Conformed_Solicitation_W912CL-18-Q-0029_16_Jan_19.pdf

Warehouse in CEOPAZ El Salvador

Demolition of an existing building and replace it by constructing a w arehouse at the El Salvador Peace Keeping Operation Training Center (Centro de Entrenamiento y Operaciones de Paz (CEOPAZ). Refer to the Statement of Work.

In accordance w ith FAR 36.204(f) Disclosure of the Magnitude of Construction Projects, the estimated price range of this project is betw een $100,000 and $250,000.

GOOLSBY, SHASHESHE L 210-295-6144

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

16-Jan-2019

(RFP)

(IFB)

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________180 calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time of fers are due.

B. An offer guarantee is, X is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

410TH CONTRACTING SUPPORT BRIGADE

REGIONAL CONTRACTING CENTER AMERICAS

CCEC-AMF

4130 STANLEY ROAD STE 320

JBSA FORT SAM HOUSTON TX 78234-2726

W912CL

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

(hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

210.808.9475FAX:TEL: 210.295.XXXX TEL: FAX:

W912CL18Q0029 83

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W912CL18Q0029

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Demolition Work

FFP

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, other items, and non-personal services necessary to demolish and dispose of existing building (7m x 19m) at CEOPAZ in El Salvador in accordance with the specifications of the Statement of Work and applicable Technical Exhibits. Do not include taxes as the US Government is tax exempt in El Salvador.

FOB: Destination

PSC CD: Y1GZ

NET AMT

0002 1 Job Construction Work

FFP

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, other items, and non-personal services necessary to construct a new warehouse at CEOPAZ in El Salvador in accordance with the specifications of the Statement of Work and applicable Technical Exhibits. Do not include taxes as the US Government is tax exempt in El Salvador.

NET AMT

0003 1 Job DBA Insurance

COST

Before commencing performance under this contract the Contractor shall provide workers' compensation insurance or security as required by the Defense Base Act and maintain it until performance is completed. The amount listed by the offeror on this CLIN is the estimated DBA insurance premium. The actual amount paid by the government under this CLIN will be based on the amount of the insurance paid invoice. The amount listed by the offeror on this CLIN is the estimated DBA insurance premium (estimated payroll of the offeror and its subcontractors times the applicable rate(s)). The actual amount paid by the government under this CLIN will be based on the amount of the Agent/Broker’s invoice submitted by the offeror after contract award. In the event of recalculation of the premium by the Insurance Carrier based on actual payroll amounts, the contracting officer will adjust this CLIN by contract modification to reflect actual premium amounts paid. For more information, see FAR clause 52.228-3, Worker’s Compensation Insurance.

ESTIMATED COST

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 180 dys. ANP 1 CEOPAZ

CARRETERA 1

SAN SALVADOR

W91LMH

0002 180 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

0003 180 dys. ANP 1 (SAME AS PREVIOUS LOCATION)

Section 00100 - Bidding Schedule/Instructions to Bidders

CLAUSES INCORPORATED BY FULL TEXT

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

FAR Site at http://farsite.hill.af.mil/vffara.htm DFARS Site at http://farsite.hill.af.mil/vfdfara.htm (End of provision)

STATEMENT OF WORK

El Salvador Peace Keeping Operations Training Center

Warehouse Project Carretera 1, San Salvador, El Salvador

PART 1

1. GENERAL: This is a non-personal services contract under which the personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the United States Government (USG) and its employees. Under this contract, the Contractor shall furnish all labor, transportation, equipment, materials, and any other items necessary for the demolition of an existing building and replace it by constructing a warehouse at the El Salvador Peace Keeping Operation Training Center (Centro de Entrenamiento y Operaciones de Paz (CEOPAZ)). The USG shall not exercise any supervision or control over the contractor performing the tasks herein. Such contract employees shall be accountable solely to the Contractor who, in turn shall be responsible to the U.S. Government.

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 obtain all required construction permits and shall conduct a site visit to verify details and the scope of work. The Contractor shall provide validated designs and specifications, and all required labor, equipment and materials to construct the warehouse at CEOPAZ. At the project location, power, sewer and water 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 until project is completed. Contractor needs to coordinate with CEOPAZ and “Comando de Ingenieros de las Fuerzas Armadas” (CIFA) facility engineer to arrange for any connections, storage, and access. Work executed by the contractor shall include but is not limited to:

- Demolition, removal and disposal of existing building ~7m x 19m

- Soil study;

- Site preparation;

- Validate the designs for the existing soil condition;

- Construction of warehouse as specified on drawings and specifications;

- Provide and install doors and windows;

- Stucco of walls;

- Sidewalks;

- Paint areas; and

- Any other related works

Note: The Contractor shall verify all dimensions and/or quantities on site before providing proposal and commencing work. Provided quantities are approximated and it is the Contractor’s responsibility to verify these dimensions during the site visit. If discrepancies are found, the contractor shall immediately notify the KO. A Geotechnical engineer shall sign for the soil study and recommended foundation design. A licensed Structural engineers shall approve the final project design and the Contractor shall provide all final design drawings/specifications to the KO/COR for final review and approval prior to the start of construction.

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

1.3 Objectives: The objective of this project is the construction of a warehouse. The completion of this project will improve peace time operation training and increase training capacity.

1.4 Required Delivery: The work shall begin within ten (10) days of receipt of the Notice to Proceed (NTP) by the Contractor. The project shall be completed NLT 180 days from receipt of the NTP. The period of performance includes clean-up of the site area and all applicable inspections.

1.5 General Information:

1.5.1 Quality Control (QC): The Contractor shall develop and maintain an effective Quality Control Plan (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 COR and the KO for approval within 15 days of contract award. The Contractor shall have five (5) working days from approval to submit any changes for COR and KO acceptance.

1.5.1.1 The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. After acceptance of the QCP, the contractor shall receive the KO’s acceptance in writing or any proposed changes to the QC procedures. The contractor shall submit QCP changes within five (5) days to the KO and COR for review and approval prior to implementation.

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. Contract quality requirements” means the technical requirements in the contract relating to the quality of the product or service and those contract clauses prescribing inspection, and other quality controls incumbent on the contractor, to ensure the product or service conforms to the contractual requirements. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.5.3 Hours of Operation: The Contractor shall execute work within CEOPAZ during their normal hours of operation--work hours are Monday thru Friday from 7:00 AM to 5:00 PM local time, subject to coordination with the COR and local Government representative. 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.

1.5.3.1 Recognized Holidays.

The following Holidays are recognized Holidays and CEOPAZ will not be available to contractor unless coordinated with COR will in advance:

January 1, Tuesday (New Year’s Day) April 18, Thursday (Holy Thursday) April 19, Friday (Holy Friday) April 20, Saturday (Holy Saturday) April 21, Sunday (Easter Sunday) May 1, Wednesday (Labor Day) May 10, Friday (Mother’s Day) June 17, Monday (Father’s Day) Aug 3-6, Saturday-Tuesday (Feast of San Salvador) September 15, Sunday (Independence Day) November 2, Saturday (All Soul’s Day) December 25, Wednesday (Christmas Day)

1.5.4 Place of Performance: The work to be performed under this contract will be performed at the CEOPAZ/CIFA, CA1 Carretera Panamericana, Carretera hacia Santa Ana, San Km 28, El Salvador. Coordinates for this site are 13°46'21.6"N and 89°22'35.6"W. Prior to the commencement of work, access to the installation shall be coordinated with CEOPAZ officials.

1.5.5 Type of Contract: The Government anticipates award of a Firm-Fixed Price (FFP) type contract.

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 government equipment, information, and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured IAW Army Regulation (AR) 190-13, “The Army Physical Security Program.”

1.5.6.2 Background Checks: The Contractor shall ensure contractor employees and subcontractor employees performing services under this contract have passed a security check conducted 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 personnel 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 KO or COR upon request. The USG retains the right to exclude any employee from performance of duties under this contract if a background security check reveals 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 USG determines additional background checks are required, at a minimum, and upon request from the USG, the Contractor shall provide to the KO or COR, 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 Background Check Notification Requirements: If a background check on any employee or subcontractor employee performing services 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 and COR of that information. The Contractor shall make notification of:

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

(2) 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; and

(3) Any actions taken against Contractor employees, subcontractors, or subcontractor employees pursuant to this requirement.

1.5.6.2.2 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.

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

1.5.6.3 Host Nation Installation Access with No DOD Facility: 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 company 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 coordinated through the US Embassy's DOD Security Cooperation Office (SCO) in the country of performance. If during any previous vetting process in other countries, the company is found to be barred from performing services for the Government; this finding is grounds for termination of the contract.

1.5.6.5 Operations Security (OPSEC) Awareness: If the Contractor, or a subcontractor, or employees of either disclose any information that disrupts or harms the USG'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. 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.

1.5.6.6 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 names, locations, hotel data, participants, discussions, pictures, etc. before, during or after the contract period of performance without the express consent of the USG. 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.

1.5.6.7 If applicable- Medical Travel Requirements: Contractor shall ensure that all Contractor employees and subcontractor employees are medically, dentally, and psychologically fit for performance of their duties. All U.S.

citizen and Third Country Nationals (TCN) contractor and subcontractor personnel must meet the medical screening requirements established by the United States Southern Command (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 Area of Responsibility (AOR). U.S. citizen and TCN contractor and subcontractor 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 subcontractor 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.

1.5.6.8 If applicable- 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 Specimens 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.

1.5.6.9 If applicable- 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.

1.5.6.10 If applicable- 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.

1.5.6.11 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 DoD Agency AT Officer through the COR or KO, for AOR specific AT awareness training for U.S. based Contractor employees and associated subcontractor 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 Synchronized Pre-deployment and Operational Tracker (SPOT): Not applicable.

1.5.8 Post Award Conference/Periodic Progress Meetings. The Contractor shall attend the pre-construction conference and all post award conferences convened by the KOIAW 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. USG will notify contractor of conference/meeting at least 72 hours in advance. These meetings shall be at no additional cost to the USG.

1.5.9 Meeting Minutes. 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 within ten (10) days after meeting concluded.

1.5.10 Contracting Officer Representative (COR). The USG 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 USG 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; 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.

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

Minimum qualifications for all key personnel are listed below:

(a) The Project Engineer/Architect shall have a bachelor’s degree in engineering/architecture and maintain a valid professional registration that is accepted by the Government of El Salvador, and at least ten (10) years of experience.

(b) Field and design engineers/architects shall have a bachelor’s degree in engineering/architecture and maintain a valid professional registration that is accepted by the Government of El Salvador, and at least five (5) years of experience with projects of a similar type and magnitude.

(c) 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.

(d) 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 licenses 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.

1.5.11.1 Project Engineer/Architect Superintendent/Foreman.

1.5.11.1.1 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 no later than 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 and alternate(s) Field Engineer/Architect and Superintendent/Forman phone numbers will be provided within 15 days of contract award.

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.

1.5.11.1.2 The Field Engineer/Architect and Superintendent/Foreman shall be designated in writing to the KO no later than ten (10) days after contract award. These key personnel shall be physically present at the worksite when work is being performed at the site.

1.5.11.2 Personnel Listing.

1.5.11.2.1 After issuance of NTP, the Contractor shall have five (5) days to submit to the KO/COR 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

1.5.11.2.2 Failure to provide any of the above information may be considered grounds for rejection and/or re-submittal of the personnel list.

1.5.12 Identification of Contractor Employees: Contractor’s personnel attending meetings, answering USG telephones, and working in other situations where their Contractor’s 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 USG 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.

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

1.5.14 Other Direct Costs. Not applicable.

1.5.15 Data Rights. The USG has unlimited rights to all documents/materials produced under this contract. Any documents, designs, drawings, study and test outcomes, survey maps, belong to the USG and shall be turned over to the COR upon completion of the project. All documents and materials produced under this contract shall be USG owned and are the property of the USG with all rights and privileges of ownership/copyright belonging exclusively to the USG. These documents and materials may not be used or sold by the Contractor without written permission from the KO. All materials supplied to the USG shall be the sole property of the USG and may not be used for any other purpose. This right does not abrogate any other USG 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 a 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 the CEOPAZ worksite have obtained all requisite licenses and permits. The Contractor shall submit a copy of the licenses and permits to the KO/COR 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 Spills and Disposals. 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. 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 Workplace 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 personnel 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 no later than five (5) days after issuance of the NTP. This information shall be also posted at the job site. This information shall include the following:

Local Hospital: Name Phone No.

Local Ambulance: Name Phone No.

Local Doctor: Name Phone No

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 8cm 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.

1.5.20.1 Confinement to Authorized Areas. The Contractor should confine all operations (including storage of materials) 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.

1.5.20.2 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.

1.5.21 Contractor Vehicles.

1.5.21.1 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.

1.5.21.2 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/COR not later than ten (10) days after issuance of NTP and update list as any 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.

1.5.22 Unforeseen Site Conditions: The Contractor shall conduct aerial, surface, underground or embedded interference surveys 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 base official or representative to 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 POC, 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 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.

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

2.1.3 Certificates. Statements printed on the manufacturer's letterhead and signed by responsible officials of manufacturer of product, system or material attesting that product, system or material meets specification requirements. Must be dated after award of project contract and clearly name the project.

2.1.4 Closeout Submittals. Closeout submittals include documentation to record compliance with technical or administrative requirements or to establish an administrative mechanism and special requirements necessary to properly close out a construction contract.

2.1.5 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.

2.1.6 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. 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.

2.1.7 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.

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

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

2.1.10 Design Data. Design calculations, mix designs, analyses or other design data pertaining to a part of the work.

2.1.11 Drawings. Drawings, diagrams and schedules specifically prepared to illustrate some portion of the work prepared by manufacturer, fabricator and/or contractor.

2.1.12 Field Engineer/Architect. 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.

2.1.13 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.

2.1.14 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.

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

2.1.16 Manufacturer’s Instructions. Preprinted material describing installation of a product, system or material, including special notices and (MSDS) concerning impedances, hazards and safety precautions.

2.1.17 Operations and Maintenance Data. Data that is furnished by the manufacturer, or the system provider, to the equipment operating and maintenance personnel, including manufacturer's help and product line documentation necessary to maintain and install equipment. This data is needed by operating and maintenance personnel for the safe and efficient operation, maintenance and repair of the item. This data is intended to be incorporated in an operations and maintenance manual or control system.

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

2.1.19 Product Data. Catalog cuts, illustrations, schedules, diagrams, performance charts, instructions and brochures illustrating size, physical appearance and other characteristics of materials, systems or equipment for some portion of the work. Samples of warranty language when the contract requires extended product warranties.

2.1.20 Project Engineer/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.

2.1.21 Project Superintendent/Foreman (Maestro de Obra). Person trained in all aspects of construction management with specific knowledge of construction processes. The experience required is defined in Section 1.5.11.

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

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

2.1.24 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.

2.1.25 Samples. Fabricated or unfabricated physical examples of materials, equipment or workmanship that illustrate functional and aesthetic…