it may have procured under the LNTP, nor will the Contractor be reimbursed for any mobilization costs or other start-up costs that may have been incurred.

F.8 WORKING HOURS

F.8.1 General.

All work shall be performed during Monday through Saturday, except for the applicable holidays identified below. Working hours for Monday through Saturday shall be eight (8) hours per day. The specific working hours (start and finish times) will be determined at the time of contract award. Once the work schedule has been approved by the COR, other hours, if requested by the Contractor, may be submitted to the COR for consideration. Any change in the agreed to/approved working days and/or hours must receive the approval of the COR. The Contractor shall submit any such requests 24 hours in advance to COR who will consider any deviation from the hours identified above. Changes in the work schedule, if approved by the COR, will not be a cause for a price increase or additional time.

F.8.2 Holidays.

The Department of State (U.S. Embassy, Colombia) observes the following days as holidays:

New Year's Day (U.S. & Colombia) Epiphany (Colombia) Martin Luther King Jr. Day (U.S.)

President’s Day (U.S.)

Palm Sunday (Colombia) St. Joseph’s Day (Colombia) Holy Thursday (Colombia) Good Friday (Colombia) Easter (Colombia) Labor Day (U.S.)

Ascension Day (Colombia) Memorial Day (U.S.)

Corpus Christi Day (Colombia) Feast of the Sacred Heart (Colombia) Feast of Saints Peter and Paul (Colombia) Independence Day (U.S.)

Independence Day (Colombia) Battle of Boyacá (Colombia) Assumption Day (Colombia) Labor Day (U.S.)

Columbus Day (U.S. & Colombia) Veteran’s Day (U.S.)

Cartagena Independence Day (Colombia) All Saint’s Day (Colombia) Thanksgiving (U.S. & Colombia) Feast of the Immaculate Conception (Colombia) Christmas (U.S. & Colombia)

Any other day designated by Federal law, Executive Order or Presidential Proclamation.

When any such holiday falls on a Sunday, it is observed on the following Monday. 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, unless authorized pursuant to an overtime clause elsewhere in this contract. The Contractor may choose not to work on any of the holidays designated above. However, no additional time will be added to the contract period of performance for any holidays not worked, as the contract period of performance accounts for holidays.

As this contract is for construction taking place on a non-US Government property, the Contractor is not required by this contract to consider or observe U.S. holidays. However, the Contractor must act in compliance with local holidays and shall exercise due diligence to ensure local customs, appropriate compensation issues, and labor laws are addressed.

F.9 EXCUSABLE DELAYS

F.9.1 Examples of 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,

(10) 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.9.2 Rain Delays

Rain Days: For each rain day on which the Contractor is unable to perform work, one additional calendar day may be added to the contract period of performance. The additional time added to the schedule is considered to be full compensation to the Contractor for any work time lost as the result of rain delays. The Contractor will not receive additional monetary compensation as the result of rain delays. The Contractor is required to mitigate the impact of rain delays by performing any other activities that can be performed during periods of rain.

A “rain day” is defined as a day on which it is apparent that the rain is of such a magnitude or duration that it would be unlikely that the Contractor would be able to complete sufficient work to justify requiring the Contractor and its labor force to remain on site during that day.

Each rain day will be decided on a case-by-case basis, and must be approved as a rain day by the COR. Any disputes shall be resolved by the Contracting Officer.

F.10 PRE-CONSTRUCTION CONFERENCE

A pre-construction conference will be held within 10 calendar days after contract award at the American Embassy Bogota (or at the project site) to discuss the schedule, submittals, notice to proceed, mobilization and other important issues that affect construction progress. See FAR 52.236-26, Pre-Construction Conference in Section I.

F.11 DELIVERABLES

The following items shall be delivered under this contract:

Deliver

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 AUTHORITY OF CONTRACTING OFFICER

All work shall be performed under the general direction of the Contracting Officer, who alone shall have the authority to bind the Government and to 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, such as the COR.

G.2 MONITORING OF THE CONTRACTOR

G.2.1 DOSAR 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 will be designated at the time of contract award.

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. 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

Payments are subject to FAR 52.232-5, "Payments under Fixed-Price Construction Contracts.”

G.3.2 Detail of Payment Requests

Each application for payment shall cover the value of labor and materials completed and in place, including a prorated portion of overhead and profit. Invoices shall also include VAT (if applicable), as a separate line item. The Government will make payments no more frequently than monthly. The Contractor shall address invoices to:

U.S. Embassy Bogota Attn. Seccion de Pagos – International Narcotics and Law Enforcement Section Carrera 45 No 24B-27, Puesto 2 Bogota, Colombia

A copy of the first and the last invoice shall also be provided to the Contracting Officer (Jamie A. Goewey) at the above address, or by e-mail: goeweyja@state.gov.

THERE WILL BE NO ADVANCE PAYMENTS MADE UNDER THIS CONTRACT.

G.3.3 Payments to Subcontractors

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

G.3.4 Evaluation by the COR

Following receipt of the Contractor's request for payment, and on the basis of an inspection of the work, the COR will make a determination as to the amount that is then due. If the COR does not approve payment of the full amount applied for, less the retainage addressed in FAR 52.232-5, the COR will advise the Contractor of the reasons.

G.3.5 Additional Withholding

The Government may withhold from payments due the Contractor any amounts as may be considered 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 for which 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 prospective liquidated damage when the Contractor has failed to make adequate progress.

This withholding is independent of monies retained by the Government under FAR 52.232-5, or otherwise as permitted to be retained under this contract.

G.3.6 Payment

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

G.3.7 Currency Fluctuation

All payments shall be made in either U.S. dollars or Colombian Pesos, according to the currency indicated by the Contractor in Sub-Section B.1 (Contract Price). No requests for adjustments on the basis of currency fluctuations shall be considered.

G.4 VALUE ADDED TAX (VAT or IVA)

If applicable, the contractor shall be responsible for paying Value Added Tax (VAT or IVA) to the appropriate authority, at the applicable Colombian government rate. Offerors shall identify VAT as a separate line item in Sub-Section B.1 (Contract Price). The VAT shall also be reflected as a separate line item on all invoices submitted under the contract. The Contractor will be reimbursed for VAT only to the extent the contractor provides documentation that VAT has been paid to the host government up to the VAT amount included in Sub-Section B.1. Any refund of VAT to the contractor by the Colombian government shall be paid to the U.S. Government (or deducted from the contract price), to the extent that the U.S. Government had already reimbursed the contractor for the VAT refunded.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 PERFORMANCE AND PAYMENT SECURITIES

Citing the Miller Act exemption for contracts performed in foreign counties (ref. 40 U.S.C. § 3131(d)), the bond requirements of FAR 52.228-15 (Performance and Payment Bonds – Construction) will not apply to this contract. Locally held “polizas”, as is customary security on construction projects in Colombia, will serve as the securities for this contract. The poliza requirements can be found in Attachment 4.

All policies which are stipulated for these works should be signed by the legal representative of the company. The policies should name the American Embassy, NIT 800.090.823-1, as the beneficiary. The full cost of all policies will be borne by the Contractor, who shall be required to submit the payment receipt for the respective premiums.

Offerors are to itemize the cost of obtaining the required Performance and Payment securities in the Price Proposal Breakdown, provided as Section J, Attachment 1. Offerors should also ensure that the securities have been fully priced in the proposed contract price (B.1), as no price adjustment for the required securities will be considered after award.

Performance and Payment Securities may be provided in English or Spanish.

H.1.3 Time for Submission

The Contractor shall provide the Performance Bond (Poliza de Cumplimiento) and the Payment Bond (Poliza de Pago de Salarios y Prestaciones Sociales) securities required by paragraph H.1 above and Attachment 4 within ten (10) calendar days of contract award. Failure to submit (1) the required securities or other security acceptable to the Government in a timely manner; (2) securities from an acceptable surety; or (3) securities in the required amount, may result in rescinding or termination of the contract by the Government. Should the contract be terminated, the contractor will be liable for those costs as described in FAR 52.249-10, "Default (Fixed-Price Construction).”

The Stability Bond (Poliza de Estabilidad), Elements Quality Bond (Poliza de Calidad de Elementos), and Correct Equipment Functioning Bond (Poliza de correcto funcionamiento de los equipos) shall be submitted when the work is accepted, see Attachment 4.

H.1.4 Coverage

The Performance and Payment securities or other security acceptable to the Government shall guarantee the Contractor's execution and completion of the work within the contract time and the correction of any defects after completion as required by this contract, 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.

H.1.5 Duration of Coverage

The duration of coverage for each security (poliza) can be found in Attachment 4.

H.1.6 FAR 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 security becomes inadequate in the opinion of the Contracting Officer; or

(d) An irrevocable letter of credit (ILC) is used as security and 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's attention is directed to Section I, 52.228-5, "Insurance - Work on a Government Installation" (if applicable). As required by this clause the Contractor is required to provide and maintain whatever insurance is legally necessary.

The Contractor shall provide and maintain during the entire performance period General Liability (includes premises/ operations, collapse hazard, products, completed operations, contractual, independent contractors, broad form property damage, personal injury) in the form of the Liability Bond (Poliza de Responsibilidad Civil Contractual) in the amount of 30% the value of the contract for a duration of the contract performance plus two months.

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.

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 an incident to the Contractor's performance of this contract. The Contractor shall hold harmless and indemnify the Government from any and all claims arising there from, 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 required under this contract within ten (10) calendar 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.2.4 Insurance-Related Disputes.

Failure to agree to any adjustment contemplated under this contract regarding insurance shall be a dispute within the meaning of the Disputes Clause (FAR Clause 52.233-1). However, nothing in this clause shall excuse the Contractor from proceeding with the work, including the repair and/or replacement of work as provided herein.

H.3 SOCIAL SECURITY

In addition to the requirements listed above, all workers and subcontractors who are employed on the project shall be registered with a Social Security System, which includes an E.P.S. (Health Entity) and an A.R.P. (Professional Risk Administration Company), and the Contractor shall be up to date with the respective payments. The contractor shall likewise take on responsibility for any damages or prejudices which might result from any and all actions and activities of the Contractor. The Contractor shall submit copies of payment tables during the first seven days of the month to the COR.

H.4 DEFINITIONS

In addition to the definitions provided in Section I, FAR 52.202-1, the following definitions shall apply when used in connection with this contract:

(a) Contract Drawing or Drawings, where indicated by the context, means those drawings specifically listed in the 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 in which 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) Other Submittals includes progress schedules, shop drawings, testing and inspection reports, and other information required by the contract to be submitted by the Contractor for information or approval by the Government.

(f) 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 contract.

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

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

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

(j) Work means any and all permanent construction, which is intended to be incorporated into the finished project and required to be performed or otherwise provided by the Contractor under this contract, unless otherwise indicated by the context.

(k) Government. Except where the solicitation is clear that a reference is being made to the host (Colombian) government or other local government authority, the term “Government” as used in this contract is meant to refer to the United States Government.

(l) Government-Furnished Property means property in the possession of, or directly acquired by the Government and subsequently made available to the Contractor. Government-Furnished Property includes Government-Furnished materials and Government-Furnished Equipment.

H.5 OWNERSHIP AND USE OF DOCUMENTS

H.5.1 Ownership and Use of Drawings, Specifications and Models

(a) Ownership. All designs, drawings, specifications, models, notes and other works developed in the performance of this contract, including originals and copies, shall become the sole property of the U.S. Government and may be used on any other design construction without additional compensation to the Contractor. The U.S. Government shall be considered “person for whom the work was prepared” for the purpose of authorship in any copyrightable work under Section 201(B) of Title 17, United States Code. The Contractor agrees not to assert or authorize others to assert any rights nor establish any claim(s) under the design patent or copyright laws. The Contractor, for a period of three years after completion of the project, agrees to furnish all retained works at the request of the U.S. Government. Unless otherwise provided in this contract, the Contractor will have the right to retain copies of all works beyond such period, except in the case of classified designs, drawings, specifications, and any other documents.

(b) Use and Return. The contractor shall not allow others to use the documents described in (a) above and shall not use the documents on work other than performed in relation to this project. The Contractor shall return or account for the signed contractor set and additional copies provided to or made by the Contractor upon final completion of the work.

H.5.2 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.