#  *Embassy of the United States of America*

> *General Services Office*
>
> *Tel. 82-2-397-4663*
>
> *Fax: 82-2-796-0516*

![](media/image1.emf)

Date: **November 13, 2023**

Dear Prospective Offerors:

SUBJECT: **S-KS700-07-R-0021**

The Embassy of the United States of America invites you to submit a
proposal for **Power Upgrade Project at OSC on the 3^rd^ floor of the
Chancery building, US Embassy, Seoul, Korea.**

If you are interested in submitting a proposal on this project, read the
instructions in Section L of the attached Request for Proposals (RFP).

If you intend to submit a proposal, you should thoroughly examine all
documents contained in the contract solicitation package and arrange for
a personal inspection of the project site by a representative from your
company. The Embassy intends to conduct a pre-proposal conference at the
site, and all prospective offerors who have received a solicitation
package will be invited to attend. The conference will be held **at the
GSO Conference Room of the American Embassy, Seoul, #10, Namyoung-dong,
Yongsan-ku, Seoul, Korea** at **14:00 p.m., May 3, 2007** and the site
visit will be conducted right after the pre-proposal conference on the
same day.

If you intend to participate in the pre-proposal conference, you will be
required to submit the completed GSO access request form (attached) via
fax to Cho, Yeong Yeon (Fax: 02-796-0516) no later than **15:00 p.m.,
April 30, 2007.** Offerors are requested to limit the number of
participants to two persons per company. Please be sure to bring the
solicitation document with you to the conference. No extra copies will
be available at the conference.

Submit any questions you may have concerning the solicitation documents
in writing by **15:00 p.m., April 30, 2007** so that a response can be
provided at this conference.

Your proposal must be submitted in a sealed envelope marked \"**Proposal
No. S-KS700-07-R-0021 Enclosed**\" to **Jason R. Cubas, Contracting
Officer, American Embassy, #10, Namyoung-dong, Yongsan-ku, Seoul,
Korea** on or before **16:00 p.m.** on **May 23, 2007*.*** No proposal
will be accepted after this time.

Complete Part II of the Standard Form 1442, including all blank spaces,
and have the form signed by an authorized representative of your
company, or the proposal may be considered unacceptable and may be
rejected.

In order for a proposal to be considered, you must also complete and
submit the following:

1\. Section B and Attachment 2, Proposal Breakdown by Divisions;

2\. Section K, Representations and Certifications;

3\. Bar Chart illustrating sequence of work to be performed;

4\. Additional information as required in Section L.

The contract will be a firm fixed price contract, with no adjustment for
any escalation in costs or prices of labor or materials. Each offeror
will be responsible for determining the amount of labor and materials
that will be required to complete the project, and for pricing its
proposal accordingly.

Please be advised that each offeror is responsible for furnishing
complete information to its subcontractor and suppliers, such as details
and quantities required by the drawings and specifications.
Subcontractors and suppliers should not be referred to the Embassy or
the Architect for determining the amount or quantities of materials
required.

The construction completion time is **100 days**, commencing on **June
18, 2006.** In the event of an unauthorized or unexcused delay in
completing the project, liquidated damages in the amount of **\$335.00**
per calendar day will be assessed until substantial completion of the
project is achieved.

The Contracting Officer reserves the right to reject any and all
proposals and to waive any informality in proposals received. In
addition, the Embassy reserves the right to establish a competitive
range of one or more offerors and to conduct further negotiations
concerning price and other terms before awarding the contract, or to
award without discussions.

Please direct any questions regarding this solicitation to Jason R.
Cubas by letter or by telephone at 02-397-4648 during regular business
hours.

Sincerely,

Jason R. Cubas

Contracting Officer

**GSO ACCESS REQUEST FORM**

**(미국대사관 출입신청서)**

**Project Name: Power Upgrade Project at OSC on the 3^rd^ floor of the
Chancery building, US Embassy, Seoul, Korea**

**NO (입찰번호): S-KS700-07-R-0021**

**Pre-quotation Conference/Site Visit**

**Date: 14:00 p.m., May 3, 2007**

**Place: GSO, U.S. Embassy, Seoul, Korea**

To: Jason R. Cubas, Contracting Officer

Attn: Cho, Yeong Yeon, Tel No.: 397-4679 Fax No: 796-0516

From (회사명): \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

출입자 인적사항

+--------+----------+----------+-------+---------+----------+-------+
| Name   | KID      | Address  | Phone | Ce      | Vehicle  | Model |
|        |          |          |       | llphone |          |       |
| (성명) | (주      | (주소)   | (     |         | (차      | (     |
|        | 민번호)  |          | 전화) | (       | 량번호)  | 차종) |
|        |          |          |       | 핸드폰) |          |       |
+--------+----------+----------+-------+---------+----------+-------+
|        |          |          |       |         |          |       |
+--------+----------+----------+-------+---------+----------+-------+
|        |          |          |       |         |          |       |
+--------+----------+----------+-------+---------+----------+-------+

-   Please submit the completed form no later than **April 30, 2007
    15:00 hours** via fax.

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<tbody>
<tr class="odd">
<td colspan="2"><p><strong>SOLICITATION, OFFER,<br />
AND AWARD</strong></p>
<p><strong>(Construction, Alteration, or Repair)</strong></p></td>
<td colspan="3"><p><strong>1. SOLICITATION NO.<br />
</strong></p>
<p><strong>S-KS700-07-R-0021</strong></p></td>
<td colspan="4"><strong>2. TYPE OF SOLICITATION<br />
</strong> <strong>SEALED BID (IFB)<br />
</strong> <strong>NEGOTIATED (RFP)</strong></td>
<td><p><strong>3. DATE ISSUED<br />
</strong></p>
<p><strong>April 23, 2007</strong></p></td>
<td><p><strong>PAGE OF PAGES</strong></p>
<p><strong><br />
1 of 60</strong></p></td>
</tr>
<tr class="even">
<td colspan="11"><strong>IMPORTANT - The “offer” section on the reverse
must be fully completed by offeror.</strong></td>
</tr>
<tr class="odd">
<td colspan="3"><strong>4. CONTRACT NO.<br />
</strong></td>
<td colspan="4"><strong>5. REQUISITION/PURCHASE REQUEST NO.<br />
</strong></td>
<td colspan="4"><strong>6. PROJECT NO.<br />
</strong></td>
</tr>
<tr class="even">
<td colspan="3"><strong>7. ISSUED BY CODE</strong></td>
<td></td>
<td colspan="7"><strong>8. ADDRESS OFFER TO</strong></td>
</tr>
<tr class="odd">
<td colspan="4"><h1 id="gso-pur">GSO-PUR</h1>
<p><strong>American Embassy<br />
Seoul, Korea<br />
</strong></p></td>
<td colspan="7"><strong>See Item 7</strong></td>
</tr>
<tr class="even">
<td><p><strong>9. FOR INFORMATION</strong></p>
<p><strong>CALL:</strong></p></td>
<td colspan="5"><strong>A. NAME<br />
Jason R. Cubas, Contracting Officer</strong></td>
<td colspan="5"><p><strong>B. TELEPHONE NO. (Include area
code)</strong></p>
<p><strong>(NO COLLECT CALLS) 02-397-4648</strong></p></td>
</tr>
<tr class="odd">
<td colspan="11"><strong>SOLICITATION</strong></td>
</tr>
<tr class="even">
<td colspan="11"><strong>NOTE: In sealed bid solicitations “offer” and
“offeror” mean “bid” and “bidder.”</strong></td>
</tr>
<tr class="odd">
<td colspan="11"><p><strong>THE GOVERNMENT REQUIRES PERFORMANCE OF THE
WORK DESCRIBED IN THESE DOCUMENTS:</strong></p>
<p>PROJECT NAME:</p>
<p>Section A - SF-1442, Solicitation, Offer and Award<br />
Section B - Supplies or Services and Prices/Costs<br />
Section C - Description/Specifications/Statement of Work<br />
Section D - Packaging and Marking<br />
Section E - Inspection and Acceptance<br />
Section F - Deliveries or Performance<br />
Section G - Contract Administration Data<br />
Section H - Special Contract Requirements<br />
Section I - Contract Clauses<br />
Section J - List of Attachments (Sample Bank Letter of Guarantee,
Breakdown of Proposal Price by Divisions of Specifications)</p>
<p>Section K - Representations and Certifications and Other Statements
of Offeror’s Quotations<br />
Section L - Instructions, Conditions and Notices to Offerors of
Quotations</p>
<p>Section M - Evaluation Factors for Award</p></td>
</tr>
<tr class="even">
<td colspan="11"><strong>11. The Contractor shall begin performance
within 7 calendar days and complete it within 100 calendar days
after<br />
</strong> <strong>contract award,</strong> <strong>receiving notice to
proceed. This performance period is</strong> <strong>mandatory,</strong>
<strong>negotiable. <em>(See <u>Section F</u>.)</em></strong></td>
</tr>
<tr class="odd">
<td colspan="8"><p><strong>12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED
PERFORMANCE AND PAYMENT BONDS? <em>(If “YES,” indicate within how many
calendar days after award in Item 12B.)</em></strong></p>
<p> <strong>YES</strong> <strong>NO</strong></p></td>
<td colspan="3"><p><strong>12B. CALENDAR DAYS<br />
</strong></p>
<p><strong>10 days</strong></p></td>
</tr>
<tr class="even">
<td colspan="11"><strong>13. ADDITIONAL SOLICITATION REQUIREMENTS:<br />
A. Sealed offers in original and one copy to perform the work required
are due at the place specified in Item 8 by <u>16:00 p.m.</u> , local
time <u>May 23, 2007</u>. If this is a sealed bid solicitation, offers
must be publicly opened at that time. Sealed envelopes containing offers
shall be marked to show the offeror’s name and address, the solicitation
number, and the date and time offers are due<br />
B. An offer guarantee</strong> <strong>is,</strong> <strong>is not
required.<br />
C. All offers are subject to the (1) work requirements, and (2) other
provisions and clauses incorporated in the solicitation in full text or
by reference.<br />
D. Offers providing less than 60 calendar days for Government acceptance
after the date offers are due will not be considered and will be
rejected.</strong></td>
</tr>
</tbody>
</table>

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

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<col style="width: 0%" />
<col style="width: 1%" />
<col style="width: 3%" />
<col style="width: 7%" />
<col style="width: 0%" />
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</colgroup>
<tbody>
<tr class="odd">
<td colspan="17"><strong>OFFER (Must be fully completed by
offeror)</strong></td>
</tr>
<tr class="even">
<td colspan="8"><strong>14. NAME AND ADDRESS OF OFFEROR <em>(Include ZIP
Code)<br />
</em></strong></td>
<td colspan="9"><strong>15. TELEPHONE NO. <em>(Include area code)<br />
</em></strong></td>
</tr>
<tr class="odd">
<td colspan="8"></td>
<td colspan="9"><strong>16. REMITTANCE ADDRESS (Include only if
different than Item 14)<br />
</strong></td>
</tr>
<tr class="even">
<td colspan="8"><strong>CODE FACILITY CODE</strong></td>
<td colspan="9"></td>
</tr>
<tr class="odd">
<td colspan="17"><p><strong>17. The offeror agrees to perform the work
at the prices specified below in strict accordance with the terms of
this solicitation, if this offer is accepted by the Government within
calendar days after the date offers are due.</strong></p>
<p><strong>AMOUNTS $ 금액</strong></p></td>
</tr>
<tr class="even">
<td colspan="17"><strong>18. 18. The offeror agrees to furnish any
required performance and payment bonds.</strong></td>
</tr>
<tr class="odd">
<td colspan="17"><p><strong>19. ACKNOWLEDGMENT OF
AMENDMENTS</strong></p>
<p><strong>The offeror acknowledges receipt of amendments to the
solicitation -- give number and date of each</strong></p></td>
</tr>
<tr class="even">
<td><strong>A. AMENDMENT NO.</strong></td>
<td></td>
<td></td>
<td colspan="4"></td>
<td></td>
<td colspan="3"></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td><strong>DATE</strong></td>
<td></td>
<td></td>
<td colspan="4"></td>
<td></td>
<td colspan="3"></td>
<td></td>
<td></td>
<td colspan="2"></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td colspan="8"><strong>20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN
OFFER <em>(Type or print)</em></strong></td>
<td colspan="7"><strong>20B. SIGNATURE</strong></td>
<td colspan="2"><strong>20C. OFFER DATE</strong></td>
</tr>
<tr class="odd">
<td colspan="17"><strong>AWARD (To be completed by
Government)</strong></td>
</tr>
<tr class="even">
<td colspan="17"><strong>21. ITEMS ACCEPTED:<br />
</strong></td>
</tr>
<tr class="odd">
<td colspan="4"><strong>22. AMOUNT</strong></td>
<td colspan="13"><strong>23. 23. ACCOUNTING AND APPROPRIATION
DATA</strong></td>
</tr>
<tr class="even">
<td colspan="6"><strong>24. SUBMIT INVOICES TO ADDRESS SHOWN IN<br />
</strong></td>
<td colspan="3"><strong>ITEM</strong></td>
<td colspan="8"><strong>25. OTHER THAN FULL AND OPEN COMPETITION
PURSUANT TO<br />
</strong> <strong>10 U.S.C. 2304(c)( )</strong> <strong>41 U.S.C.
253(c)( )</strong></td>
</tr>
<tr class="odd">
<td colspan="4"><strong>26. ADMINISTERED BY CODE</strong></td>
<td colspan="5"></td>
<td colspan="8"><strong>27. PAYMENT WILL BE MADE BY<br />
</strong></td>
</tr>
<tr class="even">
<td colspan="4"></td>
<td colspan="5"></td>
<td colspan="8"></td>
</tr>
<tr class="odd">
<td colspan="17"><strong>CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29
AS APPLICABLE</strong></td>
</tr>
<tr class="even">
<td colspan="10"> <strong>28. NEGOTIATED AGREEMENT (<em>Contractor is
required to sign this document and return copies to issuing
office.)</em> Contractor agrees to furnish and deliver all items or
perform all work, requisitions identified on this form and any
continuation sheets for the consideration slated in this contract. The
rights and obligations of the parties to this contract shall be governed
by (a) this contract award, (b) the solicitation, and (c) the clauses,
representations, certifications, and specifications or incorporated by
reference in or attached to this contract.</strong></td>
<td colspan="7"> <strong>29. AWARD (<em>Contractor is not required to
sign this document.)</em> Your offer on this solicitation is hereby
accepted as to the items listed. This award consummates the contract,
which consists of (a) the Government solicitation and your offer, and
(b) this contract award. No further contractual document is
necessary.</strong></td>
</tr>
<tr class="odd">
<td colspan="10"><strong>30A. NAME AND TITLE OF CONTRACTOR OR PERSON
AUTHORIZED TO SIGN <em>(Type or print)<br />
</em></strong></td>
<td colspan="7"><p><strong>31A. NAME OF CONTRACTING OFFICER <em>(Type or
print)<br />
</em></strong></p>
<h2 id="jason-r.-cubas"> Jason R. Cubas</h2></td>
</tr>
<tr class="even">
<td colspan="5"><strong>30B.SIGNATURE</strong></td>
<td colspan="5"><strong>30C. DATE<br />
</strong></td>
<td colspan="4"><strong>31B. UNITED STATES OF AMERICA<br />
BY:</strong></td>
<td colspan="3"><strong>31C. AWARD DATE<br />
<br />
</strong></td>
</tr>
</tbody>
</table>

**Computer Generated STANDARD FORM 1442 BACK (REV. 4-85)**

**SECTION B - SUPPLIES OR SERVICES**

**AND PRICES/COSTS**

B.1 [CONTRACT PRICE]{.underline}

The contractor shall complete all work (including furnishing all labor,
material, equipment and services) required under this contract for the
following firm fixed price and within the time specified. This price
shall include all labor, materials, overhead (including insurance
required by FAR 52.228-4, Workers' Compensation and War-Hazard
Insurance, which shall not be a direct reimbursement), and profit.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Total Price

B.2 [TYPE OF CONTRACT]{.underline}

This is a firm fixed price contract payable entirely in the currency
indicated in the SF1442. No additional sums will be payable for any
escalation in the cost of materials, equipment or labor, or because of
the contractor\'s failure to properly estimate or accurately predict the
cost or difficulty of achieving the results required. The Government
will not adjust the contract price due to fluctuations in currency
exchange rates. The Government will only make changes in the contract
price or time to complete due to changes made by the Government in the
work to be performed, or by delays caused by the Government.

The Government will make payments based on quantities and unit prices
only to the extent specifically provided in the contract.

**SECTION C - DESCRIPTION/SPECIFICATIONS**

**STATEMENT OF WORK**

# 

C.1 PROJECT DESCRIPTION/WORK IDENTIFICATION

The project is described as "Power Upgrade Project at Open Source Center
on the 3^rd^ floor of the Chancery" at the U.S. Embassy, Seoul, Korea".
The Contractor shall furnish all the necessary materials, labor,
investigation, superintendence, equipment, transportation etc. for the
execution of the work. Work will be performed within a fixed-price
contract. The bidders shall submit his proposed cost described in both
unit price and total price.

C.2 SCOPE OF WORK/SPECIFICATION

C.2.1 The described work includes three (3) sets of new combined
switchgears (CS1,2,3), generator replacement work, increase of power
supply and upgrade digital audio video line at the OSC according to the
attached construction drawing. This work will cover 331 m^2^ of existing
OSC office located at Chancery Building. All construction work shall be
in conformance with the following Codes:

a)  International Building Code, 2003 Edition

b\) International Fire Code, 2002 Edition

c\) National Electric Code, 2005 Edition

d)  National Fire Protection Association, NFPA 101

e)  [ICC/ANSI
    A117.1-98](http://obo.state.gov/pede/Codes/2000ibc/a117-98/Icc-ansi.pdf)
    Accessible And Usable Buildings And Facilities

#### 

C.2.2 DEMOLITION and TEMPORARY WORK

C.2.2.1 Remove and dispose the existing power, communication lines,
lighting as per demolition plan.

> C.2.2.2 Contractor shall remove all wire, cable, equipment, office
> furniture and devices in a safe and non-destructive manner, so that
> all equipment and devices will remain in pre-removal working condition
> after completion of the work. The contractor shall dispose all the
> construction debris upon approval by the COR and under the supervision
> of an employee of US Embassy. Equipment, furniture and devices shall
> be stored on-site for re-installation after completion of the work.

C.2.2.3 Provide temporary vinyl sheet to protect furniture and office
equipment during construction.

C.2.2.4 The work hours are from 08:00 A.M to 22:00 P.M Week days,
Saturday, Sunday, or holidays. Contractor must keep the site clean
during the working period.

C.2.2.5 Demolition cost shall be all-inclusive to ensure that existing
conditions (electrical, mechanical devices, etc.) are taken into
account. The existing electrical and mechanical devices shall be
re-installed after ceiling work. The contractor shall repair all damages
at their own expense.

C.2.3 POWER LINE WORK

C.2.3.1 Provide and install all the cable and wire as per drawing and
specifications.

C.2.3.2 Provide and install 3 sets of combined switchgear(CS1,2,3),
conduit pipes, panels.

C.2.3.3 Provide and install cable tray and SM duct as per drawing and
specification.

C.2.3.4 Provide and install battery contained emergency lighting
fixtures as per drawings (6 sets).

C.2.4 DATA AND VOICE LINE WORK

C.2.4.1 Provide and install data and voice line according to the
drawings.

C.2.4.2 Contractor will provide the certificates to install CAT 6 UTP
cables according to TIA/EIA 568B category 6 standardization.

C.2.4.3 The contractor shall submit a sample of cable test report.

C.2.4.4 The contractor shall submit a certification of the category 6
cable installation after the installation completed.

C.2.4.5 Avaya(2G, CAT-6) or Panduit or equivalent brand shall be used.

C.2.5 GROUNDING WORK

C.2.5.1 Provide and install DAVE equipment grounding work as per
drawing.

C.2.5.2 A resistance of not greater than 5 ohms shall be provided,
unless otherwise specified. Ground resistances shall be measured in
normally dry conditions not less than 48 hours after rainfall.
Resistances of systems requiring separate ground rods, rather than a
counterpoise, shall be measured separately before bonding below grade.
The combined ground resistance of separate systems bonded together below
grade may be used to meet the specified ground resistance, but the
minimum number of rods indicated must still be provided.

C.3 BIDDING DRWAING

The bidder may purchase the bidding drawing at local A/E "HANKYEOL
Architectures & Planners Tel (02)583-1511.

C.4 ASBESTOS ABATEMENT PROCEDURE

Asbestos Abatement Procedures are in place at all U.S. Embassy Seoul
locations. The area to be worked in on this contract may or may not
contain asbestos materials. The Contractor shall obtain preliminary
clearance from the COR prior to beginning operations which will result
in the removal of existing building materials.

During the Contractors work, if the work scope of the construction is
increased, the Contractor shall review any additional areas requiring
work with the COR to ensure no asbestos containing materials are
present. If, during the execution of the work, materials thought to
possibly contain asbestos are noted by the Contractor, he shall
immediately **stop the work**, and notify the COR. During an episode of
this nature, the Contractor shall remove his workers from the area, and
cordon off the area to the greatest extent feasible.

No entry into the work area shall be permitted until cleared by the COR.
Failure of the Contractor to abide by this section shall place all costs
for asbestos remediation upon the Contractor. The Contractor shall
additionally be liable for any personal injuries that may arise from his
actions involving the release of asbestos materials.

## 

## C.5 EXAMINATION OF THE SITE

C.5.1 The Contractor acknowledges that he has satisfied himself as to
the nature of materials and methods of the existing construction noted
for repair or replacement, and to the obstacles likely to be
encountered, insofar as this information is reasonably ascertainable
from an inspection of the specified structures and or premises. The
Contractor shall carefully study and compare the Contract Documents with
each other and with information furnished by the USG. Before commencing
activities, the Contractor shall: (1) take field measurements and verify
field conditions; (2) carefully compare this and other information known
to the Contractor with the Contract Documents; and (3) promptly report
errors, inconsistencies or omissions discovered to the USG.

## C.6 SAFETY (FAR 52.236-13 Accident Prevention) 

C.6.1 The Contractor shall provide and maintain work environments and
procedures which will-

> \(a\) Safeguard the public and Government personnel, property,
> materials, supplies, and equipment exposed to Contractor operations
> and activities.
>
> \(b\) Avoid interruptions of Government operations and delays in
> project completion dates.
>
> \(c\) Control costs in the performance of this contract.

C.6.2 For these purposes on contracts for construction or dismantling,
demolition, or removal of improvements, the Contractor shall-

> \(a\) Provide appropriate safety barricades, signs, and signal lights
>
> \(b\) Comply with the standards issued by the Secretary of Labor at
> 29 CFR part 1926 and 29 CFR part 1910
>
> \(c\) Ensure that any additional measures the Contracting Officer
> determines to be reasonably necessary for the purposes are taken.

C.6.3 Contractor shall comply with all pertinent provisions of the
latest version of **U.S. Army Corps of Engineers Safety and Health
Requirements Manual, EM 385-1-1, in effect on the date of the
solicitation.**

C.6.4 Whenever the Contracting Officer becomes aware of any
noncompliance with these requirements or any condition that poses a
serious or imminent danger to the health or safety of the public or
Government personnel, the Contracting Officer shall notify the
Contractor orally, with written confirmation, and request immediate
initiation of corrective action.

This notice, when delivered to the Contractor or the Contractor\'s
representative at the work site, shall be deemed sufficient notice of
the noncompliance and that corrective action is required. After
receiving the notice, the Contractor shall immediately take corrective
action.

If the Contractor fails or refuses to promptly take corrective action,
the Contracting Officer may issue an order stopping all or part of the
work until satisfactory corrective action has been taken. The Contractor
shall not be entitled to any equitable adjustment of the contract price
or extension of the performance schedule on any stop work order issued
under this clause.

C.6.5 The Contractor shall insert this clause, including this paragraph
(e), with appropriate changes in the designation of the parties, in
subcontracts.

## C.7 CONSTRUCTION SCHEDULE

The construction period will not exceed 100 calendar days after award.

## C.8 PROGRESS SCHEDULE AND REPORTS

The contractor shall submit the weekly progress schedule and daily
report as attached.

The Contractor shall submit the weekly report once in a week and daily
report until 11:00 a.m. by the next day.

C.9 PRODUCT DATA AND SAMPLES

Submit product data, and color samples prior to work for approval by the
COR.

C.10 QUALITY CONTROL

C.10.1 Quality Control is the means by which the Contractor ensures that
the construction, to include that of subcontracts and suppliers,
complies with the requirements of contract. The controls shall be
adequate to cover all construction operations, including both on site
and off site fabrication, and will be keyed to the proposed construction
sequence.

C.10.2 The Quality Control Program shall be based on a three-phase
control process including, **Preparatory Phase, Initial Phase, and
Follow-up Phase.**

C.10.2.1 Preparatory phase: Contractor shall prepare and explain their
construction plan (man power schedule, working schedule in detail,
surface treatment method, safety plan, scaffolding plan, fire protection
plan etc.)

C.10.2.2 Initial phase: Contractor shall make one sample area for each
case such as; crack repair, surface treatment, cleaning methods, etc.
for approval by the COR.

C.10.2.3 Follow-up phase: Contractor shall perform their work according
to Preparatory phase and Initial phase.

C.10.3 Submittals: The Contractor shall submit for acceptance by the
COR, a Quality Control plan. The plan shall identify and describe the
site organization, personnel, records, and forms to be used. The Embassy
reserves the right to require the Contractor to make changes in his CQC
plan and operations, including removal of personnel, as necessary, to
obtain the quality specified.

C.10.4 The Contractor Daily Quality Control Report must submitted no
later than 11:00 a.m. the following workday. The report shall be
submitted in original and one (1) copy. A report is required for every
calendar day of the contract duration. For days when no contract
activities take place, the COR may wave the requirement for daily
report.

C.10.5 NOTIFICATION OF NONCOMPLIANCE (Construction Deficient Records):
The COR will notify the Contractor of any detected noncompliance with
the foregoing requirement. The Contractor shall, after receipt of such
notice, immediately take corrective action. Such notice, when delivered
to the Contractor at the site of work, shall be deemed sufficient for
the purpose of notification. If the Contractor fails or refuses to
comply promptly, the COR may issue an order stopping all or part of the
work until satisfactory corrective action has been taken. Time lost due
to such stop orders shall not be made the subject of a claim for
extension of time or for excess costs or damages by the Contractor.

C.10.6 TECHNICAL EVALUATION

A technical evaluation of all submitted proposals will be conducted to
determine whether each proposal meets all of the mandatory requirements
of the solicitation. All bidders are required to submit the following
items in detail. The Technical Evaluation Panel will evaluate each
bidder's qualifications according to the submitted documentation,
without consideration of pricing information.

C.10.6.1 Performance Schedule

The performance schedule shall be presented in any kind of schedule
format indicating when the various portions of the work will be
commenced and completed within the required contract completion
schedule. This schedule shall be in sufficient detail to clearly show
each segregated portion of work and its planned commencement and
completion date.

C.10.6.2 Proposed Work Information

Offerors to provide:

(1) Evidence of an established business with a permanent address and
    telephone listing;

(2) A list of the names, addresses and telephone numbers of the owners,
    partners, and principal officers of the Offeror;

(3) Evidence of availability or ability to obtain adequate financial
    resources, personnel and equipment;

(4) Evidence of ability to obtain licenses and permits required by local
    law.

(5) Evidence of ability to obtain performance and payment bonds or
    equivalents if needed.

(6) The name, address and qualifications of the Offeror\'s field
    superintendent for this project;

(7) A list of the names, addresses, and telephone numbers of
    subcontractors and principal materials suppliers to be used on the
    project, indicating what portions of the work will be performed by
    them;

(8) A list of personnel able to understand written and spoken English.

(9) Review the Proposed Work Information to ensure that the Offeror\'s
    proposed project superintendent and subcontractors are acceptable to
    the Government.

C.10.6.2 Experience and Past Performance

List all contracts and subcontracts your company has held over the past
three years for works of same or similar size, scope and complexity.
Past references provided as part of the Experience and Past Performance
information may also be contacted to verify quality of past performance.

C.11 CONSTRUCTION SECURITY PROGRAM

C.11.1 SECURITY CLEARANCES

C.11.1.1 All contract personnel will have a background check performed
to determine their suitability for assignment to the U.S. Embassy
project. Contractor shall submit a complete list of all employees and
sub-contractor employees to the COR within 14 days of receiving the
notice of award.

C.11.1.2 The Contractor shall submit a weekly personnel access list
describing the employees that will be engaged in work on the site during
that week.

C.11.1.3 The Contractor shall submit a list of all vehicles that require
access to the U.S. Embassy property on a weekly basis. Information
required is as follows:

> Type of Vehicle
>
> Vehicle Tag Number
>
> Vehicle Driver Identification

C.11.1.4 The COR and the U.S. Embassy security officer have the right to
deny access to any person and or vehicle that are deemed unacceptable.

C.11.1.5 All personnel and vehicle lists must be submitted to the COR at
least seven (7) working days before access is required. Delays caused by
late submission of the required information will not be considered as
"excusable delays" as described in other sections of the Contract.

**SECTION D - PACKAGING AND MARKING**

D.1 The Contractor shall mark materials delivered to the site as
follows:

> **Facility Management Officer**
>
> **American Embassy, Seoul**
>
> **10, Namyoung-dong, Yongsan-ku, Seoul, Korea**

**SECTION E - INSPECTION AND ACCEPTANCE**

E.1 [FAR 52.252‑2 CLAUSES INCORPORATED BY REFERENCE (FEB
1998)]{.underline}

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.arnet.gov/far or, http://farsite.hill.af.mil/search.htm

These addresses are subject to change. If the Federal Acquisition
Regulation (FAR) is not available at the locations indicated above, use
the Dept. of State Acquisition Website at

[http://www.statebuy.state.gov/](http://www.statebuy.gov/home.htm) to
see the links to the FAR. You may also use an Internet "search engine"
(such as, Yahoo, Excite, Alta Vista, etc.) to obtain the latest location
of the most current FAR.

[FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)]{.underline}

  ----------- ---------------------------------------------- -------------
  52.246-12   INSPECTION OF CONSTRUCTION                     AUG 1996

  ----------- ---------------------------------------------- -------------

E.2 [Quality Assurance]{.underline}

The Contractor shall institute an appropriate inspection system set
forth in a Quality Assurance Plan. The plan shall include checklists of
duties to be carried out, ensuring these duties are carried out by the
supervisory staff and senior employees, and carrying out weekly
inspections to determine whether the various services are being
performed according to the contract. The Contractor shall provide copies
of the weekly inspection reports to the COR.

The Contractor shall correct and improve promptly any shortcomings and
substandard conditions noted during inspections. The Contractor shall
bring any conditions beyond the responsibility of the Contractor to the
attention of the Contracting Officer or COR.

E.2.1 [MONTHLY REPORT]{.underline}: The Contractor shall submit to the
COR a monthly progress report, along with the monthly invoice, summing
up observations resulting from the inspections, progress, difficulties
or irregularities encountered, resolution of problems, measures taken to
improved conditions, recommendations, and other matters related to this
contract.

E.2.2. [INSPECTION BY GOVERNMENT]{.underline}: The COR, or his/her
authorized representatives, will inspect from time to time the services
being performed and the supplies furnished to determine whether work is
being performed in a satisfactory manner, and that all supplies are of
acceptable quality and standards.

The Contractor shall be responsible for any countermeasures or
corrective action, within the scope of this contract, which may be
required by the Contracting Officer as a result of such inspection.

E.3 [SUBSTANTIAL COMPLETION]{.underline}

E.3.1 [DEFINITIONS]{.underline}

(a) \"Substantial Completion\" means the stage in the progress of the
    work as determined and certified by the Contracting Officer in
    writing to the Contractor, on which the work (or a portion
    designated by the Government) is sufficiently complete and
    satisfactory. Substantial completion means that the property may be
    occupied or used for the purpose for which it is intended, and only
    minor items such as touch-up, adjustments, and minor replacements or
    installations remain to be completed or corrected which:

    1.  do not interfere with the intended occupancy or utilization of
        the work, and

    2.  Can be completed or corrected within the time period required
        for final completion.

(b) The \"date of substantial completion\" means the date determined by
    the Contracting Officer or authorized Government representative as
    of which substantial completion of the work has been achieved.

E.3.2 [USE AND POSSESSION UPON SUBSTANTIAL COMPLETION]{.underline}

The Government shall have the right to take possession of and use the
work upon substantial completion. Upon notice by the Contractor that the
work is substantially complete (a Request for Substantial Completion)
and an inspection by the Contracting Officer or an authorized Government
representative (including any required tests), the Contracting Officer
shall furnish the Contractor a Certificate of Substantial Completion.
The certificate shall be accompanied by a Schedule of Defects listing
items of work remaining to be performed, completed or corrected before
final completion and acceptance. Failure of the Contracting Officer to
list any item of work shall not relieve the Contractor of responsibility
for complying with the terms of the contract. The Government\'s
possession or use upon substantial completion shall not be deemed an
acceptance of any work under the contract.

E.4 [FINAL COMPLETION AND ACCEPTANCE]{.underline}

E.4.1 [DEFINITIONS]{.underline}

\(a\) \"Final completion and acceptance\" means the stage in the
progress of the work as determined by the Contracting Officer and
confirmed in writing to the Contractor, at which all work required under
the contract has been completed in a satisfactory manner, subject to the
discovery of defects after final completion, and except for items
specifically excluded in the notice of final acceptance.

\(b\) The \"date of final completion and acceptance\" means the date
determined by the Contracting Officer when final completion of the work
has been achieved, as indicated by written notice to the Contractor.

E.4.2 [FINAL INSPECTION AND TESTS]{.underline}

The Contractor shall give the Contracting Officer at least five (5) days
advance written notice of the date when the work will be fully completed
and ready for final inspection and tests. Final inspection and tests
will be started not later than the date specified in the notice unless
the Contracting Officer determines that the work is not ready for final
inspection and so informs the Contractor.

E.4.3 [FINAL ACCEPTANCE]{.underline}

If the Contracting Officer is satisfied that the work under the contract
is complete (with the exception of continuing obligations), the
Contracting Officer shall issue to the Contractor a notice of final
acceptance and make final payment upon:

(a) satisfactory completion of all required tests,

(b) a final inspection that all items by the Contracting Officer listed
    in the Schedule of Defects have been completed or corrected and that
    the work is finally complete (subject to the discovery of defects
    after final completion), and

(c) Submittal by the Contractor of all documents and other items
    required upon completion of the work, including a final request for
    payment (Request for Final Acceptance).

**SECTION F - DELIVERIES OR PERFORMANCE**

F.1 [FAR 52.252‑2 CLAUSES INCORPORATED BY REFERENCE (FEB
1998)]{.underline}

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.arnet.gov/far or, <http://farsite.hill.af.mil/search.htm>

These addresses are subject to change. If the Federal Acquisition
Regulation (FAR) is not available at the locations indicated above, use
the Dept. of State Acquisition Website at
[http://www.statebuy.state.gov/](http://www.statebuy.gov/home.htm) to
see the links to the FAR. You may also use an Internet "search engine"
(such as, Yahoo, Excite, Alta Vista, etc.) to obtain the latest location
of the most current FAR.

[FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)]{.underline}

  ----------- ---------------------------------------------- -------------
  52.242.14   SUSPENSION OF WORK                             APR 1984

  ----------- ---------------------------------------------- -------------

F.2 [52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR
1984)]{.underline}

The Contractor shall be required to:

(a) commence work under this contract within **7 days after contract
    award**,

(b) prosecute the work diligently, and

(c) Complete the entire work ready for use not later than **100 days
    after contract award.** The time stated for completion shall include
    final cleanup of the premises and completion of "punch list" items.

F.3 [LIQUIDATED DAMAGES]{.underline}

F.3.1 [52.211-12 LIQUIDATED DAMAGES - CONSTRUCTION (SEP
2000)]{.underline}

\(a\) If the Contractor fails to complete the work within the time
specified in the contract, or any extension, the Contractor shall pay
liquidated damages to the Government in the amount *of **\$335.00*** for
each day of delay until the work is completed or accepted.

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

F.3.2. [ASSESSMENT AND APPORTIONMENT OF LIQUIDATED DAMAGES]{.underline}

Liquidated damages will be assessed from the completion date indicated
in the contract or extensions thereof to the date of substantial
completion as actually achieved by the Contractor, as determined by the
Contracting Officer.

F.4 [CONTRACTOR\'S SUBMISSION OF CONSTRUCTION SCHEDULES]{.underline}

\(a\) The time for submission of the schedules referenced in Section I,
52.236-15, \"Schedules for Construction Contracts\", paragraph (a), is
hereby modified to reflect the due date for submission as \"ten (10)
days after receipt of an executed contract\".

\(b\) These schedules shall include the time by which shop drawings,
product data, samples and other submittals required by the contract will
be submitted for approval.

\(c\) The Contractor shall revise such schedules (1) to account for the
actual progress of the work, (2) to reflect approved adjustments in the
performance schedule, and (3) as required by the Contracting Officer to
achieve coordination with work by the Government and any separate
contractors used by the Government. The Contractor shall submit a
schedule which sequences work so as to minimize disruption at the job
site.

\(d\) All schedules shall be in the English language and any system of
dimensions (English or metric) shown shall be consistent with that used
in the contract. No extension of time shall be allowed due to a delay by
the Government in approving such deliverables if the Contractor has
failed to act promptly and responsively in submitting its deliverables.
The Contractor shall identify each deliverable as required by the
contract.

F.5 [ACCEPTANCE OF SCHEDULE]{.underline}

When the Government has accepted any time schedule, it shall be binding
upon the Contractor. The completion date is fixed and may be extended
only by a written contract modification signed by the Contracting
Officer. Acceptance or approval of any schedule or revision thereof by
the Government shall not (1) extend the completion date or obligate the
Government to do so, (2) constitute acceptance or approval of any delay,
or (3) excuse the Contractor from or relieve the Contractor of its
obligation to maintain the progress of the work and achieve final
completion by the established completion date.

F.6 [NOTICE OF DELAY]{.underline}

If the Contractor receives a notice of any change in the work, or if any
other conditions arise which are likely to cause or are actually causing
delays which the Contractor believes may result in late completion of
the project, the Contractor shall notify the Contracting Officer. The

Contractor's notice shall state the effect, if any, of such change or
other conditions upon the approved schedule, and shall state in what
respects, if any, the relevant schedule or the completion date should be
revised. The Contractor shall give this notice not more than ten (10)
days after the first event-giving rise to the delay or prospective
delay. Only the Contracting Officer may make revisions to the approved
time schedule.

F.7 [NOTICE TO PROCEED]{.underline}

\(a\) After receiving and accepting any bonds or evidence of insurance,
the Contracting Officer will issue the Contractor a Notice to Proceed.
The Contractor shall then prosecute the work commencing and completing
performance not later than the time period established in the contract.

\(b\) It is possible that the Contracting Officer may elect to issue the
Notice to Proceed before receipt and acceptance of any bonds or evidence
of insurance. Issuance of a Notice to Proceed by the Government before
receipt of the required bonds or insurance certificates or policies
shall not be a waiver of the requirement to furnish these documents.

F.8 [WORKING HOURS]{.underline}

All work shall be performed during **Monday through Sunday, 08:00 a.m.
to 22:00 p.m*.*** except for the holidays identified below. Other hours,
if requested by the Contractor, may be approved by the Contracting
Officer\'s Representative. The Contractor shall give 24 hours in advance
to COR who will consider any deviation from the hours identified above.
Changes in work hours will not be a cause for a price increase.

\(a\) The Department of State observes the following days as holidays:

New Year's Day (A & K)

> Martin Luther King, Jr.'s Birthday (A)
>
> Seol-Nal (Lunar New Year Day) (K)
>
> Presidents' Day (A)
>
> Sam Il Jul (Independence Movement Day) (K)
>
> Sukka Tansin Il (Buddha's Birthday) (K)
>
> Memorial Day (A)
>
> Hyun Choong Il (Memorial Day) (K)
>
> Independence Day (A)
>
> Je Hun Jul (Constitution Day) (K)
>
> Kwang Bok Jul (Independence Day) (K)
>
> Labor Day (A)
>
> Chusok (Korean Thanksgiving Days) (K)
>
> Kae Chun Jul (National Foundation Day) (K)
>
> Columbus Day (A)
>
> Veterans Day (A)
>
> Thanksgiving Day (A)
>
> Christmas Day (A & K)
>
> \(A\) -- Denotes American holiday (K) -- Denotes Korean Holiday

Any other day designated by Federal law, Executive Order or Presidential
Proclamation.

When any such day falls on a Saturday, the preceding Friday is observed;
when any such day falls on a Sunday, the following Monday is observed.
Observance of such days by Government personnel shall not be cause for
additional period of performance or entitlement to compensation except
as set forth in the contract. If the contractor\'s personnel work on a
holiday, no form of holiday or other premium compensation will be
reimbursed either as a direct or indirect cost, unless authorized
pursuant to an overtime clause elsewhere in this contract.

F.9 [EXCUSABLE DELAYS]{.underline}

The Contractor will be allowed time, not money, for excusable delays as
defined in FAR 52.249-10, Default. Examples of such cases include:

> \(l\) acts of God or of the public enemy,
>
> \(2\) acts of the United States Government in either its sovereign or
> contractual capacity,
>
> \(3\) acts of the government of the host country in its sovereign
> capacity,
>
> \(4\) acts of another contractor in the performance of a contract with
> the Government,
>
> \(5\) fires,
>
> \(6\) floods,
>
> \(7\) epidemics,
>
> \(8\) quarantine restrictions,
>
> \(9\) strikes,
>
> (l0) freight embargoes,
>
> \(11\) delays in delivery of Government furnished equipment and
>
> \(12\) unusually severe weather.

In each instance, the failure to perform must be beyond the control and
without the fault or negligence of the Contractor, and the failure to
perform. Furthermore, the failure:

> \(1\) Must be one that the Contractor could not have reasonably
> anticipated and taken adequate measures to protect against,
>
> \(2\) Cannot be overcome by reasonable efforts to reschedule the work,
> and
>
> \(3\) Directly and materially affects the date of final completion of
> the project.

F.10 [PRECONSTRUCTION CONFERENCE]{.underline}

A preconstruction conference will be held **3** days after contract
award at **the GSO Conference Room of the American Embassy, Seoul, #10,
Namyoung-dong, Yongsan-ku, Seoul, Korea** to discuss the schedule,
submittals, notice to proceed, mobilization and other important issues
that affect construction progress. See FAR 52.236-26, Pre-Construction
Conference in Section I.

F.11. DELIVERABLES

The following items shall be delivered under this contract:

+---------------------------+------------+----------------+-----------+
| # Description             | **         | **Delivery     | **Deliver |
|                           | Quantity** | Date**         | To:**     |
+---------------------------+------------+----------------+-----------+
| H.1.2. Bonds/Insurance    | 1          | 7 days after   | CO        |
|                           |            | award          |           |
+---------------------------+------------+----------------+-----------+
| F.4. Construction         | 1          | 7 days after   | COR       |
| Schedule                  |            | award          |           |
+---------------------------+------------+----------------+-----------+
| F.10. Pre-Construction    | 1          | 7 days after   | COR       |
| Conference                |            | award          |           |
+---------------------------+------------+----------------+-----------+
| H.13.2. Biographic Data   | 1          | 7 days after   | COR       |
| on Personnel              |            | award          |           |
+---------------------------+------------+----------------+-----------+
| G.3. Payment Request      | 1          | Last day of    | COR       |
|                           |            | each month     |           |
+---------------------------+------------+----------------+-----------+
| E.3.2. Request for        | 1          | 3 days before  | COR       |
| Substantial Completion    |            | inspection     |           |
+---------------------------+------------+----------------+-----------+
| E.4.3. Request for Final  | 1          | 3 days before  | COR       |
| Acceptance                |            | final          |           |
|                           |            | inspection     |           |
+---------------------------+------------+----------------+-----------+

\[May need to add other data in accordance with specifications\]

**SECTION G - CONTRACT ADMINISTRATION DATA**

G.1 [AUTHORITY OF CONTRACTING OFFICER]{.underline}

All work shall be performed under the general direction of the
Contracting Officer, who alone shall have the power to bind the
Government and to exercise the rights, responsibilities, authorities and
functions vested by the contract. The Contracting Officer and the
Procurement Executive shall have the right to designate authorized
representatives to act for the Contracting Officer, such as an OBO
Project Director.

G.2 MONITORING OF THE CONTRACTOR

G.2.1. [652.242-70 CONTRACTING OFFICER\'S REPRESENTATIVE (COR) (AUG
1999)]{.underline}

\(a\) The Contracting Officer may designate in writing one or more
Government employees, by name or position title, to take action for the
Contracting Officer under this contract. Each designee shall be
identified as a Contracting Officer's Representative (COR). Such
designation(s) shall specify the scope and limitations of the authority
so delegated; provided, that the designee shall not change the terms or
conditions of the contract, unless the COR is a warranted Contracting
Officer and this authority is delegated in the designation.

\(b\) The COR for this contract is the ***Facility Manager.***

# 

G.2.2 [DUTIES]{.underline}

The COR is responsible for inspection and acceptance of services. These
duties include review of Contractor invoices, including the supporting
documentation required by the contract. The COR may provide technical
advice, substantive guidance, inspections, invoice approval, and other
purposes as deemed necessary under the contract. The COR is designated
as the authority to act for the Contracting Officer in matters
concerning technical clarification, random inspection of Contractor
performance to ensure compliance with contract specifications and
acceptance of the Contractor\'s performance under this contract. The COR
will coordinate all work with the Contractor during the term of this
contract. The COR is not authorized to alter the contract\'s terms, or
conditions, including the design to budget parameter. Such changes must
be authorized by the Contracting Officer in a written modification to
the contract. Reference to the project architect within documents
incorporated into this contract shall be read to mean COR.

G.3 [PAYMENT]{.underline}

G.3.1 [GENERAL]{.underline}

Payments are subject to FAR 52.232-5, \"Payments Under Fixed-Price
Construction Contracts\".

G.3.2 [DETAIL OF PAYMENT REQUESTS]{.underline}

Each application for payment shall cover the value of labor and
materials completed and in place, including a prorated portion of
overhead and profit. The Government will make payments no more
frequently than monthly, unless otherwise provided in this contract. The
Contractor shall address invoices to:

> **Financial Management Center**
>
> **American Embassy, Seoul**
>
> **32, Sejongno, Jongno-ku, Seoul, Korea**

G.3.3 [PAYMENTS TO SUBCONTRACTORS]{.underline}

The Contractor shall make timely payment from the proceeds of the
progress or final payment for which request is being made to
subcontractors and suppliers following the Contractor\'s contractual
arrangements with them.

G.3.4 [EVALUATION BY THE CONTRACTING OFFICER]{.underline}

Following receipt of the Contractor\'s request for payment, and on the
basis of an inspection of the work, the Contracting Officer shall make a
determination as to the amount that is then due. If the Contracting
Officer does not approve payment of the full amount applied for, less
the retainage addressed in FAR 52.232-5, the Contracting Officer shall
advise the Contractor of the reasons.

G.3.5 [ADDITIONAL WITHHOLDING]{.underline}

The Government may withhold from payments due the Contractor any amounts
as may be considered necessary to cover \--

\(a\) Wages or other amounts due the Contractor\'s employees on this
project;

\(b\) Wages or other amounts due employees of subcontractors on this
project;

\(c\) Amounts due suppliers of materials or equipment for this project;
and

\(d\) Any other amounts for which the Contractor may be held liable
under this contract, including but not limited to the actual or
prospective costs of correction of defective work and prospective
liquidated damage when the Contractor has failed to make adequate
progress.

This withholding is independent of monies retained by the Government
under FAR 52.232-5, or otherwise as permitted to be retained under this
contract.

G.3.6. [PAYMENT]{.underline}

Under the authority of 52.232-27(a) the 14 day period identified in FAR
52.232-27(a)(1)(i)(A) is hereby changed to 30 days.

**SECTION H - SPECIAL CONTRACT REQUIREMENTS**

H.1 [BOND REQUIREMENTS]{.underline}

H.1.1 [BONDS REQUIRED]{.underline}

The Contractor shall furnish (1) a performance and guaranty bond and a
payment bond on forms provided by and from sureties acceptable to the
Government, each in the amount of 20% of the contract price, or (2)
comparable alternate performance security approved by the Government
such as letter of credit/guaranty shown in Section J.

H.1.2 [TIME FOR SUBMISSION]{.underline}

The Contractor shall provide the bonds required by the paragraph H.1.1
above within ten (10) days after contract award. Failure to submit (1)
the required bonds or other security acceptable to the Government in a
timely manner; (2) bonds from an acceptable surety; or (3) bonds in the
required amount, may result in rescinding or termination of the contract
by the Government. If the contract is terminated, the contractor will be
liable for those costs as described in FAR 52.249-10, \"Default
(Fixed-Price Construction).

H.1.3 [COVERAGE]{.underline}

The bonds or alternate performance security shall guarantee the
Contractor\'s execution and completion of the work within the contract
time and the correction of any defects after completion as required by
this contract, the payment of all wages and other amounts payable by the
Contractor under its subcontracts or for labor and materials, and the
satisfaction or removal of any liens or encumbrances placed on the work.

H.1.4 [DURATION OF COVERAGE]{.underline}

The required performance and payment securities shall remain in effect
in the full amount required until final acceptance of the project by the
Government. Upon final acceptance, the penal sum of the performance
security only shall be reduced to 10% of the contract price. The
performance security shall remain in effect for one year after the date
of final completion and acceptance, and the Contractor shall pay any
premium required for the entire period of coverage. The requirement for
payment security terminates at final acceptance.

H.1.5 [FAR 52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)]{.underline}

The Contractor shall promptly furnish additional security required to
protect the Government and persons supplying labor or materials under
this contract if \--

\(a\) Any surety upon any bond, or issuing financial institution for
other security, furnished with this contract becomes unacceptable to the
Government;

\(b\) Any surety fails to furnish reports on its financial condition as
required by the Government; or

\(c\) The contract price is increased so that the penal sum of any bond
becomes inadequate in the opinion of the Contracting Officer; or

\(d\) An irrevocable letter of credit (ILC) used as security will expire
before the end of the period of required security. If the contractor
does not furnish an acceptable extension or replacement ILC, or other
acceptable substitute, at least 30 days before an ILC's scheduled
expiration, the Contracting Officer has the right to immediately draw on
the ILC.

H.2 [INSURANCE]{.underline}

H.2.1 [AMOUNT OF INSURANCE]{.underline}

The Contractor is required by FAR 52.228-5 to provide whatever insurance
is legally necessary. The Contractor, shall, at its own expense, provide
and maintain during the entire performance period the following
insurance amounts:

General Liability (includes premises/operations, collapse hazard,
products, completed operations, contractual, independent contractors,
broad form property damage, personal injury)

1\. Bodily Injury on or off the site stated in Korean Won:

Per Occurrence ***￦30,000,000***

Cumulative ***￦30,000,000***

2\. Property Damage on or off the site in Korean Won:

Per Occurrence ***￦10,000,000***

Cumulative ***￦10,000,000***

The foregoing types and amounts of insurance are the minimums required.
The Contractor shall obtain any other types of insurance required by
local law or that are ordinarily or customarily obtained in the location
of the work. The limit of such insurance shall be as provided by law or
sufficient to meet normal and customary claims.

The Contractor agrees that the Government shall not be responsible for
personal injuries or for damages to any property of the Contractor, its
officers, agents, servants, and employees, or any other person, arising
from and incident to the Contractor\'s performance of this contract. The
Contractor shall hold harmless and indemnify the Government from any and
all claims arising therefrom, except in the instance of gross negligence
on the part of the Government.

The Contractor shall obtain adequate insurance for damage to, or theft
of, materials and equipment in insurance coverage for loose transit to
the site or in storage on or off the site.

H.2.2 [GOVERNMENT AS ADDITIONAL INSURED]{.underline}

The general liability policy required of the Contractor shall name \"the
United States of America, acting by and through the Department of
State\", as an additional insured with respect to operations performed
under this contract.

H.2.3 [INSURANCE-RELATED DISPUTES]{.underline}

Failure to agree to any adjustment contemplated under this contract
regarding insurance shall be a dispute within the meaning of the clause
in Section I, 52.233-1, Alternate I, \"Disputes\". Nothing in this
clause shall excuse the Contractor from proceeding with the work.

H.2.4 [TIME FOR SUBMISSION OF EVIDENCE OF INSURANCE]{.underline}

The Contractor shall provide evidence of the insurance required under
this contract within ten (10) days after contract award. Failure to
timely submit this evidence, in a form acceptable to the Contracting
Officer, may result in rescinding or termination of the contract by the
Government.

H.3 [DEFINITIONS]{.underline}

In addition to the definitions provided in Section I, FAR 52.202-1 and
DOSAR 652.202-70, the following definitions shall apply when used in
connection with this contract:

\(a\) Contract Drawings or Drawings, where indicated by the context,
means those drawings specifically listed in the construction contract or
as later incorporated into the contract by contract modification.

\(b\) Day means a calendar day unless otherwise specifically indicated.

\(c\) Host Country means the country in which the project is located.

\(d\) Material means all materials, fixtures and other articles
incorporated in , or which are intended to remain with, the project.

\(e\) Notice to Proceed means a written notice to the Contractor from
the Contracting Officer authorizing the Contractor to proceed with the
work under the contract as of a date set forth in the Notice.

\(f\) Other Submittals includes progress schedules, shop drawings,
testing and inspection reports, and other information required by the
contract to be submitted by the Contractor for information or approval
by the Government.

\(g\) Project Data includes standard drawings, diagrams, layouts,
schematics, descriptive literature, illustrations, schedules,
performance and test data, and similar materials furnished by the
Contractor to explain in detail specific portions of the work required
by the contract.

\(h\) Samples are physical examples which illustrate materials,
equipment or workmanship and establish standards by which the work will
be judged.

\(i\) Schedule of Defects means the list of items, prepared in
connection with substantial completion of the work or early occupancy or
utilization of a portion thereof, which the Contracting Officer has
designated as remaining to be performed, completed or corrected before
the work will be accepted by the Government.

\(j\) Separate Contractor means a contractor, other than the Contractor
or any of its subcontractors, to whom the Government has awarded a
contact for construction of a portion of the project.

\(k\) Work means any and all permanent construction which is intended to
be incorporated into the finished project and required to be performed
or otherwise provided by the Contractor under this contract, unless
otherwise indicated by the context.

H.4 [OWNERSHIP AND USE OF DOCUMENTS]{.underline}

H.4.1 [OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND
MODELS]{.underline}

\(a\) [OWNERSHIP]{.underline}. All specifications, drawings, and copies
thereof, and models, are the property of the Government.

\(b\) [USE AND RETURN]{.underline}. The contractor shall not use or
allow others to use the documents described in (a) above are not to be
used by other than the Contractor on other work. The Contractor shall
return or account for the signed contractor set and additional copies
provided to or made by the Contractor upon final completion of the work.

H.4.2 [SUPPLEMENTAL DOCUMENTS]{.underline}

The Contracting Officer shall furnish from time to time such detailed
drawings and other information as is considered necessary, in the
opinion of the Contracting Officer, to interpret, clarify, supplement,
or correct inconsistencies, errors or omissions in the Contract
documents, or to describe minor changes in the work not involving an
increase in the contract price or extension of the contract time. The
Contractor shall comply with the requirements of the supplemental
documents, and unless the Contractor makes objection within 20 days,
their issuance shall not provide for any claim for an increase in the
Contract price or an extension of contract time.

H.4.3 [RECORD DOCUMENTS]{.underline}

The Contractor shall maintain at the project site:

-   a current marked set of Contract drawings and specifications
    indicating all interpretations and clarifications, contract
    modifications, change orders, or any other departure from the
    contract requirements approved by the Contracting Officer; and

-   a complete set of record shop drawings, product data, samples and
    other submittals as approved by the Contracting Officer.

H.4.4 [\"AS-BUILT\" DOCUMENTS]{.underline}

After final completion of the work, but before final acceptance, the
Contractor shall provide:

-   complete set of \"as-built\" drawings, based on the record set of
    drawings, marked to show the details of construction as actually
    accomplished; and

-   record shop drawings and other submittals, in the number and form as
    required by the specifications.

H.5 [GOVERNING LAW]{.underline}

The laws of the United States shall govern the contract and its
interpretation.

H.6 [LANGUAGE PROFICIENCY]{.underline}

The manager assigned by the contractor to superintend the work on-site,
as required by Section I, 52.236-6, \"Superintendence by the
Contractor\", shall be fluent in written and spoken English.

H.7 [LAWS AND REGULATIONS]{.underline}

H.7.1 [COMPLIANCE REQUIRED]{.underline}

The Contractor shall, without additional expense to the Government, be
responsible for complying with all 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. Host country authorities may not enter
the construction site without the permission of the Contracting Officer.
Unless otherwise directed by the Contracting Officer, the Contractor
shall comply with the more stringent of the requirements of such laws,
regulations and orders and of the contract. In the event of a conflict
between the contract and such laws, regulations and orders, the
Contractor shall promptly advise the Contracting Officer of the conflict
and of the Contractor\'s proposed course of action for resolution by the
Contracting Officer.

H.7.2 [LABOR, HEALTH AND SAFETY LAWS AND CUSTOMS]{.underline}

The Contractor shall comply with all local labor laws, 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.

H.7.3 [SUBCONTRACTORS]{.underline}

The Contractor shall give written assurance to the Contracting Officer
that all subcontractors and others performing work on or for the project
have obtained all requisite licenses and permits.

H.7.4 [EVIDENCE OF COMPLIANCE]{.underline}

The Contractor shall submit proper documentation and evidence
satisfactory to the Contracting Officer demonstrating compliance with
this clause when directed by the Contracting Officer.

H.8 [RESPONSIBILITY OF CONTRACTOR]{.underline}

H.8.1 [DAMAGE TO PERSONS OR PROPERTY]{.underline}

The Contractor shall be responsible for all damages to persons or
property that occur as a result of the Contractor\'s fault or
negligence, and shall take proper safety and health precautions to
protect the work, the workers, the public, and the property of others.

H.8.2 [RESPONSIBILITY FOR WORK PERFORMED]{.underline}

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

H.9 [CONSTRUCTION OPERATIONS]{.underline}

H.9.1 [OPERATIONS AND STORAGE AREAS]{.underline}

\(a\) [CONFINEMENT TO AUTHORIZED AREAS]{.underline}. The Contractor
shall confine all operations (including storage of materials) on
Government premises to areas authorized or approved by the Contracting
Officer.

\(b\) [VEHICULAR ACCESS]{.underline}. The Contractor shall, and in
accordance with any regulations prescribed by the Contracting Officer,
use only established site entrances and roadways.

H.9.2 [USE OF PREMISES]{.underline}

\(a\) Occupied Premises. If the premises are occupied, the Contractor,
its subcontractors, and their employees shall comply with the
regulations promulgated by the Government governing access to, operation
of, and conduct while in or on the premises and shall perform the work
required under this contract in such a manner as not to unreasonably
interrupt or interfere with the conduct of Government business.

\(b\) Requests from occupants. The Contractor shall refer any request
from occupants of existing buildings to change the sequence of work to
the Contracting Officer for determination.

\(c\) Access limited. The Contractor, its subcontractors and their
employees shall not have access to or be admitted into any building or
portion of the site outside the areas designated in this contract except
with the permission of the Contracting Officer.

H.10 [TEMPORARY FACILITIES AND SERVICES]{.underline}

The Contractor may erect temporary buildings (such as, storage sheds,
shops, offices) and utilities only with the approval of the Contracting
Officer. The cost of these temporary buildings is included in the
contract fixed price. The temporary buildings and utilities shall remain
the property of the Contractor and shall be removed by the Contractor at
its expense upon completion of the work. With the written consent of the
Contracting Officer, the buildings and utilities may be abandoned and
need not be removed.

H.11 [SAFETY]{.underline}

H.11.1 DOSAR 652.236-70 ACCIDENT PREVENTION (APR 2004)

\(a\) *General*. The contractor shall provide and maintain work
environments and procedures which will safeguard the public and
Government personnel, property, materials, supplies, and equipment
exposed to contractor operations and activities; avoid interruptions of
Government operations and delays in project completion dates; and,
control costs in the performance of this contract. For these purposes,
the contractor shall:

> \(1\) Provide appropriate safety barricades, signs and signal lights;
>
> \(2\) Comply with the standards issued by any local government
> authority having jurisdiction over occupational health and safety
> issues; and,
>
> \(3\) Ensure that any additional measures the contracting officer
> determines to be reasonably necessary for this purpose are taken.
>
> \(4\) For overseas construction projects, the contracting officer
> shall specify in writing additional requirements regarding safety if
> the work involves:
>
> \(i\) Scaffolding;
>
> \(ii\) Work at heights above two (2) meters;
>
> \(iii\) Trenching or other excavation greater than one (1) meter in
> depth;
>
> \(iv\) Earth moving equipment;
>
> \(v\) Temporary wiring, use of portable electric tools, or other
> recognized electrical hazards. Temporary wiring and portable electric
> tools require the use of a ground fault circuit interrupter (GFCI) in
> the affected circuits; other electrical hazards may also require the
> use of a GFCI;
>
> \(vi\) Work in confined spaces (limited exits, potential for oxygen
> less that 19.5 percent or combustible atmosphere, potential for solid
> or liquid engulfment, or other hazards considered to be immediately
> dangerous to life or health such as water tanks, transformer vaults,
> sewers, cisterns, etc.);
>
> \(vii\) Hazardous materials -- a material with a physical or health
> hazard including but not limited to, flammable, explosive, corrosive,
> toxic, reactive or unstable, or any operations which creates any kind
> of contamination inside an occupied building such as dust from
> demolition activities, paints, solvents, etc.; or
>
> \(viii\) Hazardous noise levels.

\(b\) *Records*. The contractor shall maintain an accurate record of
exposure data on all accidents incident to work performed under this
contract resulting in death, traumatic injury, occupational disease, or
damage to or theft of property, materials, supplies, or equipment. The
contractor shall report this data in the manner prescribed by the
contracting officer.

\(c\) *Subcontracts*. The contractor shall be responsible for its
subcontractors' compliance with this clause.

\(d\) *Written program.* Before commencing work, the contractor shall:

> \(1\) Submit a written plan to the contracting officer for
> implementing this clause. The plan shall include specific management
> or technical procedures for effectively controlling hazards associated
> with the project; and,
>
> \(2\) Meet with the contracting officer to discuss and develop a
> mutual understanding relative to administration of the overall safety
> program.

\(e\) *Notification*. The contracting officer shall notify the
contractor of any non-compliance with these requirements and the
corrective actions required. This notice, when delivered to the
contractor or the contractor's representative on site, shall be deemed
sufficient notice of the non-compliance and corrective action required.
After receiving the notice, the contractor shall immediately take
corrective action. If the contractor fails or refuses to promptly take
corrective action, the contracting officer may issue an order suspending
all or part of the work until satisfactory corrective action has been
taken. The contractor shall not be entitled to any equitable adjustment
of the contract price or extension of the performance schedule on any
suspension of work order issued under this clause.

(End of clause)

H.12 [SUBCONTRACTORS AND SUPPLIERS]{.underline}

H.12.1 [CLAIMS AND ENCUMBRANCES]{.underline}

The Contractor shall satisfy as due all lawful claims of any persons or
entities employed by the Contractor, including subcontractors, material
men and laborers, for all labor performed and materials furnished under
this contract, including the applicable warranty or correction period,
unless the Government shall be directly liable by contract. The
Contractor shall not at any time permit any lien, attachment, or other
encumbrance to be entered against or to remain on the building(s), or
the premises, whether public or private, or any portion thereof, as a
result of nonperformance of any part of this contract.

H.12.2 [APPROVAL OF SUBCONTRACTORS]{.underline}

\(a\) [REVIEW AND APPROVAL]{.underline}. The Government reserves the
right to review proposed subcontractors for a period of five (5) days
before providing notice of approval or rejection of any or all
subcontractors.

\(b\) [REJECTION OF SUBCONTRACTORS]{.underline}. The Government reserves
the right to reject any or all subcontractors proposed if their
participation in the project, as determined by the Contracting Officer,
may cause damage to the national security interests of the United
States. The Contractor agrees to promptly replace any subcontractor
rejected by the Government under this clause.

H.13 [CONSTRUCTION PERSONNEL]{.underline}

H.13.1 [REMOVAL OF PERSONNEL]{.underline}

The Contractor shall maintain discipline at the site and at all times
take all reasonable precautions to prevent any unlawful, riotous, or
disorderly conduct by or among those at the site. The contractor shall
ensure the preservation of peace and protection of persons and property
in the neighborhood of the project. The Contracting Officer may require,
in writing, that the Contractor remove from the work any employee that
the Contracting Officer deems incompetent, careless, insubordinate or
otherwise objectionable, or whose continued employment on the project is
deemed by the Contracting Officer to be contrary to the Government\'s
interests.

H.13.2 [CONSTRUCTION PERSONNEL SECURITY]{.underline}

After award of the contract, the Contractor shall have ten days to
submit to the Contracting Officer a list of workers and supervisors
assigned to this project (Biographic Data on Personnel) for the
Government to conduct all necessary security checks. It is anticipated
that security checks will take 20 days to perform. For each individual
the list shall include:

Full Name

Place and Date of Birth

Current Address

Identification number

Failure to provide any of the above information may be considered
grounds for rejection and/or resubmittal of the application. Once the
Government has completed the security screening and approved the
applicants, the Government will provide a badge to the individual for
access to the site. The Government may revoke this badge at any time due
to the falsification of data, or misconduct on site.

H.14 [MATERIALS AND EQUIPMENT]{.underline}

H.14.1 [SELECTION AND APPROVAL OF MATERIALS]{.underline}

\(a\) [STANDARD TO QUALITY]{.underline}. All materials and equipment
incorporated into the work shall be new and for the purpose intended,
unless otherwise specified. All workmanship shall be of good quality and
performed in a skillful manner that will withstand inspection.

\(b\) [SELECTION BY CONTRACTOR]{.underline}. Where the contract permits
the Contractor to select products, materials or equipment to be
incorporated in the work, or where specific approval is otherwise
required by the contract, the Contractor shall furnish a Submittal
Register to the Contracting Officer, for approval. The Submittal
Register shall include the names of the manufacturer, model number, and
source of procurement of each such product, material or equipment,
together with other pertinent information concerning the nature,
appearance, dimensions, performance, capacity, and rating. To ensure a
timely review the Contractor shall provide a submittal register ten days
after contract award showing when shop drawings, samples, or submittals
shall be made. When directed to do so, the Contractor shall submit
samples for approval at the Contractor\'s expense, with all shipping
charges prepaid. Installation or use of any products, materials or
equipment without the required approval shall be at the risk of
subsequent rejection.

H.14.2 [CUSTODY OF MATERIALS]{.underline}

The Contractor shall be responsible for the custody of all materials
received for incorporation into the project, including Government
furnished materials, upon delivery to the Contractor or to any person
for whom it is responsible, including subcontractors. The Contractor
shall deliver all such items to the site as soon as practicable. If
required by the Contracting

Officer, the Contractor shall clearly mark in a manner directed by the
Contracting Officer all items of which the Contractor has custody but
which have not been delivered or secured at the site, clearly indicating
the use of such items for the U.S. Government project.

H.14.3 [BASIS OF CONTRACT PRICE]{.underline}

The contract price is based on the use of the materials, products and
equipment specified in the contract, except for substitutions or
\"Or-Equal\" items proposed by the Contractor which have been
specifically approved by the Government at the time of execution of the
contract. Any substitution approved by the Government after execution of
the contract shall be subject to an appropriate adjustment of the
contract price.

H.14.4 [SUBSTITUTIONS]{.underline}

\(a\) [PRIOR APPROVAL REQUIRED]{.underline}. The Contractor must receive
approval in writing from the Contracting Officer before substitutions
(1) proposed by the Contractor but not yet approved at the time of
execution of the contract, or (2) proposed by the Contractor after
execution of the contract may be used in the project. Sufficient
information to permit evaluation by the Government must be accompany any
substitution request including but not limited to the reasons for the
proposed substitution and data concerning the design, appearance,
performance, composition, and relative cost of the proposed substitute.
The Contractor shall make requests for substitutions in a timely manner
to permit adequate evaluation by the Government. If, in the Contracting
Officer\'s opinion, the use of such substitute items is not in the best
interests of the Government, the Contractor must obtain the items
originally specified with no adjustment in the contract price or
completion date.

\(b\) [APPROVAL THROUGH SHOP DRAWINGS]{.underline}. The Contractor may
propose substitutions of materials in the submittal of shop drawings,
provided such substitution is specifically requested in writing in the
transmittal of the shop drawings to the Contracting Officer. Such
substitution requests must be made in a timely manner and supported by
the required information.

\(c\) [FINAL APPROVAL ON DELIVERY]{.underline}. Acceptance or approval
of proposed substitutions under the contract is conditioned upon
approval of items delivered at the site or approval by sample. Approval
by sample shall not limit the Government\'s right to reject material
after delivery to the site if the material does not conform to the
approved sample in all material respects.

H.14.5 [\"OR-EQUAL CLAUSE\"]{.underline}

References in the Specifications/Statement of Work to materials,
products or equipment by trade name, make, or catalog number, or to
specific processes, shall be regarded as establishing a standard of
quality and shall not be construed as limiting competition. The
Contractor may propose for approval or rejection by the Contracting
Officer the substitution of any material, product, equipment or process
that the Contractor believes to be equal to or better

than that named in the Specifications/Statement of Work, unless
otherwise specifically provided in this contract.

H.14.6 [USE AND TESTING OF SAMPLES]{.underline}

("Samples" include materials and equipment.)

\(a\) [USE]{.underline}. The Contractor shall send approved samples not
destroyed in testing to the Contracting Officer. Those which are in good
condition will be marked for identification and may be used in the work.
Materials and equipment incorporated in the work shall match the
approved samples within any specified tolerances. Other samples not
destroyed in testing or not approved will be returned to the Contractor
at its expense if so requested.

\(b\) [FAILURE OF SAMPLES]{.underline}. If a sample fails to pass the
specified tests described in this contract, any further samples of the
same brand or make of that material or equipment may not be considered
for use in performance under this contract.

\(c\) [TAKING AND TESTING OF SAMPLES]{.underline}. Samples delivered on
the site or in place may be taken by the Contracting Officer for
additional testing by the Government outside of those required by the
Contract documents. Samples failing to meet contract requirements will
automatically void previous approvals of the items tested. The
Contractor shall replace such materials or equipment found not to have
met contract requirements, unless the Contracting Officer determines it
to be in the Government\'s interest to accept the non-conforming
materials or equipment with an appropriate adjustment of the Contract
price as determined by the Contracting Officer.

\(d\) [COST OF ADDITIONAL TESTING BY THE GOVERNMENT]{.underline}. When
additional tests of samples are performed, only one test of each sample
proposed for use will be made at the expense of the Government. Samples
which do not meet contract requirements will be rejected. Further
testing of additional samples, if required, will be made at the expense
of the Contractor.

H.15 [IMPORTED MATERIALS, EQUIPMENT, AND PERSONNEL]{.underline}

H.15.1 [SHIPMENT AND CUSTOMS CLEARANCE]{.underline}

\(a\) Costs to be borne by Contractor. The Contractor is responsible for
paying all charges incurred in obtaining materials that must be imported
for the project and in transporting the materials from their place or
origin to the construction site. Moving costs shall include, but not
necessarily be limited to, packing, handling, cartage, overland freight,
ocean freight, transshipment, port, unloading, customs clearance and
duties (other than customs duties specified below), unpacking, storage,
and all other charges including administrative costs in connection with
obtaining and transporting the materials from their source to the
project site.

\(b\) [Duty-free clearance]{.underline}. The Contractor shall not be
responsible for customs duties for which the Government has been able to
obtain a customs waiver. The Contractor shall follow the instructions of
the Contracting Officer as to the manner of labeling the shipping
containers or otherwise processing shipments of imported materials in
order to obtain, or continue to receive, duty free clearance through
customs. The Contractor shall be responsible for the payment of customs
duties, if any, which

(1) are imposed on items which are not labeled and processed in
    accordance with the Contracting Officer\'s instructions,

(2) are imposed on the Contractor\'s tools, construction equipment and
    machinery imported for use on the project, or

(3) are otherwise ineligible for duty-free entry. The Contractor is
    responsible for customs duties where the Contractor has failed to
    give adequate and timely notice to the Contracting Officer of
    importation on containers or materials which may be eligible for a
    customs waiver. The Contracting Officer will provide instructions
    concerning time periods for notification of importation by the
    Contractor.

\(c\) Customs Clearance. The Government will be responsible for
obtaining customs clearances, and for obtaining exemption certificates
or paying customs duties not waived, for imported products, materials
and equipment which are labeled and processed in accordance with the
Contracting Officer\'s instructions. The Government shall not be
responsible for obtaining customs clearance for the Contractor\'s tools,
construction equipment or machinery, nor for obtaining visas, entry or
work permits for the Contractor\'s personnel.

H.15.2 [SURPLUS MATERIALS]{.underline}

Unless otherwise specified, any surplus materials, fixtures, articles or
equipment remaining at the completion of the project shall become the
property of the Contractor, except those items furnished by the
Government, whose cost is not included in the contract price.

H.16 [SPECIAL WARRANTIES]{.underline}

H.16.1 [SPECIAL WARRANTY OBLIGATIONS]{.underline}

Any special warranties that may be required under the contract shall be
subject to the stipulations set forth in 52.246-21, \"Warranty of
Construction\", as long as they do not conflict with the special
warranty.

H.16.2 [WARRANTY INFORMATION]{.underline}

The Contractor shall obtain and furnish to the Government all
information required in order to make any subcontractor\'s,
manufacturers, or supplier\'s guarantee or warranty legally binding and
effective. The Contractor shall submit both the information and the
guarantee or warranty to the Government in sufficient time to permit the
Government to meet any time limit specified in the guarantee or
warranty, but not later than completion and acceptance of all work under
this contract.

H.17 [EQUITABLE ADJUSTMENTS]{.underline}

H.17.1 [BASIS FOR EQUITABLE ADJUSTMENTS]{.underline}

Any circumstance for which the contract provides an equitable adjustment
that causes a change within the meaning of paragraph (a) of the
\"Changes\" clause shall be treated as a change under that clause. The
Contractor shall give the Contracting Officer written notice (within 20
days) stating:

(a) the date, circumstances, and applicable contract clause authorizing
    an equitable adjustment and

(b) that the Contractor regards the event as a changed condition for
    which an equitable adjustment is allowed under the contract.

H.17.2 [DIFFERING SITE CONDITION NOTICE]{.underline}

The Contractor shall provide written notice of a differing site
condition within 10 days of occurrence following FAR 52.236-2, Differing
Site Conditions.

H.17.3 [DOCUMENTATION OF PROPOSALS FOR EQUITABLE
ADJUSTMENTS]{.underline}

\(a\) [ITEMIZATION OF PROPOSALS AND REQUESTS]{.underline}. The
Contractor shall submit any request for equitable adjustment in the
contract price, including any change proposal submitted in accordance
with the \"Changes\" clause, in the form of a lump sum proposal
supported with an itemized breakdown of all increases and decreases in
the contract price in the detail required by the Contracting Officer,
The request shall include all costs and delays related to or arising out
of the change or event giving rise to the proposed adjustment, including
any delay damages and additional overhead costs.

\(b\) [PROPOSED TIME ADJUSTMENTS]{.underline}. The Contractor shall
submit a proposed time extension (if applicable) with any request for an
equitable adjustment or change proposal. The request shall include
sufficient information to demonstrate whether and to what extent the
change will delay the completion of the contract.

\(c\) [RELEASE BY CONTRACTOR]{.underline}. The price and time adjustment
made in any contract modification issued as a result of a change
proposal or request for an equitable adjustment shall be considered to
account for all items affected by the change or other circumstances
giving rise to an equitable adjustment. Upon issuance of such contract
modification, the Government shall be released from any and all
liability under this contract for further equitable adjustments
attributable to the facts and circumstances giving rise to the change
proposal or request for equitable adjustment.

H.18 [NONCOMPLIANCE WITH CONTRACT REQUIREMENTS]{.underline}

If the Contractor, after receiving written notice from the Contracting
Officer of noncompliance with any requirement of this contract, fails to
initiate promptly appropriate action(s) to bring performance/work into
compliance with a contract requirement within a reasonable period of
time, the Contracting Officer shall have the right to order the
Contractor to suspend any or all work under the contract. This order
shall be in force until the Contractor has complied or has initiated
such action as may be appropriate to comply within a reasonable period
of time. The Contractor will not be entitled to any extension of
contract time or payment for any costs incurred as a result of being
ordered to suspend work for such a cause.

H.19 [ZONING APPROVALS AND BUILDING PERMITS]{.underline}

The Government is responsible for:

-   obtaining proper zoning or other land use control approval for the
    project,

-   obtaining the approval of the Contracting Drawings and
    Specifications,

-   paying fees due, and

-   obtaining and paying for the initial building permits.

**SECTION I - CONTRACT CLAUSES**

I.1 [FAR 52.252‑2 CLAUSES INCORPORATED BY REFERENCE (FEB
1998)]{.underline}

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.arnet.gov/far or, http://farsite.hill.af.mil/search.htm

These addresses are subject to change. If the Federal Acquisition
Regulation (FAR) is not available at the locations indicated above, use
the Dept. of State Acquisition Website at
[http://www.statebuy.state.gov/](http://www.statebuy.gov/home.htm) to
see the links to the FAR. You may also use an Internet "search engine"
(such as, Yahoo, Excite, Alta Vista, etc.) to obtain the latest location
of the most current FAR.

[FEDERAL ACQUISITION REGULATION (48 CFR Ch. 1)]{.underline}

+----------+---------------------------------------------+------------+
| 52.202-1 | DEFINITIONS                                 | JUL 2004   |
|          |                                             |            |
|          | ALTERNATE I                                 | MAY 2001   |
+----------+---------------------------------------------+------------+
| 52.203-3 | GRATUITIES                                  | APR 1984   |
+----------+---------------------------------------------+------------+
| 52.203-5 | COVENANT AGAINST CONTINGENT FEES            | APR 1984   |
+----------+---------------------------------------------+------------+
| 52.203-7 | ANTI-KICKBACK PROCEDURES                    | JUL 1995   |
+----------+---------------------------------------------+------------+
| 52.203-8 | CANCELLATION, RECISSION AND RECOVERY OF     | JAN 1997   |
|          | FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY      |            |
+----------+---------------------------------------------+------------+
| 5        | PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR      | JAN 1997   |
| 2.203-10 | IMPROPER ACTIVITY                           |            |
+----------+---------------------------------------------+------------+
| 5        | LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN | SEP 2005   |
| 2.203-12 | FEDERAL TRANSACTIONS                        |            |
+----------+---------------------------------------------+------------+
| 52.204-4 | PRINTING/COPYING DOUBLE-SIDED ON RECYCLED   | AUG 2000   |
|          | PAPER                                       |            |
+----------+---------------------------------------------+------------+
| 52.209-6 | PROTECTING THE GOVERNMENT'S INTEREST WHEN   | SEP 2006   |
|          | SUBCONTRACTING WITH CONTRACTORS DEBARRED,   |            |
|          | SUSPENDED, OR PROPOSED FOR DEBARMENT        |            |
+----------+---------------------------------------------+------------+
| 52.215-2 | AUDIT AND RECORDS -- NEGOTIATION            | JUN 1999   |
+----------+---------------------------------------------+------------+
| 52.215-8 | ORDER OF PRECEDENCE -- UNIFORM CONTRACT     | OCT 1997   |
|          | FORMAT                                      |            |
+----------+---------------------------------------------+------------+
| 5        | REQUIREMENTS FOR COST OR PRICING DATA OR    | OCT 1997   |
| 2.215-21 | PRICING DATA OR INFORMATION OTHER THAN COST |            |
|          | OR PRICING DATA -- MODIFICATIONS            |            |
+----------+---------------------------------------------+------------+
| 52.216-7 | ALLOWABLE COST AND PAYMENT                  | FEB 2002   |
|          |                                             |            |
|          | ALTERNATE I                                 | FEB 1997   |
+----------+---------------------------------------------+------------+
| 52.222-1 | NOTICE TO THE GOVERNMENT OF LABOR DISPUTES  | FEB 1997   |
+----------+---------------------------------------------+------------+
| 5        | CHILD LABOR -- COOPERATION WITH AUTHORITIES | JAN 2004   |
| 2.222-19 | AND REMEDIES                                |            |
+----------+---------------------------------------------+------------+
| 5        | RESTRICTIONS ON CERTAIN FOREIGN PURCHASES   | MAR 2005   |
| 2.225-13 |                                             |            |
+----------+---------------------------------------------+------------+
| 5        | INCONSISTENCY BETWEEN ENGLISH VERSION AND   | FEB 2000   |
| 2.225-14 | TRANSLATION OF CONTRACT                     |            |
+----------+---------------------------------------------+------------+
| 52.228-2 | ADDITIONAL BOND SECURITY                    | OCT 1997   |
+----------+---------------------------------------------+------------+
| 52.228-3 | PAYMENT BY ELECTRONIC FUNDS TRANSFER -NIC   | OCT 2003   |
|          | FUNDS TRANSFER -- CENTRAL CONTRACTOR        |            |
|          | REGISTRATION                                |            |
+----------+---------------------------------------------+------------+
| 52.228-4 | WORKERS' COMPENSATION AND WAR-HAZARD        | APR 1984   |
|          | INSURANCE OVERSEAS                          |            |
+----------+---------------------------------------------+------------+
| 52.228-5 | INSURANCE -- WORK ON A GOVERNMENT           | JAN 1997   |
|          | INSTALLATION                                |            |
+----------+---------------------------------------------+------------+
| 5        | PLEDGES OF ASSETS                           | FEB 1992   |
| 2.228-11 |                                             |            |
+----------+---------------------------------------------+------------+
| 5        | ALTERNATIVE PAYMENT PROTECTION              | JUL 2000   |
| 2.228-13 |                                             |            |
+----------+---------------------------------------------+------------+
| 5        | IRREVOCABLE LETTER OF CREDIT                | DEC 1999   |
| 2.228-14 |                                             |            |
+----------+---------------------------------------------+------------+
| 52.229-6 | TAXES -- FOREIGN FIXED-PRICE CONTRACTS      | JUN 2003   |
+----------+---------------------------------------------+------------+
| 52.232-5 | PAYMENTS UNDER FIXED-PRICE CONSTRUCTION     | SEP 2002   |
|          | CONTRACTS                                   |            |
+----------+---------------------------------------------+------------+
| 5        | INTEREST                                    | JUN 1996   |
| 2.232-17 |                                             |            |
+----------+---------------------------------------------+------------+
| 5        | AVAILABILITY OF FUNDS                       | APR 1984   |
| 2.232-18 |                                             |            |
+----------+---------------------------------------------+------------+
| 5        | PROHIBITION OF ASSIGNMENT OF CLAIMS         | JAN 1986   |
| 2.232-24 |                                             |            |
+----------+---------------------------------------------+------------+
| 5        | PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS   | SEP 2005   |
| 2.232-27 |                                             |            |
+----------+---------------------------------------------+------------+
| 5        | PAYMENT BY ELECTRONIC FUNDS TRANSFER --     | OCT 2003   |
| 2.232-33 | CENTRAL CONTRACTOR REGISTRATION             |            |
+----------+---------------------------------------------+------------+
| 5        | PAYMENT BY ELECTRONIC FUNDS TRANSFER --     | MAY 1999   |
| 2.232-34 | OTHER THAN CENTRAL CONTRACTOR REGISTRATION  |            |
+----------+---------------------------------------------+------------+
| 52.233-1 | DISPUTES                                    | JUL 2002   |
|          |                                             |            |
|          | ALTERNATE I                                 | DEC 1991   |
+----------+---------------------------------------------+------------+
| 52.233-3 | PROTEST AFTER AWARD                         | AUG 1996   |
+----------+---------------------------------------------+------------+
| 52.233-4 | APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM | OCT 2004   |
+----------+---------------------------------------------+------------+
| 52.236-2 | DIFFERING SITE CONDITIONS                   | APR 1984   |
+----------+---------------------------------------------+------------+
| 52.236-3 | SITE INVESTIGATION AND CONDITIONS AFFECTING | APR 1984   |
|          | THE WORK                                    |            |
+----------+---------------------------------------------+------------+
| 52.236-5 | MATERIAL AND WORKMANSHIP                    | APR 1984   |
+----------+---------------------------------------------+------------+
| 52.236-6 | SUPERINTENDENCE BY THE CONTRACTOR           | APR 1984   |
+----------+---------------------------------------------+------------+
| 52.236-7 | PERMITS AND RESPONSIBILITIES                | NOV 1991   |
+----------+---------------------------------------------+------------+
| 52.236-8 | OTHER CONTRACTS                             | APR 1984   |
+----------+---------------------------------------------+------------+
| 52.236-9 | PROTECTION OF EXISTING VEGETATION,          | APR 1984   |
|          | STRUCTURES, EQUIPMENT, UTILITIES, AND       |            |
|          | IMPROVEMENTS                                |            |
+----------+---------------------------------------------+------------+
| 5        | OPERATIONS AND STORAGE AREAS                | APR 1984   |
| 2.236-10 |                                             |            |
+----------+---------------------------------------------+------------+
| 5        | USE AND POSSESSION PRIOR TO COMPLETION      | APR 1984   |
| 2.236-11 |                                             |            |
+----------+---------------------------------------------+------------+
| 5        | CLEANING UP                                 | APR 1984   |
| 2.236-12 |                                             |            |
+----------+---------------------------------------------+------------+
| 5        | AVAILABILITY AND USE OF UTILITY SERVICES    | APR 1984   |
| 2.236-14 |                                             |            |
+----------+---------------------------------------------+------------+
| 5        | SCHEDULES FOR CONSTRUCTION CONTRACTS        | APR 1984   |
| 2.236-15 |                                             |            |
+----------+---------------------------------------------+------------+
| 5        | SPECIFICATIONS AND DRAWINGS FOR             | FEB 1997   |
| 2.236-21 | CONSTRUCTION                                |            |
+----------+---------------------------------------------+------------+
| 5        | PRECONSTRUCTION CONFERENCE                  | FEB 1995   |
| 2.236-26 |                                             |            |
+----------+---------------------------------------------+------------+
| 52.242-3 | PENALTIES FOR UNALLOWABLE COSTS             | OCT 1995   |
+----------+---------------------------------------------+------------+
| 5        | BANKRUPTCY                                  | JUL 1995   |
| 2.242-13 |                                             |            |
+----------+---------------------------------------------+------------+
| 52.243-4 | CHANGES                                     | AUG 1987   |
+----------+---------------------------------------------+------------+
| 52.243-5 | CHANGES AND CHANGED CONDITIONS              | APR 1984   |
+----------+---------------------------------------------+------------+
| 52.244-6 | SUBCONTRACTS FOR COMMERCIAL ITEMS           | MAR 2007   |
+----------+---------------------------------------------+------------+
| 52.245-4 | GOVERNMENT-FURNISHED PROPERTY (SHORT FORM)  | JUN 2003   |
+----------+---------------------------------------------+------------+
| 5        | WARRANTY OF CONSTRUCTION                    | MAR 1994   |
| 2.246-21 |                                             |            |
+----------+---------------------------------------------+------------+
| 52.248-3 | VALUE ENGINEERING -- CONSTRUCTION           | FEB 2000   |
+----------+---------------------------------------------+------------+
| 52.249-2 | TERMINATION FOR CONVENIENCE OF THE          | MAY 2004   |
|          | GOVERNMENT (FIXED-PRICE)                    |            |
|          |                                             | SEPT 1996  |
|          | ALTERNATE I                                 |            |
+----------+---------------------------------------------+------------+
| 5        | DEFAULT (FIXED-PRICE CONSTRUCTION)          | APR 1984   |
| 2.249-10 |                                             |            |
+----------+---------------------------------------------+------------+

  ----------- ---------------------------------------------- -------------
  52.247-63   PREFERENCE FOR U.S.-FLAG CARRIERS              JUN 2003

  52.247-64   PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG       APR 2003
              COMMERCIAL VESSELS                             
  ----------- ---------------------------------------------- -------------

[THE FOLLOWING CLAUSES ARE SET FORTH IN FULL TEXT:]{.underline}

I.2. [52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF
UNION DUES OR FEES (DEC 2004) (only if over \$100,000)]{.underline}

\(a\) *Definition*. As used in this clause---

*United States* means the 50 States, the District of Columbia, Puerto
Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.
Virgin Islands, and Wake Island.

\(b\) Except as provided in paragraph (e) of this clause, during the
term of this contract, the Contractor shall post a notice, in the form
of a poster, informing employees of their rights concerning union
membership and payment of union dues and fees, in conspicuous places in
and about all its plants and offices, including all places where notices
to employees are customarily posted. The notice shall include the
following information (except that the information pertaining to
National Labor Relations Board shall not be included in notices posted
in the plants or offices of carriers subject to the Railway Labor Act,
as amended (45 U.S.C. 151-- 188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or
maintain membership in a union in order to retain their jobs. Under
certain conditions, the law permits a union and an employer to enter
into a union-security agreement requiring employees to pay uniform
periodic dues and initiation fees. However, employees who are not union
members can object to the use of their payments for certain purposes and
can only be required to pay their share of union costs relating to
collective bargaining, contract administration, and grievance
adjustment.

If you do not want to pay that portion of dues or fees used to support
activities not related to collective bargaining, contract
administration, or grievance adjustment, you are entitled to an
appropriate reduction in your payment. If you believe that you have been
required to pay dues or fees used in part to support activities not
related to collective bargaining, contract administration, or grievance
adjustment, you may be entitled to a refund and to an appropriate
reduction in future payments.

For further information concerning your rights, you may wish to contact
the National Labor Relations Board (NLRB) either at one of its Regional
offices or at the following address or toll free number:

National Labor Relations Board

Division of Information

1099 14th Street, N.W.

Washington, DC 20570

1-- 866-- 667-- 6572

1-- 866-- 316-- 6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at
*http://www.nlrb.gov*.

\(c\) The Contractor shall comply with all provisions of Executive Order
13201 of February 17, 2001, and related implementing regulations at 29
CFR part 470, and orders of the Secretary of Labor.

\(d\) In the event that the Contractor does not comply with any of the
requirements set forth in paragraphs (b), (c), or (g), the Secretary may
direct that this contract be cancelled, terminated, or suspended in
whole or in part, and declare the Contractor ineligible for further
Government contracts in accordance with procedures at 29 CFR part 470,
Subpart B--- Compliance Evaluations, Complaint Investigations and
Enforcement Procedures. Such other sanctions or remedies may be imposed
as are provided by 29 CFR part 470, which implements Executive Order
13201, or as are otherwise provided by law.

\(e\) The requirement to post the employee notice in paragraph (b) does
not apply to---

> \(1\) Contractors and subcontractors that employ fewer than 15
> persons;
>
> \(2\) Contractor establishments or construction work sites where no
> union has been formally recognized by the Contractor or certified as
> the exclusive bargaining representative of the Contractor's employees;
>
> \(3\) Contractor establishments or construction work sites located in
> a jurisdiction named in the definition of the United States in which
> the law of that jurisdiction forbids enforcement of union-security
> agreements;
>
> \(4\) Contractor facilities where upon the written request of the
> Contractor, the Department of Labor Deputy Assistant Secretary for
> Labor-Management Programs has waived the posting requirements with
> respect to any of the Contractor's facilities if the Deputy
>
> Assistant Secretary finds that the Contractor has demonstrated that---
>
> \(i\) The facility is in all respects separate and distinct from
> activities of the Contractor related to the performance of a contract;
> and
>
> \(ii\) Such a waiver will not interfere with or impede the
> effectuation of the Executive order; or
>
> \(5\) Work outside the United States that does not involve the
> recruitment or employment of workers within the United States.

\(f\) The Department of Labor publishes the official employee notice in
two variations; one for contractors covered by the Railway Labor Act and
a second for all other contractors. The Contractor shall---

> \(1\) Obtain the required employee notice poster from the Division of
> Interpretations and Standards, Office of Labor-Management Standards,
> U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-- 5605,
> Washington, DC 20210, or from any field office of the Department's
> Office of Labor-Management Standards or Office of Federal Contract
> Compliance Programs;
>
> \(2\) Download a copy of the poster from the Office of
> Labor-Management Standards website at *http://www.olms.dol.gov*; or
>
> \(3\) Reproduce and use exact duplicate copies of the Department of
> Labor's official poster.

\(g\) The Contractor shall include the substance of this clause in every
subcontract or purchase order that exceeds the simplified acquisition
threshold, entered into in connection with this contract, unless
exempted by the Department of Labor Deputy Assistant Secretary for
Labor--Management Programs on account of special circumstances in the
national interest under authority of 29 CFR 470.3(c). For indefinite
quantity subcontracts, the Contractor shall include the substance of
this clause if the value of orders in any calendar year of the
subcontract is expected to exceed the simplified acquisition threshold.
Pursuant to 29 CFR part 470, Subpart B--- Compliance Evaluations,
Complaint Investigations and Enforcement Procedures, the Secretary of
Labor may direct the Contractor to take such action in the enforcement
of these regulations, including the imposition of sanctions for
noncompliance with respect to any such subcontract or purchase order. If
the Contractor becomes involved in litigation with a subcontractor or
vendor, or is threatened with such involvement, as a result of such
direction, the Contractor may request the United States, through the
Secretary of Labor, to enter into such litigation to protect the
interests of the United States.

I.3 [RESERVED]{.underline}

I.4 [652.243-70 NOTICES (AUG 1999)]{.underline}

Any notice or request relating to this contract given by either party to
the other shall be in writing. Said notice or request shall be mailed or
delivered by hand to the other party at the address provided in the
schedule of the contract. The contracting officer must make all
modifications to the contract in writing.

I.5 652.242-73 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;
>
> \(2\) 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.

I.6 [RESERVED]{.underline}

I.7 [THE FOLLOWING CLAUSE IS APPLICABLE IF CHECKED]{.underline}

( ) [652.229-70 EXCISE TAX EXEMPTION STATEMENT FOR CONTRACTORS WITHIN
THE UNITED STATES (JULY 1988)]{.underline}

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.

I.8. [52.228-15 PERFORMANCE AND PAYMENT BONDS - CONSTRUCTION (NOV
2006)]{.underline}

\(a\) *Definitions*. As used in this clause---

> "Original contract price" means the award price of the contract; or,
> for requirements contracts, the price payable for the estimated total
> quantity; or, for indefinite-quantity contracts, the price payable for
> the specified minimum quantity. Original contract price does not
> include the price of any options, except those options exercised at
> the time of contract award.
>
> \(b\) *Amount of required bonds*. Unless the resulting contract price
> is \$100,000 or less, the successful offeror shall furnish performance
> and payment bonds to the Contracting Officer as follows:
>
> \(1\) *Performance bonds (Standard Form 25)*. The penal amount of
> performance bonds at the time of contract award shall be 100 percent
> of the original contract price.
>
> \(2\) *Payment Bonds (Standard Form 25-A)*. The penal amount of
> payment bonds at the time of contract award shall be 100 percent of
> the original contract price.
>
> \(3\) Additional bond protection.
>
> \(i\) The Government may require additional performance and payment
> bond protection if the contract price is increased. The increase in
> protection generally will equal 100 percent of the increase in
> contract price.
>
> \(ii\) The Government may secure the additional protection by
> directing the Contractor to increase the penal amount of the existing
> bond or to obtain an additional bond.
>
> \(c\) *Furnishing executed bonds*. The Contractor shall furnish all
> executed bonds, including any necessary reinsurance agreements, to the
> Contracting Officer, within the time period specified in the Bid
> Guarantee provision of the solicitation, or otherwise specified by the
> Contracting Officer, but in any event, before starting work.
>
> \(d\) *Surety or other security for bonds*. The bonds shall be in the
> form of firm commitment, supported by corporate sureties whose names
> appear on the list contained in Treasury Department Circular 570,
> individual sureties, or by other acceptable security such as postal
> money order, certified check, cashier\'s check, irrevocable letter of
> credit, or bonds or notes of the United States. Treasury Circular 570
> is published in the Federal Register or Department of Treasury,
> Financial Management Service, Surety Bond Branch, 3700 East West
> Highway, Room 6F01, Hyattsville, MD 20782. Or via the internet at
> http:://www.fms.treas.gov/c570/.
>
> (e) *Notice of subcontractor waiver of protection
> (40 U.S.C. 3133(c))*. Any waiver of the right to sue on the payment
> bond is void unless it is in writing, signed by the person whose right
> is waived, and executed after such person has first furnished labor or
> material for use in the performance of the contract."

I.9 652.225-71 SECTION 8(A) OF THE EXPORT ADMINISTRATION ACTS 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;
>
> \(4\) 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.

I.10 [652.229-71 PERSONAL PROPERTY DISPOSITION AT POSTS ABROAD (AUG
1999)]{.underline}

Regulations at 22 CFR Part 136 require that U.S. Government employees
and their families do not profit personally from sales or other
transactions with persons who are not themselves entitled to exemption
from import restrictions, duties, or taxes. Should the contractor
experience importation or tax privileges in a foreign country because of
its contractual relationship to the United States Government, the
contractor shall observe the requirements of 22 CFR Part 136 and all
policies, rules, and procedures issued by the chief of mission in that
foreign country.

**PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS**

# SECTION J - LIST OF ATTACHMENTS

  ------------------ --------------------------------- -------------------
  **ATTACHMENT NO.** **DESCRIPTION OF ATTACHMENT**     **NO. PAGES**

  **Attachment 1**   **Sample Bank Letter of           **1**
                     Guaranty**                        

  **Attachment 2**   **Breakdown of Proposal Price by  **1**
                     Divisions of Specifications**     

                                                       
  ------------------ --------------------------------- -------------------

**ATTACHMENT #1**

# SAMPLE LETTER OF BANK GUARANTY

Place ***\[ \]***

Date ***\[ \]***

Contracting Officer

U.S. Embassy, Seoul

10, Namyoung-dong,

Yongsan-ku, Seoul, Korea

Letter of Guaranty No***. \_\_\_\_\_\_\_***

SUBJECT: Performance and Guaranty

The Undersigned, acting as the duly authorized representative of the
bank, declares that the bank hereby guarantees to make payment to the
Contracting Officer by check made payable to the Treasurer of the United
States, immediately upon notice, after receipt of a simple written
request from the Contracting Officer, immediately and entirely without
any need for the Contracting Officer to protest or take any legal action
or obtain the prior consent of the Contractor to show any other proof,
action, or decision by an other authority, up to the sum of ***\[Amount
equal to 20% of the contract price in U.S. dollars during the period
ending with the date of final acceptance and 10% of the contract price
during contract guaranty period\]***, which represents the deposit
required of the contractor to guarantee fulfillment of his obligations
for the satisfactory, complete, and timely performance of the said
contract ***\[contract number\]*** for ***\[description of work\]*** at
***\[location of work\]*** in strict compliance with the terms,
conditions and specifications of said contract, entered into between the
Government and ***\[name of contractor\]*** of ***\[address of
contractor\]*** on ***\[contract date\]***, plus legal charges of 10%
per annum on the amount called due, calculated on the sixth day
following receipt of the Contracting Officer's written request until the
date of payment.

The undersigned agrees and consents that said contract may be modified
by Change Order or Supplemental Agreement affecting the validity of the
guaranty provided, however, that the amount of this guaranty shall
remain unchanged.

The undersigned agrees and consents that the Contracting Officer may
make repeated partial demands on the guaranty up to the total amount of
this guaranty, and the bank will promptly honor each individual demand.

This letter of guaranty shall remain in effect until 3 months after
completion of the guaranty period of Contract requirement.

-------------------------------------------------------------------------------------------------

Depository Institution: ***\[Name\]***

Address: Location: \_\_\_\_\_\_\_\_\_\_\_\_\_\_

Representative(s): \_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_ State
of Inc.: \_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_ Corporate Seal:

Certificate of Authority is attached evidencing authority of the signer
to bind the bank to this document.

**ATTACHMENT #2**

**UNITED STATES DEPARTMENT OF STATE**

**BREAKDOWN OF PRICE BY DIVISIONS OF SPECIFICATIONS**

+---------------+-----------+---------+---------+--------+-----------+
| **(1)**       | **(2)**   | **(3)   | **(4)   | *      | **(6)**   |
|               |           | MATE    | OVE     | *(5)** |           |
| **DIVISION/   | ###       | RIALS** | RHEAD** |        | **TOTAL** |
| DESCRIPTION** | ##  LABOR |         |         | **PR   |           |
|               |           |         |         | OFIT** |           |
+---------------+-----------+---------+---------+--------+-----------+
| 1\. General   |           |         |         |        |           |
| Requirements/ |           |         |         |        |           |
|               |           |         |         |        |           |
| Mobilization  |           |         |         |        |           |
+---------------+-----------+---------+---------+--------+-----------+
| 2\. Site Work |           |         |         |        |           |
+---------------+-----------+---------+---------+--------+-----------+
| 3\. Concrete  |           |         |         |        |           |
+---------------+-----------+---------+---------+--------+-----------+
| 4\. Masonry   |           |         |         |        |           |
+---------------+-----------+---------+---------+--------+-----------+
| 5\. Metals    |           |         |         |        |           |
+---------------+-----------+---------+---------+--------+-----------+
| 6\. Wood and  |           |         |         |        |           |
| Plastic       |           |         |         |        |           |
+---------------+-----------+---------+---------+--------+-----------+
| 7\. Thermal   |           |         |         |        |           |
| and Moisture  |           |         |         |        |           |
+---------------+-----------+---------+---------+--------+-----------+
| 8\. Doors and |           |         |         |        |           |
| Windows       |           |         |         |        |           |
+---------------+-----------+---------+---------+--------+-----------+
| 9\. Finishes  |           |         |         |        |           |
+---------------+-----------+---------+---------+--------+-----------+
| 10\.          |           |         |         |        |           |
| Specialties   |           |         |         |        |           |
+---------------+-----------+---------+---------+--------+-----------+
| 11\.          |           |         |         |        |           |
| Equipment     |           |         |         |        |           |
+---------------+-----------+---------+---------+--------+-----------+
| 12\.          |           |         |         |        |           |
| Furnishings   |           |         |         |        |           |
+---------------+-----------+---------+---------+--------+-----------+
| 13\. Special  |           |         |         |        |           |
| Construction  |           |         |         |        |           |
+---------------+-----------+---------+---------+--------+-----------+
| 14\.          |           |         |         |        |           |
| Conveying     |           |         |         |        |           |
| Systems       |           |         |         |        |           |
+---------------+-----------+---------+---------+--------+-----------+
| 15\.          |           |         |         |        |           |
| Mechanical    |           |         |         |        |           |
+---------------+-----------+---------+---------+--------+-----------+
| 16\.          |           |         |         |        |           |
| Electrical    |           |         |         |        |           |
+---------------+-----------+---------+---------+--------+-----------+
| #### TOTAL    |           |         |         |        |           |
+---------------+-----------+---------+---------+--------+-----------+

Allowance Items:

**PROPOSAL PRICE TOTAL:** Korean Won

Alternates (list separately do not total)

***Offeror: Date***

**PART IV - REPRESENTATIONS AND INSTRUCTIONS**

**SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER**

**STATEMENTS OF OFFERORS OR QUOTERS**

K.1 [52.204-7 Central Contractor Registration (OCT 2003)]{.underline}

\(a\) Definitions. As used in this clause-

\"Central Contractor Registration (CCR) database\" means the primary
Government repository for Contractor information required for the
conduct of business with the Government.

\"Data Universal Numbering System (DUNS) number\" means the 9-digit
number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique
business entities.

\"Data Universal Numbering System +4 (DUNS+4) number\" means the DUNS
number assigned by D&B plus a 4-character suffix that may be assigned by
a business concern. (D&B has no affiliation with this 4-character
suffix.) This 4-character suffix may be assigned at the discretion of
the business concern to establish additional CCR records for identifying
alternative Electronic Funds Transfer (EFT) accounts (see the FAR at
Subpart 32.11) for the same parent concern.

\"Registered in the CCR database\" means that- (1) The Contractor has
entered all mandatory information, including the DUNS number or the
DUNS+4 number, into the CCR database; and (2) The Government has
validated all mandatory data fields and has marked the record
\"Active\".

(b)(1) By submission of an offer, the offeror acknowledges the
requirement that a prospective awardee shall be registered in the CCR
database prior to award, during performance, and through final payment
of any contract, basic agreement, basic ordering agreement, or blanket
purchasing agreement resulting from this solicitation.

\(2\) The offeror shall enter, in the block with its name and address on
the cover page of its offer, the annotation \"DUNS\" or \"DUNS +4\"
followed by the DUNS or DUNS +4 number that identifies the offeror\'s
name and address exactly as stated in the offer. The DUNS number will be
used by the Contracting Officer to verify that the offeror is registered
in the CCR database.

\(c\) If the offeror does not have a DUNS number, it should contact Dun
and Bradstreet directly to obtain one.

\(1\) An offeror may obtain a DUNS number-

\(i\) If located within the United States, by calling Dun and Bradstreet
at 1-866-705-5711 or via the Internet at *http://www.dnb.com*; or

\(ii\) If located outside the United States, by contacting the local Dun
and Bradstreet office.

\(2\) The offeror should be prepared to provide the following
information:

\(i\) Company legal business.

\(ii\) Tradestyle, doing business, or other name by which your entity is
commonly recognized.

\(iii\) Company Physical Street Address, City, State, and Zip Code.

\(iv\) Company Mailing Address, City, State and Zip Code (if separate
from physical).

\(v\) Company Telephone Number.

\(vi\) Date the company was started.

\(vii\) Number of employees at your location.

\(viii\) Chief executive officer/key manager.

\(ix\) Line of business (industry).

\(x\) Company Headquarters name and address (reporting relationship
within your entity).

\(d\) If the Offeror does not become registered in the CCR database in
the time prescribed by the Contracting Officer, the Contracting Officer
will proceed to award to the next otherwise successful registered
Offeror.

\(e\) Processing time, which normally takes 48 hours, should be taken
into consideration when registering. Offerors who are not registered
should consider applying for registration immediately upon receipt of
this solicitation.

\(f\) The Contractor is responsible for the accuracy and completeness of
the data within the CCR database, and for any liability resulting from
the Government\'s reliance on inaccurate or incomplete data. To remain
registered in the CCR database after the initial registration, the
Contractor is required to review and update on an annual basis from the
date of initial registration or subsequent updates its information in
the CCR database to ensure it is current, accurate and complete.
Updating information in the CCR does not alter the terms and conditions
of this contract and is not a substitute for a properly executed
contractual document.

\(g\) (1) (i) If a Contractor has legally changed its business name,
\"doing business as\" name, or division name (whichever is shown on the
contract), or has transferred the assets used in performing the
contract, but has not completed the necessary requirements regarding
novation and change-of-name agreements in Subpart 42.12, the Contractor
shall provide the responsible Contracting Officer a minimum of one
business day\'s written notification of its intention to (A) change the
name in the CCR database; (B) comply with the requirements of Subpart
42.12 of the FAR; and (C) agree in writing to the timeline and
procedures specified by the responsible Contracting Officer. The
Contractor must provide with the notification sufficient documentation
to support the legally changed name.

\(ii\) If the Contractor fails to comply with the requirements of
paragraph (g)(1)(i) of this clause, or fails to perform the agreement at
paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly
executed novation or change-of-name agreement, the CCR information that
shows the Contractor to be other than the Contractor indicated in the
contract will be considered to be incorrect information within the
meaning of the \"Suspension of Payment\" paragraph of the electronic
funds transfer (EFT) clause of this contract.

\(2\) The Contractor shall not change the name or address for EFT
payments or manual payments, as appropriate, in the CCR record to
reflect an assignee for the purpose of assignment of claims (see FAR
Subpart 32.8, Assignment of Claims). Assignees shall be separately
registered in the CCR database. Information provided to the
Contractor\'s CCR record that indicates payments, including those made
by EFT, to an ultimate recipient other than that Contractor will be
considered to be incorrect information within the meaning of the
\"Suspension of payment\" paragraph of the EFT clause of this contract.

\(h\) Offerors and Contractors may obtain information on registration
and annual confirmation requirements via the internet at
*http://www.ccr.gov* or by calling 1-888-227-2423, or 269-961-5757.

K.2 RESERVED

K.3 RESERVED

K.4 RESERVED

K.5 [52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS]{.underline}

> [(JAN 2005)]{.underline}

(a)(1) If the clause at 52.204--7, Central Contractor Registration, is
included in this solicitation, paragraph (b) of this provision applies.

\(2\) If the clause at 52.204--7 is not included in this solicitation,
and the offeror is currently registered in CCR, and has completed the
ORCA electronically, the offeror may choose to use paragraph (b) of this
provision instead of completing the corresponding individual
representations and certifications in the solicitation. The offeror
shall indicate which option applies by checking one of the following
boxes:

\[ \] (i) Paragraph (b) applies.

\[ \] (ii) Paragraph (b) does not apply and the offeror has completed
the individual representations and certifications in the solicitation.

\(b\) The offeror has completed the annual representations and
certifications electronically via the Online Representations and
Certifications Application (ORCA) website at *http://orca.bpn.gov*.
After reviewing the ORCA database information, the offeror verifies by
submission of the offer that the representations and certifications
currently posted electronically have been entered or updated within the
last 12 months, are current, accurate, complete, and applicable to this
solicitation (including the business size standard applicable to the
NAICS code referenced for this solicitation), as of the date of this
offer and are incorporated in this offer by reference (see FAR 4.1201);
except for the changes identified below

\[*Offeror to insert changes, identifying change by clause number,
title, date*\].

These amended representation(s) and/or certification(s) are also
incorporated in this offer and are current, accurate, and complete as of
the date of this offer.

+--------------+-------------------+---------------+-----------------+
| FAR Clause   | Title             | Date          | Change          |
|              |                   |               |                 |
| \#           |                   |               |                 |
+--------------+-------------------+---------------+-----------------+
|              |                   |               |                 |
+--------------+-------------------+---------------+-----------------+

Any changes provided by the offeror are applicable to this solicitation
only, and do not result in an update to the representations and
certifications posted on ORCA.

K.6 RESERVED

K.7 [RESERVED]{.underline}

K.8 [RESERVED]{.underline}

K.9 [RESERVED]{.underline}

K.10 [652.225-70 ARAB LEAGUE BOYCOTT OF ISRAEL (AUG 1999)]{.underline}

\(a\) [DEFINITIONS]{.underline}. As used in this provision:

Foreign person means any person other than a United States person as
defined below.

United States person means any United States resident or national (other
than an individual resident outside the United States and employed by
other than a United States person), any domestic concern (including any
permanent domestic establishment of any foreign concern), and any
foreign subsidiary or affiliate (including any permanent foreign
establishment) of any domestic concern which is controlled in fact by
such domestic concern, as provided under the Export Administration Act
of 1979, as amended.

\(b\) [CERTIFICATION]{.underline}. By submitting this offer, the offeror
certifies that it is not:

> \(1\) Taking or knowingly agreeing to take any action, with respect to
> the boycott of Israel by Arab League countries, which Section 8(a) of
> the Export Administration Act of 1979, as amended (50 U.S.C. 2407(a))
> prohibits a United States person from taking; or,
>
> \(2\) Discriminating in the award of subcontracts on the basis of
> religion.

K.11 [DEFENSE BASE INSURANCE -- COVERED CONTRACTOR
EMPLOYEES]{.underline}

\(a\) Bidders/Offerors shall indicate below whether or not any of the
following categories of employees will be employed on the resultant
contract, and, if so, the number of such employees:

+---------------------------------------------+--------+--------------+
| **Category**                                | **Ye   | **Number**   |
|                                             | s/No** |              |
+---------------------------------------------+--------+--------------+
| \(1\) United States citizens or residents   |        |              |
+---------------------------------------------+--------+--------------+
| \(2\) Individuals hired in the United       |        |              |
| States, regardless of citizenship           |        |              |
+---------------------------------------------+--------+--------------+
| \(3\) Local nationals or third country      |        | Local        |
| nationals where contract performance takes  |        | nationals:   |
| place in a country [where there are         |        |              |
| no]{.underline} local workers' compensation |        | \_\_         |
| laws                                        |        | \_\_\_\_\_\_ |
|                                             |        | \_\_\_\_\_\_ |
|                                             |        |              |
|                                             |        | Third        |
|                                             |        | Country      |
|                                             |        | Nationals:   |
|                                             |        | \_           |
|                                             |        | \_\_\_\_\_\_ |
|                                             |        | \_\_\_\_\_\_ |
+---------------------------------------------+--------+--------------+
| \(4\) Local nationals or third country      |        | Local        |
| nationals where contract performance takes  |        | nationals:   |
| place in a country where there              |        |              |
| [are]{.underline} local workers'            |        | \_\_         |
| compensation laws                           |        | \_\_\_\_\_\_ |
|                                             |        | \_\_\_\_\_\_ |
|                                             |        |              |
|                                             |        | Third        |
|                                             |        | Country      |
|                                             |        | Nationals:   |
|                                             |        | \_           |
|                                             |        | \_\_\_\_\_\_ |
|                                             |        | \_\_\_\_\_\_ |
+---------------------------------------------+--------+--------------+

\(b\) If the bidder/offeror has indicated "yes" in block (a)(4) of this
provision, the bidder/offeror shall submit, as part of its offer, a
statement that indicates that such local nationals and/or third country
nationals will be provided workers' compensation coverage against the
risk of work injury or death under a local workers' compensation law.
For those employees, the bidder/offeror shall also assume liability
toward the employees and their beneficiaries for war-hazard injury,
death, capture, or detention, in accordance with the clause at FAR
52.228-4.

\(c\) If the bidder/offeror has indicated "yes" in blocks (a)(1), (2),
or (3) of this provision, the bidder/offeror shall compute Defense Base
Act insurance costs covering those employees pursuant to the terms of
the contract between the Department of State and the Department's
Defense Base Act insurance carrier at the rates specified in DOSAR
652.228-74. If DOSAR provision 652.228-74 is not included in this
solicitation, the bidder/offeror shall notify the contracting officer
before the closing date so that the solicitation can be amended
accordingly.

**SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO**

**OFFERORS OR QUOTERS**

L.1 [52.252‑1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)]{.underline}

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

http://www.arnet.gov/far/ or, <http://farsite.hill.af.mil/search.htm>

These addresses are subject to change. If the Federal Acquisition
Regulation (FAR) is not available at the locations indicated above, use
of an Internet \"search engine\" (such as, Yahoo, Infoseek, Alta Vista,
etc.) is suggested to obtain the latest location of the most current
FAR.

[http://www.statebuy.state.gov/](http://www.statebuy.gov/home.htm)

[FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)]{.underline}

  ----------- ---------------------------------------------- -------------
  52.214-34   SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE   APR 1991

  52.215-1    INSTRUCTIONS TO OFFERORS -- COMPETITIVE        JAN 2004
              ACQUISITION                                    

  52.236-28   PREPARATION OF PROPOSALS -- CONSTRUCTION       OCT 1997
  ----------- ---------------------------------------------- -------------

L.2 [SOLICITATION PROVISIONS IN FULL TEXT]{.underline}

[52.216-1 TYPE OF CONTRACT (APR 1984)]{.underline}

The Government contemplates award of a firm fixed price contract
resulting from this solicitation.

[52.232-2 SERVICE OF PROTEST (AUG 1996)]{.underline}

\(a\) Protests, as defined in section 33.101 of the Federal Acquisition
Regulation, that are filed directly with an agency, and copies of any
protests that are filed with the General Accounting Office (GAO), shall
be served on the Contracting Officer (addressed as follows) by obtaining
written and dated acknowledgment of receipt from An T. Le, Management
Counselor, American Embassy, #32, Sejongno Jongno-ku, Seoul, 110-710,
Korea***.***

\(b\) The copy of any protest shall be received in the office designated
above within one day of filing a protest with the GAO.

L.3 [QUALIFICATIONS OF OFFERORS]{.underline}

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

\(1\) Be able to understand written and spoken English;

\(2\) Have an established business with a permanent address and
telephone listing;

\(3\) Be able to demonstrate prior construction experience with suitable
references;

\(4\) Have the necessary personnel, equipment and financial resources
available to perform the work;

\(5\) Have all licenses and permits required by local law;

\(6\) Meet all local insurance requirements;

\(7\) Have the ability 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;

\(8\) Have no adverse criminal record; and

\(9\) Have no political or business affiliation which could be
considered contrary to the interests of the United States.

L.4 [REVIEW OF DOCUMENTS]{.underline}

Each Offeror is responsible for:

\(1\) Obtaining a complete set of contract drawings and specifications;

\(2\) Thoroughly reviewing such documents and understanding their
requirements;

\(3\) Visiting the project site and becoming familiar with all working
conditions, local laws and regulations; and

\(4\) Determining that all materials, equipment and labor required for
the work are available.

Any ambiguity in the solicitation, including specifications and contract
drawings, must be reported immediately to the Contracting Officer. Any
prospective Offeror who requires a clarification, explanation or
interpretation of the contract requirements must make a request to the
Contracting Officer not less than five working days before the closing
date of the solicitation. Offerors may rely ONLY upon written
interpretations by the Contracting Officer.

L.5 [SUBMISSION OF OFFERS]{.underline}

L.5.1 [SUMMARY OF INSTRUCTIONS]{.underline}

Each offer shall consist of the following physically separate volumes:

  ------------ ------------------------------------------- ---------------
  **Volume**   **Title**                                   **No. of
                                                           Copies\***

  I            Executed Standard Form 1442, *Solicitation, 2
               Offer and Award (Construction, Alteration,  
               or Repair)*, and completed Section K        

  II           Price Proposal and Completed Section B. The 2
               price proposal shall include a completed    
               Section J, Attachment 2, "Breakdown of      
               Proposal Price by Divisions of              
               Specifications".                            

  III          Performance schedule in the form of a "bar  2
               chart" and Business Management/Technical    
               Proposal.                                   
  ------------ ------------------------------------------- ---------------

Submit the complete offer to the address indicated at Block 7 of
Standard Form (SF) 1442, if mailed, or the address set forth below, if
hand delivered (if this is left blank, the address is the same as that
in Block 7 of SF 1442).

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

The offeror shall identify and explain/justify any deviations,
exceptions, or conditional assumptions taken with respect to any of the
instructions or requirements of this solicitation in the appropriate
volume of the offer.

\* include the original as one of the copies.

L.5.2 [DETAILED INSTRUCTIONS]{.underline}

L.5.2.1 Volume I: Standard Form (SF) 1442 and Section K. Complete blocks
14 through 20C of the SF 1442 and all of Section K.

L.5.2.2 Volume II: Price proposal and Section B. The price proposal
shall consist of completion of Section B and Section J, Attachment 2,
\"BREAKDOWN OF PROPOSAL PRICE

BY DIVISIONS OF SPECIFICATIONS. Complete all applicable portions of this
form in each relevant category (such as., labor, materials, etc.).

L.5.2.3 Volume III: Performance schedule and Business
Management/Technical Proposal.

\(a\) Present the performance schedule in the form of a \"bar chart\"
indicating when the various portions of the work will be commenced and
completed within the required contract completion schedule. This bar
chart shall be in sufficient detail to clearly show each segregable
portion of work and its planned commencement and completion date.

\(b\) The Business Management/Technical Proposal shall be in two parts,
including the following information:

[PROPOSED WORK INFORMATION]{.underline} - Provide the following:

\(1\) A list of the names, addresses and telephone numbers of the
owners, partners, and principal officers of the Offeror;

\(2\) The name and address of the Offeror\'s field superintendent for
this project; and

\(3\) A list of the names, addresses, and telephone numbers of
subcontractors and principal materials suppliers to be used on the
project, indicating what portions of the work will be performed by them.

[EXPERIENCE AND PAST PERFORMANCE]{.underline} - List all contracts and
subcontracts your company has held over the past three years for the
same or similar work. Provide the following information for each
contract and subcontract:

\(1\) Customer\'s name, address, and telephone numbers of customer\'s
lead contract and technical personnel;

\(2\) Contract number and type;

\(3\) Date of the contract award place(s) of performance, and completion
dates;

\(4\) Contract dollar value;

\(5\) Brief description of the work, including responsibilities;

\(6\) Comparability to the work under this solicitation;

\(7\) Brief discussion of any major technical problems and their
resolution;

\(8\) Method of acquisition (fully competitive, partially competitive,
or noncompetitive), and the basis for award (cost/price, technical
merit, etc.);

\(9\) Cost/price management history, including any cost overruns and
under runs, and cost growth and changes;

\(10\) Percent turnover of contract key technical personnel per year;
and

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

> .

(12) Identify any accidents or safety concerns that occurred and
     resolution.

L.6 [52.236-27 SITE VISIT (FEB 1995)]{.underline}

\(a\) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3,
Site Investigations and Conditions Affecting the Work, will be included
in any contract awarded as a result of this solicitation. Accordingly,
offerors or quoters are urged and expected to inspect the site where the
work will be performed.

\(b\) A site visit has been scheduled right after the pre-proposal
conference at **14:00 p.m., May 3, 2007.**

\(c\) Participants will meet at the GSO Conference, American Embassy,
Seoul

L.7 [652.206-70 COMPETITION ADVOCATE/OMBUDSMAN (AUG 1999)]{.underline}

\(a\) The Department of State\'s Competition Advocate is responsible for
assisting industry in removing restrictive requirements from Department
of State solicitations and removing barriers to full and open
competition and use of commercial items. If such a solicitation is
considered competitively restrictive or does not appear properly
conducive to competition and commercial practices, potential offerors
are encouraged to first contact the contracting officer for the
respective solicitation. If concerns remain unresolved, contact the
Department of State Competition Advocate on (703) 516-1680, by fax at
(703) 875-6155, or write to: Department of State, Competition Advocate,
Office of the Procurement Executive (A/OPE), Suite 603, SA-6,
Washington, DC 20522-0602.

\(b\) The Department of State\'s Acquisition Ombudsman has been
appointed to hear concerns from potential offerors and contractors
during the preaward and postaward phases of this acquisition. The role
of the ombudsman is not to diminish the authority of the contracting
officer, the Technical Evaluation Panel or Source Evaluation Board, or
the selection official. The purpose of the ombudsman is to facilitate
the communication of concerns, issues, disagreements, and
recommendations of interested parties to the appropriate Government
personnel, and work to resolve them. When requested and appropriate, the
ombudsman will maintain strict confidentiality as to the source of the
concern. The ombudsman does not participate in the evaluation of
proposals, the source selection process, or the adjudication of formal
contract disputes. Interested parties are invited to contact the
contracting activity ombudsman, **An T. Le, Management Counselor at
02-397-4126 (Tel) or 02-397-4392 (fax).** For an American Embassy or
overseas post, refer to the numbers below for the Department Acquisition
Ombudsman. Concerns, issues, disagreements, and recommendations which
cannot be resolved at a contracting activity level may be referred to
the Department of

State Acquisition Ombudsman at (703) 516-1680, by fax at (703) 875-6155,
or write to: Department of State, Acquisition Ombudsman, Office of the
Procurement Executive (A/OPE), Suite 603, SA-6, Washington, DC
20522-0602.

L.8 [MAGNITUDE OF CONSTRUCTION PROJECT]{.underline}

It is anticipated that the range in price of this contract will be:
between \$100,000 and \$250,000.

######### L.9 FINANCIAL STATEMENT

If asked by the Contracting Officer, the offeror shall provide a current
statement of its financial condition, certified by a third party, that
includes:

[Income (profit-loss) Statement]{.underline} that shows profitability
for the past ***two (2)*** years;

[Balance Sheet]{.underline} that shows the assets owned and the claims
against those assets, or what a firm owns and what it owes; and

[Cash Flow Statement]{.underline} that shows the firm's sources and uses
of cash during the most recent accounting period. This will help the
Government assess a firm's ability to pay its obligations.

The Government will use this information to determine the offeror's
financial responsibility and ability to perform under the contract.
Failure of an offeror to comply with a request for this information may
cause the Government to determine the offeror to be nonresponsible.

**SECTION M - EVALUATION FACTORS FOR AWARD**

M.1 [EVALUATION OF PROPOSALS]{.underline}

M.1.1. [GENERAL]{.underline}. To be acceptable and eligible for
evaluation, proposals must be prepared in accordance with Section L ‑
INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS, and must meet all the
requirements set forth in the other sections of this solicitation.

M.1.2 [BASIS FOR AWARD]{.underline}.

The Government intends to award a contract resulting from this
solicitation to the lowest priced, technically acceptable offeror who is
a responsible contractor. The evaluation procedures are set forth below:

\(a\) [INITIAL EVALUATION]{.underline}. The Government will evaluate all
proposals received to ensure that

each proposal is complete in terms of submission of each required
volume, as specified in Section L. The Government may reject proposals
which are missing a significant amount of the required information.

\(b\) [TECHNICAL EVALUATION]{.underline}. After the Initial Evaluation,
the Government will review those proposals remaining for consideration
to determine technical acceptability. The Government will consider the
following evaluation criteria in determining the acceptability of the
technical proposal. To be considered technically acceptable, the
technical proposal must provide the information requested in Section L
and conform to the requirements of the solicitation.

-   The Proposed Work Information described in L.5.2.3 (b).

-   The qualifications and experience of the offeror's proposed project
    superintendent and subcontractors.

-   Experience and Past Performance (L.5.2.3. (b)). The Government may
    contact references to verify the quality of the past performance.

-   The performance schedule (bar chart) (Section L.5.2.3.).

-   Responses to all other technical requirements contained in the
    solicitation.

\(c\) The Government will make a responsibility determination by
analyzing whether the apparent successful offeror complies with the
requirements of FAR 9.1, including:

Adequate financial resources or the ability to obtain them;

-   ability to comply with the required performance period, taking into
    consideration all existing commercial and governmental business
    commitments;

-   satisfactory record of integrity and business ethics;

-   necessary organization, experience, and skills or the ability to
    obtain them;

-   necessary equipment and facilities or the ability to obtain them;
    and

-   be otherwise qualified and eligible to receive an award under
    applicable laws and regulations.

The Government reserves the right to reject proposals that are
unreasonably low or high in price. Unsuccessful offerors will be
notified in accordance with FAR 15.5.

M.1.3 [AWARD SELECTION]{.underline}

The Government will review the prices of all technically acceptable
firms and award the contract to the lowest priced, technically
acceptable, responsible offeror.

M.2 [AWARD WITHOUT DISCUSSIONS]{.underline}

Under FAR provision 52.215-1 (included in Section L of this RFP), award
of this contract may be made based on initial proposals and without
holding discussions, following FAR 15.306(a)(3).

M.3 [52.225-17 EVALUATION OF FOREIGN CURRENCY OFFERS (FEB
2000):]{.underline}

> RESERVED

######### M.4 SEPARATE CHARGES

Separate charges, in any form, are not solicited. For example, any
charges for failure to exercise an option are unacceptable.