Solicitation_Amendment2_CEOPAZ_Water_Project_El_Salvador_(Mod_Copy).docx

W912CL-17-R-0006

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00010 - SOLICITATION CONTRACT FORM

The required response date/time has changed from 23-May-2017 06:00 PM to 04-Jul-2017 06:00 PM.

CLIN 0006

The CLIN description has changed from Wells to Water Well Work.

The following have been modified:

BASIS OF AWARD

1. Basis of Award. The Government intends to award a contract resulting from this solicitation using the evaluation method “Lowest Price Technically Acceptable.” This method is appropriate when best value is expected to result from selection of the technically acceptable offer with the lowest evaluated cost/price. Offers will be evaluated for acceptability but not ranked using the non-cost/price factors. Evaluation factors that establish the requirements of acceptability are set forth below. Award will be made on the basis of the lowest evaluated price (excluding DBA) of proposals meeting or exceeding the acceptability standards for non-cost factors (FAR 15.101-2).

2. Evaluation Process. The evaluation process consists of three parts; 1) Technical, 2) Past Performance; and, 3) Price (price will be evaluated separately from technical evaluations). The Government will evaluate offers as follows.

First, the Government price evaluators will align all received offers by total offer price. Second, the Government price evaluators will select the three (3) lowest priced offers and send those three (3) complete offers without price to the technical evaluator(s). The technical (non-pricing) volume(s) of each of these three offers will be given to the Technical Evaluators for review, without identification of the prices or any rank order of prices. The Technical Evaluation Team will review these three Offers for technical acceptability. If any Offerors are determined to be technically acceptable from this group, the offeror with the lowest price technically acceptable offer will be awarded the contract. If no offers are found to be technically acceptable within this first group of three (3) offers, then the process described above will be conducted again, as many times as necessary, until such time as the Government identifies a technically acceptable offer.

3. Technical Evaluation. Technical Acceptability will include a review of each element in Factor 1-Technical. Each offeror’s response will be evaluated and rated on each criteria element. The technical evaluation will evaluate whether the offeror has proposed on all requirements outlined in the Statement of Work, and Attachment Material List Updated identified within this solicitation.

Technical criteria elements consist of the following elements:

1) Primary Component Material List (See Attached- Material List Updated)

· The Government will evaluate the following elements when evaluating the offeror’s Key Personnel:

The project engineer/architect and field and design engineers/architects shall have a bachelor’s degree in engineering/architecture and at least five (5) years of experience with projects of a similar type and magnitude. The project superintendent/foreman shall have at least three (3) years or three (3) projects of experience with projects of a similar type and magnitude. The Contractor’s quality control representative shall have at least five (5) years as a quality control inspector in the construction field.

In order for Factor 1-Technical to be rated acceptable, elements 1, 2, and 3 must be rated acceptable.

4. Past Performance. - Past Performance: The Government will evaluate the construction projects or contracts submitted in order to evaluate past performance. Past performance relates to how well a Contractor has performed on previous contracts. The Government may contact references to verify past performance. In order to be considered for award, the offeror’s past performance rating must be evaluated as acceptable. Offeror shall present evidence of the offeror’s and/or their sub-contractors past performance on at least two (2) similar projects. Past Performance from any of the sources listed under FAR 13.106-2(b)(3)(ii) may be used to evaluate past performance of prospective offerors.

Past Performance Evaluation Rating

Acceptable Rating - Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable Rating - Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Note - In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror shall not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance and will be considered “acceptable.”

5. Price Evaluation Process. The low offeror and the items to be awarded shall be determined as the offerer that provides the lowest overall price, excluding DBA Insurance. Price analysis will be performed IAW FAR15.404-1(b)(2) to make a fair and reasonable price determination. Pricing shall be evaluated for the entire amount of requested items. The contracting officer is responsible for the determination of price reasonableness. Price reasonableness is a judgment of the proposed price as compared to competitive prices received, current market conditions, Independent Government Cost Estimates (IGCE) historical prices, or information other than certified cost or pricing data or other relevant measures. The Government may utilize any one or a combination of these techniques to determine that prices are fair and reasonable.

6. Technical Merit Adjectival Rating. Any factor or sub-factor rated as “unacceptable” will result in an overall factor rating of “unacceptable”. The following is the Technical Merit Adjectival Rating Scheme for evaluation of Technical Proposal:

Acceptable – Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable – Proposal does not clearly meet the minimum requirements

INSTRUCTIONS TO OFFERORS

1. GENERAL: This procurement will be awarded as a Lowest Price, Technically Acceptable (LPTA) contract, considering past performance. The proposal will be evaluated in accordance with FAR 15.305. The Government intends to award a single contract without discussions with Offerors (except for clarifications as described in FAR 15.306(a)). Therefore, the initial offer should contain the Offerors best terms from a price and technical standpoint. Offerors should not assume that they will be afforded the opportunity to clarify, discuss, or revise their response. However, the Government reserves the right to request clarifications or request revised responses if later determined by the Contracting Officer to be necessary. The Government may reject any or all response if such action is in the public interest and/or waive informalities and minor irregularities in the submitted offers. The Government reserves the right to cancel this Request for Proposal (RFP) and make no award. By responding to this RFP and submitting a proposal in response to the RFP, the Contractor understands that the Government shall not be liable for any costs incurred by the Contractor in response to this RFP.

2. PROPOSAL SUBMISSION: The response to the RFP is to be submitted in the same currency that the offeror will use to invoice. The Offerors proposal shall be in the form prescribed by this solicitation and shall contain a response to each of the areas identified below in the. All responses shall be in English, legible and prepared in the following general format to be properly evaluated. Responses must be complete, self-sufficient, and respond directly to the requirements of this RFP.

a) Electronic Submission. The Offeror shall provide a copy of their proposal as an electronic file. The proposal shall be submitted via email to the Contract Specialist, Michael Gerbasi, at michael.e.gerbasi.mil@mail.mil and the Contracting Officer, Mr. Julio Cabrera, at julio.cabrera.civ@mail.mil before 6:00 PM USA Central Time (CST) on 4 July 2017. The Offeror must ensure that its proposal submission is readable and in the format specified in the solicitation. Any proposal received after the exact time specified for receipt will not be considered.

b) System for Award Management (SAM). All Offerors shall have an active registration in the System for Award Management (SAM’s) www.sam.gov to receive award of this contract.

3. AMENDMENTS/EXCEPTIONS:

a) Solicitation Questions. Solicitation information and amendments will be posted to the Federal Business Opportunities website at www.fbo.gov and via email to all those interested parties contacted via email by the Government. Questions are no longer accepted with this amendment.

b) Amendment. The Government reserves the right to revise or amend the specifications, drawings or both prior to and/or after the date set for receipt of proposals as necessary. Such revisions, if any, will be announced by an amendment or amendments to this RFP. All information relating to this RFP, including pertinent changes/amendments and information prior to the date set for receipt of proposal will be posted to the Federal Business Opportunities website at www.fbo.gov and sent out via email to all those interested parties contacted via email by the Government.

c) Exceptions. If the Offeror takes exception to any of the requirements specified in this solicitation, the Offeror shall clearly identify each such exception and include a complete explanation of why the exception was taken and what benefit it provides to the Government. All exceptions to the solicitation requirements (Sections 00010 through 00600) and supporting rationale shall be included in an addendum to the proposal and clearly labeled "Exceptions". An addendum is only required if the Offeror takes exception to any requirement in the solicitation. (The Addendum does not have a page limitation, but shall only include information relevant to exceptions taken to the solicitation requirements.) The Government will assume an Offeror takes no exceptions to any solicitation requirement if the Offeror does not submit an Addendum identifying exceptions. Offerors are advised that solicitation requirements are not necessarily negotiable and such exceptions may render an Offeror's proposal unacceptable and ineligible for award.

4. FORMAT AND CONTENT OF PROPOSAL: Each Offeror’s proposal shall be submitted as set forth below and all information shall be confined to the appropriate part to facilitate independent evaluation. Proposals, which do not include the requested minimum information, may be eliminated from further consideration at the Government’s discretion as non-compliant. Proposal Sections shall be labeled by section (i.e., Section I – Price, Section II – Materials List, Section III – Product Schedule, Section IV – Key Personnel and Experience, and Section V-Past Performance History).

Section I Price/Cost information and required documents. Offerors shall provide all price/cost information necessary to provide a meaningful basis for Government's analysis and evaluation of price/cost for the project set forth in Section 00100 of this solicitation. Prices shall include all related costs, i.e. profit, wages, transportation, etc. The Government is not, and does not intend on, requesting certified cost or pricing data. Offeror’s may be required during the evaluation process to provide sufficient price/cost information that will enable the Government to perform a meaningful evaluation. If an Offeror proposes an unusually low price, the Offeror should also provide rationale to justify the price.

A complete response shall consist of a price response, and a cover sheet. The Offeror shall provide its response with a cover sheet that contains the company’s name, address and telephone number, name and title of the person authorized to sign the contract and appropriate dollar threshold, offer validation period of 90 days.

To be considered responsible, an Offeror must be in compliance with FAR 9.104-1(a). To demonstrate this aspect of Responsibility, Offeror’s shall provide a bank reference from its bank with information of the Offeror’s financial standing (i.e., satisfactory accounts, outstanding loans, and line of credit.). Also, include a detailed plan of how the project will be financed, and a list of company owned equipment.

Offer and Section 00010 – Complete in its entirety the “Offeror” portion of the Standard Form (SF) 1442 blocks 14 through 20c on page 2 and contract line items 0001 through 0006 on pages 3 through 5.

Amendment(s) – Acknowledge by signing any amendments issued out during this solicitation. Amendments may also be acknowledged in block 19 of the SF 1442.

Section 00600 - Representations and Certifications- Insert the required certifications and representations and return only those shown in section 00600.

Section II Attachment Materials List. Complete this attachment by providing a detailed description of all infrastructure materials and products to be used for this project with its applicable pricing.

Section III Project Schedule. Offerors shall include in their technical proposal a complete project management schedule utilizing the Critical Path Method (CPM), Program Evaluation & Review Technique (PERT) or Gantt Chart showing major construction phases (i.e. site preparation, well drilling, trenching, electrical, plumbing, tank tower construction, elevated tank, storage tank, tests, paint, cleaning, training, final inspection and punch list corrections). These items will become part of the contract at award. Sufficient float time shall be incorporated in the schedule to account for down days due to inclement weather. Contractor shall include Quality Control (QC) inspections performed by QC representative at each worksite. The project schedule shall have expected completion dates, execution time of each phase, and a mid-point completion of project.

Section IV Key Personnel Qualifications and Experience. As stated in Section 1.5.13 of the Statement of Work, the Government has identified the following positions as key personnel:

Quality Control Representative Project Engineer/Architect Field Engineer/Architect Project superintendent/Foreman Any other engineers leading design (plans or calculations) efforts related to the project

Qualifications. Minimum qualifications for all key personnel are as follows:

The project engineer/architect and field and design engineers/architects shall have a bachelor’s degree in engineering/architecture and at least five (5) years of experience with projects of a similar type and magnitude. The project superintendent/foreman shall have at least three (3) years or three (3) projects of experience with projects of a similar type and magnitude. The Contractor’s quality control representative shall have at least five (5) years as a quality control inspector in the construction field.

Resumes. The Offeror shall submit resumes for Key Personnel. Offeror’s shall support key personnel with resumes that demonstrate depth and quality of relevant experience. Resumes should be current and updated within the past year. Each resume shall be limited to 4 pages and may be submitted in Spanish. Resumes shall be marked as Personally Identifiable Information (PII) in accordance with the Privacy Act requirements. Resumes shall include the relevant qualifications, background, experience, and accomplishments for all key personnel in sufficient detail to demonstrate the capability of such personnel to meet the qualification requirements identified in the Statement of Work, paragraph 1.5.13. The work history of each key person should contain experience directly related to construction work he/she is intended to perform under the proposed contract.

Resumes shall also include the labor position for which the individual is being proposed, level of security clearance, education (degrees and date of graduation, other schools and certificates, and training certifications).

All of the requirements of this section shall apply to the use of subcontractor personnel, as well as the prime contractor’s personnel.

Section V Past Performance History. Offeror shall submit at a minimum two (2) similar projects' past performance history relative in size and type to the work to be performed under this contract. Provide any information currently available (letters, customer surveys) which demonstrate customer satisfaction with overall job performance and quality of completed services. Past performance history submission shall not exceed 10 pages and may be submitted in Spanish.

1. RESPONSIBILITY OF OFFERORS:

Offerors must be financially responsible to perform the work described in this solicitation. At a minimum, each Offeror must meet the following requirements:

a) Have the necessary personnel, equipment and financial resources available to perform the work;

b) Have all licenses and permits required by local law. The Offeror shall determine whether performance requires registration with Salvadoran authorities or authorization to do business in El Salvador and, if so, shall comply with all requirements. Whether or not registration or authorization to do business is required, the Offeror also shall determine what documents or authorization its employees and any subcontractor employees must possess to work in El Salvador;

c) Meet all local insurance requirements;

d) Have no adverse criminal record;

e) Have no political or business affiliation which could be considered contrary to the interests of the United States;

f) Be able to read, speak and understand English;

g) The Offeror has been duly authorized to operate and to do business in El Salvador.

STATEMENT OF WORK

El Salvador Peace Keeping Operations Training Center Water Distribution System Upgrade Projects San Salvador, El Salvador

PART 1

1. GENERAL: Under this contract, the Contractor shall furnish all labor, transportation, equipment, materials, and any other items necessary to upgrade the existing water distribution system layout at the El Salvador Peace Keeping Operation Training Center (Centro de Entrenamiento y Operaciones de Paz (CEOPAZ)). The United States Government (USG) shall not exercise any supervision or control over the contractor performing the tasks herein. Any tasks provided under this contract are considered non-personal in nature.

1.1 Scope of Work: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to execute the terms of this SOW. The work shall comply with all applicable construction country and International Building codes. The Contractor shall provide design, specifications, and labor required to upgrade existing water distribution system at CEOPAZ. At this military installation, power, sewer and water utilities are available. It is the contractor’s responsibility to request and pay for these utilities during construction if directed by the COEPAZ commander. Contractor shall coordinate with El Salvador facility engineer or installation commander to arrange for the connections if needed. Work executed by the contractor shall include but is not limited to:

· Site preparation;

· Construction of elevated tank;

· Replace pump on existing water well

· Construction of tank tower;

· Construction of storage tank;

· Provision and installation of pipe lines, fittings, and accessories for tanks and distribution network;

· Required electrical fixtures, power lines, and transformer to upgrade exiting water distribution system;

· Provision and installation of ventilation system;

· Tanks painting;

· Training; and

· Any other related works.

Note: The Contractor shall verify all dimensions and/or quantities on site before providing proposal and commencing works. Provided quantities are approximated and it is the Contractor’s responsibility to verify these dimensions during the site visit. If discrepancies are found, contractor shall immediately notify the Contracting Office (KO). Structural license engineers shall approve the final tanks and tower designs. Civil engineer shall approve the water distribution system design.

1.2 Background: The project is part of Global Peace Operations Initiatives (GPOI) Program in support to the U.S Security Cooperation Office in El Salvador.

1.3 Objectives: The objective of this project is to upgrade existing water distribution system at El Salvador CEOPAZ. The completion of this project will improve peace operation training and increase their training capacity.

1.4 Required Delivery: The work shall begin within ten (10) days after the Contractor receives the Notice to Proceed (NTP), and the project shall be completed in 180 days or less from receipt of the NTP. This delivery time includes clean-up of the site area.

1.5 General Information:

1.5.1 Quality Control (QC): The Contractor shall develop and maintain an effective Quality Control Program (QCP) to ensure services are performed in accordance with this SOW and applicable regulations. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s QCP is the means by which the contractor assures that the work complies with the requirement of the contract. Contractor shall deliver the QCP to the Contracting Officer’s Representative (COR) and the KO for approval within 30 days of contract award. The Contractor shall have five (5) working days to submit any changes for COR and KO acceptance.

1.5.2 Quality Assurance (QA): The Government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the USG must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.5.4 Hours of Operation: The Contractor shall execute work within the CEOPAZ normal hours of operation. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this SOW. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.5.5 Place of Performance: The work to be performed under this contract will be performed at the CEOPAZ, El Salvador. Coordinates for this site are 13°46'19"N 89°22'26"W. Prior to the commencement of work, access to the installation shall be coordinated with CEOPAZ officials.

1.5.6 Security Requirements: The Contractor and/or associated subcontractor employees shall comply with applicable site access and local security policies and procedures.

1.5.6.1. Physical Security: The contractor shall be responsible for safeguarding all construction materials and equipment.

1.5.6.2 Background Checks. At the time of award of the contract or when hiring new contract workers, the Contractor shall ensure contractor employees and subcontractor employees performing services under this contract have passed a security check done by the Host Nation Police Department of their residence or the State Police Department of their U.S. residence. Security checks that have been completed as part of a security clearance background investigation, or a previous background check that was a condition of employment, meet this requirement. Documentation of these checks shall be made available to the KO upon request. The USG retains the right to exclude any employee from performance of duties under this contract if a security check reveals information an employee is a security risk. The exclusion of an employee for security reasons will not relieve the Contractor from performance required under this contract. If the USG determines additional background checks are required, at a minimum, and upon request from the USG, the Contractor shall provide to the KO, the following information on any contractor or subcontractor employee performing services under this contract:

· Full birth name

· Married name (if applicable)

· SSN or local equivalent (ID card number)

· Date of birth

· Place of birth (city, country)

1.5.6.2.1 If a background check on any employee performing under this contract, whether the check was conducted as a condition of employment or as part of the contract with the USG, reveals any information from any source (including host country law enforcement) of criminal activity by Contractor employees, subcontractors, or subcontractor employees, the Contractor shall immediately:

· Notify the KO of that information; and

· Any actions taken against Contractor employees, subcontractors, or subcontractor employees pursuant to this clause.

1.5.6.2.2 The Contractor shall also immediately-

· Notify the KO of any suspicious activity by Contractor employees, subcontractors, or subcontractor employees the Contractor believes may pose a risk to U.S. or host nation national security or imminent risk of deadly bodily harm to any person;

· Notify the KO of any actions taken against Contractor employees, subcontractors, or subcontractor employees pursuant to this clause.

1.5.6.2.3 Remedies. In addition to other remedies available to the USG, the Contractor's failure to comply with the requirements of this paragraph may result in-

· Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;

· Requiring the Contractor to terminate a subcontract;

· Suspension of contract payments;

· Termination of the contract for default, in accordance with the termination clause of this contract; or

· Suspension or debarment.

1.5.6.2.4 Subcontracts. The Contractor shall include the substance of paragraph 1.5.6.2 in all subcontracts.

1.5.6.3 Installation Access. Contractor and all associated sub-contractor employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures. The employee performing services under this contract shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services, Security Office or the host nation equivalent.

1.5.6.4 Vetting. The Contractor and all associated sub-contractor companies, must have been vetted by the US Embassy in the country which the contract will be performed. For the purposes of this contract, the company is considered vetted if the company is located in the country which the contract will be performed unless the company has been previously barred from performing services for the USG. If during a previous vetting process the company was barred from performing service for the USG, then that is grounds for termination of the contract. If the company is located outside of the country which the contract will be performed, the company must be vetted by the US Embassy in the country of performance. Vetting will be coordinated through the US Embassy's DOD Security Cooperation Office in the country of performance. If during any previous vetting process in other countries, the company was barred from performing services for the USG; that is grounds for termination of the contract.

1.5.6.5 Operations Security. Not Applicable

1.5.6.6 Advertisement and Social Media. Not Applicable

1.5.6.7 Medical. Contractor shall ensure that all contractor employees and subcontractor employees are medically, dentally, and psychologically fit for performance of their contracted duties.

1.5.7 Travel Requirements. No travel is authorized or required under this contract.

1.5.8 Training Requirements. All U.S. citizen or resident, and third country national (TCN) contractor personnel must comply with the training requirements listed in the Electronic Foreign Clearance Guide (FCG) at https://www.fcg.pentagon.mil/fcg.cfm Verification of the training will be made available to the Government Representative upon request. Additionally, they must receive personal security training that includes at a minimum:

· Safety and security issues facing employees within the USSOUTHCOM AOR.

· Identifies safety and security contingency planning activities.

· Identifies ways to utilize safety and security personnel and other resources appropriately.

1.5.9 Medical Travel Requirements. All U.S. citizen and TCN contractor and sub-contractor personnel traveling into the USSOUTHCOM AOR from outside the USSOUTHCOM AOR must meet the medical screening requirements established by the USSOUTHCOM Commander in the Medical Suitability Screening Regulation (SC Reg 40-501), as well as the requirements identified in FORCE HEALTH PROTECTION (FHP) GUIDANCE FOR DEPLOYMENT in the USSOUTHCOM AOR or their successors and follow immunization and health protection guidelines outlined therein. All immunizations must be obtained prior to traveling to the USSOUTHCOM AOR. U.S. citizen and TCN contractor and sub-contractor personnel traveling from a country outside of the USSOUTHCOM AOR must travel into the USSOUTHCOM AOR with a current copy of the Public Health Service Form 791, “International Certificate of Vaccination”. In addition, U.S. citizen and TCN contractor and sub-contractor personnel traveling to the USSOUTHCOM AOR are required to be beneficiaries of a medical evacuation plan and service through an insurance plan provided by their employer or paid for individually.

1.5.10 DNA Samples. The Contractor shall collect a DNA record for all U.S. citizen contractor and sub-contractor personnel traveling to the USSOUTHCOM AOR and shall have arrangements for storage of the DNA referenced specimen through a private facility or arrange for the storage of the specimen by contacting the Armed Forces Repository of Specimen Samples for the Identification of Remains (AFRSSIR) at http://www.afmes.mil/index.cfm?pageid=afdil.afrssir.overview or phone: (302) 346-8800. In addition, U.S. citizen contractor and sub-contractor personnel shall comply with the requirements of DoDI 3020.41, Enclosure 3, para 8.b., or its successor.

1.5.11 Post Award Conference/Periodic Progress Meetings. The Contractor shall attend the pre-construction conference and any post award conferences convened by the KO IAW Federal Acquisition Regulation (FAR) Subpart 42.5. The KO and COR, with other USG personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the KO will apprise the contractor of how the USG views the contractor's performance and the contractor shall apprise the USG of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the USG.

1.5.11.1 The Project Engineer/Architect may be required to meet at least weekly with the KO and/or the COR during the first month of construction and then as required throughout the period of performance. The Contractor shall be responsible for keeping minutes of these meetings. The written minutes of these meetings shall be signed by the Project Engineer/Architect and any other individuals in attendance, and be submitted to the KO for approval. Minutes are due 10 days after meeting concluded.

1.5.12 Contracting Officer Representative (COR). The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and approves progress payments on a monthly basis and notifies both the KO and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.5.13 Key Personnel. The following personnel are considered key personnel by the government: The quality control representative, the project engineer/architect, field engineer/architect, project superintendent/foreman and any other engineers leading design (plans or calculations) efforts related to the project.

Minimum qualifications for all key personnel are listed below: The project engineer/architect and field and design engineers/architects shall have a bachelor’s degree in engineering/architecture and at least five (5) years of experience with projects of a similar type and magnitude. The project superintendent/foreman shall have at least three (3) years or three (3) projects of experience with projects of a similar type and magnitude. The Contractor’s quality control representative shall have at least five (5) years as a quality control inspector in the construction field.

The Contractor shall provide sufficient number of personnel, properly trained and qualified (i.e. civil engineer, architect, geotechnical engineer, electrical engineer, certified electricians and foremen), to perform the requirements of this contract at the worksite location. All non-laborer Contractor employees on this project shall maintain a proficiency license from the El Salvador.

The Contractor shall provide to the KO and COR the phone numbers of the Project Engineer/Architect and alternate(s), Field Engineer/Architect and Superintendent/Foreman to be available during duty and non-duty hours (to include evenings, holidays, and weekends) within fifteen (15) days of contract award.

1.5.13.1 Project Engineer/Architect Superintendent/Foreman.

1.5.13.1.1 The Contractor shall provide a Project Engineer/Architect who shall be a licensed engineer or architect and responsible for the performance of all work. The name of this person and an alternate(s), who shall act on behalf of the Contractor when the Project Engineer/Architect is absent, shall be designated in writing to the KO at least ten (10) days after contract award. The project engineer/architect shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The project engineer/architect or alternate shall be available during the regular workday.

The Project Engineer/Architect shall be responsible for overall management and coordination of this contract; directing the onsite work; acquiring materials; resolving construction issues; and providing information about work progress to the KO and COR. The Project Engineer/Architect shall be highly knowledgeable of the project progress and have a good working knowledge of Spanish to be able to communicate effectively. By Good Working Knowledge the employee should be able to read/speak Spanish and understand agency regulations, operating instructions, memoranda, and related material concerning the field of work, to prepare correspondence and standardized reports, and to communicate effectively with Spanish speaking staff members and the general public, including both Spanish speaking and non-Spanish speaking persons, to include English.

1.5.13.1.2 The Field Engineer/Architect and Superintendent/Foreman shall be designated in writing to the KO at least ten (10) days after contract award. These key personnel shall be physically present at the worksite when work is being performed at the site.

1.5.13.2 Personnel Listing.

1.5.13.2.1 After the NTP, the Contractor shall have ten (10) days to submit to the KO a list of workers and Project Managers assigned to work at CEOPAZ (Biographic Data on Personnel). Required information for each individual on the personnel list for CEOPAZ shall include:

Full Name Place and Date of Birth Current Address Identification number

1.5.13.2.2 Failure to provide any of the above information may be considered grounds for rejection and/or re-submittal of the application(s).

1.5.14 Identification of Contractor Employees: Contractor’s personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.5.14.1 Contractor Travel. Contractor Travel is not required nor authorized for the performance of this contract.

1.5.14.2 Other Direct Costs. Not applicable.

1.5.15 Data Rights. The U.S. Government has unlimited rights to all documents/materials produced under this contract. Any documents, designs, drawings, study and test outcomes, survey maps, belong to the U.S. Government and shall be turned over to the COR upon completion of the project. All documents and materials produced under this contract shall be US Government owned and are the property of the US Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the KO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.5.16 Laws and Regulations.

1.5.16.1 Compliance Required. The Contractor shall, as a minimum, and without additional expense to the USG, be responsible for complying with all El Salvadoran laws, codes, ordinances, and regulations applicable to the performance of the work, including those lawful orders of any governmental authority having jurisdiction. In the event that El Salvadoran law or regulation does not exist for a particular event, then the International version of at least equal coverage will apply. In the event of a conflict between the contract and such laws, regulations and orders, the Contractor shall promptly advise the KO of the conflict and of the Contractor's proposed course of resolution.

1.5.16.2 Labor, Health and Safety Laws. The Contractor shall comply with all local labor laws of El Salvador, regulations, customs and practices pertaining to labor, safety, and similar matters, to the extent that such compliance is not inconsistent with the requirements of this contract. The practices outlined in the El Salvador regulation “Normatividad Salud Ocupacional y Seguridad Industrial” are the minimum acceptable standards. The Contractor is responsible for training all personnel on fire and safety hazards. Contractor personnel in the performance of their duties shall immediately report fire hazards, safety hazards and unsafe conditions to their supervisor. In the event that El Salvadoran law or regulation does not exist for a particular event, then the U.S. version that covers that particular event will be specified in the particular section of this SOW.

The Contractor and their subcontractors shall comply with El Salvadoran safety regulations and laws. Where project activities are not governed by El Salvadoran regulation, the contractor shall comply with international safety and health requirements.

1.5.17 Licenses and Permits.

1.5.17.1 Contractor Licenses and Permits. The Contractor shall, at no additional cost to the USG, obtain all licenses and permits required for performance of work. Contractor shall comply with all applicable national, regional, and local El Salvadoran laws, rules, and regulations. The Contractor shall submit proper documentation and evidence satisfactory to the KO demonstrating compliance with this requirement when directed by the KO.

1.5.17.2 Subcontractor Licenses and Permits. The Contractor shall inform the KO in writing that all subcontractors and others performing work at CEOPAZ worksite have obtained all requisite licenses and permits. The Contractor shall submit a copy of the licenses and permits to the KO demonstrating compliance with this requirement when directed by the KO.

1.5.18 Environmental Protection.

1.5.18.1 In order to present and provide for abatement and control of any environmental pollution arising from the activities in the performance of this contract, the Contractor shall comply with all applicable pollution control and abatement policies, and all applicable provisions of the El Salvadoran Codes and Military Base regulations/laws.

1.5.18.2 Environmental protection action required by this section shall consist of furnishing all labor, materials, and equipment and performing all work required for the abatement and prevention of pollution during and as the result of construction operations under this contract. For the purpose of this specification, environmental pollution is defined as the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances; detrimentally impact on biological species and/or their habitat; or degrade the aesthetic and recreational value of the area.

1.5.18.3 The Contractor shall not pollute storm or sewer lines; or swales with fuels, oils, bitumen, calcium chloride, acid, construction wastes; or other harmful materials. It is the responsibility of the Contractor to investigate and comply with all applicable El Salvadoran laws concerning pollution of river and streams. All work under this contract shall be performed in such a manner that objectionable conditions shall not be created in streams through or adjacent to the project areas.

1.5.18.4 Waste material is defined as any material for which no use or reuse is intended and which is to be discarded. Disposal of hazardous waste, containers or components thereof, shall be in a hazardous waste disposal site only and no other location shall be utilized for such disposal. Only hazardous waste sites which are permitted by the US Environmental Protection Agency (EPA), and/or the Government of El Salvador shall be utilized for such disposal actions. Contractor shall coordinate with El Salvadoran environmental agencies for disposal/storage activities. The Contractor shall maintain all required documentation related to hazardous material use and waste disposal in accordance with the Government of El Salvador regulations and requirements.

1.5.19 Personnel Safety. The Contractor shall ensure the safety of their personnel in accordance with El Salvadoran law section Normatividad Salud Ocupacional y Seguridad Industrial. The Contractor shall immediately correct all safety deficiencies upon notification of such deficiencies by the KO/COR and shall notify the KO/COR of the corrective action taken. The Contractor shall be responsible for the safety of their workers and all visitors at each work site; and ensure that all personnel are wearing appropriate safety gear at all times (i.e. safety glasses, helmet, harness, gloves, and safety shoes).

1.5.19.1 Accident Protection (AP) and Emergency Medical Treatment (EMT). The Contractor shall have personnel licensed by the El Salvador government to be trained and capable of dealing with minor personnel injuries. The personnel shall be qualified to provide first aid in case of emergency. The number of AP and EMT shall be sufficient to care for the number of employees at the site in the case of an emergency.

1.5.19.2 All work crews, Contractor management personnel, the KO and COR shall be provided with information pertaining to the Contractor's arrangements for emergency medical treatment five (5) days after the NTP. This information shall include the following:

1.5.20 Marking of Work Zones. The Contractor shall mark all work zones using two lines of plastic yellow security ribbon. Yellow security ribbons shall be 8 cm wide and supported on stable wood stakes. Likewise, the project excavation or high accident risk zones shall be signaled with warning signs or fences as protective measurements by the Contractor.

1.5.21 Construction Operations and Storage Areas.

1.5.21.1 Confinement to Authorized Areas. The Contractor shall confine all operations (including storage of materials) on to the CEOPAZ’s premises. USG agencies shall have access to the premises for official fire, safety, and security inspections and/or to conduct site visits as authorized by the KO.

1.5.21.2 Access to Contractor’s Storage Yard. The Contractor shall only store materials and equipment at a designated location in CEOPAZ. The specific worksite location will be coordinated with the CEOPAZ officials during the pre-construction conference or at a later date.

1.5.22 Contractor Vehicles.

1.5.22.1 Vehicular Access. The Contractor shall, and in accordance with any regulations specified by the municipal and CEOPAZ authorities, use only established site entrances and roadways at the worksite locations.

1.5.22.2 Vehicle list. The Contractor shall provide a list of all vehicles used in the performance of this contract to include vehicle description, valid vehicle registration number, and identification ID card numbers to the KO within ten (10) days after the NTP and update as the changes occur. ID information will be used by the installation to verify credentials and issue access permits. Contractor shall coordinate with the CEOPAZ security office to access installations.

1.5.23 Unforeseen Conditions: The Contractor shall conduct aerial, surface, underground or embedded interference survey to avoid damage to pipes, boxes, cables, utility poles, hoses, wells or other elements in the work area. The Contractor shall properly document existing conditions prior to commencement of work IAW FAR 52.236-2 by taking photos and having a CEOPAZ official walk the work site. Contractor shall formalize the existing conditions in a report with an official memo. This report and official memo shall be signed by the CEOPAZ official, contractor, KO, and COR. Existing condition report shall be provided within 30 days after contract is awarded.

PART 2

2. DEFINITIONS AND ACRONYMS:

2.1 Definitions.

2.1.1 Calendar Days. Any reference in the Statement of Work to “days” refers to calendar days, rather than business days, unless otherwise specified.

2.1.2 Contractor. A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

2.1.3 Contracting Officer (KO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.4 Contracting Officer's Representative (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.5 Defective Work. A task output that does not meet the standard of performance associated with the SOW.

2.1.6 Deliverable. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.7 Key Personnel. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the SOW. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.8 Physical Security. Actions that prevent the loss or damage of Government property.

2.1.9 Quality Assurance (QA). The Government procedures to verify that tasks being performed by the Contractor are performed according to acceptable standards.

2.1.10 Quality Assurance Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

2.1.11 Quality Control (QC). All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.12 Subcontractor. One that enters into a contract with a prime Contractor. The Government does not have privity of the prime’s contract with the Subcontractor.

2.1.13 Third Country National (TCN). A TCN is defined as any person, regardless of citizenship, who travels into the USSOUTHCOM AOR from outside of the USSOUTHCOM AOR. This includes personnel who are citizens of the country where performance of the contract is being conducted, but reside outside of the USSOUTHCOM AOR.