1 Peshawar, Pakistan Date: February 21, 2019 To: Offeror Request Number: PR8039700 From: Contracting Officer General Services Office US Consulate General 11 Hospital Road Peshawar Fax: 92-91-527-6712 E-mail: [email protected]Phone: 92-91-526-8800 _________________________________________________________________________ Subject: Request for Proposal and Price quote for FSNI Building Structure Strengthening The US Consulate General Peshawar requests your proposal and price quote on or before the date and time mentioned in Section 35.2 for the following services: 1. GENERAL The American Consulate in Peshawar requires the services of a qualified contractor for design and build services. The purpose of this request for proposal (RFP) is to seek competitive proposals from competent design-build contractors for the Project: STRUCTURE STRENGTHENING OF FSNI BUILDING. After the RFP phase, proposals of all potential contractors will be evaluated and one contractor will be selected for the design and build phase of the project. The selected contractor will be required to prepare detailed drawings/layouts and construction plans. After approval of the drawings and construction plan, the Contractor will be required to carry out the construction work. 1.1) Appendices The following, if indicated are the Appendices to this document:- Appendix Number Appendix Title Appendix 1 Structural Evaluation report/Layout 2. Location: Contractor shall carry out the work at U.S. Consulate General Peshawar. It is located at 11 Hospital Road, Peshawar Cantt. Peshawar.
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Peshawar, Pakistan Date: February 21, 2019
To: Offeror Request Number: PR8039700 From: Contracting Officer General Services Office US Consulate General 11 Hospital Road Peshawar Fax: 92-91-527-6712 E-mail: [email protected] Phone: 92-91-526-8800 _________________________________________________________________________ Subject: Request for Proposal and Price quote for FSNI Building Structure Strengthening The US Consulate General Peshawar requests your proposal and price quote on or before the date and time mentioned in Section 35.2 for the following services:
1. GENERAL The American Consulate in Peshawar requires the services of a qualified contractor for design and build services. The purpose of this request for proposal (RFP) is to seek competitive proposals from competent design-build contractors for the Project: STRUCTURE STRENGTHENING OF FSNI BUILDING. After the RFP phase, proposals of all potential contractors will be evaluated and one contractor will be selected for the design and build phase of the project. The selected contractor will be required to prepare detailed drawings/layouts and construction plans. After approval of the drawings and construction plan, the Contractor will be required to carry out the construction work. 1.1) Appendices The following, if indicated are the Appendices to this document:- Appendix Number Appendix Title Appendix 1 Structural Evaluation report/Layout 2. Location: Contractor shall carry out the work at U.S. Consulate General Peshawar. It is located at 11 Hospital Road, Peshawar Cantt. Peshawar.
3. General Requirements: 3.1) The construction work shall be executed in a diligent manner in accordance with a fix performance
period of ninety (90) working days. 3.2) The contractor shall require preparing reports, bill of materials, catalog cuts, schedules, layouts, shop
drawings and cost estimates. These documents shall provide the necessary interfaces, coordination and communication among the Consulate General and the contractor.
3.3) Contractor is responsible to take exact measurement during pre-bid meeting and site visit.
3.4) Contractor shall perform the job in accordance with U.S. Codes and standards and local host country
codes.
3.5) The Facilities Section U.S. Consulate General Peshawar will provide technical direction to the contractor.
3.6) For health and safety requirement please refer to 7. 3.7) Overview: The FSNI building is a two story conventional structure with no basement, comprising of
reinforced brick two-way slab at the first floor and reinforced concrete two-way slab at the lower roof and T-Iron Brick slab at the high roof level supported on load bearing brick masonry walls for both gravity and lateral loads. The building construction seems to have been phased vertically. The first floor finishes/demising walls and the roof framing seems to have been added to the base building structure. No base building drawings are available for the existing building.
3.8) Background: A Structural Evaluation was commissioned and carried out for the FSNI Building in February 2018. Part of that evaluation, a field visit was carried out and layout plans were created to facilitate the review process. Distress in structural elements was observed and a recommendation for strengthening of the structure was made to establish the integrity of the building structure.
4. SCOPE OF SERVICE:
4.1 U.S. Consulate General is issuing this request for proposal (RFP) to select qualified contractor for structural engineering design and build services for the rehabilitation of the FSNI Building in Peshawar in order to comply with the latest structural and seismic provisions.
4.2 The Contractor work is explained in clauses 4.4 - 4.21 which will help the Contractor in preparing the proposal. Further information about the building can be seen in Appendix 1 – structural evaluation report.
4.3 The qualifications, experience, financial terms, staffing plan and the construction plan the DESIGN-BUILDER is proposing to implement, will be evaluated and ranked. Proposal evaluation criteria is explained in section 5 of this document.
4.4 The work will include structural analysis, design, peer review and evaluation between the U.S. Consulate and the Contractor.
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4.5 Contractor shall provide all back up calculations for any structural design elements. The consultant will also provide field inspection of existing structural elements to ensure compliance with approved design plans and specifications. The consultant will be required to provide the following items.
4.6 Carry out non-destructive testing of existing structural members to determine required parameters, cutting out floors at selective locations for type of foundation its size, exploring possibility of reinforced concrete slab on grade etc.
4.7 The building has brick masonry walls as a bearing wall system for seismic resistance. It would be appropriate to select locations for brick shear test and take out few brick core samples for compressive strength test to ascertain both load capacity in bearing and shear of walls in general so that retrofit design is optimized.
4.8 Foundation size adequacy has to be checked for bearing pressures for gravity and seismic loading. Measures for foundation strengthening to be evolved in case such action is required. Geotechnical Investigation shall also be conducted for a conclusive approach and analysis.
4.9 Structural Analysis of building for gravity and seismic load shall be in accordance with the OBO Design Standards 2019 which reference IBC2015, and ASCE7-10. Following seismic spectral acceleration MCEr parameters shall be used: Ss = 1.79, and S1=0.85. for wind, Ultimate design wind speed shall be VultII = 51m/s for Material properties to be defined for concrete and reinforcement should have due consideration for degenerative existing conditions such as rust flaking of reinforcing steel in contact with brick tiles. Degeneration/ fragmentation of brick units in reinforced brick slab aging under and sustained tensile stress condition.
4.10 Propose structural retrofitting options (A minimum of two options). Options shall opt for strengthening of various structural members for vertical members and securing horizontal framing from any possible future delamination.
4.11 Retrofitting of unreinforced brick masonry walls for seismic shear capacity build up by: 4.11.1 Using steel sections bolted to the walls and connected to upper and bottom diaphragms. 4.11.2 Wall jacketing with (mesh) reinforced double wall at one or both sides of the walls. 4.11.3 Removal and reconstruction using reinforced concrete or cement masonry block wall.
4.12 Retrofitting of Reinforced brick slabs to improve three-dimensional behavior of the structure under seismic loads by 4.12.1 Wall to wall and floor to wall connection 4.12.2 External circumferential tie rods FRP or metallic elements 4.12.3 Ring beams. 4.12.4 Additional measures for risk reduction of desegregation/ fragmentation of reinforced brick
slab.
4.13 Retrofitting Structural beams or lintels for flexural and shear under gravity loading by: 4.13.1 section enlargement
4.14 Value Engineering based on the selected option. Opted solution with minimum space loss
shall outweigh. 4.15 The retrofit interventions should be simple, feasible and moderately-invasive. 4.16 A careful assessment of seismic vulnerability and potential collapse mechanism of the
building for the most effective intervention is required.
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4.17 All plaster and ceiling repairs/replacement and painting of the whole interior of the building as per requirement
4.18 Solicitation including SOW for construction, Construction Documents including drawings, specifications and priced bill of quantities.
4.19 Construction drawings shall for elaborated details of retrofit interventions with specifications. All items of works to be well described and quantified in the construction document
4.20 Consultancy support for the construction duration of the project. 4.21 The contractor shall provide the cleared personnel, material, equipment and supervision to
complete the technical requirements in this statement of work. The contractor shall follow the safety and security directives as explained by Contracting Officer Representative (COR).
4.22 The final locations and routes shall be demonstrated and approved during a pre-construction site visit meeting
5. PROPOSAL EVALUATION CRITERIA Upon review of proposals received in response to this RFP, the US Consulate expects to select a single DESIGN-BUILDER to provide comprehensive design and construction services as outlined in Section 4 above. Below are the criteria for the rating of the proposals.
5.1 Project Plan: The proposer/contractor should submit an outline of the project methodology that he proposes to implement. The proposer must explain the approach the Proposer will take in delivering the comprehensive technical services required to design, procure and construct the project
5.2 Qualification and Project experience: Demonstrated experience of these kind of projects. A brief
description of the past projects with details like Customer's name and address, Total contract cost, Type of contract; design-build, construction management, Guaranteed Maximum Price
. 5.3 Staffing plan: Qualifications of proposed number of licensed and certified professionals (not including
unrelated subcontractors), documented technical and project administration skills, licensure, certification and experience of the proposed project team.
5.4 Financial Terms/Price Proposal: The Proposer should submit the total cost of the project by splitting the cost into different phases of the project like Architecture and engineering design services, documentation and drawings, Construction and implementation, project management and supervision, labor, insurances and any other overheads.
5.5 Proposed Project Schedule: The proposer must provide a complete program schedule for the
completion of all major project milestones. 6. FINAL Design-builder Selection:
6.1 The proposal with the highest combined rating, per the criteria defined in section 5 above, from all members of the review team will ultimately determine the DESIGN-BUILDER to be selected to implement the project.
6.2 Right to Reject Proposals: This RFP does not commit the US Consulate to award a contract, pay any cost incurred in the preparation of a proposal in response to this RFP, or procure or contract for services. The US CONSULATE intends to award a contract on the basis of the best interest of and advantage to the US CONSULATE, and reserves the right to accept or reject any or all proposals received as a result of this
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request. The US CONSULATE reserves the right to negotiate with all qualified proposers, or to cancel this RFP in part or in its entirety, if it is in the best interest of the US CONSULATE to do so.
7. HEALTH & SAFETY 7.1 Contractor shall at their own expense, protect its employees and all other persons from risk of death,
injury or bodily harm arising from or in any way related to the work. Contractor shall fully comply with all laws, orders, citations, rules, regulations, standards and statutes concerning occupational health and safety, accident prevention, safety equipment and practices, including, but not limited to federal and state OSHA regulations.
7.2 Contractor is responsible for provision of appropriate and legally acceptable means of access to its employees to perform the job safely, e.g. Scaffolds, Ladders, Platforms, etc.
7.3 All workforces reporting into the site must be equipped with hard hats, work shoes, eye protection, and
respiratory protection for oil based liquids (provided by the contractors).
7.4 All tools, equipment and machinery mobilized by the contractor must be in safe condition to use, preferably they are to meet federal regulations.
7.5 The contractor will be required to conduct morning Toolbox talk at the start of each shift with all staff
attending it.
7.6 Standard scaffold to be used by the contractor for elevated areas and the scaffolding must be inspected by FAC/APOSHO prior to commencement of work.
7.7 Any height greater than 6ft to be guarded by standard handrail, mid rail and kick board.
7.8 Elevated work forms to be accessed only by ladders.
7.9 Prior to paint near electrical fittings, communicate the scenario to POC.
7.10 The contractor is responsible to provide MSDS of the chemicals being used.
7.11 The contractor is responsible for daily housekeeping of the jobsite.
7.12 All Hot works to be carried out must have an approved (from FAC) Permit to perform hot work.
7.13 The contractor shall be responsible for reporting all mishaps.
8. The contractor shall perform the job in accordance with International building Codes and standards and host country codes. International Building Codes 2006, ASTM Standards and local host country codes.
9. The Contractor shall be responsible for the professional quality, technical accuracy, and the
coordination of all construction and other services furnished under this contract. The Contractor shall, without additional compensation, correct or revise any errors or deficiencies in its construction and other services
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10. The Contractor shall assign a Project Site Manager, who shall be responsible for the overall management of the project and shall represent the Contractor on the site during construction. The Contracting Officer (CO) or his Designee must approve the Project Site Manager. The project site manager shall attend all project meetings.
11. The Contractor shall prepare and maintain a Quality Control Schedule (QCS) to address the cost and schedule of the project. The QCS must document the entire project from beginning to end.
12. The Contractor shall verify that all materials, equipment, and systems provide operational
dependability. The Contractor shall construct the project for easy maintenance with readily available materials and services. Contractor shall maximize the compatibility of materials.
13. Any cost associated with services subcontracted by the Contractor shall be, borne by, and be the
complete responsibility of the Contractor under this fixed price of this contract.
14. The Contractor is responsible for safety and shall comply with all local labor laws, regulations, customs and practices pertaining to labor, safety and similar matters. Contractor shall submit a safety plan. The Contractor shall promptly report all accidents resulting in lost time, disabling, or fatal injuries to the COR
15. The Contractor shall be and remain liable to Consulate General Peshawar in accordance with applicable laws for all damages to United States Government property caused by the Contractor's negligence in the performance of any of the services furnished under this contract.
16. The Contractor shall examine all the documents. The Contractor is responsible for knowing all the conditions and limitations applied to the work. Con. Gen. Peshawar shall make no subsequent allowance to the Contractor for neglect of the existing conditions.
17. The Contractor shall perform all the necessary corrections/adjustments as identified as per Punch List conducted by the COR.
18. The Contractor shall be responsible for all required materials, equipment and personnel to manage, administer, and carry out supervision of this project. All workmanship shall be of good quality and performed in a skillful manner as determined by the COR.
19. Contractor shall execute the work in a diligent manner and complete the project within the performance period. Contractor shall clean the site daily and the performance period for project completion shall include a final cleanup of the construction site.
20. The Contractor may use the area within the compound for operation of his construction equipment and may maintain temporary facilities with COR approval. The Contractor is responsible for obtaining any additional off-compound storage as required.
21. The Contractor shall be responsible for connection of all new utilities to existing utilities including power. All temporary connections to power lines shall be coordinated with the Facilities Maintenance Supervisor (FMS) through the COR.
22. At the end of each workday, or with notification of a temporary stop order, the Contractor shall temporarily seal the project area. Beginning the next workday, contractor shall remove the temporary seal before continuing the project.
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23. If any of the Contractor’s services do not conform to the contract requirements, the COR may require the Contractor to perform the services again in conformity with the contract requirements. Consulate General Peshawar may, by contract or otherwise, perform the services and charge the Contractor any cost incurred by Consulate General Peshawar that is directly related to the performance of such service or terminate the contract for default.
24. The COR has the right to inspect and test all services called for by the contract, to the extent practicable, at all times and places during the term of the contract. The COR may perform quality assurance inspections to confirm that Contractor performs the work according to the Contract Documents.
25. The Contractor shall visit the site to determine the full extent of the work. Failure to inspect the site will not constitute grounds for a claim after contract award. A site visit will be scheduled through the Contracting Officer (CO).
26. The Contractor shall dispose of materials removed under this contract at a legally approved disposal site. The Contractor shall adhere to all local laws, and requirements concerning removal, transportation, and disposal of the material.
27. Temporary electrical power and water shall be provided by the Government at no cost to the Contractor from existing lines and sources located at the building site. The characteristics and source locations may be verified by a visit to the site. The Contractor shall provide ample temporary storage shed space for materials requiring shelter from the weather, and security and safety protection.
28. The Contractor shall be responsible for obtaining all licenses and permits necessary, in compliance with any laws, codes, and regulations applicable to the execution of this work.
29. The Contractor shall warrantee work to be free of defects and workmanship for a period of 6 months from date of acceptance.
30. DELIVERYABLE, SCHEDULE AND PERIOD OF PERFORMANCE The Contractor shall be responsible for developing the Construction Timeline and Schedule of Deliverables acceptable to the COR prior to commencement of the construction. 30.1. Contractor’s schedule shall focus on all work to be performed, to ensure proper sequencing and avoid conflicts or any damage to completed work, as the work progresses. This shall include any protective measures that shall be applied in a timely manner, such as protecting installed floor/grout by covering with plastic/cardboard/paper, providing mats at entry points to prevent tracking of dirt and or mud, protecting fixtures and appliances, etc., from delivery to installation and through completion. 30.2. Contractor shall complete all work under this Contract within ninety (90) working days upon receipt of the Notice to Proceed. 30.3. Contractor shall complete all work under this Contract within ninety (90) working days upon receipt of the Notice to Proceed.
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30.4. Liquidated damages shall be assessed at Rs 10000.00 PKR per day for any delays past the 90 performance days from NTP. 30.5. Work time will be from 0800 hrs to 1630 hrs Monday through Friday. 30.6. The following leave schedule will be followed for 2019.
HOLIDAY
DATE
DAY
TYPE
Pakistan Day
March 23
Saturday
Saturday
Labor Day
May 1
Wednesday
Pakistan
Memorial Day
May 27
Monday
U.S.
Eid al Fitr*
June 5 - 6
Wednesday, Thursday
Pakistan
Independence Day
July 4
Thursday
U.S.
Eid al Adha*
August 12 - 13
Monday, Tuesday
Pakistan
Pakistan Independence Day August 14 Wednesday Pakistan Labor Day
September 2
Monday
U.S.
9th and 10th Muharram*
September 10 -
11
Tuesday, Wednesday
Pakistan
Columbus Day
October 14
Monday
U.S.
Veteran’s Day
November 11
Monday
U.S.
Thanksgiving Day
November 28
Thursday
U.S.
Christmas Day
December 25
Wednesday
U.S.
*Religious holiday are subject to the appearance of the moon and may vary from the scheduled dates.
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30.7. Quote must be in line item format, clearly defining material, labor, and installation cost. The contractor is encouraged to add additional columns to clarify additional expenses. 30.8. The CO has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The CO may perform quality assurance inspections to confirm that Contractor performs the work according to the Contract Documents 30.9 The contractor is required to submit names for security clearance at a specific time and must have appropriate labor for unforeseen shortage of personnel. The US Consulate is not responsible for delay for labor shortage or delay due to incomplete or untimely submission of personnel list.
31. CLEANING Oversee cleaning to ensure that building and grounds are maintained free from accumulations of waste materials and rubbish at all the times. Sprinkle dusty debris with very fine water mist to control accumulation of dust. Do not use water in quantity so as to puddle. During progress of work, and on daily basis, contractor shall cleanup work areas and access areas, and dispose of waste materials, rubbish, and debris. Contractor shall not allow waste materials, rubbish, and debris to accumulate and become an unsightly or dangerous condition at any time and shall remove such, from site and legally dispose of them at public or private dumping areas, off the Consulate property. Contractor shall keep streets and access to the site free of rubbish/debris and shall not drop or throw materials from heights. Upon completion of work, contractor shall clean all windows/window glass/doors and any other spattered surfaces, and remove all spattered sealer by proper methods of washing and scraping, using care not to scratch or otherwise damage finished surfaces. Upon completion of work, contractor shall clean all affected areas and surroundings. 32. AWARD Contract award is based on a “Lowest-Priced Technically Acceptable (LPTA) contracting procedure. Proposals undergo an initial evaluation for technical acceptability. Proposals that are determined to be technically acceptable are then competed for award. Award is based on lowest price. The following table defines the criteria for technical acceptability. These items must be present in the proposal. Failure to provide any of the following deliverables may deem the contractor quotation as being unacceptable. A determination of unacceptable precludes the bid from consideration
State, in writing, and agree to the 30 days credit payment terms? A minimum of one foreman person capable of communicating and reading the English language. (this persons should be present at the site visit) Was any representative of the contractor present at pre-bid meeting? Provide an established business with a permanent address and telephone listing? Demonstrate prior construction experience with suitable references? Is past performance acceptable? Provide a list of necessary personnel (to include qualifications), equipment (major tools and accessories) and financial resources available to perform the work? List approximate number of personnel that will be on-site to carry out said work
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Provide proof or capability to obtain a performance and guarantee bond and a payment bond, or to post adequate performance security, such as irrevocable letters of credit or guarantees issued by a reputable financial institution; Provide a warranty period and description of items covered that is to be issued upon project completion? Provided detailed project schedule showing work phasing and proposed daily progress schedule? Bar chart schedule is preferred. Provide a cost breakdown, as shown in the example above Is quote received within due date? Is contractor quoted reasonable price?
Is quote submitted properly followed the instructions mentioned in the covering letter?
Is period of performance acceptable which is mentioned in the SOW ?
Is contractor demanded advance payment? (the USG does not provide advance payment)
Note: Pre-solicitation visit can be arranged on March 7, 2019, if you are interested to quote for subject work and want to visit the location, please send your details (complete name, cell phone #, CNIC #, Vehicle make, model, color & number) to procurement office @ [email protected] by March 5, 2019 to get access approval.
33. CONTRACTING OFFICER REPRESENTATIVE (COR):
Syed Salman Shah (Electrical Engineer) 34. LENGTH OF THE CONTRACT: N/A. 35. TERMS & CONDITIONS 35.1. Payment Terms: Contractor shall submit an invoice upon satisfactory completion of services approved by the COR. The original copy must be submitted to the Finance Office (FO) at the following address: [email protected] and a duplicate copy must be sent to the [email protected]. Payment shall be made through EFT within 30 days upon receipt of legitimate invoice. Note: Pricing and Payment shall be made in the local currency (PKR) 35.2. Offer Due Date: Please submit your quote not later than March 21, 2019 at 1500 Hours (PST) through courier at the following addresses:
RFQ # PR8039700 GSO-Procurement Office US Consulate General 11 Hospital Road, Peshawar Cantonment. Price Proposal/Company profile (Prior Experience+refrences) can also be submitted through email at [email protected]
Note: Late proposals will not be entertained. Bidders are responsible to ensure timely submission of proposals.
35.3. Please prepare a quotation on your company letterhead in accordance with this RFQ. Both the financial and technical proposals (Prior Experience) are to be submitted separately. Contract will be awarded to the lowest price technically acceptable contractor.
35.4. Price must be submitted on Job basis. Your financial quote should be submitted per below format.
S. No Description of Services Quantity Measuring Unit
Price PKR Total Price in PKR
01 Job Description as per SOW all Job (lump sum)
36. EVALUATION FACTORS: Please provide a list of prior experience. 37. Contract Clauses: FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS (JAN 2017), is incorporated by reference (see SF-1449, Block 27A)
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive
Orders—Commercial Items (JAN 2017) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses,
which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and
108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting
Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
__X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment
Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__ (5) [Reserved]. __ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117,
section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts
(Oct 2016) (Pub. L. 111-117, section 743 of Div. C). X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters
(Jul 2013) (41 U.S.C. 2313). __ (10) [Reserved]. __ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.
657a). __ (ii) Alternate I (Nov 2011) of 52.219-3.
__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (JAN 2011) of 52.219-4. __ (13) [Reserved] __ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
__ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011).
__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7.
__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2)and (3)).
__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2016) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Nov 2016) of 52.219-9. __ (iii) Alternate II (Nov 2016) of 52.219-9. __ (iv) Alternate III (Nov 2016) of 52.219-9. __ (v) Alternate IV (Nov 2016) of 52.219-9.
__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). __ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). __ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C.
637(d)(4)(F)(i)). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov
__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O.
13126). __ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). __ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). __ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212). __ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). __ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). __ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act
(Dec 2010) (E.O. 13496). X (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and
E.O. 13627). __ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
__ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated
Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).
__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
__ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Oct 2015) of 52.223-13. __ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423
and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14.
__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).
__ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT
2015) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16.
_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG
__ (ii) Alternate I (May 2014) of 52.225-3. __ (iii) Alternate II (May 2014) of 52.225-3. __ (iv) Alternate III (May 2014) of 52.225-3.
__(47) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301note). __(48) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s,
proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (49) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
__ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov
2007) (42 U.S.C. 5150). X (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41
U.S.C. 2307(f)). X (54) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul
2013) (31 U.S.C. 3332). __ (55) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). (58)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)
(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.] __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). __ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). __ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C.
206 and 41 U.S.C. chapter 67). __ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price
Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).
__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).
__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). __ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). __ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42
U.S.C. 1792). __ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and
(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (xi) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O
13627).Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xiv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
Note to paragraph (e)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xix) 52.225-26, Contractors Performing Private Security Functions Outside the United
States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
ADDENDUM TO CONTRACT CLAUSES
FAR AND DOSAR CLAUSES NOT PRESCRIBED IN PART 12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at:
http://www.acquisition.gov/far/ or http://farsite.hill.af.mil/vffara.htm These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Department of State Acquisition Website at http://www.statebuy.state.gov to see the links to the FAR. You may also use an internet “search engine” (for example, Google, Yahoo, Excite) to obtain the latest location of the most current FAR.
The following Federal Acquisition Regulation (FAR) clauses are incorporated by reference: CLAUSE TITLE AND DATE
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM
EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014) 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT-2016)
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) 52.204-12 DATA UNIVERSAL NUMBERING SYSTEM NUMBER MAINTENANCE (DEC 2012) 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JULY 2013) 52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT (FEB
2000) 52.228-3 Workers’ Compensation Insurance (Defense Base Act) JUL 2014 52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997) 52.229-6 FOREIGN FIXED PRICE CONTRACTS (FEB 2013) 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors.
As prescribed in 32.009-2, insert the following clause:
PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)
(a) Upon receipt of accelerated payments from the Government, the Contractor shall make
accelerated payments to its small business subcontractors under this contract, to the maximum
extent practicable and prior to when such payment is otherwise required under the applicable
contract or subcontract, after receipt of a proper invoice and all other required documentation
from the small business subcontractor.
(b) The acceleration of payments under this clause does not provide any new rights under the
Prompt Payment Act.
(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with
small business concerns, including subcontracts with small business concerns for the acquisition of
commercial items.
652.232-70 PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED-PRICE) (AUG 1999) (a) General. The Government shall pay the contractor as full compensation for all work required, performed, and accepted under this contract the firm fixed-price stated in this contract.
(b) SUBMISSION OF INVOICE: Contractor/vendor shall submit two invoices- Each invoice shall include invoice number, contract number, delivery order number, date issued, brief description of supplies/services provided, quantities, unit and total price, and signed by the signing authority. One copy clearly marked DUPLICATE copy for GSO original submitted to FO e-mail to [email protected]
One original invoice to Finance Office (FO), at address given below: Finance Office ,US Consulate General 11 Hospital Road, Peshawar Cantt Or e-mail to: [email protected] Please note: Mode of Payment - Net 30 will be commenced on the date of receipt of invoice in the US Consulate General, Peshawar. (c) Contractor Remittance Address. The Government will make payment to the contractor’s address stated on the cover page of this contract, unless a separate remittance address is shown below:
652.225-71 SECTION 8(A) OF THE EXPORT ADMINISTRATION ACT OF 1979, as amended (AUG 1999)
(a) Section 8(a) of the U.S. Export Administration Act of 1979, as amended (50 U.S.C. 2407(a)), prohibits compliance by U.S. persons with any boycott fostered by a foreign country against a country which is friendly to the United States and which is not itself the object of any form of boycott pursuant to United States law or regulation. The Boycott of Israel by Arab League countries is such a boycott, and therefore, the following actions, if taken with intent to comply with, further, or support the Arab League Boycott of Israel, are prohibited activities under the Export Administration Act:
(1) Refusing, or requiring any U.S. person to refuse to do business with or in Israel, with any
Israeli business concern, or with any national or resident of Israel, or with any other person, pursuant to an agreement of, or a request from or on behalf of a boycotting country;
(2) Refusing, or requiring any U.S. person to refuse to employ or otherwise discriminating against any person on the basis of race, religion, sex, or national origin of that person or of any owner, officer, director, or employee of such person;
(3) Furnishing information with respect to the race, religion, or national origin of any U.S. person or of any owner, officer, director, or employee of such U.S. person;
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(4) Furnishing information about whether any person has, has had, or proposes to have any business relationship (including a relationship by way of sale, purchase, legal or commercial representation, shipping or other transport, insurance, investment, or supply) with or in the State of Israel, with any business concern organized under the laws of the State of Israel, with any Israeli national or resident, or with any person which is known or believed to be restricted from having any business relationship with or in Israel;
(5) Furnishing information about whether any person is a member of, has made contributions to, or is otherwise associated with or involved in the activities of any charitable or fraternal organization which supports the State of Israel; and,
(6) Paying, honoring, confirming, or otherwise implementing a letter of credit which contains any condition or requirement against doing business with the State of Israel.
(b) Under Section 8(a), the following types of activities are not forbidden ``compliance with the boycott,'' and are therefore exempted from Section 8(a)'s prohibitions listed in paragraphs (a)(1)-(6) above:
(1) Complying or agreeing to comply with requirements:
(i) Prohibiting the import of goods or services from Israel or goods produced or services provided by any business concern organized under the laws of Israel or by nationals or residents of Israel; or,
(ii) Prohibiting the shipment of goods to Israel on a carrier of Israel, or by a route other than that prescribed by the boycotting country or the recipient of the shipment;
(2) Complying or agreeing to comply with import and shipping document requirements with
respect to the country of origin, the name of the carrier and route of shipment, the name of the supplier of the shipment or the name of the provider of other services, except that no information knowingly furnished or conveyed in response to such requirements may be stated in negative, blacklisting, or similar exclusionary terms, other than with respect to carriers or route of shipments as may be permitted by such regulations in order to comply with precautionary requirements protecting against war risks and confiscation;
(3) Complying or agreeing to comply in the normal course of business with the unilateral and specific selection by a boycotting country, or national or resident thereof, of carriers, insurance, suppliers of services to be performed within the boycotting country or specific goods which, in the normal course of business, are identifiable by source when imported into the boycotting country;
(4) Complying or agreeing to comply with the export requirements of the boycotting country relating to shipments or transshipments of exports to Israel, to any business concern of or organized under the laws of Israel, or to any national or resident of Israel;
(5) Compliance by an individual or agreement by an individual to comply with the immigration or passport requirements of any country with respect to such individual or any member of such individual's family or with requests for information regarding requirements of employment of such individual within the boycotting country; and,
(6) Compliance by a U.S. person resident in a foreign country or agreement by such person to comply with the laws of that country with respect to his or her activities exclusively therein, and such regulations may contain exceptions for such resident complying with the laws or regulations of that foreign country governing imports into such country of trademarked, trade named, or similarly specifically identifiable products, or components of products for his or her own use, including the performance of contractual services within that country, as may be defined by such regulations.
652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)
(a) The contractor warrants the following: (1) That is has obtained authorization to operate and do business in the country or countries in which this contract will be performed;
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(2) That is has obtained all necessary licenses and permits required to perform this contract; and, (3) That it shall comply fully with all laws, decrees, labor standards, and regulations of said country or countries during the performance of this contract. (b) If the party actually performing the work will be a subcontractor or joint venture partner, then such subcontractor or joint venture partner agrees to the requirements of paragraph (a) of this clause.
652.229-70 EXCISE TAX EXEMPTION STATEMENT FOR CONTRACTORS WITHIN THE UNITED STATES (JUL 1988)
This is to certify that the item(s) covered by this contract is/are for export solely for the use of the U.S. Foreign Service Post identified in the contract schedule.
The Contractor shall use a photocopy of this contract as evidence of intent to export. Final proof of exportation may be obtained from the agent handling the shipment. Such proof shall be accepted in lieu of payment of excise tax.
The following DOSAR clause(s) is/are provided in full text:
CONTRACTOR IDENTIFICATION (JULY 2008) Contract performance may require contractor personnel to attend meetings with government personnel and the public, work within government offices, and/or utilize government email. Contractor personnel must take the following actions to identify themselves as non-federal employees:
1) Use an email signature block that shows name, the office being supported and company affiliation (e.g. “John Smith, Office of Human Resources, ACME Corporation Support Contractor”);
2) Clearly identify themselves and their contractor affiliation in meetings; 3) Identify their contractor affiliation in Departmental e-mail and phone listings whenever contractor
personnel are included in those listings; and
4) Contractor personnel may not utilize Department of State logos or indicia on business cards. (End of clause)
