<table>
<colgroup>
<col style="width: 23%" />
<col style="width: 5%" />
<col style="width: 4%" />
<col style="width: 16%" />
<col style="width: 1%" />
<col style="width: 2%" />
<col style="width: 12%" />
<col style="width: 3%" />
<col style="width: 3%" />
<col style="width: 13%" />
<col style="width: 13%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="2"><p><strong>SOLICITATION, OFFER,</strong></p>
<p><strong>AND AWARD</strong></p>
<p><em>(Construction, Alteration, or Repair)</em></p></td>
<td colspan="3"><p>1. SOLICITATION NO.</p>
<p><strong>S-IZ100-08-R-0574</strong></p></td>
<td colspan="4"><p>2. TYPE OF SOLICITATION</p>
<p> SEALED BID (IFB)</p>
<p> NEGOTIATED (RFP)</p></td>
<td>3. DATE ISSUED</td>
<td><p>PAGE OF PAGES</p>
<blockquote>
<p>1 51</p>
</blockquote></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">4. CONTRACT NO.</td>
<td colspan="4">5. REQUISITION/PURCHASE REQUEST NO.</td>
<td colspan="4">6. PROJECT NO.</td>
</tr>
<tr class="even">
<td colspan="3">7. ISSUED BY CODE</td>
<td></td>
<td colspan="7">8. ADDRESS OFFER TO</td>
</tr>
<tr class="odd">
<td colspan="4"><p><strong>U.S. Embassy Baghdad</strong></p>
<p><strong>Presidential Palace – Rm M-106</strong></p>
<p><strong>Baghdad, Iraq</strong></p></td>
<td colspan="7">See Item 7</td>
</tr>
<tr class="even">
<td><p>9. FOR INFORMATION</p>
<p>CALL:</p></td>
<td colspan="5"><p>A. NAME</p>
<p><strong>Dwight A. Samuels</strong></p></td>
<td colspan="5"><p>B. TELEPHONE NO. <em>(Include area code) <strong>(NO
COLLECT CALLS</strong></em>)</p>
<p><strong>0790-158-6330</strong></p></td>
</tr>
<tr class="odd">
<td colspan="11"><strong>SOLICITATION</strong></td>
</tr>
<tr class="even">
<td colspan="11">NOTE: In sealed bid solicitations “offer” and “offeror”
mean “bid” and “bidder.”</td>
</tr>
<tr class="odd">
<td colspan="11"><p>10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK
DESCRIBED IN THESE DOCUMENTS <em>(Title, identifying no.,
date):</em></p>
<p>Construction of a Car Wash Station, New Embassy Compound (NEC)
Baghdad, Iraq.</p>
<p><mark></mark></p>
<p>Section A - SF-1442, Solicitation, Offer and Award</p>
<p>Section B - Supplies or Services and Prices/Costs</p>
<p>Section C - Description/Specs/Work Statement</p>
<p>Section D - Packaging and Marking</p>
<p>Section E - Inspection and Acceptance</p>
<p>Section F - Deliveries or Performance</p>
<p>Section G - Contract Administration Data</p>
<p>Section H - Special Contract Requirements</p>
<p>Section I - Contract Clauses</p>
<p>Section J - List of Attachments</p>
<p>Section K - Representations and Certifications</p>
<p>Section L - Instructions, Conditions and Notices to Offerors</p>
<p>Section M - Evaluation Factors for Award</p></td>
</tr>
<tr class="even">
<td colspan="11"><p>11. The Contractor shall begin performance within
_14_ calendar days and complete it within _30_ calendar days after
receiving</p>
<p> Award, notice to proceed. This performance period is mandatory,
negotiable. <em>(See _______________.)</em></p></td>
</tr>
<tr class="odd">
<td colspan="8"><p>12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED
PERFORMANCE AND PAYMENT BONDS?</p>
<blockquote>
<p><em>(If “YES,” indicate within how many calendar days after award in
Item 12B.</em></p>
<p> YES  NO</p>
</blockquote></td>
<td colspan="3"><p>12B. CALENDAR DAYS</p>
<blockquote>
<p>See Section E, Deliverables</p>
</blockquote></td>
</tr>
<tr class="even">
<td colspan="11"><p>13. ADDITIONAL SOLICITATION REQUIREMENTS:</p>
<p>A. Sealed offers in original and _1_ copies to perform the work
required are due at the place specified in Item 8 by <strong>17:00 local
time on September 30, 2008</strong>. 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.</p>
<p>B. An offer guarantee is,  is not required.</p>
<p>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 referenced. Offers providing less than _<strong>90</strong>__
calendar days for Government acceptance after the date offers are due
will not be considered and will be rejected.</p></td>
</tr>
</tbody>
</table>

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

Computer Generated Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

<table style="width:100%;">
<colgroup>
<col style="width: 17%" />
<col style="width: 8%" />
<col style="width: 8%" />
<col style="width: 1%" />
<col style="width: 6%" />
<col style="width: 7%" />
<col style="width: 0%" />
<col style="width: 0%" />
<col style="width: 8%" />
<col style="width: 8%" />
<col style="width: 8%" />
<col style="width: 8%" />
<col style="width: 8%" />
<col style="width: 8%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="14"><strong>OFFER</strong> <em>(Must be fully completed by
offeror)</em></td>
</tr>
<tr class="even">
<td colspan="7"></td>
<td colspan="7">15. TELEPHONE NO. <em>(Include area code)</em></td>
</tr>
<tr class="odd">
<td colspan="7"></td>
<td colspan="7">16. REMITTANCE ADDRESS <em>(Include only if different
than Item 14)</em></td>
</tr>
<tr class="even">
<td colspan="7">CODE FACILITY CODE</td>
<td colspan="7"></td>
</tr>
<tr class="odd">
<td colspan="14"><p>17.17. 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 _60__
calendar days after the date offers are due. <em>(Insert any number
equal to or greater than the minimum requirement stated in Item 13D.
Failure to insert any number means the offeror accepts the minimum in
Item 13D.</em></p>
<p>A AMOUNTS</p></td>
</tr>
<tr class="even">
<td colspan="14">1818. The offeror agrees to furnish any required
performance and payment bonds.</td>
</tr>
<tr class="odd">
<td colspan="14"><p>19. ACKNOWLEDGMENT OF AMENDMENTS</p>
<p><em>The offeror acknowledges receipt of amendments to the
solicitation -- give number and date of each</em></p></td>
</tr>
<tr class="even">
<td>A AMENDMENT NO.</td>
<td></td>
<td></td>
<td colspan="2"></td>
<td></td>
<td colspan="3"></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td>DADATE</td>
<td></td>
<td></td>
<td colspan="2"></td>
<td></td>
<td colspan="3"></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="even">
<td colspan="6">20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER
<em>(Type or print)</em></td>
<td colspan="6">20 B. SIGNATURE</td>
<td colspan="2">20 C. OFFER DATE</td>
</tr>
<tr class="odd">
<td colspan="14"><strong>AWARD</strong> <em>(To be completed by
Government)</em></td>
</tr>
<tr class="even">
<td colspan="14">21.21. ITEMS ACCEPTED:</td>
</tr>
<tr class="odd">
<td colspan="3">22.22. AMOUNT</td>
<td colspan="11">23.23. ACCOUNTING AND APPROPRIATION DATA</td>
</tr>
<tr class="even">
<td colspan="4"><p>24. SUBMIT INVOICES TO ADDRESS SHOWN IN</p>
<p><em>(4 copies unless otherwise specified)</em></p></td>
<td colspan="4"><p>ITEM</p>
<p>G.3</p></td>
<td colspan="6"><p>25.25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT
TO</p>
<p> 10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )</p></td>
</tr>
<tr class="odd">
<td colspan="3">26.26. ADMINISTERED BY CODE</td>
<td colspan="4"></td>
<td colspan="7"><ol start="27" type="1">
<li><p>PAYMENT WILL BE MADE BY</p></li>
</ol></td>
</tr>
<tr class="even">
<td colspan="3"></td>
<td colspan="4"></td>
<td colspan="7"></td>
</tr>
<tr class="odd">
<td colspan="14"><strong>CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29
AS APPLICABLE</strong></td>
</tr>
<tr class="even">
<td colspan="7"><blockquote>
<p> 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.</p>
</blockquote></td>
<td colspan="7"><blockquote>
<p>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.</p>
</blockquote></td>
</tr>
<tr class="odd">
<td colspan="7">30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED
TO SIGN <em>(Type or print)</em></td>
<td colspan="7">3131.A. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)</td>
</tr>
<tr class="even">
<td colspan="3">30B. SIGNATURE</td>
<td colspan="4">30C. DATE</td>
<td colspan="5"><p>31B. UNITED STATES OF AMERICA</p>
<p>BY</p></td>
<td colspan="2">31C. AWARD DATE</td>
</tr>
</tbody>
</table>

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

**SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS**

A.  **PRICE**

The contractor shall complete all work, including furnishing all labor,
material, equipment and services required under this purchase order for
the following firm fixed price and within the time specified. This price
shall include all labor, materials, overhead and profit.

USD **[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}** Total
Price

**B. SCOPE OF WORK\
**

The character and scope of the work are set forth in the contract. The
Contractor shall furnish and install all materials required by this
contract.

In case of differences between small and large-scale drawings, the
latter will govern. Where a portion of the work is drawn in detail and
the remainder of the work is indicated in outline, the parts drawn in
detail shall apply also to all other portions of the work.

**C. PACKAGING AND MARKING\
**

Mark materials delivered to the site as follows:

**U. S. Embassy**

**New Embassy Compound**

**GSO Warehouse S-IZ100-8-R-0574**

**Al Kindi Street**

**International Zone**

**Baghdad, Iraq**

**D. INSPECTION AND ACCEPTANCE\
**

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.

[Substantial Completion]{.underline}: Definitions

\(a\) \"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.

Use and Possession upon Substantial Completion

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 will 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.

[Final Completion and Acceptance]{.underline}: Definitions

\(a\) \"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.

Final Inspection and Tests

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.

Final Acceptance

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:

-Satisfactory completion of all required tests,

-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

-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).

**E - DELIVERIES OR PERFORMANCE**

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

The Contractor shall be required to:

(a) commence work under this contract within 14 calendar days after the
    date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and,

(c) complete the entire work ready for use not later than 30 calendar
    days after Notice To Proceed**.**

The time stated for completion shall include final cleanup of the
premises and completion of punch list items.

[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 \$150.00 for each
calendar 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.

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

\(a\) The time for submission of the schedules referenced in FAR
52.236-15, \"Schedules for Construction Contracts\", paragraph (a), is
hereby modified to reflect the due date for submission as "10 calendar
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 deliverables 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 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.

\(e\) Acceptance of Schedule: 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.

[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 such notice promptly, 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.

[Notice to Proceed]{.underline}

\(a\) After receiving and accepting any bonds or evidence of insurance,
the Contracting Officer will provide the Contractor a Notice to Proceed.
The Contractor must 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.

[Working Hours]{.underline}

All work shall be performed during regular working hours, 0800 through
1700, Sunday through Thursday. Other hours, if requested by the
Contractor, may be approved by the Contracting Officer\'s Representative
(COR). The Contractor shall give 24 hours in advance to COR who will
consider any deviation from the hours identified above. Changes in work
hours, initiated by the Contractor, will not be a cause for a price
increase.

[Preconstruction Conference]{.underline}

A preconstruction conference will be held 10 days after contract award
at U. S. Embassy, Presidential Palace, International Zone, Baghdad, to
discuss the schedule, submittals, notice to proceed, mobilization and
other important issues that effect construction progress. See FAR
52.236-26, Preconstruction Conference.

[Deliverables]{.underline}

The following items shall be delivered under this contract:

  ------------------------------ -------------- -------------------- -----------
  **Description**                **Quantity**   **Delivery Date**    **Deliver
                                                                     To:**

  Section G,                     1              10 days after award  CO
  Securities/Insurance                                               

  Section E, Construction        1              10 days after award  COR
  Schedule                                                           

  Section E, Preconstruction     1              10 days after award  COR
  Conference                                                         

  Section G. Personnel           1              10 days after award  COR
  Biographies                                                        

  Section F. Payment Request     1              Last day of each     COR
                                                month                

  Section D. Request for         1              15 days before       COR
  Substantial Completion                        inspection           

  Section D Request for Final    1              5 days before        COR
  Acceptance                                    inspection           
  ------------------------------ -------------- -------------------- -----------

**F ADMINISTRATIVE DATA**

[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 Deputy Facilities Manager***.***

[Payment]{.underline}: The Contractor\'s attention is directed to
Section H, 52.232-5, \"Payments Under Fixed-Price Construction
Contracts\". The following elaborates on the information contained in
that clause.

Requests for payment, may be made no more frequently than monthly.
Payment requests shall cover the value of labor and materials completed
and in place, including a prorated portion of overhead and profit.

After 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, which is then due. If the Contracting
Officer does not approve payment of the full amount applied for, less
the retainage allowed by in 52.232-5, the Contracting Officer shall
advise the Contractor as to the reasons.

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.

**G. SPECIAL REQUIREMENTS\
**

[Performance/Payment Protection]{.underline}

The Contractor shall furnish some form of payment protection as
described in 52.228-13 in the amount of 50% of the contract price in the
form of a Letter of Credit or Bank Guarantee.

The Contractor shall provide the information required by the paragraph
above within ten (10) calendar days after award. Failure to timely
submit the required security 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), which is included in this purchase
order.

The bonds or alternate performance security shall guarantee the
Contractor\'s execution and completion of the work within the contract
time. This security shall also guarantee the correction of any defects
after completion, 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.

The required 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 shall be
reduced to 10% of the contract price. The 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.

[Insurance]{.underline}

The Contractor is required by FAR 52.228-5, \"Insurance - Work on a
Government Installation\" 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 stated in US Dollars:
>
> Per Occurrence 5,000
>
> Cumulative 25,000
>
> 2\. Property Damage stated in US Dollars:
>
> Per Occurrence 10,000
>
> Cumulative 50,000

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 an 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.

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.

[Document Descriptions\
]{.underline}

Supplemental Documents: 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 prompt objection is made by the
Contractor within 20 days, their issuance shall not provide for any
claim for an increase in the Contract price or an extension of contract
time.

Record Documents. The Contractor shall maintain at the project site:

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

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

\"As-Built\" Documents: After final completion of the work, but before
final acceptance thereof, the Contractor shall provide:

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

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

[Laws and Regulations]{.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.

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.

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.

The Contractor shall submit proper documentation and evidence
satisfactory to the Contracting Officer of compliance with this clause.

[Construction 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 employed at the site. The
contractor shall ensure the preservation of peace and protection of
persons and property in the neighborhood of the project against such
action. 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.

If the Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this
contract, the Contractor shall immediately give notice, including all
relevant information, to the Contracting Officer.

After award, the Contractor has ten calendar days to submit to the
Contracting Officer a list of workers and supervisors assigned to this
project for the Government to conduct all necessary security checks. It
is anticipated that security checks will take up to 90 days to perform.
For each individual the list shall include:

Full Name and

Place and Date of Birth

Current Address

Identification number (IZ, JENSYA or passport number)

License-plate number, make, model and color of vehicles entering the
compound.

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 a badge will be provided to the individual for access to the
site. This badge may be revoked at any time due to the falsification of
data, or misconduct on site.

The Contractor shall provide an English speaking supervisor on site at
all times. This position is considered as key personnel under this
purchase order.

[Materials and Equipment]{.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 by the Contracting Officer.

[Special Warranties]{.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 are not in conflict.

The Contractor shall obtain and furnish to the Government all
information required to make any subcontractor\'s, manufacturer\'s, 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.

[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;
provided, that the Contractor gives the Contracting Officer prompt
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.

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

[Zoning Approvals and Permits]{.underline}

The Government shall be 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 for the foregoing; and,

-   for obtaining and paying for the initial building permits.

**H. CLAUSES**

52.252‑2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the
same force and effect as if they were given in full text. Upon request,
the Contracting Officer will make their full text available. Also, the
full text of a clause may be accessed electronically at this/these
address(es):

http://acquisition.gov/far/index.html 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
to see the links to the FAR. You may also use an Internet "search
engine" (e.g., Yahoo, Excite, Alta Vista, etc.) to obtain the latest
location of the most current FAR.

FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)

[Clause]{.underline} [Title and Date\
]{.underline}

52.204-9 Personal Identification Verification Of Contractor Personnel
(JAN 2006)

52.209-6 Protecting the Government\'s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment

(SEP 2006)

52.213-4 Terms and Conditions-Simplified Acquisitions (Other than
Commercial

Items) (FEB 2008)

1.  Notice to the Government of Labor Disputes (FEB 1997)

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19. Child Labor -- Cooperation with Authorities and Remedies (MAY 2008)

52.222-50 Combating Trafficking In Persons (APR 2006)

10. Notice of Buy American Act/Balance of Payments Program---

Construction Materials (FEB 2000)

52.225-13 Restrictions on Certain Foreign Purchases (FEB 2006)

52.225-14 Inconsistency Between English Version and Translation of

Contract (AUG 1989)

52.228-5 Insurance - Work on a Government Installation (JAN 1997)

52.228-11 Pledges of Assets (FEB 1990)

52.228-13 Alternative Payment Protection (JUL 2000)

52.229-6 Taxes - Foreign Fixed-Price Contracts (JUN 2003)

52.232-5 Payments under Fixed-Price Construction Contracts (SEP 2002)

52.232-8 Discounts for Prompt Payment (FEB 2002)

52.232-11 Extras (APR 1984)

52.232-18 Availability of Funds (APR 1984)

52.232-24 Prohibition of Assignment of Claims (JAN 1986)

52.232-27 Prompt Payment for Construction Contracts (SEP 2005)

52.232-34 Payment by Electronic Funds Transfer -- Other than Central
Contractor Registration (MAY 1999)

52.233-1 Disputes (JUL 2002) Alternate I (DEC 1991)

52.233-3 Protest after Award (AUG 1996)

52.236-2 Differing Site Conditions (APR 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984)

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, Structures,

Equipment, Utilities, and Improvements (APR 1984)

52.236-10 Operations and Storage Areas (APR 1984)

52.236-11 Use and Possession Prior to Completion (APR 1984)

52.236-12 Cleaning Up (APR 1984)

52.236-14 Availability and Use of Utility Services (APR 1984)

52.236-15 Schedules for Construction Contracts (APR 1984)

52.236-21 Specifications and Drawings for Construction (FEB 1997)

52.236-26 Preconstruction Conference (FEB 1995)

52.242-14 Suspension Of Work (APR 1984)

52.243-4 Changes (JUNE 2007)

52.243-5 Changes and Changed Conditions (APR 1984)

52.244-6 Subcontracts for Commercial Items (MAR 2007)

52.245-9 Use & Charges (JUNE 2007)

52.246-12 Inspection of Construction (AUG 1996)

52.246-21 Warranty of Construction (APR 1984)

2.  Termination for Convenience of the Government (Fixed-Price)

(MAY 2004) Alternate I (APR 1984)

52.249-14 Excusable Delay (APR 1984)

10. Default (Fixed-Price Construction) (APR 1984)

The following clauses are provided in full text:

[52.225-19 CONTRACTOR PERSONNEL IN A DESIGNATED OPERATIONAL AREA OR
SUPPORTING A DIPLOMATIC OR CONSULAR MISSION OUTSIDE THE UNITED STATES
(MAR 2008)]{.underline}

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

"Chief of Mission" means the principal officer in charge of a diplomatic
mission of the United States or of a United States office abroad which
is designated by the Secretary of State as diplomatic in nature,
including any individual assigned under section 502(c) of the Foreign
Service Act of 1980 (Public Law 96-465) to be temporarily in charge of
such a mission or office.

"Combatant commander" means the commander of a unified or specified
combatant command established in accordance with 10 U.S.C. 161.

"Designated operational area" means a geographic area designated by the
combatant commander or subordinate joint force commander for the conduct
or support of specified military operations.

"Supporting a diplomatic or consular mission" means performing outside
the United States under a contract administered by Federal agency
personnel who are subject to the direction of a chief of mission.

\(b\) General.

> \(1\) This clause applies when Contractor personnel are required to
> perform outside the United States---
>
> \(i\) In a designated operational area during---
>
> \(A\) Contingency operations;
>
> \(B\) Humanitarian or peacekeeping operations; or
>
> \(C\) Other military operations; or military exercises, when
> designated by the Combatant Commander; or
>
> \(ii\) When supporting a diplomatic or consular mission---
>
> \(A\) That has been designated by the Department of State as a danger
> pay post (see http://aoprals.state.gov/Web920/danger_pay_all.asp); or
>
> \(B\) That the Contracting Officer has indicated is subject to this
> clause.
>
> \(2\) Contract performance may require work in dangerous or austere
> conditions. Except as otherwise provided in the contract, the
> Contractor accepts the risks associated with required contract
> performance in such operations.
>
> \(3\) Contractor personnel are civilians.
>
> \(i\) Except as provided in paragraph (b)(3)(ii) of this clause, and
> in accordance with paragraph (i)(3) of this clause, Contractor
> personnel are only authorized to use deadly force in self-defense.
>
> \(ii\) Contractor personnel performing security functions are also
> authorized to use deadly force when use of such force reasonably
> appears necessary to execute their security mission to protect
> assets/persons, consistent with the terms and conditions contained in
> the contract or with their job description and terms of employment.
>
> \(4\) Service performed by Contractor personnel subject to this clause
> is not active duty or service under 38 U.S.C. 106 note.

\(c\) Support. Unless specified elsewhere in the contract, the
Contractor is responsible for all logistical and security support
required for Contractor personnel engaged in this contract.

\(d\) Compliance with laws and regulations. The Contractor shall comply
with, and shall ensure that its personnel in the designated operational
area or supporting the diplomatic or consular mission are familiar with
and comply with, all applicable---

> \(1\) United States, host country, and third country national laws;
>
> \(2\) Treaties and international agreements;
>
> \(3\) United States regulations, directives, instructions, policies,
> and procedures; and
>
> \(4\) Force protection, security, health, or safety orders,
> directives, and instructions issued by the Chief of Mission or the
> Combatant Commander; however, only the Contracting Officer is
> authorized to modify the terms and conditions of the contract.

\(e\) Preliminary personnel requirements.

> \(1\) Specific requirements for paragraphs (e)(2)(i) through
> (e)(2)(vi) of this clause will be set forth in the statement of work,
> or elsewhere in the contract.
>
> \(2\) Before Contractor personnel depart from the United States or a
> third country, and before Contractor personnel residing in the host
> country begin contract performance in the designated operational area
> or supporting the diplomatic or consular mission, the Contractor shall
> ensure the following:
>
> \(i\) All required security and background checks are complete and
> acceptable.
>
> \(ii\) All personnel are medically and physically fit and have
> received all required vaccinations.
>
> \(iii\) All personnel have all necessary passports, visas, entry
> permits, and other documents required for Contractor personnel to
> enter and exit the foreign country, including those required for
> in-transit countries.
>
> \(iv\) All personnel have received---
>
> \(A\) A country clearance or special area clearance, if required by
> the chief of mission; and
>
> \(B\) Theater clearance, if required by the Combatant Commander.
>
> \(v\) All personnel have received personal security training. The
> training must at a minimum---
>
> \(A\) Cover safety and security issues facing employees overseas;
>
> \(B\) Identify safety and security contingency planning activities;
> and
>
> \(C\) Identify ways to utilize safety and security personnel and other
> resources appropriately.
>
> \(vi\) All personnel have received isolated personnel training, if
> specified in the contract. Isolated personnel are military or civilian
> personnel separated from their unit or organization in an environment
> requiring them to survive, evade, or escape while awaiting rescue or
> recovery.
>
> \(vii\) All personnel who are U.S. citizens are registered with the
> U.S. Embassy or Consulate with jurisdiction over the area of
> operations on-line at http://www.travel.state.gov.
>
> \(3\) The Contractor shall notify all personnel who are not a host
> country national or ordinarily resident in the host country that---
>
> \(i\) If this contract is with the Department of Defense, or the
> contract relates to supporting the mission of the Department of
> Defense outside the United States, such employees, and dependents
> residing with such employees, who engage in conduct outside the United
> States that would constitute an offense punishable by imprisonment for
> more than one year if the conduct had been engaged in within the
> special maritime and territorial jurisdiction of the United States,
> may potentially be subject to the criminal jurisdiction of the United
> States (see the Military Extraterritorial Jurisdiction Act of 2000 (18
> U.S.C. 3261 et seq.);
>
> \(ii\) Pursuant to the War Crimes Act, 18 U.S.C. 2441, Federal
> criminal jurisdiction also extends to conduct that is determined to
> constitute a war crime when committed by a civilian national of the
> United States; and
>
> \(iii\) Other laws may provide for prosecution of U.S. nationals who
> commit offenses on the premises of United States diplomatic, consular,
> military or other United States Government missions outside the United
> States (18 U.S.C. 7(9)).

\(f\) Processing and departure points. The Contractor shall require its
personnel who are arriving from outside the area of performance to
perform in the designated operational area or supporting the diplomatic
or consular mission to---

> \(1\) Process through the departure center designated in the contract
> or complete another process as directed by the Contracting Officer;
>
> \(2\) Use a specific point of departure and transportation mode as
> directed by the Contracting Officer; and
>
> \(3\) Process through a reception center as designated by the
> Contracting Officer upon arrival at the place of performance.

\(g\) Personnel data.

> \(1\) Unless personnel data requirements are otherwise specified in
> the contract, the Contractor shall establish and maintain with the
> designated Government official a current list of all Contractor
> personnel in the areas of performance. The Contracting Officer will
> inform the Contractor of the Government official designated to receive
> this data and the appropriate system to use for this effort.
>
> \(2\) The Contractor shall ensure that all employees on this list have
> a current record of emergency data, for notification of next of kin,
> on file with both the Contractor and the designated Government
> official.

\(h\) Contractor personnel. The Contracting Officer may direct the
Contractor, at its own expense, to remove and replace any Contractor
personnel who fail to comply with or violate applicable requirements of
this contract. Such action may be taken at the Government's discretion
without prejudice to its rights under any other provision of this
contract, including termination for default or cause.

> \(i\) Weapons.
>
> \(1\) If the Contracting Officer, subject to the approval of the
> Combatant Commander or the Chief of Mission, authorizes the carrying
> of weapons---
>
> \(i\) The Contracting Officer may authorize an approved Contractor to
> issue Contractor-owned weapons and ammunition to specified employees;
> or
>
> \(ii\) The Regional Security Officer may issue Government-furnished
> weapons and ammunition to the Contractor for issuance to specified
> Contractor employees.
>
> \(2\) The Contractor shall provide to the Contracting Officer a
> specific list of personnel for whom authorization to carry a weapon is
> requested.
>
> \(3\) The Contractor shall ensure that its personnel who are
> authorized to carry weapons---
>
> \(i\) Are adequately trained to carry and use them---
>
> \(A\) Safely;
>
> \(B\) With full understanding of, and adherence to, the rules of the
> use of force issued by the Combatant Commander or the Chief of
> Mission; and
>
> \(C\) In compliance with applicable agency policies, agreements,
> rules, regulations, and other applicable law;
>
> \(ii\) Are not barred from possession of a firearm by 18 U.S.C. 922;
> and
>
> \(iii\) Adhere to all guidance and orders issued by the Combatant
> Commander or the Chief of Mission regarding possession, use, safety,
> and accountability of weapons and ammunition.
>
> \(4\) Upon revocation by the Contracting Officer of the Contractor's
> authorization to possess weapons, the Contractor shall ensure that all
> Government-furnished weapons and unexpended ammunition are returned as
> directed by the Contracting Officer.
>
> \(5\) Whether or not weapons are Government-furnished, all liability
> for the use of any weapon by Contractor personnel rests solely with
> the Contractor and the Contractor employee using such weapon.

\(j\) Vehicle or equipment licenses. Contractor personnel shall possess
the required licenses to operate all vehicles or equipment necessary to
perform the contract in the area of performance.

\(k\) Military clothing and protective equipment.

> \(1\) Contractor personnel are prohibited from wearing military
> clothing unless specifically authorized by the Combatant Commander. If
> authorized to wear military clothing, Contractor personnel must wear
> distinctive patches, armbands, nametags, or headgear, in order to be
> distinguishable from military personnel, consistent with force
> protection measures.
>
> \(2\) Contractor personnel may wear specific items required for safety
> and security, such as ballistic, nuclear, biological, or chemical
> protective equipment.

\(l\) Evacuation.

> \(1\) If the Chief of Mission or Combatant Commander orders a
> mandatory evacuation of some or all personnel, the Government will
> provide to United States and third country national Contractor
> personnel the level of assistance provided to private United States
> citizens.
>
> \(2\) In the event of a non-mandatory evacuation order, the Contractor
> shall maintain personnel on location sufficient to meet contractual
> obligations unless instructed to evacuate by the Contracting Officer.

\(m\) Personnel recovery.

> \(1\) In the case of isolated, missing, detained, captured or abducted
> Contractor personnel, the Government will assist in personnel recovery
> actions.
>
> \(2\) Personnel recovery may occur through military action, action by
> non-governmental organizations, other Government-approved action,
> diplomatic initiatives, or through any combination of these options.
>
> \(3\) The Department of Defense has primary responsibility for
> recovering DoD contract service employees and, when requested, will
> provide personnel recovery support to other agencies in accordance
> with DoD Directive 2310.2, Personnel Recovery.

\(n\) Notification and return of personal effects.

> \(1\) The Contractor shall be responsible for notification of the
> employee-designated next of kin, and notification as soon as possible
> to the U.S. Consul responsible for the area in which the event
> occurred, if the employee---
>
> \(i\) Dies;
>
> \(ii\) Requires evacuation due to an injury; or
>
> \(iii\) Is isolated, missing, detained, captured, or abducted.
>
> \(2\) The Contractor shall also be responsible for the return of all
> personal effects of deceased or missing Contractor personnel, if
> appropriate, to next of kin.

\(o\) Mortuary affairs. Mortuary affairs for Contractor personnel who
die in the area of performance will be handled as follows:

> \(1\) If this contract was awarded by DoD, the remains of Contractor
> personnel will be handled in accordance with DoD Directive 1300.22,
> Mortuary Affairs Policy.
>
> (2)(i) If this contract was awarded by an agency other than DoD, the
> Contractor is responsible for the return of the remains of Contractor
> personnel from the point of identification of the remains to the
> location specified by the employee or next of kin, as applicable,
> except as provided in paragraph (o)(2)(ii) of this clause.
>
> \(ii\) In accordance with 10 U.S.C. 1486, the Department of Defense
> may provide, on a reimbursable basis, mortuary support for the
> disposition of remains and personal effects of all U.S. citizens upon
> the request of the Department of State.

\(p\) Changes. In addition to the changes otherwise authorized by the
Changes clause of this contract, the Contracting Officer may, at any
time, by written order identified as a change order, make changes in
place of performance or Government-furnished facilities, equipment,
material, services, or site. Any change order issued in accordance with
this paragraph shall be subject to the provisions of the Changes clause
of this contract.

\(q\) Subcontracts. The Contractor shall incorporate the substance of
this clause, including this paragraph (q), in all subcontracts that
require subcontractor personnel to perform outside the United States---

> \(1\) In a designated operational area during---
>
> \(i\) Contingency operations;
>
> \(ii\) Humanitarian or peacekeeping operations; or
>
> \(iii\) Other military operations; or military exercises, when
> designated by the Combatant Commander; or
>
> \(2\) When supporting a diplomatic or consular mission---
>
> \(i\) That has been designated by the Department of State as a danger
> pay post (see http://aoprals.state.gov/Web920/danger_pay_all.asp); or
>
> \(ii\) That the Contracting Officer has indicated is subject to this
> clause.

(End of clause)

[52.228-3 WORKERS' COMPENSATION INSURANCE (DEFENSE BASE ACT) (APR
1984)]{.underline}

The Contractor shall (a) provide, before commencing performance under
this contract, such workers' compensation insurance or security as the
Defense Base Act (42 U.S.C. 1651, et seq.) requires and (b) continue to
maintain it until performance is completed. The Contractor shall insert,
in all subcontracts under this contract to which the Defense Base Act
applies, a clause similar to this clause (including this sentence)
imposing upon those subcontractors this requirement to comply with the
Defense Base Act.

(End of clause)

[52.228-4 WORKERS' COMPENSATION AND WAR-HAZARD INSURANCE OVERSEAS (APR
1984)]{.underline}

\(a\) This paragraph applies if the Contractor employs any person who,
but for a waiver granted by the Secretary of Labor, would be subject to
workers' compensation insurance under the Defense Base Act (42 U.S.C.
1651, et seq.). On behalf of employees for whom the applicability of the
Defense Base Act has been waived, the Contractor shall (1) provide,
before commencing performance under this contract, at least that
workers' compensation insurance or the equivalent as the laws of the
country of which these employees are nationals may require, and (2)
continue to maintain it until performance is completed. The Contractor
shall insert, in all subcontracts under this contract to which the
Defense Base Act would apply but for the waiver, a clause similar to
this paragraph (a) (including this sentence) imposing upon those
subcontractors this requirement to provide such workers' compensation
insurance coverage.

\(b\) This paragraph applies if the Contractor or any subcontractor
under this contract employs any person who, but for a waiver granted by
the Secretary of Labor, would be subject to the War Hazards Compensation
Act (42 U.S.C. 1701, et seq.). On behalf of employees for whom the
applicability of the Defense Base Act (and hence that of the War Hazards
Compensation Act) has been waived, the Contractor shall, subject to
reimbursement as provided elsewhere in this contract, afford the same
protection as that provided in the War Hazards Compensation Act, except
that the level of benefits shall conform to any law or international
agreement controlling the benefits to which the employees may be
entitled. In all other respects, the standards of the War Hazards
Compensation Act shall apply; e.g., the definition of war-hazard risks
(injury, death, capture, or detention as the result of a war hazard as
defined in the Act), proof of loss, and exclusion of benefits otherwise
covered by workers' compensation insurance or the equivalent. Unless the
Contractor elects to assume directly the liability to subcontractor
employees created by this clause, the Contractor shall insert, in all
subcontracts under this contract to which the War Hazards Compensation
Act would apply but for the waiver, a clause similar to this paragraph
(b) (including this sentence) imposing upon those subcontractors this
requirement to provide war-hazard benefits.

(End of clause)

The following clauses are set forth in full text:

DEPARTMENT OF STATE ACQUISITION REGULATION (DOSAR) CLAUSES

[652.204-70 DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARD ISSUANCE
PROCEDURES (AUG 2007)]{.underline}

(a)  The Contractor shall comply with the Department of State (DOS)
Personal Identification Card Issuance Procedures for all employees
performing under this contract who require frequent and continuing
access to DOS facilities, or information systems.  The Contractor shall
insert this clause in all subcontracts when the subcontractor's
employees will require frequent and continuing access to DOS facilities,
or information systems.

(b)  The DOS Personal Identification Card Issuance Procedures may be
accessed at  <http://www.state.gov/m/ds/rls/rpt/c21664.htm> .

(End of clause)

[DOSAR 652.236-70 ACCIDENT PREVENTION (APR 2004)]{.underline}

\(a\) *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)

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.

652.243-70 NOTICES (AUG 1999)

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. All modifications to the contract must be made
in writing by the contracting officer.

652.229-71 PERSONAL PROPERTY DISPOSITION AT POSTS ABROAD (AUG 1999)

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.

[652.228-71   WORKER\'S COMPENSATION INSURANCE (DEFENSE BASE ACT) --
SERVICES (AUG 1999)]{.underline}

\(a\) This clause supplements FAR 52.228-3.

\(b\) The contractor agrees to procure Defense Base Act (DBA) insurance
pursuant to the terms of the contract between the Department of State
and the Department\'s DBA insurance carrier unless the contractor has a
DBA self-insurance program approved by the Department of Labor. The
contractor shall submit a copy of the Department of Labor\'s approval to
the contracting officer upon contract award. The current rate under the
Department of State contract is \$5.50 per \$100 of compensation for
construction.

\(c\) Since the Department of State has obtained a waiver of DBA
coverage for contractor employees who are not citizens of, residents of,
or hired in the United States, the contractor agrees to provide such
employees with worker\'s compensation benefits as required by the laws
of the country in which the employees are working, or by the laws of the
employee\'s native country, whichever offers greater benefits.

\(d\) The contractor agrees to insert a clause substantially the same as
this one in all subcontracts to which the DBA is applicable.
Subcontractors shall be required to insert a similar clause in any of
their subcontracts subject to the DBA.

\(e\) Should the rates for DBA insurance coverage increase or decrease
during the performance of this contract, the Department shall modify
this contract accordingly.

\(f\) The contractor shall demonstrate to the satisfaction of the
contracting officer that the equitable adjustment as a result of the
insurance increase or decrease does not include any reserve for such
insurance. Adjustment shall not include any overhead, profit, general
and administrative expenses, etc.

[[CONTRACTOR IDENTIFICATION (JULY 2008)]{.underline}]{.mark}

[]{.mark}

[Contract performance may require contractor personnel to attend
meetings with government personnel and the public, work within
government offices, and/or utilize government email.]{.mark}

[Contractor personnel must take the following actions to identify
themselves as non-federal employees:]{.mark}

1)  [Use and email signature block that shows name, the office being
    supported and company affiliation (e.g. "John Smith, Office of Human
    Resources, Acme Corporation Support Contractor");]{.mark}

2)  [Clearly identify themselves and their contractor affiliation in
    meetings;]{.mark}

3)  [Identify their contractor affiliation in Department e-mail and
    phone listings whenever contractor personnel are included in those
    listings; and]{.mark}

4)  [Contractor personnel may not utilize Department of State logos or
    indicia on business cards]{.mark}

[(End of clause)]{.mark}

[DOSAR 628.305 OVERSEAS WORKERS\' COMPENSATION AND WAR-HAZARD
INSURANCE.]{.underline}

(b)(1) Acquisitions for services, including construction but excluding
personal services contracts, requiring contractor personnel to perform
work outside of the United States, shall include the contractual
obligation for coverage under the Defense Base Act (42 U.S.C. Sections
1651-1654, as amended), for covered contractor employees. For the
purposes of this section, \"covered contractor employees\" includes the
following individuals:

\(i\) United States citizens or residents;

\(ii\) Individuals hired in the United States or its possessions,
regardless of citizenship; and,

\(iii\) Local nationals and third country nationals where contract
performance takes place in a country where there are no workers'
compensation laws.

\(2\) Individuals who are self-employed (i.e., they have not
incorporated) do not meet the definition of an employee. No Defense Base
Act insurance is required when contracting with these individuals.

\(3\) Exceptions are discussed in paragraphs (e)(1) and (f) of this
section.

\(c\) The Department of State has entered into a contract with an
insurance broker and carrier to provide Defense Base Act insurance (at a
fixed rate for services and construction) to cover DOS contracts that
require performance overseas by covered contractor employees. Upon award
of a contract that requires Defense Base Act insurance, the contracting
officer shall provide the contractor with the name of the insurance
broker from which the contractor must acquire the Defense Base Act
insurance.

\(d\) The authority to recommend a waiver from the Defense Base Act, as
set forth in FAR 28.305(d), is reserved to the Secretary of State.

(e)(1) The Secretary of Labor has waived the applicability of the
Defense Base Act to all DOS service contracts, including construction,
for contractor employees who are local nationals or third country
nationals. This waiver is conditioned on the requirement for the
contractor to provide workers' compensation benefits against the risk of
work injury or death and assume liability toward the employees and their
beneficiaries for war-hazard injury, death, capture, or detention as
prescribed by the local workers' compensation laws.

\(2\) In cases where a contract is performed in a country where there
are no local workers' compensation laws, local and third country
national contractor employees are considered to be "covered contractor
employees", and the contractor shall acquire Defense Base Act insurance
for those employees pursuant to the contract between the Department of
State and the Defense Base Act insurance broker.

(f)(1) Section 16 of the State Department Basic Authorities Act (22
U.S.C. 2680a), as amended, provides that the Defense Base Act shall not
apply with respect to such contracts as the Secretary of State
determines are contracts with persons employed to perform work for the
Department of State on an intermittent basis for not more than 90 days
in a calendar year. The Department of State has established that
"persons" includes employees hired by companies under contract with the
Department. The Procurement Executive has the authority to issue the
waivers for employees who work on an intermittent or short-term basis.
Waivers may be issued only for employees who are U.S. citizens or
residents, and only where the contractor provides evidence of
alternative workers' compensation coverage for those employees. Waivers
may not be issued for local or third country nationals.

\(2\) The contractor shall submit waiver requests to the contracting
officer. The request shall contain the following information:

\(i\) Contract number;

\(ii\) Name of contractor;

\(iii\) Brief description of the services to be provided under the
contract and country of performance;

\(iv\) Name and position title of individual(s);

\(v\) Nationality of individual(s) (must be U.S. citizen or resident);

\(vi\) Dates (or timeframe) of performance at the overseas location; and

\(vii\) Evidence of alternative workers' compensation coverage for these
employees (e.g., evidence that the State workers' compensation program
covers workers on short-term foreign assignments).

\(3\) The contracting officer shall review the request for completeness
and accuracy. If the request is complete and accurate, the contracting
officer shall forward the request to the Procurement Executive. If the
contractor does not provide complete and accurate information, the
contracting officer shall return the request to the contractor with an
explanation as to what additional information is required.

\(4\) The Procurement Executive shall review requests for waiver
forwarded by the contracting officer and either approve or disapprove
the request. The Procurement Executive shall return the request
indicating his/her approval or disapproval to the contracting officer.
Any request that is not approved shall describe the reason(s) why the
request was not approved. The contracting officer shall provide the
contractor with the original of the approved or disapproved document and
maintain a copy in the contract file.

**I. LIST OF ATTACHMENTS**

+------------------+-------------------------------------+-------------+
| **ATTACHMENT     | **DESCRIPTION OF ATTACHMENT**       | **NO.       |
| NO.**            |                                     | PAGES**     |
+------------------+-------------------------------------+-------------+
| Attachment 1     | Standard Form 25, *Performance and  | 2           |
|                  | Guaranty Bond*                      |             |
+------------------+-------------------------------------+-------------+
| Attachment 2     | Standard Form 25A, *Payment*        | 2           |
+------------------+-------------------------------------+-------------+
| Attachment 3     | Sample Bank Letter of Guaranty      | 1           |
+------------------+-------------------------------------+-------------+
| Attachment 4     | Breakdown of Proposal Price by      | 1           |
|                  | Divisions of Specifications         |             |
+------------------+-------------------------------------+-------------+
| Attachment 5     | Statement of Work & Bill of         | 6           |
|                  | Materials                           |             |
|                  |                                     |             |
|                  | & Appendix A                        |             |
+------------------+-------------------------------------+-------------+

**J. QUOTATION INFORMATION**

A. QUALIFICATIONS OF OFFERORS

Offerors/quoters must be technically qualified and financially
responsible to perform the work described in this solicitation. At a
minimum, each Offeror/Quoter 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 or to post adequate performance security,
    such as bonds, 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.

B. SUBMISSION OF QUOTATIONS

This solicitation is for the performance of the construction services
described in Scope Of Work, and the Attachments which are a part of this
request for quotation.

Each quotation must consist of the following:

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

  I            Executed Standard Form 1442, Solicitation,  2
               Offer and Award, and Sections A through L   
               completed as required.                      

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

Submit the complete quotation to the address indicated on Standard Form
1442, if mailed, or the address set forth below, if hand delivered:

U.S. Embassy

Contracting Officer

Presidential Palace -- Room M106

International Zone

Baghdad, Iraq

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

Volume II: 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 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;

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; and,

[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; Contract dollar value;

4.  Brief description of the work, including responsibilities; and

5.  Any litigation currently in process or occurring within last 5
    years.

[C. 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 for. The conference will be held
at 10:00 on Thursday, August 28, 2008.

\(c\) Participants will meet at the New Embassy Compound CAC on Al
Khindi Street (closest entrance to the Freedom Restaurant checkpoint).
You must submit a Site Visit Registration form to
<BaghdadGSOProcurement@state.gov> no later than 24:00 August 25, 2008.

D. MAGNITUDE OF CONSTRUCTION PROJECT

It is anticipated that the range in price of this contract will be:
between \$25,000 and \$100,000

E. LATE QUOTATIONS. Late quotations shall be handled in accordance with
FAR

F. [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://acquisition.gov/far/index.html/ 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

FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)

[52.215-1 INSTRUCTIONS TO OFFERORS\--COMPETITIVE ACQUISITION (JAN
2004]{.underline}), which is incorporated by reference into this
solicitation.

[THE FOLLOWING DOSAR PROVISION IS PROVIDED IN FULL TEXT:]{.underline}

[652.228-74 DEFENSE BASE ACT INSURANCE RATES -- LIMITATION (JUN
2006)]{.underline}

\(a\) The Department of State has entered into a contract with an
insurance carrier to provide Defense Base Act (DBA) insurance to
Department of Sate covered contactor employees at a contracted rate. For
the purposes of this provision, "covered contractor employees" includes
the following individuals:

(1) United States citizens or residents;

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(1) Individuals hired in the United States or its possessions,
    regardless of citizenship; and

(2) Local nationals and third country nationals where contract
    performance takes place in a country where there are no local
    workers' compensation laws.

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(b) In preparing the cost proposal, the bidder/offeror shall use the
    following rates in computing the cost fir the DBA insurance:

> Construction @ \$5.50 per \$100 of compensation.

\(c\) Bidders/Offerors shall compute the total compensation (direct
salary plus differential, but excluding per diem, housing allowances) to
be paid to covered contractor employees and the cost of DBA insurance in
their bid/proposal using the foregoing rate. Bidders/offerors shall
include the estimated DBA insurance costs in their proposed fixed price
or estimated cost. However, the DBA insurance costs shall be identified
in a separate line item in the bid proposal."

## K. EVALUATION CRITERIA

Award will be made to the lowest priced, acceptable, responsible quoter.
The Government reserves the right to reject quotations that are
unreasonably low or high in price.

The Government will determine acceptability by assessing the offeror\'s
compliance with the terms of the RFQ. The Government will determine
responsibility by analyzing whether the apparent successful quoter
complies with the requirements of FAR 9.1, including:

-   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

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

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

**STATEMENTS OF OFFERORS OR QUOTERS**

L.1 [52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)]{.underline}

\(a\) Definitions.

\"Common parent\", as used in this provision, means that corporate
entity that owns or controls an affiliated group of corporations that
files its Federal income tax returns on a consolidated basis, and of
which the offeror is a member.

\"Taxpayer Identification Number (TIN)\", as used in this provision,
means the number required by the IRS to be used by the offeror in
reporting income tax and other returns. The TIN may be either a Social
Security Number or an Employer Identification Number.

\(b\) All offerors must submit the information required in paragraphs
(d)through (f) of this provision in order to comply with debt collection
requirements of 31 U.S.C. 7701(c) and 3325 (d), reporting requirements
of 26 USC 6041, 6041A, and 6050M and implementing regulations issued by
the Internal Revenue Service (IRS). If the resulting contract is subject
to the reporting requirements described in FAR 4.904, the failure or
refusal by the offeror to furnish the information may result in a 31
percent reduction of payments otherwise due under the contract.

\(c\) The TIN may be used by the Government to collect and report on any
delinquent amounts arising out of the offeror's relationship with the
Government (3l USC 7701( c)(3)). If the resulting contract is subject to
the payment reporting requirements described in FAR 4.904, the TIN
provided hereunder may be matched with IRS records to verify the
accuracy of the offeror's TIN.

\(d\) Taxpayer Identification Number (TIN).

TIN: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_ TIN has been applied for.

\_\_\_ TIN is not required because:

\_\_ Offeror is a nonresident alien, foreign corporation, or foreign
partnership that does not have income effectively connected with the
conduct of a trade or business in the U.S. and does not have an office
or place of business or a fiscal paying agent in the U.S.;

\_\_ Offeror is an agency or instrumentality of a foreign government;

\_\_ Offeror is an agency or instrumentaltiy of the Federal Government.

\(e\) Type of Organization.

\_\_ Sole Proprietorship;

\_\_ Partnership:

\_\_ Corporate Entity (not tax exempt);

\_\_ Corporate Entity (tax emempt);

\_\_ Government entity (Federal, State, or local);

\_\_ Foreign government;

\_\_ International organization per 26 CFR 1.6049-4;

\_\_ Other
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\(f\) Common Parent.

\_\_\_ Offeror is not owned or controlled by a common parent as defined
in paragraph (a) of this clause.

\_\_\_ Name and TIN of common parent;

Name
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

TIN
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(End of provision)

L.2 [52.204-6 CONTRACTOR IDENTIFICATION NUMBER -DATA UNIVERSAL NUMBERING
SYSTEM (DUNS) NUMBER (OCT 2003)]{.underline}

\(a\) 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 number or DUNS+4 that identifies the offeror's name and
address exactly as stated in the offer. The DUNS number if a nine-digit
number assigned by Dun and Bradstreet Information Services. The DUNS+4
is the DUNS number plus a 4-character suffix that may be assigned at the
discretion of the offeror to establish additional CCR records for
identifying alternative Electronic Funds Transfer (EFT) accounts (see
Subpart 32.11) for the same parent company.

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

An offeror may obtain a DUNS number-

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](http://www.dnb.com/); or

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:

Company legal business name.

Tradestyle, doing business, or other name by which your entity is
commonly recognized.

Company physical street address, city, state and Zip Code.

Company mailing address, city, state and Zip Code (if separate from
physical)

Company telephone number

Date the company was started.

Number of employees at your location.

Chief executive officer/key manager.

Line of business (industry)

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

L.3 [52.204-8 Annual Representations and Certifications]{.underline}
[(Jan 2006)]{.underline}

(a)(1) The North American Industry Classification System (NAICS) code
for this acquisition is 236220, 237510, 237990, 236118, 237100.

\(2\) The small business size standard is \$28.5 million.

\(3\) The small business size standard for a concern which submits an
offer in its own name, other than on a construction or service contract,
but which proposes to furnish a product which it did not itself
manufacture, is 500 employees.

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

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

\(c\) The offeror has completed the annual representations and
certifications electronically via the Online Representations and
Certifications Application (ORCA) website at
[[http://orca.bpn.gov]{.underline}](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.

(End of provision)

L.4. [52.225-18 Place of Manufacture (Sept 2006)]{.underline}

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

" Manufactured end product" means any end product in Federal Supply
Classes (FSC) 1000-9999, except---

\(1\) FSC 5510, Lumber and Related Basic Wood Materials;

\(2\) Federal Supply Group (FSG) 87, Agricultural Supplies;

\(3\) FSG 88, Live Animals;

\(4\) FSG 89, Food and Related Consumables;

\(5\) FSC 9410, Crude Grades of Plant Materials;

\(6\) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

\(7\) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

\(8\) FSC 9610, Ores;

\(9\) FSC 9620, Minerals, Natural and Synthetic; and

\(10\) FSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled
out of components, or otherwise made or processed from raw materials
into the finished product that is to be provided to the Government. If a
product is disassembled and reassembled, the place of reassembly is not
the place of manufacture.

\(b\) For statistical purposes only, the offeror shall indicate whether
the place of manufacture of the end products it expects to provide in
response to this solicitation is predominantly---

\(1\) o  In the United States (Check this box if the total anticipated
price of offered end products manufactured in the United States exceeds
the total anticipated price of offered end products manufactured outside
the United States); or

\(2\) o Outside the United States.

L.5 AUTHORIZED CONTRACT ADMINISTRATOR

If the offeror does not fill‑in the blanks below, the official who
signed the offer will be deemed to be the offeror\'s representative for
Contract Administration, which includes all matters pertaining to
payments.

  ----------- ------------------------------------------------------------
  Name        

  Address     

  Telephone   
  ----------- ------------------------------------------------------------

L.6 [652.228-70 DEFENSE BASE ACT -- COVERED CONTRACTOR EMPLOYEES (JUN
2006)]{.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                            | Y     | Number                |
|                                     | es/No |                       |
+-------------------------------------+-------+-----------------------+
| \(1\) United States citizens or     |       |                       |
| residents                           |       |                       |
+-------------------------------------+-------+-----------------------+
| \(2\) Individuals hired in the      |       |                       |
| United States, regardless of        |       |                       |
| citizenship                         |       |                       |
+-------------------------------------+-------+-----------------------+
| \(3\) Local nationals or third      |       | Local nationals:      |
| country nationals where contract    |       | \_\_\_\_\_\_\_\_      |
| performance takes place in a        |       |                       |
| country where there are no local    |       | Third Country         |
| workers' compensation laws          |       | Nationals:            |
|                                     |       |                       |
|                                     |       | \_\_\_\_\_\_\_\_\_    |
+-------------------------------------+-------+-----------------------+
|                                     |       |                       |
+-------------------------------------+-------+-----------------------+
| \(4\) Local nationals or third      |       | Local nationals:      |
| country nationals where contract    |       | \_\_\_\_\_\_\_\_      |
| performance takes place in a        |       |                       |
| country where there are local       |       | Third Country         |
| workers' compensation laws          |       | Nationals:            |
|                                     |       |                       |
|                                     |       | \_\_\_\_\_\_\_\_\_    |
+-------------------------------------+-------+-----------------------+

\(b\) The contracting officer has determined that for performance in the
country of the Republic of Iraq:

>  Workers' compensation laws exist that will cover local nationals and
> third country nationals.
>
>  Workers' compensation laws do not exist that will cover local
> nationals and third country nationals.
>
> \(c\) If the bidder/offeror has indicated "yes" in block (a)(4) of
> this provision, the bidder/offeror shall not purchase Defense Base Act
> insurance for those employees. However, the bidder/offeror shall
> 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.
>
> \(d\) 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, Defense Base Act Insurance Rates -- Limitation.
> 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.
>
> (End of provision)

***ATTACHMENT #1***

\"Performance and Guaranty Bond", Standard Form 25 (Front)

![](media/image1.png){width="6.998611111111111in"
height="7.676388888888889in"}

**Performance and Guaranty Bond**

Standard Form 25 (Back)

![](media/image2.png){width="6.998611111111111in"
height="8.144444444444444in"}

**ATTACHMENT #2**

**Payment Bond**

Standard Form 25A (Front)

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**Payment Bond**

Standard Form 25A (Back)

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**ATTACHMENT #3**

SAMPLE LETTER OF BANK GUARANTY

Place ***\[ \]***

Date ***\[ \]***

Contracting Officer

U.S. Embassy, ***\[Post name\]***

***\[Mailing Address\]***

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 ***\[Amount
equal to 40% of the contract price in U.S. dollars during the period
ending with the date of final acceptance and 10% of the contract price
during contract guaranty period\]***, 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.

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

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

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

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

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

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

**ATTACHMENT #4**

**UNITED STATES DEPARTMENT OF STATE**

**BREAKDOWN OF PRICE BY DIVISIONS OF SPECIFICATIONS**

  ------------------------------- ---------------- -------------------- ------------------- ----------------- ----------------
  ***(1)DIVISION/DESCRIPTION***   ***(2)LABOR***   ***(3)MATERIALS***   ***(4)OVERHEAD***   ***(5)PROFIT***   ***(6)TOTAL***

  1\. General Requirements                                                                                    

  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                                                                                             

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

Allowance Items:

  ----------------------------------------------------------- -----------
  **PROPOSAL PRICE TOTAL: USD**                               

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

Alternates: (list separately do not total)

***Offeror: Date***

sCOPE of work AND ESTIMATED BILL Of materials

provide carwash station

NEC, baghdad, IRAQ

**1. AIM**

The aim of this Statement of Work (SOW) is for a Contractor to supply
materials, labor and equipment necessary to provide a carwash station at
NEC, Baghdad, Iraq.

**2. BACKGROUND**

Currently, Department of State (DOS) owned vehicles are being serviced
at KBR Dispatch area which is located outside of the New Embassy
Compound (NEC). However, when DOS moves from the Palace to the NEC in
November of 2008, this presents a problem because the NEC does not have
a carwash station.

**3. SOLUTION**

Provide a carwash station prior to NEC move-in date from the Palace.

**4. ASSUMPTIONS AND CRITERIA**

1.  The Government provided "List of Materials" is an estimate only, and
    the contractor is responsible to field measure and to quantify the
    required materials as to complete the job.

2.  It is a responsibility of the contractor to locate all underground
    utility lines prior to excavation.

3.  The contractor is to saw cut the concrete pavement area to install
    site utility lines.

4.  The contractor is responsible to repair all damaged concrete
    pavement, curb & gutter & sidewalk which was done during
    construction.

5.  Include redirecting the light pole wires if necessary.

6.  The contractor is to provide modify existing storm as to complete
    the project.

7.  The contractor is responsible for deleting existing parking lines in
    carwash area.

8.  The contractor is responsible for all tools as it is necessary to
    complete SOW.

9.  The contractor is responsible to clean up daily after working hours.

**5. STATEMENT OF WORK**

The project consists of the basic bid as described below:

***Concrete Masonry Unit Building***

1.  Provide 8"x8"x16" reinforced 4,500 psi regular weight concrete block
    wall. Include, but not limited to, #5 vertical reinforcing & grout
    spacing @ 16", horizontal reinforcing and solid fill.

2.  The contractor is responsible to design and providing concrete
    footing & slab on grade to support CMU wall construction.

3.  The contractor is to provide 95% modified proctor test on subgrade &
    subbase prior to concrete placement.

4.  Provide forming and framing, include edge angles, of trench drain.

5.  The exterior wall is to receive stucco finish, and the interior wall
    is to receive two coats of latex paint and two coats of waterproof
    sealer.

6.  The wall layout dimensions are shown on **Appendix A**.

***Cantilever Canopy***

1.  Provide 9 m x 10 m cantilever canopy per the contractor's design.
    The design is to be review by the Engineer's for its aesthetical
    layout and dimensions. However, the contractor is responsible for
    the structural integrity of the design. The design is to include
    "open side -- one wall" appearance. See **Appendix C** for the
    concept.

2.  The design is to ensure the canopy structure from any movement from
    the weather (i.e. wind, rain, temperature, etc.)

3.  The contractor is responsible to compact the subgrade and subbase
    with 95% modified proctor test for column footing.

4.  Provide and install steel base plates, sized per the contractor's
    design, with four bolt holes each on anchor bolts installed above in
    the existing concrete slab to accept the columns for the canopy.

5.  Provide 14 gauge aluminum canopy roof panels. Include, but not
    limited to bolts, screws and fasteners as necessary to provide
    complete installation. The panels are to receive baked enamel finish
    for glossy appearance. The contractor is to provide color chart for
    the Engineer's selection prior to fabrication.

6.  The clear height of the canopy from its lowest member to the
    finished floor is to be 3.6m.

7.  The contractor is responsible to provide primer with two coats of
    oil base paint on ALL steel members. Provide a color sample for the
    Engineer's review prior to paint.

*Stucco Finish*

1.  Provide one layer of woven wire lath and two layers of Portland
    cement-based plaster.

2.  Provide vapor-permeable, water resistant tarpaper to protect the
    sheathing and interior of the wall from outside moisture without
    trapping vapor inside.

3.  Provide a layer of acrylic finish to add waterproofing capability on
    top with minimum 3.0 mm thickness.

4.  Provide "moist curing" to prevent a weaker and brittle stucco
    finish.

5.  The contractor is responsible for crack & shrinkage free stucco
    finish.

6.  Provide a range of acrylic finish color samples to match existing
    building structures in NEC for the Engineer's review prior to
    construction

***Sanitary & Domestic Water Connection***

1.  Provide sanitary connection to the existing service. Include, but
    not limited, new 2" Schedule 80 PVC pipe to the existing MH-03,
    trench drain with heavy duty trench grating (see **Appendix B**).

2.  Provide domestic water connection. Includes new ¾" Schedule 80 PVC
    pipe to the existing line. The contractor is responsible to provide
    48-hour notice prior to making the connection to the Engineer.

3.  Provide a pressure relief valve to avoid damage in domestic water
    line.

***Electrical Work***

1.  Provide electrical connection from Utility building to the carwash
    station.

2.  The contractor is responsible for all circuit connection from
    Utility building to the

3.  Provide one weather proof outlet for carwash pump.

4.  Provide one weather proof duplex outlet.

***Carwash Equipment***

1.  Provide electric pressure washer unit. Includes, but not limited to,
    220v 50Hz 4.0gpm and 100 to 1,800psi explosion proof electric motor
    pump, heavy-duty trigger gun & 36" spray wand, chemical injection
    nozzle, 50'x3/8" high pressure hose, steel braid, hose w/ quick
    nozzle assortment, heavy-duty regulator/unloader valve, pressure
    gauge. The pump system is to have detergent and wax flow indicator.

2.  The carwash equipment is to have integrated detergent and wax system
    that can be discharged from heavy-duty trigger gun.

# **PERFORMANCE PERIOD**

The Contractor is to complete construction of the basic bid within 30
days from the notice to proceed (NTP).

# **ESTIMATED B**ILL OF MATERIALS

  -------- -------------------------------- ---------- --------- --------------- ---------
  **No**   **Descriptions**                 **Unit**   **Qty**   **Unit Price    **Total
                                                                 \$**            Price
                                                                                 \$**

  **1**    **Administration**                                                    

  1        Mobilization/Demobilization.     LS         1                         

           **Administration**                                    **Sub-Total**   

  **2**    **CMU Wall**                                                          

  A        8"x8"x16" CMU wall assembly;     m\^2       57                        
           footings, slab on grade,                                              
           horizontal & vertical                                                 
           reinforcement                                                         

  **3**    **Cantilever Canopy**                                                 

  A        7m x 8m canopy assembly;         EA         1                         
           columns, footing, aluminum roof                                       
           panels, paint                                                         

  **4**    **Stucco finish**                                                     

  A        Stucco finish                    m\^2       57                        

  **5**    **Sanitary & Domestic Line                                            
           Connection**                                                          

  A        Sanitary line connection to      m          25                        
           manhole; 2" schedule 80 PVC                                           
           connection to existing manhole,                                       
           completed with fittings                                               

  B        Heavy-duty trench and trench     m          10                        
           grating                                                               

  C        Domestic water line connection;  m          30                        
           ¾" Schedule 80 PVC to existing                                        
           line, complete with fitting                                           
           requirements                                                          

  **6**    **Electrical Connection**                                             

  A        Connection to electrical carwash LS         1                         
           pump with weatherproof outlet                                         
           from GSO building; 1" Schedule                                        
           80 PVC conduit from the building                                      
           to the Station                                                        

  C        Provide one weatherproof duplex  LS         1                         
           outlet; using Item 6-A conduit                                        
           from GSO building                                                     

  **7**    **Carwash Equipment**                                                 

  A        Carwash pump & carwash equipment LS         1                         
           accessories                                                           

  **4**    **DBA Insurance**                                                     

  1        Contractor shall cover each of   LS         1                         
           its workers at the site with DBA                                      
           Workers' Compensation coverage,                                       
           and require its subcontractors                                        
           to do the same. Contractor must                                       
           furnish certificate evidencing                                        
           this coverage to Engineer prior                                       
           to starting work.                                                     

           **DBA Insurance**                                     **Sub-Total**   

           **Items 1 thru 4**                                    **Sub-Total**   

                                                                 15% G & A       

                                                                 Sub-Total       

                                                                 10% Profit      

           **Basic Bid -- Carwash Station**                      **Contract      
                                                                 Cost**          
  -------- -------------------------------- ---------- --------- --------------- ---------

**Appendix A -- Wall & Trench Drain Layout Dimensions**

**Appendix B -- Trench Drain Detail**

**Appendix C -- Canopy Dimensions**

**Appendix D -- Carwash Station Profile View**

**Appendix E -- Site Layout**

**Appendix F -- Site Layout**