16-R-0002-0002.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

TO UPDATE SOW.

OTHER TERMS AND CONDITIONS REMAIN UNCHANGED

1. CONTRACT ID CODE PAGE OF PAGES

J 1 27

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 17-Mar-2016

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W913FT-16-R-0002

X 9B. DATED (SEE ITEM 11)

17-Feb-2016

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

17-Mar-2016

CODE

REGIONAL CONTRACTING OFFICE (RCO) BOGOTA

CARRERA 45 NO. 24B-27

USMILGP CONTRACTING

BOGOTA

W913FT 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W913FT-16-R-0002

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION

The following have been added by full text:

REVISED SOW

STATEMENT OF WORK (SOW)

SCHOOL CONSTRUCTION IN BUENAVENTURA - VALLE DEL CAUCA

PART 1

1. GENERAL: Under this contract, the Contractor shall design and construct Classrooms, in the municipality of Buenaventura, Valle del Cauca, Colombia in accordance with (IAW) the Statement of Work (SOW). The Government shall not exercise any supervision or control over the contract providers performing the tasks herein.

Any services provided under this contract are considered non-personal in nature.

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.

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.

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 statement of work. The classrooms will consist of one building with two stories (floors). Each story will have 2 classroom. In the first floor, contractor shall also construct restrooms and meeting/office space. Approximately 250 m2 (each floor) of required construction. Construction shall include sidewalks as shown in Technical Exhibit 2 School design.

The work executed by the contractor shall include but is not limited to:

Demolition of existing school.

Project site localization and layout.

Provisional fencing and camp.

Stripping topsoil, all excavation, backfill and compaction.

Foundation beams, compacted fill, proper concrete mix for the footings, footing beams, aerial beams, columns, lintels, slabs, ditch and sidewalks.

Conventional masonry.

Metallic structure and roof materials.

Potable water distribution system, sanitary system and storm water system.

Elevated storage tanks, tower, pump, and pump housing.

Electrical distribution system and accessories.

Interior and exterior stucco, interior plaster, paint on interior and exterior walls, floor tiles, wall tiles, windows, doors and bathrooms.

Septic system Commemorative plate, flags area, informative banner and clean-up.

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, contractor shall immediately notify the KO. Structural license engineers shall approve the final project designs prior construction start.

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

1.2 Background: The project is part of US Southern Command’s Humanitarian Assistance Program and complements the Colombian Army’s (COLAR) Civil Affairs requirements.

1.3 Objectives: The objective is to provide classrooms in to the Municipality of Buenaventura, which requires an appropriate place for the children of Buenaventura to study. Additionally, the classrooms will also contain individual restrooms for boys, girls and teacher; it will also include an office/meeting room.

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

1.5 General Information:

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

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

1.5.3 Hours of Operation: The Contractor shall execute work within the following work schedule: Monday through Friday, 7:00 a.m. through 5:00 p.m. and Saturdays 8:00 a.m. through 3:00 p.m., except Colombian holidays or when the local Government facilities are closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this SOW when the Government facility is not closed.

When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.5.4 Place of Performance: The work to be performed under this contract will be performed in the municipality of Buenaventura, Department of Valle del Cauca.

1.5.5 Physical Security: The contractor shall be responsible for safeguarding all USG 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.”

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

Full birth name Married name (if applicable) SSN or local equivalent (ID card number) Date of birth Place of birth (city, country)

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

Notify the KO of that information; and Any actions taken against Contractor employees, subcontractors, or subcontractor employees pursuant to this section.

1.5.5.1.2 The Contractor shall also immediately-

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

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

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

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

Requiring the Contractor to terminate a subcontract;

Suspension of contract payments;

Termination of the contract for default, in accordance with the termination clause of this contract; or Suspension or debarment.

1.5.5.2.1Subcontracts. The Contractor shall include the substance of this paragraph in all subcontracts.

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

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

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

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

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

1.5.5.5.3 Advertisement and Social Media. The contractor shall NOT post information to public website or social media locations, personal or professional, that in any way disclose conference names, locations, hotel data, conference participants, discussions, pictures, etc. before, during or after the conference without the express consent of the Government.

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

1.5.5.7 Security Clearance. A security clearance for contracting personnel is not required for this project.

Contractor personnel will not be accessing any restricted areas to accomplish this task.

1.5.6 Travel Requirements. Contractor will ensure that all U.S. citizen or resident, and TCN contractor employees and subcontractor employees performing services under this contract who are traveling into 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. Contractor personnel shall return all USG issued identification, to include the Common Access Card, to appropriate USG authorities within five (5) days of the end of their travel or contractual duties.

1.5.7 Training Requirements. All U.S. citizens or residents, and TCN contractor personnel must comply with the training requirements listed in the FCG. Verification of the training will be made available to the KO upon request.

Additionally, they must receive personal security training that includes at a minimum:

Safety and security issues facing employees within the USSOUTHCOM AOR.

Identifies safety and security contingency planning activities.

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

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

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

1.5.8.2 Synchronized Predeployment and Operational Tracker (SPOT). Upon award of this contract, or employment of new personnel, the Contractor shall enter contractor employees and sub-contractor employees performing services under this contract into the SPOT database who meet one of the following conditions:

All U.S. citizen and resident, and third country national (TCN) personnel who travel into the USSOUTHCOM AOR for periods of performance anticipated to exceed 30 consecutive days.

TCN, host nation (HN), or local national (LN) personnel who reside with or work in the immediate vicinity of U.S. Armed Forces and/or DOD Civilian personnel for periods of performance anticipated to exceed 30 consecutive days.

Private security contractors and contingency contractor personnel authorized to carry weapons regardless of proximity to U.S. Armed Forces or DOD Civilian personnel and regardless of the length of the anticipated period of performance.

Contractor and sub-contractor personnel with a place of performance in the continental United States, including the USSOUTHCOM Headquarters and Joint Interagency Task Force-South (JIATF-S) Headquarters, that may, within the terms of the contract, deploy to the USSOUTHCOM AOR for periods anticipated to exceed 30 consecutive days.

The Government Representative will approve all employees in the SPOT database and a Letter of Authorization (LOA) is generated to the Contractor on each employee. The signed LOA is required prior to travel to, from, or within the USSOUTHCOM AOR. The LOA also will identify any additional authorizations, privileges, or Government support to which Contractor personnel are entitled under this contract. The LOA will be regenerated by the Contractor upon expiration of the LOA. Changes to the status of individual personnel relating to their in-theater arrival date and their duty location, to include closing out the trip with their proper status (e.g., mission complete, wounded, etc.) shall be annotated within the SPOT database in accordance with the timeliness established in the SPOT business rules. Information and standards for the SPOT system is posted on the U.S. Government Foreign Clearance Guide website at https://www.fcg.pentagon.mil/fcg.cfm for the country of employment. Access to SPOT is https://spot.dmdc.mil.

1.5.9 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, all Government facilities, equipment, and materials shall be secured.

1.5.9.1 Contractor and workforce shall take appropriate security measures to protect U.S. Government critical and sensitive information. The Contractor shall not disclose specifics of the project to unauthorized personnel.

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

1.5.9.2 Key Control. Not applicable.

1.5.9.3 Lock Combinations. Not applicable.

1.5.10 Post Award Conference/Periodic Progress Meetings: The Contractor shall attend the pre-construction conference and any post award conferences convened by the KO IAW Federal Acquisition Regulation (FAR)

Subpart 42.5. The KO and COR, with other USG personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the KO will apprise the contractor of how the USG views the contractor's performance and the contractor shall apprise the USG of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the USG.

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

Minutes are due ten (10) days after meeting concluded.

1.5.11 Contracting Officer Representative (COR). The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and approves progress payments on a monthly basis and notifies both the KO and Contractor of any deficiencies;

coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

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

Minimum qualifications for all key personnel are listed below: The project engineer/architect shall have a bachelor’s degree in engineering/architecture and maintain a valid professional registration that is accepted by the Government of Uruguay, and at least ten (10) years of experience. 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 Uruguay, and at least five (5) years of experience with projects of a similar type and magnitude. The project superintendent/foreman shall have at least three (3) years or three (3) projects of experience with projects of a similar type and magnitude. The Contractor’s quality control representative shall have at least five (5) years as a quality control inspector in the construction field.

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

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.

1.5.12.1 Project Engineer/Architect Superintendent/Foreman.

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

The Project Engineer/Architect shall be responsible for overall management and coordination of this contract;

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

1.5.12.1.2 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.

1.5.12.2 Personnel Listing.

1.5.12.2.1 After the NTP, the Contractor shall have five (5) days to submit to the KO a list of workers and Project Managers assigned to work at Buenavista (Biographic Data on Personnel). Required information for each individual on the personnel list for Buenavista shall include:

Full Name Place and Date of Birth Current Address Identification number

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

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

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

1.5.13 Other Direct Costs. Not applicable.

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

1.5.15 Laws and Regulations.

1.5.15.1 Compliance Required. The Contractor shall, as a minimum, and without additional expense to the U.S.

Government, be responsible for complying with all Colombian laws, codes, ordinances, and regulations applicable to the performance of the work, including those of the host country, and with the lawful orders of any governmental authority having jurisdiction. In the event that a Colombian law or regulation does not exist for a particular event, then the U.S. version of at least equal coverage will be specified by the U.S. Government in the particular section of this SOW. In the event of a conflict between the contract and such laws, regulations and orders, the Contractor shall promptly advise the KO of the conflict and of the Contractor's proposed course of resolution.

1.5.15.2 Labor, Health and Safety Laws. The Contractor shall comply with all local labor laws of Colombia, 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 Colombian regulation “Normatividad Salud Ocupacional y Seguridad Industrial” are the minimum acceptable standards. The Contractor is responsible for training all personnel to recognize fire and safety hazards. The Contractor shall encourage personnel in the performance of their duties to report fire, safety hazards and unsafe conditions to their supervisor. In the event that a Colombian 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.

1.5.16 Licenses and Permits.

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

COR.

1.5.16.2 Subcontractor Licenses and Permits. The Contractor shall inform the COR and KO in writing that all subcontractors and others performing work at the worksite have obtained all requisite licenses and permits. 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 Environmental Protection.

1.5.17.1 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 Colombian Codes and Military Base regulations/laws.

1.5.17.2 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.

1.5.17.3 The Contractor shall not pollute storm or sewer lines; or swales with fuels, oils, bitumen, calcium chloride, acid, construction wastes; or other harmful materials. It is the responsibility of the Contractor to investigate and comply with all applicable Colombian 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.

1.5.17.4 Waste material is defined as any material for which no use or reuse is intended and which is to be discarded. Disposal of hazardous waste, containers or components thereof, shall be in a hazardous waste disposal site only and no other location shall be utilized for such disposal. Only hazardous waste sites which are permitted by the US Environmental Protection Agency (EPA), and/or the Government of Colombia shall be utilized for such disposal actions. Contractor shall coordinate with Colombian environmental agencies for disposal/storage activities.

1.5.18 Personnel Safety. The Contractor shall ensure the safety of their personnel in accordance with Colombian 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).

1.5.18.1 Accident Protection (AP) and Emergency Medical Treatment (EMT). The Contractor shall have competent personnel licensed by the Colombian government to be trained and capable of dealing with minor personnel injuries.

The personnel shall be qualified to provide first aid in case of emergency. The number of AP and EMT shall be sufficient to care for the number of employees at the site in the case of an emergency.

1.5.18.2 All work crews, Contractor management personnel, and the COR shall be provided with information pertaining to the Contractor's arrangements for emergency medical treatment five (5) days prior to the start of work.

This information shall include the following:

Local Hospital: Name Phone No.

Local Ambulance: Name Phone No.

Local Doctor: Name Phone No

1.5.19 Marking of Work Zones. The Contractor shall mark all work zones using two lines of plastic yellow security ribbon. Yellow security ribbons shall be 8 cm wide and supported on very 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.

1.5.20 Construction Operations and Storage Areas.

1.5.20.1 Confinement to Authorized Areas. The Contractor shall confine all operations (including storage of materials) on to areas authorized or approved by the COR from information received by local authorities. U.S.

Government agencies shall have access to the premises for official fire, safety, and security inspections and/or to conduct site visits as authorized by the COR.

1.5.20.2 Access to Contractor Storage Yard. The Contractor shall only store materials and equipment for the classroom project at Buenaventura, Valle del Cauca. The specific worksite location will be coordinated with Buenaventura Department of Public Works or equivalent office during the pre-performance 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 authorities, use only established site entrances and roadways at both worksite locations.

1.5.21.2 Vehicle list. Not applicable

1.5.22 Unforeseen Conditions: The Contractor shall conduct aerial, surface, underground or embedded interference survey to avoid damage to pipes, boxes, cables, utility poles, hoses, wells or other elements in the work area. The Contractor shall properly document existing conditions prior to commencement of work (FAR 52.236-2) by taking photos and having a school official or representative to walk the work site. Contractor shall formalize the existing conditions in a report with an official memo. This report and officio shall be signed by the Buenaventura 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 Calendar Days. Any reference in the Statement of Work to “days” refers to calendar days, rather than business days, unless otherwise specified.

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

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

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

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

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

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

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

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

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

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

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

For this purpose, non-DOD contractor personnel are considered traveling under DOD sponsorship.

2.1.14 Work Day. The number of hours per day the Contractor performs in accordance with the contract.

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

2.1.16 Project Engineer (PE)/Architect: The person who is the technical representative for the Contractor in all phases of the project, from design to final execution. This person will be responsible for design and materials submittals and will attend meetings as required for the project. The experience required is defined in Section 1.5.13.

2.1.17 Field Engineer/Architect. It is the onsite technical representative overseeing the engineering aspects of the project. This person will ensure proper work execution with regards to project designs, technical standards and project schedule. This person can also establish quality control construction processes. The experience required is defined in Section 1.5.13.

2.1.18 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 1.5.13.

2.2. Acronyms:

ACI American Concrete Institute AFARS Army Federal Acquisition Regulation Supplement AISC American Institute of Steel Construction AR Army Regulation ASTM American Society for Testing Materials AWS American Welding Society CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative CPM Critical Path Method DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation IAW In Accordance With HID High-intensity discharge KO Contracting Officer NSR Norma Sismo Resistente NTC Normas Técnicas Colombianas OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) PERT Program Evaluation & Review Technique POC Point of Contact QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program RAS Reglamento Técnico del Sector de Agua Potable y Saneamiento Básico RETIE Reglamento Técnico de Instalaciones Eléctricas SOW Statement of Work TCN Third Country National TE Technical Exhibit UL Underwriters Laboratories

PART 3

3. GOVERNMENT FURNISHED ITEMS AND SERVICES. The Government shall not furnish services, equipment, or materials in the performance of this contract.

PART 4

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES.

4.1 General. The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract as outlined within this SOW. All work shall be performed in accordance with manufacturer specifications and instructions for the products and/or materials to be used, and performed by certified personnel such as professional electrical engineers, electricians, and civil engineers. The Contractor shall verify existing conditions prior to actual installation of the equipment. The Contractor shall comply with special considerations, safety program, required insurance and Military Base regulations.

4.2 Secret Facility Clearance. Not applicable.

4.3 Materials. The Contractor shall provide cement, aggregates, concrete, reinforced steel, metallic structure, welding materials, masonry, bath apparatuses, electrical materials, wall tiles for bathrooms, floor tiles, paint, stucco, windows and doors and all related materials for the construction.

4.4 Equipment. The Contractor shall provide all required construction equipment to construct the classrooms, including excavator, concrete mixer, lifting equipment, trucks to transport debris, etc to construct and install what is included in this contract.

4.5 Responsibilities of Contractor.

4.5.1 Damage to Persons or Property. The Contractor shall be responsible for all damages to persons or properties at the worksite that occur as a result of the Contractor's own fault or negligence. The Contract shall take proper safety and health precautions to protect the work sites, the workers, the public, and the property of others.

4.5.2 Responsibility for Work Performed. The Contractor shall be responsible for all materials delivered and work performed until final completion and acceptance of the entire project, except for any completed unit of work which may have been accepted in writing under the contract.

4.6 Contractor Records/Progress Reports. The Contractor shall certify all completed work on bi-weekly basis and provide bi-weekly progress report to the COR and KO. Bi-weekly report is due every other Tuesday, no later than 1300 hrs (1:00 p.m. CST).

4.7 Contractor Work Schedules. Offerors shall include in their technical proposal a complete project management schedule utilizing the Critical Path Method (CPM), Program Evaluation & Review Technique (PERT) or Gantt Chart showing major construction phases (i.e. clearing site, site prep, foundation, concrete structure, metallic structure, water lines, sanitary lines, electrical system, drainage system, roof tiles, masonry, stucco, floor tiles, wall tiles, bathrooms, windows, doors, tests, cleaning, final inspection and punch list corrections). These items will become part of the contract at award. Sufficient float time shall be incorporated in the schedule to account for down days due to inclement weather. Contractor shall include quality assurance inspections performed by QA rep at each worksite.

4.8 Progress Meetings. The Contractor or the Project Engineer may be required to meet at least weekly with the KO and/or the COR during the first month of the contract 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 Contractor Project Engineer, KO and/or the COR, and any other individuals in attendance.

4.9 Repair. The Contractor shall repair any damage to the existing grounds, facilities or property incurred during the course of construction at Buenaventura to its original pre-existing conditions.

4.10 Safety. The Contractor is responsible for the safety of workers and visitors to the work sites. The Contractor shall ensure that all personnel wear appropriate safety gear at all times in compliance with all Colombian Occupational Safety & Health regulations and ensue all local safety regulations are followed at all times. The Contractor shall provide sanitation for workers in accordance with the latest edition of Corps of Engineers Safety and Health Manual EM 385-1-1 and Colombian safety and health laws. Contractor shall comply with safety and health requirements as established by EM 385-1-1. Information about how to obtain electronic and/or hard copies of this manual is located at the following website: http://www.usace.army.mil/CESO/Pages/EM385-1-1.aspx

4.10.1 Prohibition on Asbestos and Lead Based Paints. The Contractor shall not use materials containing Asbestos or Lead Based Paints in this construction project. Upon completion of each construction project, the

Contractor shall submit two copies of a Certified Letter to the COR stating that no lead based paints or materials containing asbestos were used in this project at Buenaventura. One copy of the letter shall be filed with project documents in the Resident Engineer's Office and second copy filed in the COR’s project folder.

4.11 Utilities Connections and Excavations

4.11.1 The U.S. Government will not provide any utility connections. It is the Contractor’s responsibility to provide any generators required to operate any of its own equipment at its own expense. The Contractor shall be also responsible for providing potable water daily at the construction worksite for all employees at Contractor’s own expense.