RFP_W912CL17R0007.doc

Section 00010 - Solicitation Contract Form

Demolition and Disposition of Material

FFP

Contractor shall demolish the existing building and disposed of all materials as stated in paragraph 5.2, other applicable paragraphs of the Statement of Work, applicable Technical Exhibit(s).

FOB: Destination

PURCHASE REQUEST NUMBER: 0010995075

NET AMT

School Construction

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items services necessary to construct a new school building at the Maud Williams School in Belize City, Belize in accordance to the Specifications of the Statement of Work, and applicable Technical Exhibit(s).

NET AMT

Defense Base Act Insurance

Refer to paragraph 4.12 of the Statement of Work and FAR 52.228-3. The estimated amount will be adjusted throughout the contract period as necessary using projected and actual labor expenditures. The contractor shall be reimbursed for reasonable, allowable, and allocable DBA insurance costs upon submission of proof of payment of the insurance provider. If applicable, the US Department of Treasury Rates of Exchange will be used to convert the payment(s) into US Dollars on the date payment was made

NET AMT

Furniture First Story - Option 1

This may or may not be awarded. The Government has six (6) months from the time of award to exercise this line item. The contractor shall provide and install the furniture and appliances listed under paragraph 5.9 of the Statement of Work and Attachment - Price Breakdown Worksheet - Material List.

NET AMT

Equipment First Story - Option 2

This may or may not be awarded. The Government has six (6) months from the time of award to exercise this line item. The contractor shall provide and install the equipment listed under paragraph 5.10 of the Statement of Work and Attachment - Price Breakdown Worksheet - Material List.

NET AMT

Furniture Second Story - Option 3

This may or may not be awarded. The Government has six (6) months from the time of award to exercise this line item. The contractor shall provide and install the furniture and appliances listed under paragraph 5.9 of the Statement of Work (SOW), and Attachment - Price Breakdown Worksheet - Material List.

NET AMT

Equipment Second Story- Option 4

This may or may not be awarded. The Government has six (6) months from the time of award to exercise this line item. The contractor shall provide and install the equipment listed under paragraph 5.10 of the Statement of Work and Attachment - Price Breakdown Worksheet - Material List.

NET AMT

Section 00100 - Bidding Schedule/Instructions to Bidders

STATEMENT OF WORK

STATEMENT OF WORK (SOW)

MAUD WILLIAMS SCHOOL CONSTRUCTION

BELIZE CITY, BELIZE, C.A.

2 June 2017

PART 1

1. GENERAL: Under this contract, the Contractor shall furnish all labor, transportation, equipment, materials, and any other items necessary to construct classrooms at Maud Williams School in Belize City. Contractor shall construct two-story school building and provide a foundation capable of supporting a third story (to be built by others). As Options, contractor shall provide cost estimate for the following: furniture for first and second story and equipment for first and second story.

The work shall comply with all applicable construction country and International Building codes (IBC) in Section 6 of this SOW. The Contractor shall obtain all required construction permits and shall conduct a site visit to verify details and the scope of work. Only the Contracting Officer (KO) has authority to make changes to any contract resulting from the solicitation of this project, including but not limited to increases, decreases, time extensions, and changes in prices. The USG shall not exercise any supervision or control over the contract providers performing the tasks herein. Any tasks provided under this contract are considered non-personal in nature.

1.1 Scope of Work: Under this contract, the Contractor shall furnish all labor, transportation, equipment, materials, and any other items and services necessary to demolish an existing two-story school building, and construct a new two-story school building in the same location. The school construction work will include preliminary work, total of 4 student bathrooms, 2 staff bathrooms, 3 administrative offices, 1 staff break room, 1 conference room, 2 storage areas, 1 janitors closet, 1 electrical closet, 1 computer lab, 1 science lab, 1 food and nutrition classroom, 1 clothing and textile classroom, 1 drafting classroom, 1 electrical classroom, elevated water tank and reserve cistern, and landscaping in accordance with (IAW) the Statement of Work (SOW) and Technical; Exhibit 2 and 3, School Designs. Any services provided under this contract are considered non-personal in nature. 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 statement of work. The Contractor shall provide soil study, geotechnical study, validation of foundation design, and labor required for the construction of the school complex. The school complex shall be constructed of concrete masonry unit (CMU) blocks and reinforced concrete. At this location power, water, and sewer utilities are available, and it is the contractor’s responsibility to identify the location of the utility to connect to, make all necessary connections, and request and pay for these utilities. The Contractor shall coordinate with the local authorities of Belize City to arrange for the connections if needed. Work executed by the contractor shall include the followings plus any other related works for the construction of the school building.

· Demolition of existing classrooms;

· Site preparation (i.e. cut, fill, level, drainage);

· Construction of school complex;

· Construction of required bathrooms (general and professors);

· Provision of required furniture and equipment (as an option); and

A licensed structural engineer shall approve the foundation designs. A geotechnical engineer shall conduct and approve soil study results and recommendations. Electrical and mechanical engineers shall review and approve electrical load requirements, testing, and other related works.

The Contractor and their sub-contractors shall comply with Belizean Safety regulations and laws. Where project activities are not governed by Belizean regulation, the contractor shall comply with safety and health requirements as established by the U.S. Army Corps of Engineers EM 385-1-1, Safety and Health Requirements Manual.

1.2 Background: The project is part of U.S. Southern Command (USSOUTHCOM) Humanitarian Assistance Program in support to the Belizean Security Cooperation Office.

1.3 Objectives: The objective of this project is to improve the local government by having the ability of emplacing them on the face of every project or civic action in the future. This will help the local government to provide basic needs to their people. There is an existing two-story school building that is in poor condition and has some structural deficiencies.

1.4 Required Delivery: The work shall begin within 5 calendar days after the Contractor receives the award, and the project shall be completed in 360 calendar days after the Notice to Proceed or less from receipt of contract award. The 360 day period includes the time for mobilization, demobilization, and 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 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 quality control program is the means by which he assures himself that his work complies with the requirement of the contract. Contractor shall deliver a Quality Control Plan (QCP) to the Contracting Officer’s Representative (COR) and Contracting Officer (KO) for approval within 30 days of contract award. The Contractor shall have 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. This plan is primarily focused on what the Government 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).

1.5.3 Recognized Holidays. The Contractor is not required to perform work on Belizean holidays. Following is a list of approved Belizean holidays:

Jan 1

New Year's Day

Mar 7

National Heroes and Benefactors Day

Mar 25

Good Friday

Mar 26

Holy Saturday

Mar 28

Easter Monday

May 2

Labor Day

May 23

Sovereign’s Day

Sep 10

St. George’s Caye Day

Sep 21

Independence Day

Oct 10

Pan American Day

Nov 19

Garifuna Settlement Day

Dec 26

Christmas Day

Dec 27

Boxing Day

1.5.4 Hours of Operation. The Contractor is responsible for developing a work schedule with the School superintendent and or the Ministry of Education that allows completion of all items of work, to include connection of utilities and cleanup of the site area, within the allowed timeframe notated in section 1.4. Work hours are Monday thru Friday from 07:00 a.m. to 17:00 p.m. subject to coordination with the school Superintendent. The contractor is not required to work on Belizean holidays or when the local Government facilities are closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this SOW when the Government facility is not closed. 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 Maud Williams School located on Dolphin St between Racoon St and Iguana St in Belize City, Belize, C.A. Prior to the commencement of work, access to the site will be coordinated with the following point of contacts:

POC:

Mr. Lloyd Flowers

Senior Civil Works Supervisor

Building & Maintenance Unit

Ministry of Education.

Phone: 504-203-1762/504-223-6018

Email: lflowersbz@yahoo.com

1.5.6 Type of Contract. The Government plans to award a Firm Fixed-Price contract for this requirement. Federal Acquisition Regulation (FAR) clause 52.211-12 Liquidated Damages – Construction is included in this contract.

1.5.7 Security Requirements. The Contractor and/or associated sub-contractor employees shall comply with applicable site access and local security policies and procedures.

1.5.7.1 Background Checks. At the time of award of the contract or when hiring new contract workers, the Contractor shall ensure contractor employees and sub-contractor employees performing services under this contract have passed a security check done by the Host Nation and Security Force at the local government. 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 will be made available to the COR upon request. The Government 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 of services required under this contract. If the Government determines additional background checks are required, at a minimum, and upon request from the Government, the Contractor shall provide to the COR, the following information on any contractor or sub-contractor employee performing services under this contract:

Full birth name

Married name (if applicable)

Social Security Number or local equivalent (ID card number)

Date of birth

Place of birth (city, country)

1.5.7.2.2 Background Check Results. If a background check on any employee performing services under this contract, whether the check was conducted as a condition of employment or as part of the contract with the Government, reveals any information from any source of criminal activity by Contractor employees, sub-contractors, or sub-contractor employees, the Contractor shall immediately notify the KO and COR of that information. The Contractor shall make notification of:

(A) Traffic violations, other than parking, will be reported to the KO or COR only if the contract is for drivers for the Government;

(B) Any suspicious activity by Contractor employees, sub-contractors, or sub-contractor 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; and

Any actions taken against Contractor employees, sub-contractors, or sub-contractor employees pursuant to this requirement.

1.5.7.2.3 Remedies. In addition to other remedies available to the Government, 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.

1.5.7.2.4 Subcontracts. The Contractor shall include the substance of this paragraph in all subcontracts.

1.5.7.5 Identification. If required by the Government, contract personnel and all associated sub-contractors employees accessing U.S. facilities or activities, shall present a valid picture ID provided by the Government while accessing Government owned or contracted facilities and shall adhere to facility security policies and restrictions. If applicable, Government issued access badges will not be worn outside designated facility where visible to the general public.

1.5.7.6 Vetting. The Contractor’s company and all associated sub-contractor’s companies must have been vetted by the U.S. 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 Government. If during a previous vetting process the company was barred from performing service for the Government, 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 U.S. Embassy in the country of performance. Vetting will coordinated through the U.S. 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 Government that is grounds for termination of the contract.

1.5.7.7 Operations Security. If the contractor, or a sub-contractor, or employees of either disclose any information that disrupts or harms the Government's operations or activities, then the Government retains the right to exclude any employee from performance of duties under this contract. The exclusion of an employee for security reasons will not relieve the Contractor from performance of services required under this contract. By way of example, personnel shall not sketch or take photos of government facilities or activities, unless related to service to be provided. Personnel shall not post or discuss government facility activities on any unauthorized public access media. All government paper products and removable digital storage material that is received, generated, or stored during the contract will be destroyed completely when no longer needed to preclude recognition of information.

1.5.7.8 Government Information. The Contractor shall take appropriate security measures to protect Government critical and sensitive information. Contractor shall not disclose specifics of services to unauthorized personnel. Contractor will provide sub-contractors only required specifics to accomplish services and/or products delivery.

1.5.7.9 Information Disclosure. Neither the Contractor nor the Contractor’s personnel shall disclose, or cause disclosure of any information concerning DoD operations and activities which could result in, or increase the likelihood of, the possible breach of the activity’s security or interrupt the continuity of DoD operations. Unauthorized disclosure of and/or failure to properly safeguard information, material, equipment, supplies, or proprietary data by the Contractor may subject the Contractor, its agent(s), or employees to criminal liability.

1.5.7.10 Advertisement and Social Media. The contractor shall NOT post information to public website or social media locations, personal or professional, that in any way disclose conference names, locations, hotel data, conference participants, discussions, pictures, etc. before, during or after the conference without the express consent of the Government. The use of propaganda violates DOD Commercial Use of Imagery Guidelines stated at (http://www.defenseimagery.mil/products/DODimagery/commercialuse.html). The Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.) obtained through this contract on any marketing tools to include its company website.

1.5.7.11 Medical: Contractor shall ensure that all Contractor employees and sub-contractor employees are medically, dentally, and psychologically fit for performance of their duties. All U.S. citizen and TCN contractor and sub-contractor personnel 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.

1.5.7.12 Security Clearance: A security clearance for contracting personnel is not required for this project. Contractor personnel will not be accessing any restricted areas to accomplish this task.

1.5.7.13 Anti-Terrorism (AT) Awareness Training for Contractor Personnel Traveling Overseas. Upon award of the contract, or within 30 days of employment of new personnel performing services under this contract, the Contractor will coordinate with the supporting Department of Defense Agency AT Officer through the COR or KO, for Area Of Responsibility specific AT awareness training for U.S. based Contractor employees and associated sub-contractor employees. This training will be updated as required by the supporting installation AT policies. Verification of the training will be made available to the COR or KO upon request.

1.5.7.14 Foreign (OCONUS) Requirements. All U.S. citizen or resident, and TCN contractor personnel not normally residing in the USSOUTHCOM AOR, must comply with the training requirements listed in the Foreign Clearance Guide (FCG). Verification of the training shall be made available to the COR or KO upon request. Additionally, they must receive personal security training that includes at a minimum:

(a) Safety and security issues facing employees within the USSOUTHCOM AOR,

(b) Identifies safety and security contingency planning activities, and

(c) Identifies ways to utilize safety and security personnel and other resources appropriately.

1.5.7.15 Theater and Country Clearance Requirements. Contractor shall ensure all U.S. citizen or U.S. resident contractor employees and sub-contractor employees performing services under this who are traveling in the USSOUTHCOM AOR follow the requirements identified in the electronic Foreign Clearance Guide (FCG) at https://www.fcg.pentagon.mil/fcg.cfm and must have all necessary passports, visas, and other documents required to enter, exit, or work in the USSOUTHCOM AOR; must have the appropriate DOD identity credential(s); must have the appropriate special area, country, and theater clearance as required in DOD Directive 4500.54E.

1.5.7.16 Deoxyribonucleic Acid (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.

1.5.8 Physical Security: The Contractor shall be responsible for safeguarding all government equipment, information and property provided for Contractor use. At the end of each work day, if applicable, all government facilities, equipment, and materials shall be secured. The Contractor shall be responsible for safeguarding all equipment and materials. Further, at the end of each work day, all storage facilities, contractor equipment, and materials shall be secured/

1.5.8.1 U.S. Government Critical and Sensitive Information. Contractor and workforce shall take appropriate security measures to protect U.S. Government critical and sensitive information. The Contractor shall not disclose specifics of the project to unauthorized personnel. Contractor shall provide their sub-contractors with only the required information to enable them to accomplish project delivery. All work related paper products and removable storage material that is received, generated, or stored during the contract shall be completely destroyed when no longer needed. Site access badges will not be worn outside of the Government facility where visible to the general public. The Contractor and workforce personnel shall not sketch or take photos of Government facilities or activities, unless directly related to service to be provided. The Contractor shall not post or discuss government facility activities on any unauthorized public access media. The Contractor shall immediately report suspicious activities to security personnel.

1.5.8.1.1 Site Access. The site is in Belize City and there is a sufficient road network for the contractor to access the site.

1.5.9 Post Award Conference/Periodic Progress Meetings. The Contractor shall attend the post award conference convened by the contracting activity or contract administration office IAW Federal Acquisition Regulation (FAR) Subpart 42.5. It is mandatory the field engineer/architect, project superintendent/foreman attend the Post Award conference. The KO, COR, with other Government 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 government views the contractor's performance and the contractor will apprise the Government 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 U.S. government. Minutes are due 5 days after the meeting.

1.5.9.1. 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 five (5) days after the meeting has concluded.

1.5.10 Contracting Officer Representative (COR). 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 every three (3) months and provide input to the KO for approval of progress payments on a monthly basis. The COR shall notify 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 Contract. The COR will be identified by separate letter. A copy of the letter will be provided to the Contractor which the contractor will be required to signed to acknowledge the COR’s responsibility and authority with regard to this project.

1.5.11 Key Personnel. The following personnel are considered key personnel by the government: The quality control representative, the project engineer/architect, Field and Design engineer, project superintendent/foreman and any other engineers performing calculation or verification efforts related to the project. The Contractor shall provide a project engineer/architect who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the project engineer/architect when they are absent shall be appointed in writing to the KO within ten (10) days of 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 between 07:00 a.m. to 17:00 p.m., Monday thru Friday except Belizean holidays or when the government facility is closed for administrative reasons.

1.5.11.1 Minimum Qualifications. The project engineer/architect shall have a bachelor’s degree and at least ten (10) years of relevant experience. Field and design engineers/architects shall have a bachelor’s degree in engineering/architecture and maintain a valid Belizean professional registration, 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.

1.5.11.2 Adequate Workforce. 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 Belizean Government or an equivalent license from a foreign entity if the Contractor is based in a country other than Belize.

1.5.11.3 Project Engineer/Architect. 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 prior to contract performance. The Contractor shall not replace, substitute, or remove key personnel without prior written consent from the KO. In the event the Contractor removes key employees, replacement personnel must be equally or better qualified. 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 COR. The Project Engineer/Architect shall be highly knowledgeable of the project progress and have a good working knowledge of English and be able to communicate effectively. “Good working knowledge” means the employee should be able to read and speak English 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 staff members and the general public. The Project Engineer/Architect or their designated alternate shall be available to meet with U.S. Government personnel, or the KO, within 30 minutes after the U.S. Government representative or KO notified of a project issue or problem unless otherwise coordinated with such designated personnel. After duty hours, the Project Engineer/Architect or designated alternates shall be available within two (2) hours in case of emergency.

1.5.11.4 Field Engineer/Architect and Superintendent/Foreman. The Field Engineer/Architect and Superintendent/Foreman shall be designated in writing to the KO at least ten (10) days prior to contract performance. These key personnel shall be physically present at the worksite between the hours of 07:00 a.m. to 17:00 p.m, excluding Belizean holidays, and any other time work is being performed at the site, as coordinated between the Contractor and COR. 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).

1.5.11.5 Personnel Listing. After award of the contract, the Contractor shall have ten (10) days to submit to the KO a list of workers and Project Managers assigned to work. Required information for each individual on the personnel list shall include:

Full Birth Name

Place and Date of Birth

Current Address

Identification number

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

1.5.12 Identification of Contractor Employees. Contractor employees shall identify themselves as contractor personnel and shall not represent themselves as Government employees. This identification includes meeting attendance, answering Government telephones, email communications, and working in other situations where contractor status is not obvious. Contractor personnel identification shall be easily identifiable through the display of badges, name tags, lanyards, etc. which they shall clearly display on their person during all work hours. The badges or nametags shall identify the contract number. Contractor employees shall use a colored shirt with company Logo and Contract number. Shirt color will be dictated by School director.

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

1.5.14 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 U.S. Government owned and are the property of the US Government with all rights and privileges of ownership/copyright belonging exclusively to the U.S. 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 Organizational Conflict of Interest. Contractor and sub-contractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.5.17 Laws and Regulations:

1.5.17.1 Compliance Required. The Contractor shall, as a minimum, and without additional expense to the U.S. Government, be responsible for complying with all Belizean laws, codes, ordinances, and regulations applicable to the performance of the work, including those of the host country, and with the lawful orders of any governmental authority having jurisdiction. In the event that a Belizean law or regulation does not exist for a particular event, then the U.S. version of at least equal coverage will be specified by the U.S. Government in the particular section of this SOW. 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.

1.5.17.2 Labor, Health and Safety Laws. The Contractor shall comply with all local labor laws of Belize, 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. Should the Ministry of Work have published standards for construction practices, these will be 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 a Belizean 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 sub-contractors shall comply with Belizean Safety regulations and laws. Where project activities are not governed by Belizean regulation, the contractor shall comply with safety and health requirements as established by EM 385-1-1, by U.S. Army Corps of Engineers.

1.5.18 Licenses and Permits.

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

1.5.18.2 Sub-contractor Licenses and Permits. The Contractor shall inform the COR and KO in writing that all sub-contractors and others performing work at the Maud Williams School work site have obtained all requisite licenses and permits. The Contractor shall submit a copy of the licenses and permits (if applies) to the KO and COR demonstrating compliance with this requirement when directed by the KO and/or COR.

1.5.19 Environmental Protection.

1.5.19.1 Pollution and Abatement Control. 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 Belizean codes, regulations, and laws.

1.5.19.2 Environmental Protection. 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.

1.5.19.3 Spills and Disposal. 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 Belizean 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.

1.5.19.4 Waste Material. 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. U.S. Environmental Protection Agency (EPA) defined hazardous waste as a waste with properties that make it dangerous or capable of having a harmful effect on human health or the environment. Hazardous waste is generated from many sources, ranging from industrial manufacturing process wastes to batteries and may come in many forms, including liquids, solids gases, and sludges. Only hazardous waste sites which are permitted by the EPA, and/or the Government of Belize shall be utilized for such disposal actions. Contractor shall coordinate with Belizean 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 Belize regulations and requirements.

1.5.20 Personnel Safety. The Contractor shall ensure the safety of their personnel in accordance with Belizean law. 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).

1.5.20.1 Accident Protection (AP) and Emergency Medical Treatment (EMT). The Contractor shall have personnel licensed by the Belizean 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.

1.5.20.2 Emergency Services and Facilities. All work crews, Contractor management personnel, and the COR shall be provided with information pertaining to the Contractor's arrangements for emergency medical treatment five (5) days prior to the start of work. This information shall include the following:

Local Hospital:

Name

Phone No.

Local Ambulance:

Phone No.

Local Doctor:

Phone No

1.5.21 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.

1.5.22 Construction Operations and Storage Areas.

1.5.22.1 Confinement to Authorized Areas. The Contractor shall confine all operations (including storage of materials) to areas authorized or approved by the COR from information received by local authorities. U.S. Government agencies shall have access to the premises for official fire, safety, and security inspections and/or to conduct site visits as authorized by the COR.

1.5.22.2 Access to Contractor Storage Yard. The Contractor shall only store materials and equipment for this project at a designated location in the school complex. The specific worksite location shall be coordinated with school director and Ministry of Education representative or equivalent office during the pre-performance conference or at a later date.

1.5.23 Contractor Vehicles.

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

1.5.23.2 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 COR and KO within ten (10) days after contract award and update as the changes occur. ID information will be used by the site to verify credentials and issue access permits. Contractor shall coordinate Belizean local security office to access sites.

1.5.24 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. If a potential interference is found, the Contractor shall promptly give written notice to the KO/COR in accordance with FAR Clause 52.236-2, and prepare information for possible alternatives.

PART 2

2. Definitions and Acronyms:

2.1 Definitions.

2.1.1 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 Sub-contractor. One that enters into a contract with a prime Contractor. The Government does not have privity of the prime’s contract with the sub-contractor.

2.1.13 Work Day. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.14 Work Week. Monday through Friday, unless specified otherwise.

2.1.15 Project Engineer (PE)/Architect: The person who is the technical representative for the Contractor in all phases of the project, from design to final execution. This person will be responsible for design and materials submittals and will attend meetings as required for the project. The experience required is defined in Section 1.5.11.

2.1.16 Field Engineer/Architect. It is the onsite technical representative overseeing the engineering aspects of the project. This person will ensure proper work execution with regards to project designs, technical standards and project schedule. This person can also establish quality control construction processes. The experience required is defined in Section 1.5.11.

2.1.17 Project Superintendent/Foreman. Person trained in all aspects of construction management with specific knowledge of construction processes. The experience required is defined in Section 1.5.11.

2.1.18 Area of Responsibility. The U.S. Southern Command (USSOUTHCOM) area of responsibility (AOR) includes the geographic areas of Antigua and Barbuda, Argentina, Aruba, Barbados, Belize, Bolivia, Brazil, British Virgin Islands, Cayman Islands, Chile, Colombia, Costa Rica, Cuba, Curacao, Dominica, Dominican Republic, Ecuador, El Salvador, Falkland Islands, French Guiana, Grenada, Guadeloupe, Guatemala, Guyana, Haiti, Honduras, Jamaica, Martinique, Mayotte, Montserrat, Nicaragua, Panama, Paraguay, Peru, Saint Barthélemy, Saint Martin, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Saint Maarten, Suriname, Trinidad and Tobago, Turks and Caicos Islands, Uruguay, and Venezuela.

2.1.18 Foreign Nationals. A foreign national is not a U.S. citizen. Green card holders are also identified as foreign nationals. A foreign national is further categorized as either a third country national or a local national based on the person’s citizenship and location of performance of duty.

2.1.19 Local National. Local nationals are foreign nationals who are citizens of the country where the performance of duty will occur.

2.1.20 Third Country National. Third country nationals are foreign nationals who are not citizens of the country where the performance of duty will occur.

2.1.21 Personally Identifiable Information PII is any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is limited or linkable to that individual.

2.2. Acronyms:

ACI

American Concrete Institute

AFARS

Army Federal Acquisition Regulation Supplement

AISC

American Institute of Steel Construction

AR

Army Regulation

AOR

Area of Responsibility

ASTM

American Society for Testing Materials

AWS

American Welding Society

CFR

Code of Federal Regulations

CONUS

Continental United States (excludes Alaska and Hawaii)

COR

Contracting Officer Representative

CPM

Critical Path Method

DA

Department of the Army

DD250

Department of Defense Form 250 (Receiving Report)

DFARS

Defense Federal Acquisition Regulation Supplement

DMDC

Defense Manpower Data Center

DOD

Department of Defense

FAR

Federal Acquisition Regulation

FN

Foreign National

IAW

In Accordance With

HID

High-intensity discharge

KO

Contracting Officer

LN

Local National

OCI

Organizational Conflict of Interest

OCONUS

Outside Continental United States (includes Alaska and Hawaii)

PERT

Program Evaluation & Review Technique

POC

Point of Contact

QA

Quality Assurance

QAP

Quality Assurance Program

QASP

Quality Assurance Surveillance Plan

QC

Quality Control

QCP

Quality Control Program

SOW

Statement of Work

TCN

Third Country National

TE

Technical Exhibit

UL

Underwriters Laboratories

PART 3

3. GOVERNMENT FURNISHED ITEMS AND SERVICES.