W912QM-19-R-0003.pdf

ERC Renovation Project, Beyond the Horizons Guatemala 19- Huehuetenango

In accordance w ith FAR 36.204 (e), Disclosure of the magnitude of construction projects, the estiamated price range of this project is betw een $500,000.00 smf $1,000,000.00.

MISSY L. MCNEILL 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

01-Mar-2019

(RFP)

(IFB)

X

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 _______5 calendar days and complete it w ithin ________30 calendar days after receiving aw ard, X notice to proceed. This performance period is X 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 __________ copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________30 Mar 2019 (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 _______30 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

RCO SOTO CANO

UNIT 5714

APO AA 34042

W912QM

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 PM (hour)

Sealed envelopes containing offers

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

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

011504-2713-5123FAX:TEL: 011 504-2713-5123 TEL: FAX:

W912QM19R0003 69

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

W912QM19R0003

Section 00010 - Solicitation Contract Form

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

Barracks Renovation

FFP

Barracks Renovation (see Statement of Work for more details) FOB: Destination

PSC CD: Y1PC

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job

Latrine Renovations

FFP

Latrine Renovations (see Statement of Work for more details) FOB: Destination

PSC CD: Y1PC

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 1 Job

ADMIN Renovations

FFP

ADMIN Renovations (see Statement of Work for more details) FOB: Destination

PSC CD: Y1PC

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 1 Job

TOC Renovations

FFP

TOC Renovations (see Statement of Work for more details) FOB: Destination

PSC CD: Y1PC

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 1 Job

DFAC Renovations

FFP

DFAC Renovations (see Statement of Work for more details) FOB: Destination

PSC CD: Y1PC

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 1 Job

Maintenance Bay Renovations

FFP

Maintenance Bay Renovations (see Statement of Work for more details) FOB: Destination

PSC CD: Y1PC

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0007 1 Job

Defense Base Act Insurance

FFP

Refer to 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.

FOB: Destination

PSC CD: Y1PC

NET AMT

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 N/A N/A Destination Government 0003 N/A N/A Destination Government

0004 N/A N/A Destination Government 0005 N/A N/A Destination Government 0006 N/A N/A Destination Government 0007 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 31-MAR-2019 TO

03-MAY-2019

N/A 0000 HQ HHB MCP HQ USA SO

RUBERTO RUBET

FAHUM 17 GUATEMALA, CALLE

CAMINO REAL 0-20, Z

GUATEMALA CITY

210-808-1234 FOB: Destination

W81XG9

0002 POP 31-MAR-2019 TO

03-MAY-2019

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W81XG9

0003 POP 31-MAR-2019 TO

03-MAY-2019

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W81XG9

0004 POP 31-MAR-2019 TO

03-MAY-2019

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W81XG9

0005 POP 31-MAR-2019 TO

03-MAY-2019

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W81XG9

0006 POP 31-MAR-2019 TO

03-MAY-2019

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W81XG9

0007 POP 31-MAR-2019 TO

03-MAY-2019

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W81XG9

CLAUSES INCORPORATED BY REFERENCE

52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984

Section 00100 - Bidding Schedule/Instructions to Bidders

INSTRUCTION TO OFFERERS

INSTRUCTION TO OFFERORS

W912QM-19-R-0003

1. GENERAL: This procurement will be awarded as a Lowest Price, Technically Acceptable (LPTA) contract, considering past performance. The proposal will be evaluated in accordance with FAR 15.305.

a. The Government intends to evaluate all proposals and award a single contract without discussions with Offerors (except for clarifications as described in FAR 15.306(a)). Therefore, the initial offer should contain the Offeror’s best terms from a price and technical standpoint. Offerors should not assume that they will be afforded the opportunity to clarify, discuss, or revise their proposal. However, the Government reserves the right to request clarifications or request revised responses if later determined by the Contracting Officer to be necessary. The government may reject any or all response if such action is in the public interest and/or waive informalities and minor irregularities in the submitted offers.

b. The Government reserves the right to cancel this Request for Proposal (RFP) and make no award. By responding to this RFP and submitting a proposal in response to the RFP, the Contractor understands that the Government shall not be liable for any costs incurred by the Contractor in response to this RFP.

c. Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are made available.

2. PRE-PROPOSAL SITE VISIT: The first site visit will be held on Wednesday, 13 March 2019 at 5th Infantry Brigade Military Base MGRS- 15PXS5847893063 LAT/LONG- 15.30919 -91.52389, Huehuetenango, Guatemala.

Interested Offerors shall submit via e-mail no later than 6 March 19 by 12:00 p.m. to the Contracting Specialist clear copy of both sides of attendee ID and vehicle registration to request base access pass.

All Offerors are encouraged to attend this site visit to familiarize themselves with the project, project site, and to provide any questions in regards to this solicitation and project, in writing, prior to the proposal due date. See FAR Clause 52.236-3, Site Investigation and Conditions Affecting the Work, and FAR Provision 52.236-27, Site Visit (Construction) of this solicitation.

3. PROPOSAL SUBMISSION: The Offerors proposal shall be in the form prescribed by this solicitation and shall contain a response to each of the areas identified below in paragraph 6. Responses must be complete, self-sufficient, and respond directly to the requirements of this RFP. All responses shall be in English, legible and prepared in the following general format to be properly evaluated. Prices shall be submitted in US Dollars. No foreign currencies will be accepted.

a. Electronic Submission. The Offeror shall provide a copy of their proposal and technical specifications as an electronic file. The Offeror must ensure that its proposal submission is legible in the format specified in the solicitation. The proposal shall be e-mailed to Ms. Noema Reyes, Contracting Specialist at maria.n.reyesromero.fn@mail.mil and the Contracting Officer, CPT Missy L. McNeill at missy.l.mcneill.mil@mail.mil before 1:00 pm local Honduran time Saturday, 30 March 2019. The subject line of the email shall contain the solicitation number W912QM-19-R-0003.

b. System for Award Management (SAM). All Offerors shall have an active registration in the System for Award Management (SAM), to receive award of this contract. To register in SAM, go to https://www.sam.gov.

4. QUESTIONS/AMENDMENTS/EXCEPTIONS:

a. Solicitation Questions. Solicitation information and amendments will be posted to the Federal Business Opportunities website at www.fbo.gov and via email to all those interested parties contacted by the Government.

Offerors may submit questions regarding this solicitation in writing to the Contract Specialist by email to maria.n.reyesromero.fn@mail.mil and the Contracting Officer, at missy.l.mcneill.mil@mail.mil. The Government will answer all questions provided that the questions are received by 1:00 p.m. on Friday, 22 March 2019. The Government reserves the right not to respond to any questions received concerning this solicitation after the question receipt date and time above. Accordingly, Offerors are encouraged to carefully review all solicitation requirements and submit questions to the Government early in the solicitation process.

b. Amendments prior to date set for receipt of proposal. The Government reserves the right to revise or amend the specifications, drawings or both prior to and/or after the date set for receipt of proposals as necessary.

Such revisions, if any, will be announced by an amendment or amendments to this RFQ. All information relating to this RFQ, including pertinent changes/amendments and information prior to the date set for receipt of proposals will be posted to the Federal Business Opportunities website at https://www.fbo.gov.

d. Exceptions. If the Offeror takes exception to any of the requirements specified in this solicitation, the Offeror shall clearly identify each such exception and include a complete explanation of why the exception was taken and what benefit accrues to the Government. All exceptions to the solicitation requirements (Sections 00010 through 00600) and supporting rationale shall be included in an addendum to the proposal and clearly labeled "Exceptions". An addendum is only required if the Offeror takes exception to any requirement in the solicitation.

The Addendum does not have a page limitation, but shall only include information relevant to exceptions taken to the solicitation requirements. The Government will assume an Offeror takes no exceptions to any solicitation requirement if the Offeror does not submit an Addendum identifying exceptions. Offerors are advised that solicitation requirements are not necessarily negotiable and such exceptions may render an Offeror's proposal unacceptable and ineligible for award.

5. QUALIFICATION OF OFFEROR.

Offerors must be technically qualified and financially responsible to perform the work described in this solicitation. As a minimum, each Offeror shall meet the following requirements:

a. Be able to demonstrate prior relevant experience with suitable references;

b. Have the necessary personnel, equipment and financial resources available or ability to obtain them to perform the work

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

d. Meet all local insurance requirements

e. Have no adverse criminal record

f. Have no political or business affiliation which could be considered contrary to the interests of the

United States

g. Be able to read, speak and understand English

h. The Offeror has been duly authorized to operate and to do business in Guatemala

i. In order to be eligible for award, all Offerors shall be registered in SAM.

6. SOLICITATION FORMAT AND CONTENT: Each Offeror’s proposal shall be submitted as set forth below and all information shall be confined to the appropriate part to facilitate independent evaluation. Proposals, which do not include the requested minimum information, may be eliminated from further consideration at the government’s discretion. Proposal Sections shall be labeled by section (i.e., Section I – Price/Cost Information and Required Documents, Section II-Technical Response and Section III-Past Performance Information). If the proposal is not broken down in sections as described, the proposal may be removed from further consideration as non-compliant.

Section I - Price/Cost Information and Required Documents

(1) No limit page. Electronic Format.

(2) Offerors shall provide all price/cost information necessary to provide a meaningful basis for Government's analysis and evaluation of price/cost for the project set forth in Section 00100 of this solicitation.

Prices shall include all related costs, i.e., profit, wages, transportation, etc., if applicable. The Government is not, and does not intend on, requesting certified cost or pricing data. Offerors may be required during the evaluation process to provide sufficient price/cost information that will enable the Government to perform a meaningful evaluation. If an Offeror proposes an unusually low price or higher priced proposal than the magnitude of the estimated price range in Block 10 of this solicitation, the Offeror should also provide rationale to justify its price.

(3) A complete response shall consist of a price response and a cover sheet. The Offeror shall provide its response with a cover sheet that contains the company’s name, CAGE code and Data Universal Number (DUNS) number for those registered in SAM or NCAGE Code for those not registered in SAM. The Cover sheet must also contain address and telephone number, name and title of the person authorized to sign the contract and, offer validation period of 30 days. To obtain a DUNS number go to http://fedgov.dnb.com/webform.

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

(5) Offer and Section 00010 –

Standard Form 1442 – Complete in its entirety the “Offeror” portion of the Standard Form (SF) 1442 blocks 14 through 20C on page 2 and contract line items 0001 through 0008 on pages 3 and 4. All pricing shall be submitted in US Dollars (USD).

Blocks 14 through 15 – Complete all Offeror contact information.

Block 17 – Add offer acceptance date and total price information. Total price from all line items taken from the “pricing breakdown schedule” attachment, and include the schedule itself with the proposal.

Block 18 – No bonds required.

Block 19 - Amendment(s) – Amendments may be acknowledged in block 19 of the SF 1442 or by signing blocks 15A through 15C, of any amendments (SF 30) issued out during the solicitation.

Block 20b - An official having the authority to contractually bind your company in accordance with FAR

4.102 shall sign block 20b of the SF1442.

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

Section II - Technical Response: No page limitation on the project schedule. Provide the following:

a. A description of all equipment to include the item name, age of the item, its intended usage, and a transportation plan. Materials to include the item name, cost and unit of measure, procurement plan, and quantity.

Products to be used for the project. Offeror’s technical response shall ensure a complete understanding of the work to be performed and its ability to comply with the Statement of Work requirements.

b. Project Schedule: Project schedule shall be submitted using any of the following project schedules: Critical Path Method (CPM), Program Evaluation & Review Technique (PERT), or Gantt chart. The project schedule will be in sufficient detail to clearly illustrate the following major work phases: (Site Survey and Design, Site preparation and ground work, Site Cleanup and Disposal) and expected completion dates and execution times of each work phase. Sufficient float time shall be incorporated in the schedule to account for down days due to inclement weather and adequate time to reflect procurement and shipment of items that are not locally available. Identify all local permits approval times.

Expected completion dates, execution time of each phase, and a mid-point completion of project includes any Salvadorian Holidays, slack time for weather or other related delays.

c. Quality Control Plan: Quality Control Plan shall be in sufficient detail to clearly illustrate the contractor’s surveillance and quality control methods for the following major construction phases:

b.1 Landing Zone Lights b.2 Site Survey and Design b.3 Site preparation and ground work b.4 Site Cleanup and Disposal

d. Key Personnel Qualifications and Experience. As stated in Section 1.5.11 of the Statement of Work, the Government has identified the following positions as key personnel:

Project Engineer/Architect Field and Design Engineer/Architect Project Superintendent/Foreman Quality Control Representative

The Offeror shall submit resumes for Key Personnel. Offerors shall support key personnel with resumes that demonstrate depth and quality of relevant experience. Resumes should be current and updated within the past year.

Each resume shall be limited to four (4) pages and may be submitted in English.

Resumes shall not have any Personally Identifiable Information (PII) in accordance with the Privacy Act requirements.

Resumes shall include the relevant qualifications, background, experience, and accomplishments for all key personnel in sufficient detail to demonstrate the capability of such personnel to meet the qualification and experience requirements identified in the Statement of Work, paragraph 1.5.11.1. The work history of each key person should contain experience directly related to construction work he/she is intended to perform under the proposed contract.

Section III - Past Performance Information:

1. Offeror shall submit, at a minimum, three (3) relevant projects past performance history relative in size and type to the work to be performed under this contract. No more than six (6) pages of written material shall be submitted. Photographs may be provided, however, submission shall not exceed the page limit of written material.

Relevant is defined as any work relating to site preparation.

2. Past Performance information shall be submitted in English.

3. The Offeror may provide any information currently available to include letters, customer surveys which demonstrate customer satisfaction relating to overall job performance and quality of completed work on three (3) relevant contracts of the same or similar type of work in size, nature and complexity specified in this Statement of Work. Recent contracts must be work that has been completed within the past three years.

4. Explain if any corrective actions taken in past, if any, for substandard performance and any current performance problems such as cost overruns, extended performance periods, customer complaints, or personnel problems/issues.

5. References - The past performance information from three relevant contracts, as specified in the paragraph above, must clearly demonstrate Offeror’s prior experience in similar construction projects that were:

a. Physically completed within the past three years from the issuance of this RFP.

b. Similar in magnitude in this solicitation (US $ amount)

c. Similar in site preparation and building renovation construction features

6. Provide the following information for each contact or project reference included in the list above and describe Customer's name, address, and telephone numbers of customer's lead contract and technical personnel:

a. Contract value, number and type

b. Date of the contract award place(s) of performance, and completion dates

c. Brief description of the work, including responsibilities

d. Comparability to the work under this solicitation

e. Brief discussion of any major technical problems and their resolution

f. Method of acquisition (fully competitive, partially competitive, or noncompetitive), and the basis for award (cost/price, technical merit, etc.) and

g. Any terminations (partial or complete) and the reason (convenience or default)

If more than three projects are submitted, only the three most recent will be evaluated. The projects may be contracts for the U.S. Government or other clients.

Past Performance Page Limitation: No more than one (1) double-sided or two (2) single pages of written material shall be submitted for each project. Photographs may be included, but photos and written material combined shall not exceed the page limit requirements.

7. SUMMARY OF INSTRUCTIONS

Executed Standard Form 1442 Priced Line Items 0001 and 0008, Pages 3 and 4 of the RFP Price Proposal/Technical/Past Performance Completed Representations/Certifications

Section 00700 - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-13 Time Extensions SEP 2000 52.222-50 Combating Trafficking in Persons JAN 2019 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.233-4703 HQ AMC Level Protest MAR 2011 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Items JAN 2019 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.247-27 Contract Not Affected by Oral Agreement APR 1984

52.248-3 Value Engineering-Construction OCT 2015 52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) (Apr 2012) - Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.225-7041 Correspondence in English JUN 1997 252.225-7987 (Dev) Requirements For Contractor Personnel Performing in

USSOUTHCOM Area of Responsibility (Deviation 2014- O0016)

OCT 2014

252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.243-7002 Requests for Equitable Adjustment DEC 2012

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 30 calendar days* The time stated for completion shall include final cleanup of the premises.

*The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

(End of clause)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $641.52 for each calendar day of delay until the work is completed or accepted. There is also a cost per trip charge for the Project Engineer traveling from San Antoni, Texas to Huehuetenango, Guatemala in the amount of $1,567.00 per trip to perform final inspection after the established completion date.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015) ALTERNATE I (MAR 2015)

(a) Definitions. As used in this clause—

“Agent” means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization.

“Coercion” means—

(1) Threats of serious harm to or physical restraint against any person;

(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or

(3) The abuse or threatened abuse of the legal process.

“Commercial sex act” means any sex act on account of which anything of value is given to or received by any person.

“Commercially available off-the-shelf (COTS) item” means--

(1) Any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Debt bondage” means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

“Employee” means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.

“Forced labor” means knowingly providing or obtaining the labor or services of a person—

(1) By threats of serious harm to, or physical restraint against, that person or another person;

(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or

(3) By means of the abuse or threatened abuse of law or the legal process.

“Involuntary servitude” includes a condition of servitude induced by means of—

(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or

(2) The abuse or threatened abuse of the legal process.

“Severe forms of trafficking in persons” means—

(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or

(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

“Sex trafficking” means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

“Subcontract” means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

“Subcontractor” means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of this clause. Contractors, contractor employees, and their agents shall not—

(1) Engage in severe forms of trafficking in persons during the period of performance of the contract;

(2) Procure commercial sex acts during the period of performance of the contract;

(3) Use forced labor in the performance of the contract;

(4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority;

(5)(i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language accessible to the worker, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant cost to be charged to the employee, and, if applicable, the hazardous nature of the work;

(ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;

(6) Charge employees recruitment fees;

(7)(i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment--

(A) For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States); or

(B) For an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the United States); except that--

(ii) The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is--

(A) Legally permitted to remain in the country of employment and who chooses to do so; or

(B) Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the cost of return transportation;

(iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons. The contractor shall provide the return transportation or pay the cost of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For example, the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify.

This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause apply.

(8) Provide or arrange housing that fails to meet the host country housing and safety standards; or

(9) If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required work document in writing. Such written work document shall be in a language the employee understands. If the employee must relocate to perform the work, the work document shall be provided to the employee at least five days prior to the employee relocating. The employee's work document shall include, but is not limited to, details about work description, wages, prohibition on charging recruitment fees, work location(s), living accommodations and associated costs, time off, roundtrip transportation arrangements, grievance process, and the content of applicable laws and regulations that prohibit trafficking in persons.

(c) Contractor requirements. The Contractor shall—

(1) Notify its employees of—

(i) (A) The United States Government's policy prohibiting trafficking in persons described in paragraph (b) of this clause; and

(B) The following directive(s) or notice(s) applicable to employees performing work at the contract place(s) of performance as indicated below:

Document Title Document may be obtained from:

Applies to performance in/at:

[ ___ Contracting Officer shall insert title of directive/notice; indicate the document is attached or provide source (such as website link) for obtaining document; and, indicate the contract performance location outside the United States to which the document applies.]

(ii) The actions that will be taken against employees or agents for violations of this policy. Such actions for employees may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and

(2) Take appropriate action, up to and including termination, against employees, agents, or subcontractors that violate the policy in paragraph (b) of this clause.

(d) Notification. (1) The Contractor shall inform the Contracting Officer and the agency Inspector General immediately of—

(i) Any credible information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the policy in paragraph (b) of this clause (see also 18 U.S.C. 1351, Fraud in Foreign Labor Contracting, and 52.203- 13(b)(3)(i)(A), if that clause is included in the solicitation or contract, which requires disclosure to the agency Office of the Inspector General when the Contractor has credible evidence of fraud); and

(ii) Any actions taken against a Contractor employee, subcontractor, subcontractor employee, or their agent pursuant to this clause.

(2) If the allegation may be associated with more than one contract, the Contractor shall inform the contracting officer for the contract with the highest dollar value.

(e) Remedies. In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (c), (d), (g), (h), or (i) of this clause may result in—

(1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;

(2) Requiring the Contractor to terminate a subcontract;

(3) Suspension of contract payments until the Contractor has taken appropriate remedial action;

(4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance;

(5) Declining to exercise available options under the contract;

(6) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or

(7) Suspension or debarment.

(f) Mitigating and aggravating factors. When determining remedies, the Contracting Officer may consider the following:

(1) Mitigating factors. The Contractor had a Trafficking in Persons compliance plan or an awareness program at the time of the violation, was in compliance with the plan, and has taken appropriate remedial actions for the violation, that may include reparation to victims for such violations.

(2) Aggravating factors. The Contractor failed to abate an alleged violation or enforce the requirements of a compliance plan, when directed by the Contracting Officer to do so.

(g) Full cooperation.

(1) The Contractor shall, at a minimum—

(i) Disclose to the agency Inspector General information sufficient to identify the nature and extent of an offense and the individuals responsible for the conduct;

(ii) Provide timely and complete responses to Government auditors' and investigators' requests for documents;

(iii) Cooperate fully in providing reasonable access to its facilities and staff (both inside and outside the U.S.) to allow contracting agencies and other responsible Federal agencies to conduct audits, investigations, or other actions to ascertain compliance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. chapter 78), E.O. 13627, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor; and

(iv) Protect all employees suspected of being victims of or witnesses to prohibited activities, prior to returning to the country from which the employee was recruited, and shall not prevent or hinder the ability of these employees from cooperating fully with Government authorities.

(2) The requirement for full cooperation does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not—

(i) Require the Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine;

(ii) Require any officer, director, owner, employee, or agent of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; or

(iii) Restrict the Contractor from—

(A) Conducting an internal investigation; or

(B) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

(h) Compliance plan.

(1) This paragraph (h) applies to any portion of the contract that—

(i) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and

(ii) Has an estimated value that exceeds $500,000.

(2) The Contractor shall maintain a compliance plan during the performance of the contract that is appropriate—

(i) To the size and complexity of the contract; and

(ii) To the nature and scope of the activities to be performed for the Government, including the number of non- United States citizens expected to be employed and the risk that the contract or subcontract will involve services or supplies susceptible to trafficking in persons.

(3) Minimum requirements. The compliance plan must include, at a minimum, the following:

(i) An awareness program to inform contractor employees about the Government's policy prohibiting trafficking-related activities described in paragraph (b) of this clause, the activities prohibited, and the actions that will be taken against the employee for violations. Additional information about Trafficking in Persons and examples of awareness programs can be found at the Web site for the Department of State's Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/j/tip/.

(ii) A process for employees to report, without fear of retaliation, activity inconsistent with the policy prohibiting trafficking in persons, including a means to make available to all employees the hotline phone number of the Global Human Trafficking Hotline at 1-844-888-FREE and its email address at help@befree.org.

(iii) A recruitment and wage plan that only permits the use of recruitment companies with trained employees, prohibits charging recruitment fees to the employee, and ensures that wages meet applicable host-country legal requirements or explains any variance.

(iv) A housing plan, if the Contractor or subcontractor intends to provide or arrange housing, that ensures that the housing meets host-country housing and safety standards.

(v) Procedures to prevent agents and subcontractors at any tier and at any dollar value from engaging in trafficking in persons (including activities in paragraph (b) of this clause) and to monitor, detect, and terminate any agents, subcontracts, or subcontractor employees that have engaged in such activities.

(4) Posting.

(i) The Contractor shall post the relevant contents of the compliance plan, no later than the initiation of contract performance, at the workplace (unless the work is to be performed in the field or not in a fixed location) and on the Contractor's Web site (if one is maintained). If posting at the workplace or on the Web site is impracticable, the Contractor shall provide the relevant contents of the compliance plan to each worker in writing.

(ii) The Contractor shall provide the compliance plan to the Contracting Officer upon request.

(5) Certification. Annually after receiving an award, the Contractor shall submit a certification to the Contracting Officer that—

(i) It has implemented a compliance plan to prevent any prohibited activities identified at paragraph (b) of this clause and to monitor, detect, and terminate any agent, subcontract or subcontractor employee engaging in prohibited activities; and

(ii) After having conducted due diligence, either—

(A) To the best of the Contractor's knowledge and belief, neither it nor any of its agents, subcontractors, or their agents is engaged in any such activities; or

(B) If abuses relating to any of the prohibited activities identified in paragraph (b) of this clause have been found, the Contractor or subcontractor has taken the appropriate remedial and referral actions.

(i) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (i), in all subcontracts and in all contracts with agents. The requirements in paragraph (h) of this clause apply only to any portion of the subcontract that—

(A) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and

(B) Has an estimated value that exceeds $500,000.

(2) If any subcontractor is required by this clause to submit a certification, the Contractor shall require submission prior to the award of the subcontract and annually thereafter. The certification shall cover the items in paragraph (h)(5) of this clause.

52.232-16 PROGRESS PAYMENTS (APR 2012)

The Government will make progress payments to the Contractor when requested as work progresses, but not more frequently than monthly, in amounts of $2,500 or more approved by the Contracting Officer, under the following conditions:

(a) Computation of amounts. (1) Unless the Contractor requests a smaller amount, the Government will compute each progress payment as 80 percent of the Contractor's total costs incurred under this contract whether or not actually paid, plus financing payments to subcontractors (see paragraph (j) of this clause), less the sum of all previous progress payments made by the Government under this contract. The Contracting Officer will consider cost of money that would be allowable under FAR 31.205-10 as an incurred cost for progress payment purposes.

(2) The amount of financing and other payments for supplies and services purchased directly for the contract are limited to the amounts that have been paid by cash, check, or other forms of payment, or that are determined due and will be paid to subcontractors--

(i) In accordance with the terms and conditions of a subcontract or invoice; and

(ii) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government.

(3) The Government will exclude accrued costs of Contractor contributions under employee pension plans until actually paid unless--

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's total costs for progress payments until paid).

(4) The Contractor shall not include the following in total costs for progress payment purposes in paragraph (a)(1) of this clause:

(i) Costs that are not reasonable, allocable to this contract, and consistent with sound and generally accepted accounting principles and practices.

(ii) Costs incurred by subcontractors or suppliers.

(iii) Costs ordinarily capitalized and subject to depreciation or amortization except for the properly depreciated or amortized portion of such costs.

(iv) Payments made or amounts payable to subcontractors or suppliers, except for --

(A) Completed work, including partial deliveries, to which the Contractor has acquired title; and

(B) Work under cost-reimbursement or time-and-material subcontracts to which the Contractor has acquired title.

(5) The amount of unliquidated progress payments may exceed neither (i) the progress payments made against incomplete work (including allowable unliquidated progress payments to subcontractors) nor

(ii) the…