USAID South Sudan RC Kitchen Upgrade - Solicitiation Number 72066823R00007.pdf

Issuing Date: June 27, 2023

Virtual Pre-proposal conference: July 13, 2023, at 1500 Juba Time (registration required)

Questions Due:

Phase One Proposal Submission Due Date

July 14, 2023, at 0900 Juba Time

July 24, 2023, at 0900 Juba Time

Phase Two Proposal Submission Due Date: To be communicated to those that pass Phase One

SUBJECT: Request for Proposals No. 72066823R00007 for USAID/South Sudan Juba Resident Compound Kitchen Reconstruction (Juba RCK) Project

Dear Prospective Offerors:

The United States Government, represented by the U.S. Agency for International Development Mission in South Sudan (USAID/South Sudan), is seeking Phase One proposals from qualified organizations interested in providing the services as described in this solicitation. This acquisition for construction is being procured in accordance with Federal Acquisition Regulation Subpart 36.3 -- Two-Phase Design-Build Selection Procedures.

● Phase One will be evaluated in accordance with FAR 36.303-1 -- Phase One.

● Phase Two will be evaluated in accordance with FAR 36.303-2 -- Phase Two.

USAID/South Sudan anticipates awarding one firm-fixed-price Design-Build contract. For Phase Two, the U.S. Government may award this contract without discussions.

A pre-proposal conference will be held virtually on July 13th at 1500 Juba time. Please confirm your attendance by sending an email to Warran Bully wabully@usaid.gov and Juma Lutyo jlutyo@usaid.gov . In the subject state: Juba RCK Conference. In the body of the email indicate the Name , Title and email address of the attendees from your organization. Please RSVP by July 12th at 0900 Juba time.

The order of magnitude of the resultant contract is between $500,000 and $750,000. All work must be completed no later than 270 days after Notice to Proceed (NTP).

Embassy of the United States in South Sudan Kololo Road, adjacent to the European Union's compound Juba, South Sudan

Telephone: +211.912.105.107 Website: https://www.usaid.gov/south-sudan mailto:wabully@usaid.gov mailto:jlutyo@usaid.gov

RFP No. 72066823R00007 Juba RCK Project

Prime Offerors under this RFP must be registered under the North American Industry Classification System (NAICS) code 236220 – Commercial and Institutional Building Construction.

Offerors are reminded that as part of the Phase 2 submission, they must provide their FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment and/or 52.204-26 (OCT 2020). If the offeror provides an affirmative representation under FAR 52.204-24(d)(2), Offeror must submit the list of covered equipment and services and all disclosure information required by FAR 52.204-24(d)(2) and the Section L Provision related thereto.

Questions regarding this request must be submitted via e-mail to the points of contact identified in Section L no later than the date and time for questions stated above. Unless otherwise notified by an amendment to this RFP, USAID will not answer questions after the deadline or by phone. Offerors must not submit questions to any other USAID staff. All questions submitted and answers to all questions will be provided in writing through an amendment to the RFP which will be publicly posted on beta.SAM.gov.

Issuance of this solicitation in no way obligates USAID to award a contract, nor does it commit USAID to pay any cost incurred in the preparation and submission of a proposal. USAID reserves the right to reject any and all offers received. Award of a contract under this RFP is subject to availability of funds and other internal USAID approvals. Final award of any resultant contract cannot be made until funds have been fully appropriated, allocated, and committed through USAID’s internal procedures. USAID bears no responsibility for data errors resulting from transmission or conversion processes.

Sincerely, Kevin M. Sampson Supervisory Contracting Officer USAID/South Sudan

PART I – THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this contract is to:

1. Validate the existing 90% engineering designs, complete 100% engineering designs, and perform value engineering.

2. Provide construction services as described in detail in Section C, Statement of Work for the USAID/South Sudan Juba Compound, Residential Compound, Kitchen Reconstruction.

B.2 TYPE OF CONTRACT

This is a Firm Fixed Price contract with two contract line-item numbers (CLINs) and payable entirely in U.S. dollars. The Government will not adjust the contract price due to fluctuations in currency exchange rates.

B.3 CONTRACT PRICE

The contractor must complete all work (including furnishing all labor, material, equipment, management, and services) required under this contract for the following firm fixed price:

Item No Description Unit Amount

CLIN 001 Validation and Completion of the 90% Existing Design and Value Engineering

1 Lot Firm Fixed Price

$TBD

CLIN 002 Construction 1 Lot Firm Fixed Price

$TBD

Total Contract Price

$TBD

B.4 SCHEDULE OF VALUES

[To be inserted at time of contract award for progress payments.]

[END OF SECTION B]

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1: GENERAL

1.01 PROJECT LOCATION AND SITE

A. The project is in the United States Embassy Residential Compound (RC) in Juba, South Sudan. The Residential Compound (RC) is located on RC Road, north of Airport Road (see Figure 1).

1.02 PROJECT OBJECTIVES

A. The Embassy has identified the following key project objectives:

1. Finalize both design and value engineering

2. Reconstruct and expand the existing kitchen to accommodate increased demand on infrastructure.

3. Reconstruct the kitchen in two phases as shown in the contract documents to ensure the kitchen remains in service for the duration of the project.

4. Reconstruct the aggregate paved roadway and parking area that are serving the kitchen as shown.

5. Design validation and 100% design completion, construction and project acceptance must occur within 365 calendar days after notice to proceed.

1.03 PROJECT SCOPE OF DELIVERY

A. Deliverables for this project are anticipated to include, but are not limited to:

1. Finalize the existing 90% engineering design to a 100% engineering design and specifications and perform value engineering.

2. Reconstruct and expand the existing kitchen in two phases. The first phase is to construct the expansion and relocate the existing kitchen operation into the expanded kitchen area. The second phase is to demolish and reconstruct the existing kitchen.

3. Relocate existing kitchen’s equipment including the 20ft reefer and necessary electrical connections as necessary with the approval of the COR to ensure continuous operation of the kitchen.

4. Reconstruct the aggregate paved roadway and parking area serving the kitchen.

5. Complete site work including, but not limited to incidental utilities connections as shown on the plans as well as restoring all disturbed areas to pre-construction conditions unless otherwise specified on the plans.

6. Provide all labor, materials, equipment, and incidental services necessary to construct and commission the required facilities.

7. Provide full as-built drawings for all work completed in AutoCAD format as well as PDF format.

B. RELATED WORK

1. There are many projects being constructed concurrently on the RC. The Contractor must ensure that its activities are deconflicted with other activities through the COR and the Construction Oversight contractor. The Contractor must account for routine deconfliction activities.

2. Transportation and storage of all materials from the site of manufacture to the site of installation is the responsibility of the contractor. Lay-down and storage areas within the RC are limited. The Contractor must plan for offsite warehousing for material and supplies at location(s) to be secured by the Contractor. USAID may allow use of the aggregate paved roadway and parking between the HLZ gate and the construction site as the project lay-down and storage area.

1.02 SUBMITTALS

A. The Contractor is directed to Specifications Section 01 25 00, Submittal Procedures. The Contractor must conform in every respect with the procedures specified therein and ensure that all submittals are scheduled, tracked, and approved prior to the execution of the work.

1.03 REFERENCE STANDARDS (All current editions unless otherwise stated)

A. American National Standards Institute

B. International Building Code (IBC), 2021 Editions C. International Electro-technical Commission (IEC) D. International Energy Conservation Code (IECC) E. Instrumentation Society of America (ISA) F. The International Energy Conservation Code G. American Society for Testing and Materials (ASTM) H. ASHRAE 90.1-2007 “Energy Standard for Buildings Except Low-Rise Residential Buildings” I. Electronic Industries Association.

J. Environmental Protection Agency (EPA) Purple Book 560/5-85-024.

K. EPACT Energy Policy Act of 2005 L. Illuminating Engineering Society of North America Handbook (IESNA) M. Instrumentation Society of America (ISA) N. Insulated Power Cable Engineers Association (IPCEA) O. Institute of Electrical and Electronic Engineers (IEEE) P. National Fire Protection Association

1. NFPA 70 – National Electrical Code

2. NFPA 70E – Electrical Safety Requirements for Employee Workplaces

3. NFPA 72 - National Fire Alarm Code

4. NFPA 90A – Installation of Air Conditioning and Ventilation Systems

5. NFPA 101 Life Safety Code

6. NFPA 170 – Fire Safety Symbols

7. NFPA 780 Lightning Protection Code, 2008 Edition

Q. National Electrical Manufacturers Association (NEMA) R. National Electric Safety Code ANSI C2

1.04 QUALITY ASSURANCE

A. Quality Assurance/Construction Oversight Contractor:

The Contractor is advised that a Quality Assurance/Construction Oversight contractor will perform such services on behalf of the Government. The Quality Assurance/Construction Oversight contractor will review all submittals and provide daily inspection services. The Contractor should anticipate weekly status update meetings with the COR and the Quality Assurance/Construction Oversight contractor to monitor project progress and overall quality of the work.

B. Service of Manufacturer’s Representative:

Consistent with industry best practices and to facilitate sustainable operation of the kitchen over the life of the project, factory representatives who have complete knowledge of proper installation, start-up, and operation and maintenance (O&M) must be available to assist in the commissioning of the kitchen building systems. The Contractor and/or factory representative will provide 40 hours of system commissioning and related training on the operation of the systems to the kitchen’s operation and maintenance staff.

1.05 MAINTENANCE

A. During the period of performance, the Contractor is the sole responsible for all the relevant maintenance of the phase-1 kitchen.

B. Upon completion and handover of the entire project, the Contractor will transition maintenance of the kitchen facilities to the Government and its agents as directed by the

COR.

C.2: PRODUCTS

2.01 WARRANTIES ON LABOR, MATERIALS, AND EQUIPMENT

A. All materials and equipment must be supplied with a full warranty as provided by the manufacturer. All warranties must be transferred to the Government from the Contractor before acceptance of the project.

B. All workmanship and installations must include a one-year warranty from the Contractor from the date of handover/takeover of the facility.

2.02 DELIVERIES OF MATERIALS

Materials delivered to the site shall be marked as follows:

US EMBASSY JUBA, SOUTH SUDAN

℅ Contractor POC Attn: EXO/GSO Shipping Unit Cellphone: +211 912 117 887

+211 912 117 847

JUBA, SOUTH SUDAN (DIPLOMATIC CARGO)

(Jubausaidshipping@usaid.gov )

C.3: EXECUTION

3.01 INSTALLATION

The Contractor is responsible for delivering all labor, materials, and equipment required for fully functional kitchen facilities as shown in the plans and described in the specifications. The Contractor must install all facilities in strict compliance with the execution instructions in each technical specification.

mailto:Jubausaidshipping@usaid.gov

3.02 FIELD TESTING AND COMMISSIONING

A. After all the equipment and structures have been completely installed, an initial start-up test of each system including heat exhaust system, air conditioning system, walk-in freezing/refrigerating system, electrical and plumbing etc., must be conducted as directed by the COR and the Construction Oversight A&E firm.

B. The COR will require any deficiencies noted to be corrected, by repairing or replacing the defective component and retesting the component and/or system until it meets the approval of the COR, at no additional cost to the Government.

C. The Contractor will provide Commissioning Services as further described in the general and technical specifications contained in the contract documents.

C.4: OTHER CONSTRUCTION CONSIDERATIONS

4.01 PROJECT BACKGROUND

The kitchen project is needed to meet a surge in demand for on-compound services. The construction of the New Embassy Compound (NEC) and the expected increase in Chief of Mission personnel will require an increase in throughput at the kitchen to accommodate the expected increase in demand. The kitchen will be modernized, expanded, and brought up to current standards.

4.02 SITE USE

A. The RC provides living quarters to the USG employees of the Embassy. The Contractor must respect the daily use of the compound by its residences and service providers. The Contractor must plan and schedule all activities to minimally impact the quality of life within the compound while carrying on safe construction activities.

B. The Contractor must ensure that all construction activities are carried out while maintaining the continued full operation of the Embassy Compound.

C. The Contractor must take note that other contractors are likely to be actively carrying out construction, and maintenance activities within the compound. The Contractor must plan and execute the required work in a manner to not conflict with the activities of other contractors. The Government shall provide additional information regarding ongoing construction during the bidders’ pre-bid site visit.

D. The Contractor’s working hours are subject to the US Embassy operational hours of 8 AM to 5 PM. Contractors are generally able to access the compound facilities by 7:30 AM and depart the facilities no later than 5:00 PM.

E. The Contractor is advised that underground drawings for utilities and other services are generally not available. The Contractor’s subsurface exploration and utility installation activities must be performed in a manner to minimally impact compound utilities. Utility lines must be relocated when the Contractor encounters interference with construction activities under this contract at no charge to the government.

F. The Contractor must take note that photos within the Compounds are neither available, nor can be taken unless coordinated with RSO through COR.

G. Attachment 5 is a schedule of Embassy holidays for scheduling purposes. Construction activities must only be performed during regular Embassy operation hours.

4.03 DIVISION ONE SPECIFICATIONS

A. Contractor must execute the construction, commissioning, and closeout of the project in accordance with the requirements of the contract, including the procedures identified in the Division 01 specifications.

B. Contractor’s Temporary Facilities must be off the U.S. Embassy Compound and designated in the Site Utilization Plan and in compliance with Div. 1, Section 015005, Temporary Facilities and Control.

4.04 AS BUILT CONSTRUCTION DOCUMENTS

A. As-built drawings, models, and documentation must be delivered to the USG as part of the permanent project record. USG shall be the exclusive owner of this documentation

B. Contractor must provide O&M manuals related to project installed equipment electronically. This must include warranty registration, and information, and/or documentation required for the USG to exercise such warranty rights. The following contract specifications shall be referenced (see Attachment 2): Section 017705 Closeout Procedures.

4.05 SECURITY DURING CONSTRUCTION

A. Per Division 01 specifications, the Contractor will be required to limit access to the construction site through a security screening facility known as Compound Access Control (CAC) facility. The Contractor is required to abide by the Access Control Policy in seeking access to construction sites.

B. During construction a particular access known as South-CACs will be used for transportation to/from the site, and such be designated on the Site Utilization Plan and submitted in accordance with Division 1 Specifications.

4.06 DIPLOMATIC SECURITY (DS) SECURITY COMPLIANCE REVIEW DURING

CONSTRUCTION

A. The Bureau of Diplomatic Security (DS) will perform periodic security inspections of the project, known as Security Compliance Reviews (SCRs). The DS compliance teams document these inspections, address physical and technical security deficiencies or discrepancies relating to the project and provide corrective recommendations to the COR.

B. The goals of the interim SCRs are to understand the security posture of a project and to identify potential problem areas which allows the Contractor to take corrective action earlier in the construction cycle of the project. The purpose of interim SCRs is to ensure construction meets the security requirements specified in the construction drawings and project specifications manuals.

C. A final SCR will be performed and will be documented in a report at project completion.

[END OF SECTION C]

[INTENTIONALLY LEFT BLANK]

SECTION D - PACKAGING AND MARKING

D.1 BRANDING STRATEGY

The Contractor must submit final Branding Implementation and Marking Plans no later than 30 days after award. The plan must address the elements below and be submitted to the CO for approval.

Per ADS 320.3.2.1, the Branding Strategy for this contract is as follows:

The activity name: USAID/South Sudan Juba Resident Compound Kitchen Reconstruction (Juba

RCK) Project

The desired level of visibility: Given the nature and location of this project, limited branding and marking is required for this project.

Threats and restrictions to the security of the program must be identified in the proposed Plan and assessed to request any necessary exception from the marking requirement in accordance with ADS 320.3.2.5.

The Contractor should review the USAID “Graphic Standards Manual” available at www.usaid.gov/branding, or any successor branding policy to inform its Branding

Implementation and Marking Plans.

D.2 AIDAR 752.7009 MARKING (JAN 1993)

a) It is USAID policy that USAID-financed commodities and shipping containers, and project construction sites and other project locations be suitably marked with the USAID emblem. Shipping containers are also to be marked with the last five digits of the USAID financing document number. As a rule, marking is not required for raw materials shipped in bulk (such as coal, grain, etc.), or for semi-finished products which are not packaged.

b) Specific guidance on marking requirements should be obtained prior to procurement of commodities to be shipped, and as early as possible for project construction sites and other project locations. This guidance will be provided through the cognizant technical office indicated on the cover page of this contract, or by the Mission Director in the Cooperating Country to which commodities are being shipped, or in which the project site is located.

c) Authority to waive marking requirements is vested with the Regional Assistant Administrators and with Mission Directors.

d) A copy of any specific marking instructions or waivers from marking requirements is to be sent to the Contracting Officer; the original should be retained by the Contractor.

[END OF SECTION D]

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE - FEDERAL ACQUISITION REGULATION (48

CFR Chapter 1)

DATE

52.246-4 INSPECTION OF SERVICES - FIXED PRICE AUG 1996

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

E.2 INSPECTION AND ACCEPTANCE

USAID inspection and acceptance of services, reports and other required deliverables or outputs shall take place at USAID in South Sudan, or at any other location where the services are performed and reports and deliverables or outputs are produced or submitted.

[END OF SECTION E]

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE - FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)

DATE

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS APR 1984

52.242-14 SUSPENSION OF WORK APR 1984

52.242-15 STOP WORK ORDER AUG 1989

52.247-34 F.O.B. DESTINATION NOV 1991

F.2 DELIVERABLES AND DELIVERABLES SCHEDULE

All deliverables are identified in Sections C through I of the contract and the attachments in Section J. All reports must be in the English language. The Contractor must promptly notify the COR with a copy to the CO of any problems, delays or adverse conditions which materially impair the Contractor’s ability to meet the requirements of the contract. All activity outputs and deliverables must be submitted electronically to the COR with a copy to the CO using procedures provided by the CO at contract award in both unlocked PDF and in the original software program format in which they were developed, unless only hard copies are requested.

USAID’s fiscal quarters end on December 31st, March 31st, June 30th, and September 30th.

In addition to the deliverables in other Sections, the Contractor must provide the below deliverables:

Quarterly Progress Report: The Contractor must submit quarterly performance reports no later than 10 calendar days following the end of each standard USG fiscal quarter to the COR and a copy to the CO. Regardless of the start date of the contract, all reporting will be adjusted to the USG fiscal year calendar. The reports must not be more than 15 pages, excluding annexes. The reports will describe progress made towards the Base Schedule in the calendar quarter most recently ended. This report will also include explanation of problems, delays or adverse conditions, actions taken or contemplated to resolve the situation, and any assistance needed to resolve the situation.

Quarterly Notification of Changes Certification: No later than three (3) days after the end of the fiscal quarter (dates listed above), the Contractor must submit a certification to the Contracting Officer indicating that either there have or have not been changes to the contract during the preceding quarter. If there have been changes with notification given per FAR 52.243-7, then the Contractor must summarize the changes in the certification. If there have been changes, but no notification has been given per FAR 52.243-7, the Contractor must provide the required information per the clause and an explanation of why notification was not provided.

F.3 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR

1984)

The Contractor shall be required to:

a) commence work under this contract within 10 days after receipt of Notice to Proceed

(NTP).

b) prosecute the work diligently and complete the entire work ready for use not later than 270 days after receipt of NTP. The time stated for completion shall include final cleanup of the premises.

F.4 PRINCIPAL PLACE OF PERFORMANCE

The principal place of performance of this contract is Juba, South Sudan.

F.5 KEY PERSONNEL REQUIREMENTS

The Contractor must furnish the positions deemed key personnel, as noted below, for the full period of performance of this contract. The key personnel must be based in Juba, South Sudan.

The key personnel identified below are considered essential to the work being performed under this contract. The Contractor must remain responsible for providing such key personnel for full-time performance for the term of this contract unless otherwise agreed to by the Contracting Officer.

The Contractor must immediately notify the Contracting Officer and the COR of any key personnel’s departure and the associated reason. The Contractor must take steps to immediately rectify this situation and must propose a substitute candidate for each vacated position within fifteen (15) days. The Contractor must not actively replace any of the key personnel without the prior written consent of the Contracting Officer

The performance of this contract requires the following key personnel:

a) Project Manager

The Contractor must designate a project manager (PM). The PM is responsible for resourcing and managing the execution of all work on-site. The scope of this position includes resourcing and managing all engineering designs, on-site engineering, and execution of all construction activities, including management of the Superintendent of

Works. The PM will also be responsible for the development of the project schedule, management of required project resources, and procurement of required materials and services. The PM will have routine contact with the site Quality Assurance (QA) personnel assigned by the Government who will provide construction oversight and inspection. The PM will be responsible for meeting milestone targets for completion.

The PM must possess a working knowledge of various trades, to include carpentry, interior finishes, masonry, site civil construction, subsurface utilities, iron working, electrical, HVAC/mechanical, and plumbing trades and must have no less than 15 years of experience in vertical construction, demonstrated experience in project controls

(schedules, cost estimates, and risk management), and no less than 10 years of experience in construction supervision. The PM must hold at least a bachelor' s degree in civil engineering, construction engineering and management, and/or architectural engineering.

b) Superintendent of Work (Full time on site)

The Contractor must designate a Superintendent of Work (SW.) The SW is responsible for the execution of all work on site. The scope of this position includes all on-site engineering, execution of all construction activities, coordination of the activities of the various trades required for completion of the project, coordination of access and escort requirements, and coordination of material deliveries. The CW must also play a key role in the development of the project schedule and must always be cognizant of the status of the schedule. The SW will have primary contact with the site Quality Assurance (QA) personnel assigned by the Government who will provide construction oversight and inspection. The SW must possess a working knowledge of various trades to include carpentry, interior finishes, masonry, site civil construction, subsurface utilities, iron working, electrical, HVAC/mechanical, and plumbing trades and must have no less than

15 years of experience in vertical construction and no less than 10 years of experience in construction supervision.

c) Quality Control Officer (Full time on site)

The Contractor must designate a Quality Control Officer (QCO) as the primary point of contact with whom USAID may contact for procedural and substantive matters. The QCO bears primary responsibility for ensuring that all work complies with the quality requirements of the project and that all work complies with the technical documents to include approved plans, specifications, and standard details. The QCO must have strong written and oral presentation skills and be thoroughly knowledgeable about the overall technical, administrative, and logistical aspects of the project to ensure the effective, efficient, and timely implementation of all activities undertaken by the Contractor.

The QCO must possess: (1) at least a bachelor' s degree in civil engineering, construction engineering and management, and/or architectural engineering; (2) at least 10 years of experience in vertical construction and project controls (schedules, cost estimates, and risk management); (3) no less than 10 years of experience in construction supervision;

and (4) no less than 5 years of experience in providing QA/QC services for projects of a comparable size and scope. The QCO must currently meet any licensing, registration, or similar requirements from his/her home office or from an East African regional country, or any other country where licenses and registration are available. All licenses and registrations must be current and in good standing, without any pending disciplinary action, administrative sanctions, or disciplinary history.

d) Health and Safety Officer (Full time on site)

The Contractor must designate a Health and Safety Officer (HSO) for the project. The

HSO must possess at least 3 years of experience as an HSO or of similar relevant experience. The HSO must be knowledgeable in the use and practice of OBO guidelines, US Army Corps of Engineers Safety and Health Requirements Manual and/or OSHA for the construction industry. The HSO must be highly capable of writing and speaking

English.

F.6 COORDINATION WITH A&E CONTRACTOR

USAID has an A&E Contractor to provide construction oversight and quality assurance services.

The Contractor will be required to attend regular meetings organized by the A&E Contractor.

The A&E Contractor does not have the authority to:

● Direct or suspend the performance of the Contractor's work, unless continued performance of work will endanger the health, welfare, or safety of the public or any Project worker.

● Approve deviations from any contract requirements.

● Approve changes in or deviations from the approved design documents, or performance by the Contractor of approved extra or changed work.

● Waive any contract requirements or provisions.

● Approve Change Orders (COs), Value Engineering Change Proposals (VECPs), or Contract amendments.

[END OF SECTION F]

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 AIDAR 752.7003 DOCUMENTATION FOR PAYMENT (NOV 1998)

a) Claims for reimbursement or payment under this contract must be submitted to the Paying Office indicated in the schedule of this contract. The Contracting Officer's Technical Representative (COR) is the authorized representative of the Government to approve vouchers under this contract. The Contractor must submit either paper or fax versions of the SF-1034--Public Voucher for Purchases and Services Other Than Personal.

Each voucher shall be identified by the appropriate USAID contract number, in the amount of dollar expenditures made during the period covered.

1) The SF 1034 provides space to report by line item for products or services provided.

The form provides for the information to be reported with the following elements:

Total Expenditures [Document Number: XXX-X-XX-XXXX-XX]

Line Item No

Description Amt vouchered Amt vouchered

001 Product/Service Desc. for Line Item 001

$ XXXX.XX $ XXXX.XX

002 Product/Service Desc. for Line Item 002

$ XXXX.XX $ XXXX.XX

Total $ XXXX.XX $ XXXX.XX

2) The fiscal report shall include the following certification signed by an authorized representative of the Contractor:

The undersigned hereby certifies to the best of my knowledge and belief that the fiscal report and any attachments have been prepared from the books and records of the Contractor in accordance with the terms of this contract and are correct: the sum claimed under this contract is proper and due, and all the costs of contract performance (except as herewith reported in writing) have been paid, or to the extent allowed under the applicable payment clause, will be paid currently by the Contractor when due in the ordinary course of business; the work reflected by these costs has been performed, and the quantities and amounts involved are consistent with the requirements of this Contract; all required Contracting Officer approvals have been obtained; and appropriate refund to USAID will be made promptly upon request in the event of disallowance of costs not reimbursable under the terms of this contract.

BY: ______________________________________________________

TITLE: ______________________________________________________

DATE: ______________________________________________________

b) Local currency payment. The Contractor is fully responsible for the proper expenditure and control of local currency, if any, provided under this contract. Local currency will be provided to the Contractor in accordance with written instructions provided by the Mission Director. The written instructions will also include accounting, vouchering, and reporting procedures. A copy of the instructions shall be provided to the Contractor's Chief of Party and to the Contracting Officer. The costs of bonding personnel responsible for local currency are reimbursable under this contract.

c) Upon compliance by the Contractor with all the provisions of this contract, acceptance by the Government of the work and final report, and a satisfactory accounting by the Contractor of all Government-owned property for which the Contractor had custodial responsibility, the Government shall promptly pay to the Contractor any moneys (dollars or local currency) due under the completion voucher. The Government will make suitable reduction for any disallowance or indebtedness by the Contractor by applying the proceeds of the voucher first to such deductions and next to any unliquidated balance of advance remaining under this contract.

d) The Contractor agrees that all approvals of the Mission Director and the Contracting Officer which are required by the provisions of this contract shall be preserved and made available as part of the Contractor's records which are required to be presented and made available by the clause of this contract entitled "Audit and Records--Negotiation".

G.2 CONTRACTING OFFICER’S AUTHORITY

The Contracting Officer is the only person authorized to make or approve any changes to the requirements of this Contract and notwithstanding any provisions contained elsewhere in this Contract, the said authority remains solely in the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment must be made in the contract terms and conditions, including cost/price.

The Administrative Contracting Office is:

TBD

Contracting/Agreement Officer USAID/South Sudan/OAA C/O 4420 Juba Place Washington, DC 20521-4420 Email: TBD

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

a) USAID/South Sudan shall provide technical oversight to the Contractor through the designated COR. The designated COR is TBD. A copy of the designation letter will be provided to the Contractor.

b) The designated COR is responsible for providing technical direction to the contractors, as well as fulfilling those duties and responsibilities as specified in the designation letter.

G.4 TECHNICAL DIRECTIONS/RELATIONSHIP WITH USAID

a) Technical Direction is defined to include:

1) Written directions to the Contractor which fill in details, suggest possible lines of inquiry, or otherwise facilitate completion of work.

2) Provision of written information to the Contractor which assists in the interpretation of drawings, specifications, or technical portions of the work statement.

3) Review and, where required, provide written approval of technical reports, drawings, specifications, or technical information to be delivered. Technical directions must be in writing, and must be within the scope of the work as detailed in Section C.

b) The COR is authorized by designation to take any or all action with respect to the following which could lawfully be taken by the Contracting Officer, except any action specifically prohibited by the terms of this Contract:

1) Assure that the Contractor performs the technical requirements of the contract in accordance with the contract terms, conditions, and specifications.

2) Perform or cause to be performed, inspections necessary in connection with a) above and require the Contractor to correct all deficiencies; perform acceptance for the Government.

3) Maintain all liaison and direct communications with the Contractor. Written communications with the Contractor and documents shall be signed as "Contracting Officer’s Representative" with a copy furnished to the Contracting Officer.

4) Issue written interpretations of technical requirements of Government drawings, designs, and specifications.

5) Monitor the Contractor's production or performance progress and notify the Contracting Officer in writing of deficiencies observed during surveillance and suggest appropriate action to affect correction. Record and report to the Contracting Officer incidents of faulty or nonconforming work, delays, or problems.

6) Obtain necessary security clearance and appropriate identification if access to Government facilities is required. If to be provided, ensure that Government furnished property is available when required.

LIMITATIONS: The COR is not empowered to award, agree to, or sign any contract (including delivery or purchase orders) or modifications thereto, or in any way to obligate the payment of money by the Government. The COR may not take any action which may impact the contract schedule, funds, scope or contractual requirements. All contractual agreements, commitments, or modifications shall be made only by the Contracting Officer.

c) In the absence of the designated COR, the Contracting Officer may designate someone to serve as COR in their place. However, such action to direct an individual to act in the COR's stead shall immediately be communicated to the Contractor.

d) Contractual Problems - Contractual problems, of any nature, that may arise during the life of the contract must be handled in conformance with specific public laws and regulations (i.e., Federal Acquisition Regulation and Agency for International Development Acquisition Regulation). The Contractor and the COR shall bring all contracting problems to the immediate attention of the Contracting Officer. Only the Contracting Officer is authorized to formally resolve such problems. The Contracting Officer shall be responsible for resolving legal issues, determining contract scope, and interpreting contract terms and conditions. The Contracting Officer is the sole authority authorized to approve changes in any of the requirements under this contract.

Notwithstanding any clause contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. These changes include but shall not be limited to the following areas: scope of work, price, quantity, technical specifications, delivery schedules, and contract terms and conditions. In the event the Contractor affects any changes at the direction of any other person other than the Contracting Officer, the change shall be considered to have been made without authority.

e) Failure by the Contractor to report to the Administrative Contracting Office, any action by the Government considered a change, within 3 days in accordance with FAR 52.243-7 (Notification of Changes), waives the Contractor's right to any claims for equitable adjustments.

G.5 PAYING OFFICE

The paying office for this contract is:

USAID/South Sudan/OFM Office of Financial Management 4420 Juba Place Washington, DC 20521-4420 E-mail: payablejuba@usaid.gov

Note: Electronic invoices are required and must be submitted to the email address above. The Final Invoice must be submitted to the Contracting Officer. No payment may be authorized without approval from the CO, in accordance with the payments clause.

G.6 ACCOUNTING AND APPROPRIATION DATA

[To be completed at time of award.]

[END OF SECTION G]

mailto:payablejuba@usaid.gov

SECTION H – SPECIAL PROVISIONS

H.1 LOGISTIC SUPPORT

The Contractor will be responsible for all administrative and logistic support required to fulfill the requirements of this contract in the U.S. and overseas.

H.2 GOVERNMENT FURNISHED FACILITIES OR PROPERTY

The Contractor and any employee or consultant of the Contractor is prohibited from using U.S.

Government facilities (such as office space or equipment) or U.S. Government clerical or technical personnel in the performance of the services specified in the Contract unless the use of Government facilities or personnel is specifically authorized in the Contract or is authorized in advance, in writing, by the Contracting Officer.

H.3 SUBCONTRACTING

Contractor must not subcontract with Government of South Sudan entities unless specifically approved in writing by the USAID Contracting Officer. If approved, USAID reserves the right to withdraw such approval if circumstances warrant.

H.4 VALUE ADDED TAX AND CUSTOMS DUTIES

VAT and customs duties should be excluded from the price of the contract. USAID will provide the Contractor correspondence to assist the Contractor in obtaining this exemption from the Government of South Sudan.

H.5 HUMAN RIGHTS VIOLATIONS AND SANCTIONS PROGRAM IN SOUTH SUDAN

a) WORKING IN SOUTH SUDAN - U.S. GOVERNMENT POLICY

Work under this contract must be consistent with U.S. Government’s (USG) policy toward South Sudan in effect and as notified by the Contracting Officer (CO) or the Contracting Officer’s Representative (COR) throughout the life of the award.

b) U.S. GOVERNMENT SANCTIONS

The Contractor must comply with all applicable U.S. Government sanctions, including those administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC) under Executive Order 13664, dated April 3, 2014 (South Sudan sanctions) and Executive

Order 13818 dated December 20, 2017 (Global Magnitsky sanctions). See also FAR Clause 52.225-13, Restrictions on Certain Foreign Purchases.

c) PRIOR APPROVAL FOR FUNDING OR SUPPORT TO ANY LEVEL OF GOVERNMENT

The Contractor must not provide funding or support under this contract to any level of government in the Republic of South Sudan, including the central government or state or local governments, without the prior written approval of the Contracting Officer.

This special contract requirement must be included in all subawards and contracts.

H.6 SEXUAL MISCONDUCT (DEC 2020)

a) USAID has a zero-tolerance policy for sexual misconduct with the goal of fostering a respectful, safe, healthy and inclusive work environment. USAID maintains policies and procedures to establish a workplace free of sexual misconduct as described in agency policy at ADS Chapter 113, Preventing and Addressing Sexual Misconduct.

b) USAID has developed two methods for receiving allegations of sexual misconduct:

USAID’s Unified Misconduct Reporting Portal, available on LaunchPad (launchpad.usaid.gov), and Service Desk, phone, (202) 712-1234. These are also available to the Contractor or its employee(s).

c) USAID may conduct administrative inquiries into allegations of sexual misconduct that occur within U.S. Government facilities or while the Contractor employee is performing services under the contract. The Contracting Officer will provide the results of any inquiry involving a Contractor employee to the Contractor, subject to federal law and USAID’s information disclosure policies. USAID retains the right to suspend or terminate a Contractor employee’s access to any systems and/or facilities for incidents of sexual misconduct.

d) The Contractor agrees to incorporate the substance of paragraphs (a) through (d) of this requirement in all subcontracts that may require Contractor employees to have routine physical access to USAID facilities.

H.7 COMPLIANCE WITH THE TRAFFICKING VICTIMS’ PROTECTION REAUTHORIZATION ACT

The U.S. Government may terminate this Contract, without penalty, if the Contractor or any subcontractor (i) engages in severe forms of trafficking in persons or has procured a commercial sex act during the period of time that the Contract is in effect, or (ii) uses forced labor in the performance of the Contract.

H.8 PROHIBITION OF ASSISTANCE TO DRUG TRAFFICKERS

USAID reserves the right to terminate this contract, to demand a refund or take other appropriate measures if the Contractor is found to have been convicted of a narcotics offense or to have been engaged in drug trafficking as defined in 22 CFR Part 140.

H.9 EXECUTIVE ORDER ON TERRORISM FINANCING (FEBRUARY 2002)

The Contractor is reminded that U.S. Executive Orders and U.S. law prohibits transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. It is the responsibility of the Contractor to ensure compliance with these Executive Orders and laws.

FAR 25.701 prohibits agencies and their contractors and subcontractors from acquiring any supplies or services from individuals or organizations, if any proclamation, Executive Order, Office of Foreign Assets Control (OFAC) regulations, or statute administered by OFAC would prohibit such a transaction. Accordingly, the Contracting Officer must check the U.S.

Department of the Treasury’s OFAC List to ensure that the names of the Contractor and proposed subcontractors (and individuals from those organizations who have been made known to them), are not on the list. Mandatory FAR clause 52.225-13 Restrictions on Certain Foreign Purchases is included by reference in Section I of this contract. By accepting this contract, the Contractor acknowledges and agrees that it is aware of the list as part of its compliance with the requirements of that clause. This clause must be included in all subcontracts issued under this contract.

H.10 LIMITING PLASTIC POLLUTION AND MISMANAGED WASTE (MAR 2020)

Environmental stewardship is a USAID priority, including preventing ocean pollution from mismanaged plastic waste. USAID seeks to model environmentally aware practices. As such, the Contractor is encouraged to use alternatives to disposable products to reduce environmental impacts. Further, the implementing partner should identify opportunities to support and highlight environmentally friendly, sustainable solutions during the course of implementation.

H.11 RESERVED

H.12 ELECTRONIC PAYMENTS SYSTEM

1) Definitions:

a) “Cash Payment System” means a payment system that generates any transfer of funds through a transaction originated by cash, check, or similar paper instrument. This includes electronic payments to a financial institution or clearing house that subsequently issues cash, check, or similar paper instruments to the designated payee.

b) “Electronic Payment System” means a payment system that generates any transfer of funds, other than a transaction originated by cash, check, or similar paper instrument, which is initiated through an electronic terminal, telephone, mobile phone, computer, or magnetic tape, for the purpose of ordering, instructing, or authorizing a financial institution to debit or credit an account. The term includes debit cards, wire transfers, transfers made at automatic teller machines, and point-of-sale terminals.

2) The Contractor agrees to use an electronic payment system for any payments under this award to beneficiaries, subcontractors, or grants under contracts, where applicable.

3) Exceptions. The Contractor is allowed the following exceptions, provided the Contractor documents its contract file with the appropriate justification:

a) Cash payments made while establishing electronic payment systems, provided that this exception is not used for more than six months from the effective date of this award.

b) Cash payments made to payees where the Contractor does not expect to make payments to the same payee on a regular, recurring basis, and payment through an electronic payment system is not reasonably available.

c) Cash payments to vendors below the micro purchase level as defined by FAR 2.101, or for Grants Under Contracts for less than $3000, when payment through an electronic payment system is not reasonably available.

d) The Contractor has received a specific written exception from the CO that a specific payment or all cash payments are authorized, based on the contractor’s written justification, which provides a basis and cost analysis for the requested exception.

4) More information about how to establish, implement, and manage electronic payment methods is available to contractors at https://solutionscenter.nethope.org/programs/c2e-toolkit.”

H.13 DISCLOSURE OF INFORMATION

a) Contractors are reminded that information furnished under this solicitation may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business, or contain trade secrets, proprietary, or personnel information must be clearly marked. Marking of items will not necessarily preclude disclosure when the U.S. Office of Personnel Management (OPM or the Government) determines disclosure is warranted by FOIA. However, if such items are not marked, all information contained within the submitted documents will be deemed to be releasable.

b) Any information made available to the Contractor by the Government must be used only for the purpose of carrying out the provisions of this contract and must not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract.

c) In performance of this contract, the Contractor assumes responsibility for protection of the confidentiality of Government records and must ensure that all work performed by its Subcontractors must be under the supervision of the Contractor or the Contractor's responsible employees.

d) Each officer or employee of…