> ***Kyiv, Ukraine February 7, 2008***

### SUBJECT:  Solicitation Number SOUP300-08-Q-0003 *for Installation of Contractor-Furnished* {#subject-solicitation-number-soup300-08-q-0003-for-installation-of-contractor-furnished .unnumbered}

### *100KVA Standby Diesel Generator Set(Single Operation)With New ATS at U.S. Consulate Building Kyiv, Ukraine.* {#kva-standby-diesel-generator-setsingle-operationwith-new-ats-at-u.s.-consulate-building-kyiv-ukraine. .unnumbered}

> The Embassy of the United States of America invites you to submit a
> proposal for Design/Construction services of US Government Property
> located at 6 Pimonenko St, in Kyiv, Ukraine. Construction shall
> consist of mostly exterior construction and installation works.
>
> If you are interested in submitting a proposal on this project, read
> the instructions in Section L of the attached Request for Proposals
> (RFP).
>
> If you intend to submit a proposal, you should thoroughly examine all
> documents contained in the contract solicitation package and arrange
> for a personal inspection of the project site by a representative from
> your company.  The Embassy intends to conduct a a site visit , and all
> prospective offerors who have received a solicitation package will be
> invited to attend.  The site visit will be held at 6 Pimonenko Street
> on February 20, 2008 in 11:00 a.m.  Submit any questions you may have
> concerning the solicitation documents in writing by February 25, 2008
> so that a response can be provided at this meeting.
>
> Your proposal must be submitted in a sealed envelope marked \"Proposal
> Enclosed\" to the Maura Pellet, Contracting Officer at Artem Center
> located at 4 Glubochytska Street on or before 17:00 p.m. on March 5,
> 2008.  No proposal will be accepted after this time.
>
> Complete Part II of the Standard Form 1442, including all blank
> spaces, and have the form signed by an authorized representative of
> your company, or the proposal may be considered unacceptable and may
> be rejected.
>
> In order for a proposal to be considered, you must also complete and
> submit the following:
>
> 1\. Sections B and Attachment 4, Proposal Breakdown by Divisions;

2.  Section K, Representations and Certifications;

> 3\. Bar Chart illustrating sequence of work to be performed;
>
> 4\. Additional information as required in Section L.
>
> The contract will be a firm fixed price contract, with no adjustment
> for any escalation in costs or prices of labor or materials.  Each
> offeror will be responsible for determining the amount of labor and
> materials that will be required to complete the project, and for
> pricing its proposal accordingly.
>
> Please be advised that each offeror is responsible for furnishing
> complete information to its subcontractor and suppliers, such as
> details and quantities required by the drawings and specifications.
>  Subcontractors and suppliers should not be referred to the Embassy or
> the Architect for determining the amount or quantities of materials
> required.
>
> The construction/installation completion time is 90 calendar days,
> commencing on March, 2008.  In the event of an unauthorized or
> unexcused delay in completing the project, liquidated damages in the
> amount of ***\$140.00*** per calendar day will be assessed until
> substantial completion of the project is achieved.
>
>  
>
> The Contracting Officer reserves the right to reject any and all
> proposals and to waive any informality in proposals received.  In
> addition, the Embassy reserves the right to establish a competitive
> range of one or more offerors and to conduct further negotiations
> concerning price and other terms before awarding the contract, or to
> award without discussions.
>
> Please direct any questions regarding this solicitation Olena
> Stavnycha by letter or by telephone 490-4113, fax 490-4085 during
> regular business hours.
>
>  
>
> Sincerely,
>
> Maura Pellet
>
> Contracting Officer
>
> American Embassy Kyiv, Ukraine

TABLE OF CONTENTS

 

SF 18 or SF 1442 cover sheet

A. Price

B. Scope of Work

C. Packaging and Marking

D. Inspection and Acceptance

E. Deliveries/Performance

F. Administrative Data

G. Special Requirements

H. Clauses

I. List of Attachments

J. Quotation Information

K. Evaluation Criteria

L. Representations, Certifications, and other Statements of Offerors or
Quoters

Attachment 1: Sample Bank Letter of Guarantee

Attachment #2: BREAKDOWN OF PRICE BY DIVISIONS OF SPECIFICATIONS

** **

** **

<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">SOLICITATION, OFFER,<br />
AND AWARD<br />
<strong>(Construction)</strong></td>
<td colspan="3">1. SOLICITATION NO.<br />
<strong>SOUP300-08-Q-0003</strong></td>
<td colspan="4">2. TYPE OF SOLICITATION<br />
SEALED BID (IFB)<br />
<strong>X</strong> NEGOTIATED (RFP)</td>
<td>3. DATE ISSUED<br />
<strong>02/07/08</strong></td>
<td>PAGE OF PAGES1 2</td>
</tr>
<tr class="even">
<td colspan="11">IMPORTANT - The “offer” section on the reverse must be
fully completed by offeror.</td>
</tr>
<tr class="odd">
<td colspan="3">4. CONTRACT NO.</td>
<td colspan="4">5. REQUISITION/PURCHASE REQUEST NO.</td>
<td colspan="4"><p>6. PROJECT NO.</p>
<p>XJDO0084</p></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>American Embassy<br />
Kyiv, Ukraine</p>
<p>4 Glubochytska St.</p></td>
<td colspan="7"></td>
</tr>
<tr class="even">
<td><p>9. FOR INFORMATION</p>
<p>CALL:</p></td>
<td colspan="5">A. NAME<br />
<strong>Olena Stavnycha</strong></td>
<td colspan="5"><ol start="2" type="A">
<li><p>TELEPHONE NO. <strong>490-41-13,</strong></p></li>
</ol>
<blockquote>
<p><strong>FAX. 490-40-85</strong></p>
</blockquote></td>
</tr>
<tr class="odd">
<td colspan="11">SOLICITATION</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"><ol start="10" type="1">
<li><p>THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN
THESE DOCUMENTS (Title, identifying no., date):</p></li>
</ol>
<p>SF 18 or SF 1442 cover sheet</p>
<p>A. Price</p>
<p>B. Scope of Work</p>
<p>C. Packaging and Marking</p>
<p>D. Inspection and Acceptance</p>
<p>E. Deliveries/Performance</p>
<p>F. Administrative Data</p>
<p>G. Special Requirements</p>
<p>H. Clauses</p>
<p>I. List of Attachments</p>
<p>J. Quotation Information</p>
<p>K. Evaluation Criteria</p>
<p>L. Representations, Certifications, and other Statements of Offerors
or Quoters</p>
<h2 id="attachments-1-2" class="unnumbered">Attachments #1, 2</h2></td>
</tr>
<tr class="even">
<td colspan="11">11. The Contractor shall begin performance within
<strong>_10_</strong>calendar days and complete it within
_<strong>90</strong> calendar days after receiving<br />
award<strong>, X</strong> notice to proceed. This performance period is
__ mandatory, negotiable.</td>
</tr>
<tr class="odd">
<td colspan="8"><p>12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED
PERFORMANCE AND PAYMENT BONDS? (If “YES,” indicate within how many
calendar days after award in Item 12B.)<br />
YES</p>
<p> YES NO</p></td>
<td colspan="3">12B. CALENDAR DAYS<br />
<strong>10 days</strong></td>
</tr>
<tr class="even">
<td colspan="11"><p>13. ADDITIONAL SOLICITATION REQUIREMENTS:<br />
A. Sealed offers in original and ___ copies to perform the work required
are due at the place specified in Item 8 by -- local time (hour) local
time, (date). Sealed envelopes containing offers shall be marked to show
the offeror’s name and address, the solicitation number, and the date
and time offers are due.<br />
B. An offer guarantee is, X 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 reference.</p>
<p>D. Offers providing less than _60__ calendar days for Government
acceptance after the date offers are due will not be considered and will
be rejected.</p></td>
</tr>
</tbody>
</table>

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85) Prescribed
by GSA FAR (48 CFR) 53.236-1(e)

<table>
<colgroup>
<col style="width: 18%" />
<col style="width: 8%" />
<col style="width: 8%" />
<col style="width: 1%" />
<col style="width: 6%" />
<col style="width: 8%" />
<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="13">OFFER (Must be fully completed by offeror)</td>
</tr>
<tr class="even">
<td colspan="6"></td>
<td colspan="7">15. TELEPHONE NO. (Include area code)</td>
</tr>
<tr class="odd">
<td colspan="6"></td>
<td colspan="7">16. REMITTANCE ADDRESS (Include only if different than
Item 14)</td>
</tr>
<tr class="even">
<td colspan="6">CODE FACILITY CODE</td>
<td colspan="7"></td>
</tr>
<tr class="odd">
<td colspan="13"><p>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 90
calendar days after the date offers are due.</p>
<p>AMOUNTS in USD</p></td>
</tr>
<tr class="even">
<td colspan="13">18. The offeror agrees to furnish any required
performance and payment bonds.</td>
</tr>
<tr class="odd">
<td colspan="13"><p>19. ACKNOWLEDGMENT OF AMENDMENTS</p>
<p>The offeror acknowledges receipt of amendments to the solicitation --
give number and date of each</p></td>
</tr>
<tr class="even">
<td>AAAMENDMENT NO.</td>
<td></td>
<td></td>
<td colspan="2"></td>
<td></td>
<td colspan="2"></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td>DATE</td>
<td></td>
<td></td>
<td colspan="2"></td>
<td></td>
<td colspan="2"></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
(Type or print)</td>
<td colspan="5">20B. SIGNATURE</td>
<td colspan="2">20C. OFFER DATE</td>
</tr>
<tr class="odd">
<td colspan="13">AWARD (To be completed by Government)</td>
</tr>
<tr class="even">
<td colspan="13"><p>21. ITEMS ACCEPTED:</p>
<p>as specified in the SOUP300-04-R-0005</p></td>
</tr>
<tr class="odd">
<td colspan="3">22. AMOUNT</td>
<td colspan="10">23. ACCOUNTING AND APPROPRIATION DATA</td>
</tr>
<tr class="even">
<td colspan="4">24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 7 (2
copies)</td>
<td colspan="3">ITEM</td>
<td colspan="6"><p>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. ADMINISTERED BY CODE</td>
<td colspan="3"></td>
<td colspan="7">27. PAYMENT WILL BE MADE BY</td>
</tr>
<tr class="even">
<td colspan="3"><h1 id="us-embassy-kyiv-ukraine">US Embassy Kyiv,
Ukraine</h1></td>
<td colspan="3"></td>
<td colspan="7"><h1 id="electronic-bank-transfer">Electronic Bank
Transfer </h1></td>
</tr>
<tr class="odd">
<td colspan="13">CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS
APPLICABLE</td>
</tr>
<tr class="even">
<td colspan="6"> 28. NEGOTIATED AGREEMENT (Contractor is required to
sign this document and return __2__ copies to issuing office.) A
contractor agrees to furnish and deliver all items or performs 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.</td>
<td colspan="7"> 29. AWARD (Contractor is not required to sign this
document.) 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.</td>
</tr>
<tr class="odd">
<td colspan="6"><p>30A. NAME AND TITLE OF CONTRACTOR OR PERSON
AUTHORIZED TO SIGN (Type or print)</p>
<h1 id="section"></h1></td>
<td colspan="7"><p>31A. NAME OF CONTRACTING OFFICER</p>
<h1 id="maura-pellet">Maura Pellet</h1></td>
</tr>
<tr class="even">
<td colspan="3">30B. SIGNATURE</td>
<td colspan="3">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)

**REQUEST FOR QUOTATIONS - CONSTRUCTION**

** **

A.  **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.

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

 

### B. SCOPE OF WORK FOR:  Installation of Contractor-Furnished and Installed 100KVA Standby Diesel Generator Set (Single Operation) With New ATS U.S. Consulate Building Kyiv, Ukraine {#b.-scope-of-work-for-installation-of-contractor-furnished-and-installed-100kva-standby-diesel-generator-set-single-operation-with-new-ats-u.s.-consulate-building-kyiv-ukraine .unnumbered}

**1.0 PROJECT DESCRIPTION**

> This project provides for the installation of a new 100KVA diesel
> engine generator and associated automatic transfer switch (ATS). The
> new generator is to provide emergency backup power for the U.S.
> Consulate building located at 6, Pymonenka Street in Kyiv.
>
> There is currently no back up power for this compound, but it is
> desired that all Consular building loads be placed under automatic
> generator power when utility power is lost. The new generator shall be
> a diesel generator set with a standby rating of 100KVA or higher,
> weatherproof and sound limiting housing enclosure, 380Y/220 nominal
> voltage, 3 phase, 50 hertz, complete with automatic transfer switch,
> and is to be interconnected to the Consulate building's electrical
> distribution system.
>
> Included in this effort is the installation of a new 2,000L or larger
> double-walled fuel tank inside of the enclosure, control wiring,
> properly sized load wires with conduit or cable tray, replacement of
> two fuses and a circuit breaker, and other miscellaneous works
> identified below. Further, this effort includes the restoration of all
> affected parts of the facility to acceptable condition.

2.  **SCOPE**

> This is a level of effort wherein the contractor shall provide
> equipment, labor, materials, and installation drawing plans necessary
> to install a complete new operational generator power system including
> ATS. The effort includes the installation of generator, weatherproof
> and critical grade sound limiting enclosure, automatic transfer
> switch, fuel tank, feeder circuits, modifications to the existing
> building electrical distribution system, connection to the existing
> electrical distribution system, control circuit, equipment foundation,
> and fuel lines. The contractor must also provide testing and
> coordination for a safe and fully operational generator power system.

3.  **PROJECT REQUIREMENTS**

> **3.1** General Requirements: The requirements in this Scope of Work
> serve as direction to the Contractor in the development, execution and
> delivery of a completely operational and automatic standby generator
> system. The Contractor shall review this Scope of Work and be familiar
> with the project requirements. Questions and needed clarifications
> shall be submitted to the Contracting Officer (CO) for answers and
> resolution. A thorough knowledge of the project is required to achieve
> a substantive quality finished product. Any exceptions to the SOW must
> be clearly stated in the Contractor's proposal as exceptions.
>
> **3.2** Contractor Furnished-Contractor Installed Material: The
> contractor shall furnish the generator set, automatic transfer switch,
> and all other equipment and materials required under this SOW.
>
> **3.3** Changes to the Scope of Work: Any changes to this Scope of
> Work shall have the written approval of the Contracting Officer or
> his/her representative, and all desired changes to this Scope shall be
> directed to the same.

> **3.4** Contract Price Changes: No changes will be made in this fixed
> price contract due to price fluctuations for materials or exchange
> rates. The contractor with the Lowest Price Technically Acceptable
> (LPTA) bid may then be selected to implement the project. No bidder
> may be selected at the Government's option.
>
> **3.5** Security Clearance: No security clearance is required in the
> performance of this work.

4.  **TECHNICAL REQUIREMENTS**

    1.  Diesel Generator Set: Contractor shall install a contractor
        furnished standby duty diesel generator set with associated
        controls to provide a fully automatic system to support the
        Consular Building's total connected load. The new generator set
        shall be installed on the opposite site of the building as the
        utility fuse box and adjacent to the Maintenance Shop circuit
        breaker on the Consular building exterior wall. The contractor
        shall be thoroughly familiar with the generator set
        manufacturer's installation requirements. The generator
        technical requirements shall be as stated in Attachment 1 of the
        SOW.

    2.  Automatic Transfer Switch (ATS): Contractor shall install a
        contractor furnished automatic transfer switch that will connect
        the Consular Building loads to either the City power if
        available and of acceptable quality, or to the generator set
        when adequate quality utility power is not available. Provide
        the required control wiring between the ATS and the generator
        set for automatic starting and stopping of the generator set.
        The contractor shall be thoroughly familiar with the ATS
        manufacturer's installation requirements. The ATS technical
        requirements shall be as stated in Attachment 1 of the SOW.

> **4.3** Feeders in Conduit or Cable Tray: Contractor shall provide a
> final electrical distribution system as shown on Attachment 3
> "Proposed Electrical One-Line." The contractor shall verify that
> stated wire sizes in Attachment 3 meet the US National Electric Code
> and all local codes. Wiring shall be copper, insulated with moisture
> and heat resistant thermoplastic rated for 75 degree C or higher
> operation. The distance of run shall be verified by the contractor.
> The wiring shall all be protected with properly-sized (per US National
> Electrical Code) galvanized conduit or cable tray. Conduits or cable
> tray shall be run along exterior walls or through the Consular
> Building attic space. Conduit from the generator enclosure to the
> building wall shall be in schedule 40 or schedule 80 PVC buried at a
> depth of 48 inches or deeper.

4.  Utility Fuses: The load-side fuses in the utility fuse box shall be
    replaced with 200A fuses as shown on Attachment 3. The fuse box door
    shall be permanently repaired to function as originally intended.
    The contractor is responsible with coordinating with the local
    electric utility if needed to accomplish this.

5.  Auxiliary Equipment/Circuits: Contractor shall make proper
    electrical connections as needed to supply power to the battery
    charger, fuel pumps, generator strip heater, engine jacket water
    heater, lube oil heater, and other components requiring power.

6.  Panel MDP Alteration: The main breaker serving the building panel
    MDP shall be downsized to 200A.

7.  Electrical System Grounding: Contractor shall provide a driven
    copper clad ground rod (19mm diameter) near the generator location
    with bare copper wire 95mm2 (3/0) bonded to the generator set
    chassis. The grounding bus of the three-pole automatic transfer
    switch (ATS) shall be bonded to the existing equipment grounding
    system to be identified by contractor in the field. Neutral and
    ground shall not be connected at the generator. The contractor shall
    ensure that at the completion of this work, that there is one and
    only one neutral-ground bond for the incoming service.

8.  Generator Fuel Supply: Contractor shall provide and install the
    necessary fuel supply and return lines in accordance with the
    requirement of the engine manufacturer. All fuel lines shall be
    black iron pipe suitable for diesel fuel and sized for the engine
    capacity or as recommended by the engine manufacturer. The generator
    shall have a 2,000L or larger double-walled fuel tank within the
    generator enclosure. The contractor shall provide all fuel needed
    for testing and shall fill the tank after all testing and prior to
    departure from the job site.

9.  Equipment Concrete Foundation and Slab On Grade: Provide generator
    set concrete and steel reinforced foundation in accordance with the
    recommendation of the generator set manufacturer. Provide steel
    reinforced concrete foundation and slab on grade to accommodate the
    total weight of the equipment and weatherproof enclosure. The
    generator and slab shall be placed to allow a minimum 3 foot walk
    space between the generator and the Consular Building exterior wall,
    and to allow manufacturer recommended clearances on all sides of the
    generator.

10. Generator Exterior Lighting: Weatherproof fluorescent lighting
    fixtures using T8 fluorescent bulbs and electronic ballasts shall be
    added to the Consular exterior wall to provide a minimum of 5
    footcandles of illumination in the immediate generator vicinity.

11. Generator Air Flow: Ventilation and exhaust shall be oriented and
    placed by the contractor to provide recommended air flow volume and
    flow patterns to properly cool the generator in all running
    scenarios, and to avoid damage to surrounding structures and
    vegetation.

12. Load Balancing: The loads on the generator and Main Distribution
    Panel (Panel MDP) shall be balanced by the contractor.

13. Lansdscaping and Paving: The contractor shall be responsible for any
    trenching, refill, paving, or painting needed to restore the site to
    similar condition after the work is finished.

**5.0 OTHER MISCELLANEOUS REQUIREMENTS**

1.  Electric Power Availability: The Consulate is an operational
    facility, therefore, the contractor shall ensure that electric power
    is available at all times except on scheduled outages acceptable to
    the contracting officer's representative (COR). During the
    implementation of this SOW, the contractor shall diligently schedule
    the work to minimize downtime, and if a power outage is required,
    the contractor shall submit the request for a power outage no less
    than two calendar days in advance. The US Government can deny or
    defer a requested outage if they see the need. All outages shall be
    scheduled outside of normal operational hours.

2.  Contractor's Inspection of Work: Contractor shall diligently inspect
    the work to ensure that the equipment is installed in accordance
    with the manufacturer's instructions, and all wiring and conduit
    systems are installed in accordance with the U.S. National
    Electrical Code, and the local electrical code.

3.  Operation Sequence: The new generator and ATS shall be set up to
    provide generator power automatically when utility power is lost or
    is outside of acceptable parameters, and to return to utility power
    after utility power is restored to acceptable parameters. The load
    shall be automatically placed on generator power when any one phase
    is outside the parameters provided in the SOW Attachment 1.

4.  Contractor Contact: A responsible contractor contact shall be
    designated for the duration of the project. That contractor shall
    provide the Embassy contact with a local mobile phone number.

**6.0 TESTING & COORDINATION**

> 6.1 Preliminary Testing: Contractor shall coordinate and advise the
> COR of schedule of final testing to arrange for Government witnesses.
> All preliminary testing of the generator set including the automatic
> transfer switch shall be accomplished in accordance with the
> manufacturer's testing requirements, and shall be conducted when loss
> of power during the transfers will have minimum effect on critical
> building loads. The contractor shall report, in writing, the result of
> the testing for:

(a) Engine-generator Safety and Alarms: The Contractor shall perform
    testing to verify that all engine-generator alarms and shutdown
    devices work as designed.

(b) Engine generator load testing: The Contractor shall perform all
    testing required to verify the proper operation of the complete
    generator power system (in a simulated loss of utility power) for a
    minimum of four hours run time on generator.

    2.  Testing Witnessing: The above test shall be repeated twice
        consecutively without any abnormalities as a minimum to ensure
        the systems will function satisfactorily as designed. The
        Government shall witness this testing and provide acceptance of
        the results. The Contractor shall submit the detailed written
        result of the operational testing, and shall certify the overall
        result, pass or fail. With Contracting Officer's Technical
        Representative (COR) approval, the contractor shall correct any
        problem discovered during the above tests. Re-testing of the
        system shall be coordinated with the COR until a passing
        (satisfactory) result is obtained.

    3.  Demolition and Removal: All removed materials and equipment
        shall be removed and disposed of by the contractor in a proper
        manner.

    4.  Training: The contractor shall provide not less than four hours
        training to all interested Embassy personnel in operation,
        maintenance, and troubleshooting of the new generator set and
        automatic transfer switch.

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7.  **EMBASSY INSPECTION AND ACCEPTANCE**

Upon successful testing and demonstration of the completed project, the
contractor shall submit written operation testing results, and copies of
completed manufacturer's recommended testing checklists. Embassy
Contracting Officer or his representative shall then conduct the final
inspection and acceptance of the project and prepare the project
acceptance documentation.

8.  **WARRANTY**

> All contractor supplied equipment and all work performed by the
> contractor shall have a one-year warranty [from date of Government's
> acceptance of the overall project]{.underline}, not from the date that
> the generator is first operated. Contractor shall furnish the name,
> address and telephone number of guarantor or his representative to
> notify in the event of a failure in the standby power system during
> the warranty period. Contractor shall also provide a written list of
> manufacturer's warranties associated with the material/equipment
> installed; furnish the name, address and telephone number of the
> guarantor's representative of the equipment being furnished.
> Contractor or his representative shall coordinate with the
> material/equipment manufacturer, upon request by the Embassy or his
> representative, shall honor the warranty during the warranty period,
> and shall provide the services under this warranty as necessary to
> repair the equipment specified in this contract. Labor and material
> incurred during the repair or replacement of parts/equipment under the
> warranty period shall be at contractor's expense and at no cost to the
> U.S. Government. It must be stressed that the warranty is the full
> responsibility of the contractor, and the contractor must respond to
> provide warranty repairs within 24 hours of reported problems. If the
> contractor chooses, he may pursue reimbursement under an equipment
> manufacturer warranty, but that shall not be a reason to delay or
> defer his warranty service.

1.  **CONTRACTOR SERVICES**

> The contractor shall provide all installation drawings, materials,
> labor, project inspection, coordination and testing and other
> incidental work for a complete operational generator power system. The
> installation drawings shall be prepared by the contractor, and
> submitted to the Contracting Officer Representative (COR) for review
> and approval. Contractor shall carry out the work in accordance with
> the COR approved installation drawings. No work may start without
> approved installation drawings.

9.  **DRAWING FORMAT**

> All installation drawings shall be in hard metric. All drawings,
> specifications, if any and correspondence shall be in English. All
> drawings shall be the same size, approximately 0.60m x 0.90m. All
> drawings shall be in AutoCAD file Data Disks and in PDF. Upon
> completion of the project, the Contractor shall submit two sets of
> as-built installation drawings to the Contracting Officer for Embassy
> and OBO/OM/FAC distribution. In addition, the contractor must provide
> two sets of AutoCAD and PDF drawing files in diskette (one for Embassy
> and one for OBO/OM/FAC).

10. **PRICE AND STEPS**

> **11.1** Provide a fixed cost price in US dollars to meet this scope
> of work. The fixed cost price shall include all direct costs for
> labor, materials, and equipment, and burdens for overhead profit and
> taxes. The Contractor shall submit the cost proposal for each task
> towards installation of a completely operational generator power
> system in accordance with the requirements specified in this Scope of
> Work. Costs proposed for each task shall be subject to negotiation.

1.  Site Survey: Perform a site survey and determine site conditions,
    existing equipment layout, and location of electrical services and
    panels. Determine location and orientation of the new generator set
    with emphasis on proper exhaust, ventilation, and air flow to allow
    proper operation per manufacturer requirements.

2.  Preparation of Installation Drawings: Prepare installation drawings,
    specifications, and Bill of Materials in accordance with this scope
    of work and generator set specification and from the information
    found during the site survey. Installation drawings shall also
    incorporate the requirements of the equipment manufacturer's
    installation instructions. All field wiring shall be in accordance
    with the U.S. National Electrical Code, and the local electrical
    Code, and installation requirements of the generator and ATS
    manufacturers.

3.  Installation: Upon COR notification of installation drawings
    approval and notice to proceed on installation, the contractor shall
    commence procurement of materials and mobilization to implement the
    project. Provide all materials, equipment, trenching and backfill,
    and labor for a complete operational generator power system,
    including all accessories, incidentals, and miscellaneous work such
    as the modification of the power distribution system to phase-in the
    generator set, required testing in accordance with the requirement
    of this scope of work, and any civil works needed to accomplish the
    project successfully.

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11. **ADMINISTRATIVE REQUIREMENTS**

> Meetings: The Contractor shall attend a minimum of three meetings with
> the Embassy representatives. For planning purposes, these meetings
> shall be site survey, installation progress review, and project
> acceptance testing meeting. Schedule dates for the meeting shall be
> determined by the COR and all concerned.

12. **INSTALLATION REQUIREMENTS**

    1.  General: All materials to be installed shall be all new. The
        Contractor shall carry out the installation in accordance with
        the contractor prepared, COR approved installation drawings. The
        contractor shall manage, administer, supervise and inspect the
        installation. The proper management of all work shall be the
        sole responsibility of the contractor. Coordination shall be
        continuous during the installation phase with the on-site US
        Government representative.

    2.  Safety: Safety is the highest priority on this and all US
        Embassy projects. The contractor shall direct all of those under
        his charge to work safely. Regular safety meetings shall be held
        among on-site contractor personnel, and safety concerns shall be
        brought to the attention of the Post Safety and Health Officer
        (POSHO) and the COR.

    3.  Installation Submission Requirements: Prior to commencement of
        installation, the contractor shall provide the Contracting
        Officer the following for his/her review and approval to ensure
        conformance with the contract requirements:

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(a) Detailed contractor Organization description including list of
    subcontractors, if any and description of roles. Personal
    information on all individuals involved in the project shall be
    submitted to the Embassy Regional Security Office (RSO) for site
    clearances.

(b) Detailed installation schedule describing each key installation
    activity. The contractor shall develop all activities to minimize
    power interruptions affecting Consular Building operations.

    1.  Contractor Personnel: The contractor shall furnish sufficient
        personnel with the technical knowledge and experience necessary
        to complete the work. The contractor shall designate an English
        speaking contractor's site supervisor who will be responsible
        for all contractor personnel and daily work as needed. The
        contractor shall inspect the job site for progress and ensure
        work is accomplished in accordance with this scope of work.

    2.  Documentation: The contractor shall obtain, maintain, and pay
        for all required insurance, licenses, permits and certificates,
        if required to perform the work prior to commencement and for
        the duration of the work.

    3.  Schedule: The contractor shall carefully execute the work in a
        manner acceptable to the Contracting Officer, and avoid
        interference or accidental damage to the government equipment or
        existing property. All scheduling shall be coordinated with the
        Contracting Officer or his/her representative. Onsite electrical
        installation work at the Consular Building is required to be
        completed in less than 20 calendar days on site from start to
        finish. Onsite civil work may be done in advance of the
        electrical work. If the contractor is unable to comply with
        these dates, he must state this clearly in his cost submittal
        and must denote an alternate schedule that he can meet.

    4.  Work Organization and Restoration: The contractor must recognize
        that this is an important representational property for the US
        Government and shall keep the work site clean and organized. The
        contractor shall clean up the site daily before departure from
        the site and shall dispose of all debris from the work areas.
        The contractor shall backfill all trenching, and shall provide
        safety barriers around all open trenching.

    5.  Final Interconnection: The contractor shall coordinate with the
        COR to make final cable/wiring connections to the existing power
        distribution system including its modification.

    6.  Site Access: Contractor will have the use of the project site in
        its entirety within security guidelines, coordinating access
        with Embassy representatives. The contractor will receive the
        right of entry and compound access to the project site after the
        Notice to Proceed of installation. Once the site work begins,
        the contractor shall be responsible for compliance with the
        Embassy security rules and regulations.

    7.  Coordination: Contractor shall coordinate with the Embassy
        representatives and secure approval for site area authorization
        within the contract limits such as for mobilization, operation
        of contractor's equipment, and storage. At substantial
        completion of the project, all mobilization support equipment
        and accessories shall be removed from the site. Before the
        project is closed out, and in accordance with the approved
        installation schedule, the site shall be cleared of all
        installation debris and other materials, and restored to
        original pre-installation condition. All contractor vehicles
        must remain outside of the Consulate property except for
        prearranged delivery and removal of materials. The will be no
        parking within the property.

    8.  Construction Power: During installation, the contractor shall
        provide temporary power from Consulate power sources for his use
        as needed. The contractor shall ensure that he does not overload
        any circuits that he uses for temporary power. The contractor
        shall not be charged for temporary power taken after the
        Consulate meter. This requirement shall be coordinated with the
        Embassy representatives in advance to determine the power source
        connections. The contractor shall remove the temporary power
        connections after completion of the project. All temporary
        connections shall be properly protected electrically and safe
        for area personnel.

    9.  Existing Facilities/Buildings: The contractor shall exercise
        care not to damage existing facilities and equipment during
        installation. Existing facilities and existing equipment which
        are damaged, accidental or not, shall be repaired or restored to
        original condition at no cost to the U.S. Government. Building
        alterations shall be coordinated in advance with Embassy
        representatives. Opening or removing perimeter walls or doors
        must be coordinated in advance with Embassy security personnel.

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13. **PREPARATION OF INSTALLATION DRAWINGS: SUBMISSION**

**REQUIREMENTS**

1.  Submittal: Prior to equipment procurement and installation, the
    contractor shall submit to COR, two (2) sets of installation
    drawings, specifications of materials/equipment to be procured,
    including catalog data/cut sheets of equipment and materials, and
    his installation schedules for COR review and approval. The
    specifications or catalog data/cut sheets of equipment must include
    the generator, ATS, circuit breakers, batteries, battery charger,
    conduit, electrical cables, etc.

2.  Government Review: The US Government shall review the contractor
    furnished submittal documents above for conformance with the
    contract requirements within 21 calendar days of receipt. Review
    comments will be provided to the contractor, in writing.

3.  Incorporation of Changes: Contractor shall respond to the comments
    in writing within 21 calendar days of receipt and incorporate
    comments into the final installation drawings. Comments not accepted
    by the contractor shall be brought to the COR in writing immediately
    for resolution. Decisions by the COR with respect to incorporation
    of comments deemed to be within the scope of work of this project
    will be final. Review comments recognized by the COR requiring
    actions outside this scope of work requires contract modification
    and will not be required until the CO issues a Notice to Proceed.
    Any comments if within the scope of work, as judged by the CO, shall
    be incorporated into the final installation drawings at no
    additional cost to the Government.

4.  Work Quality: Any work rejected by the CO as incomplete, erroneous,
    uncoordinated, or not meeting the scope of work requirements, shall
    be corrected and resubmitted within 21 calendar days of
    notification.

5.  Drawing Maintenance: The contractor shall furnish final as-built
    installation drawings to the U.S. Government at the conclusion of
    the project.

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14. **PROJECT SCHEDULE**

> The installation work is desired to commence no later than June 30,
> 2008. An alternate commencement date shall be coordinated with the CO
> as needed by the US Government. The on-site electrical installation
> work shall be completed within 20 calendar days of start. The civil
> work may be done in advance of the electrical at any time after the
> approval of the installation drawings. The contractor shall not
> deliver any equipment or materials to the site prior to the agreed
> start date.

15. **DELIVERABLE** **DOCUMENTS**

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(a) Two (2) sets of Installation Drawings (100% complete) for Government
    review sent by Federal Express or other three day or less delivery
    method. One set shall be sent to the CO and one set to the
    Electrical Engineer in Springfield, VA at the address provided in
    this SOW.

(b) Two (2) sets of Installation Drawings (FINAL document) sent by
    Federal Express or other three day or less delivery method for
    Government review after all review comments are incorporated and
    installation drawings issues are resolved. One set shall be sent to
    the CO and one set to the Electrical Engineer in Springfield, VA.
    This step can be skipped if there are no changes to the drawings
    submitted in Part (a) above. This step shall be repeated until
    acceptable and correct drawings are accepted.

(c) After completion of the installation, two (2) sets of as-built
    drawings shall be provided for Government record. One set shall be
    sent to the CO and one set to the Electrical Engineer in
    Springfield, VA.

(d) After completion of the installation, two sets of AutoCAD file data
    disk containing the as-built drawings shall be provided. One of the
    sets shall be forwarded to the CO and one set to the Electrical
    Engineer in Springfield, VA.

(e) Minimum two sets of maintenance, operation, and troubleshooting
    manuals and manufacturers warranties clearly showing serial numbers
    for the generator set and automatic transfer switch shall be
    provided. One of the sets shall be forwarded to the CO and one set
    to the Electrical Engineer in Springfield, VA.

\(g\) Submission shall be forwarded to the following by DHL:

(a) **Contracting Officer**

**Maura Pellet, U.S. American Embassy Kyiv**

> **Kyiv, Ukraine**

(b) **Mr. Richard Crowson, PE**

> **Tel: 703-452-8883**

##  Electrical Engineer {#electrical-engineer .unnumbered}

##  Fax: 703-452-8841 {#fax-703-452-8841 .unnumbered}

##  US Department Of State  {#us-department-of-state .unnumbered}

##   {#section-1 .unnumbered}

**OBO/OM/FAC/PS**

**8380 Alban Rd**

**Springfield, Virginia 22150**

**E-mail: CrowsonRH@state.gov**

**16.0 CONTRACTING OFFICER'S REPRESENTATIVE (COR)**

> The COR for this project is:
>
> **Alan Sprague, Facility Manager Tel: 3-8-044-490-4020**

**U.S. Embassy Kyiv Fax: 3-8-044-490-4085**

**Kyiv, Ukraine**

**Email: SpragueAF@State.gov**

**[ATTACHMENTS to the Scope of Work]{.underline}:**

1)  STANDBY GENERATOR/AUTOMATIC TRANSFER SWITCH TECHNICAL REQUIREMENTS

2)  EXISTING ELECTRICAL ONE-LINE

3)  PROPOSED ELECTRICAL ONE-LINE

**ATTACHMENT 1**

> **STANDBY GENERATOR/AUTOMATIC TRANSFER**
>
> **SWITCH TECHNICAL REQUIREMENTS**
>
> **U.S. Consulate Building -- Kyiv, Ukraine**

1.  **INTRODUCTION**

> This Attachment contains technical requirements related to the diesel
> generator and *Automatic Transfer Switch* (ATS).

2.  **OPERATING ENVIRONMENT**

> All system components are required to start, provide continuous full
> rated load, and perform within specifications for the following
> environmental conditions:

1.  Ambient temperature: -40^o^ C to 40^o^ C

2.  Relative humidity: up to 100%

3.  Elevation: up to 500 meters

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3.  **EQUIPMENT TO FURNISH AND INSTALL**

    1.  One (1) Diesel-Generator Set in outdoor-rated enclosure

> To be rated 1500 RPM, 50 Hz, 100 kVA (80kW) or higher, 380Y/220 Volts,
> 3-phase, 4-wire, for standby duty.
>
> The diesel-generator set is to include one (1) skid mounted radiator
> cooled diesel-generator complete with all standard features and the
> following:

1.  Generator to be single bearing, static regulated, brushless, air
    cooled, self-ventilated.

2.  Vibration isolated control panel to include:

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a.  Automatic/manual start stop controls

b.  Ammeter and voltmeter with phase selector switch

c.  Frequency meter

d.  Run-hour meter

e.  Safety shutdowns to include overspeed, low oil pressure, high water
    temperature, overcrank, low coolant level, and emergency stop push
    button.

f.  Voltage and frequency adjustment provisions

    1.  Volts per Hertz compensated solid state voltage regulator.
        Steady state voltage regulation to be 0.5% of rated voltage for
        all loads from no load to 100% load.

    2.  Electronic governor to control engine speed. Steady state
        frequency regulation to be 0.5% of rated frequency for constant
        loads from no load to 100% load.

    3.  Thermostatically controlled jacket water heater to maintain
        32^o^ C water temperature. Water heater to be for 220 or 380 V,
        50 Hz power supply. Heater power supply to terminate at customer
        connection terminal board.

    4.  Anti-condensation heater for generator. Heater to be for 220 or
        380 V, 50 Hz power supply. Heater power supply to terminate at
        customer connection terminal board.

    5.  One (1) heavy-duty 24 VDC lead-acid battery, battery rack, and
        battery cables. Battery capacity to be sufficient to provide
        three (3) fifteen-second engine cranking cycles for all
        operating environments defined in Section 2. Battery capacity is
        based upon maximum time of one (1) minute between cranking
        cycles, and no battery recharge allowed between cranking cycles.

    6.  One (1) generator mounted 3-pole UL or CE listed main circuit
        breaker. Circuit breaker to have isolated neutral, and be rated
        for 380 V 50/60 Hz application.

    7.  One (1) 10-ampere automatic float/equalizing battery charger
        suitable for the batteries specified in Paragraph 3.1.7. Battery
        charger to be for a 220 V, 50 Hz power supply.

    8.  Critical-grade exhaust silencer. Sound level not to exceed 78
        dBA at 7 meters from the generator enclosure.

    9.  Transient performance of diesel engine-generator to be as
        follows for application or removal of load steps of up to 50%
        rated load:

        1.  Maximum voltage variation not more than 10%

        2.  Maximum frequency variation not more than 5%.

> Both voltage and frequency are to recover to the steady state
> operation band within five (5) seconds.

11. Engine lubricating oil

12. Antifreeze (coolant)

13. Fuel line water separator

14. Vibration Isolators

15. Spare parts sufficient for scheduled maintenance specified in the
    service manual for one year (1000 operating hours). Spare parts to
    also include two (2) sets of all fuses, indicating lamps, and spare
    keys.

16. Two (2) sets of installation, operation, and maintenance manuals.
    Include a complete parts list for the unit, and schematic diagrams.

17. One-year warranty covering defects in materials and workmanship,
    beginning on the date the installation project is accepted by the US
    Government.

18. Prior to delivery to site, perform standard factory tests on the
    diesel-generator. Factory tests to include a continuous load bank
    test (resistive acceptable) prior to shipment. Load bank test to
    include 50% block load application and removal, 75% block load
    application and removal, 1 hour at 50% rated load, and 1 hour at
    100% rated load. Test report including continuous log record of
    frequency, phase voltages, and phase currents.

> Diesel-generator must perform within specifications (Paragraphs 3.1.3,
> 3.1.4, 3.1.10 & 3.1.12) for the entire duration of this test.

1.  One (1) Automatic Transfer Switch

> The *Automatic Transfer Switch* (ATS) to be UL 1008 listed, 200 ampere
> rated or higher per manufacturer sizing recommendations, 380/220 Volt,
> 50 Hertz, 3-pole with solid isolated neutral. Short circuit withstand
> rating not less than 30,000 amperes rms symmetrical, complete with all
> standard features and the following:

1.  NEMA Type 3 (outdoor) rated

2.  Automatic and manual operation mechanically and electrically
    interlocked to prevent simultaneous connection of any two sources.

3.  Double throw automatic operation including starting and stopping of
    generator, transfer and retransfer of load, with field adjustable
    pickup and dropout settings, and generator start when utility source
    voltage is below 80% or above 115% of nominal, or frequency is below
    98% or above 102% of nominal.

> Automatic retransfer to utility source, and engine-generator shutdown
> with manufacturer recommended cool-down, when utility source voltage
> and frequency are restored to normal.

4.  Three phase over/under voltage sensing.

5.  One phase over/under frequency sensing.

6.  Time delay on engine start field adjustable up to 10 seconds. Set at
    5 seconds.

7.  Time delay on re-transfer to utility source field adjustable up to
    30 minutes. Set at 10 minutes.

8.  Engine cool down timer adjustable 1-30 minutes. Set at 10 minutes.

9.  Test switch to simulate normal power failure.

10. For the transfer switch, two (2) extra sets of all fuses and all
    lamps.

11. Lugs for normal, load, generator, and neutral cables to be
    mechanical not compression type.

12. Two (2) sets of installation, operation, and maintenance manuals for
    the transfer switch. Include a complete parts list for the ATS, and
    schematic diagrams.

13. One-year warranty covering defects in materials and workmanship,
    beginning on the date the installation project is accepted by the
    U.S. Government.

**C. PACKAGING AND MARKING\
\
**

Mark materials delivered to the site as follows:

**US Embassy, Kyiv**

**Pimonenko St.**

**Consular Building**

 

**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) (a)    commence work under this contract within **[10 calendar
    days]{.underline}** after the date the Contractor receives the
    notice to proceed,

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(a) (b)   prosecute the work diligently, and,

(b) (c)    complete the entire work ready for use not later than **[90
    days after NTP.]{.underline}**

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)**

** **

\(a\) 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 **140.00 USD** 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 "**5 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) (1)   Extend the completion date or obligate the Government to do
    so,

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(1) (2)   Constitute acceptance or approval of any delay, or

(2) (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 9:00-18:00 in regular working days.
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 **Glubochytska 4, Artem Business Center** 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]{.underline} [Quantity]{.underline} [Delivery
Date]{.underline} [Deliver to:]{.underline}

G. Securities/Insurance 1 10 days after award Contracting Officer

E. Construction Schedule 1 10 days after award COR

E Preconstruction Conference 1 10 days after award COR

G. Personnel Biographies 1 10 days after award COR

F. Payment Request 1 last calendar day of COR

each month

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

D Request for Final Acceptance 1 5 days before inspection COR

** **

**F ADMINISTRATIVE DATA**

 

652.242-70 CONTRACTING OFFICER\'S REPRESENTATIVE (COR) (AUG 1999)

 

\(a\) 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 **Alan Sprague, Facility Maintenance
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.

*** ***

The contractor shall show Value Added Tax (VAT) as a separate item on
invoices submitted for payment***.***

*** ***

 

 

**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 10% of the contract price.**\
**

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 on or off the site stated in US Dollars:

**Per Occurrence \$2,000.00**

**Cumulative \$10,000.00**

2.  Property Damage on or off the site in US Dollars:

**Per Occurrence \$5,000.00**

**Cumulative \$35,000.00*\
***

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

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

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

 

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.  \(1\) 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,

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1.  \(2\) 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.  \(1\) 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,

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1.  \(2\) 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 **10 days** to perform.
For each individual the list shall include:

Full Name

Place and Date of Birth

Current Address

Copy of Passport

***\
***

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

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(a) (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://www.arnet.gov/far or, http://farsite.hill.af.mil/search.htm

 

These addresses are subject to change. If the Federal Acquisition
Regulation (FAR) is not available at the locations indicated above, use
the Dept. of State Acquisition Website at
http://www.statebuy.gov/home.htm 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}

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

Contractors Debarred, Suspended, or Proposed for Debarment

(JAN 2005)

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

Items) (MAR 2005)

1.  52.222-1                                           Notice to the
    Government of Labor Disputes (FEB 1997)

52.222-19 Child Labor -- Cooperation with Authorities and Remedies (JAN
2004)

10. 52.225-10                                       Notice of Buy
    American Act/Balance of Payments Program---

Construction Materials (FEB 2000)

52.225-13 Restrictions on Certain Foreign Purchases (MAR 2005)

52.225-14 Inconsistency Between English Version and Translation of

Contract (AUG 1989)

52.228-3 Workers' Compensation Insurance (Defense Base Act);

52.228-4 Workers' Compensation and War-Hazard Insurance Overseas (APR
1984)

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 (OCT 2003)

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 (AUG 1987)

52.243-5 Changes and Changed Conditions (APR 1984)

52.244-6 Subcontracts for Commercial Items (MAR 2005)

52.245-4 Government-Furnished Property (Short Form) (JUN 2003)

52.246-12 Inspection of Construction (AUG 1996)

52.246-21 Warranty of Construction (APR 1984)

2.  52.249-2                                           Termination for
    Convenience of the Government (Fixed-Price)

(MAY 2004) Alternate I (APR 1984)

52.249-10 Default (Fixed-Price Construction) (APR 1984)

 

 

The following clauses are set forth in full text:

 

DEPARTMENT OF STATE ACQUISITION REGULATION (DOSAR) CLAUSES

 

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.

 

652.228-70 INDEMNIFICATION (JULY 1988)

 

The Contractor expressly agrees to indemnify and to save the Government,
its officers, agents, servants, and employees harmless from and against
any claim, loss, damages, injury, and liability, however caused,
resulting from or arising out of the Contractor\'s fault or negligence
in connection with the performance of work under this contract. Further,
any negligence or alleged negligence of the Government, its officers,
agents, servants, or employees, shall not bar a claim for
indemnification unless the act or omission of the Government, its
officers, agents, servants, or employees is the sole competent, and
producing cause of such claim, loss, damages, injury, or liability.

 

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.

 

**I. LIST OF ATTACHMENTS**

 

[ATTACHMENT NO.]{.underline} [DESCRIPTION OF ATTACHMENT]{.underline}
[NO.PAGES]{.underline}

 

Attachment 1 Sample Bank Letter of Guaranty 1

Attachment 2 Breakdown of Price by Divisions 1

of Specifications

**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]{.underline} [Title]{.underline} [No. of Copies]{.underline}\*

I Standard Form 18 including a completed \_\_\_1\_\_

Attachment 4, \"[BREAKDOWN OF]{.underline}

[PROPOSAL PRICE BY DIVISIONS OF SPECIFICATIONS.\
\
]{.underline}

II Performance schedule in the form of a \"bar \_\_\_1\_\_\_\_

chart\" and Business Management/Technical

Proposal.

 

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

American Embassy Kyiv, Ukraine

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

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

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

 

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,

\(4\) Bar chart indicating various portions of the work; when work will
commence and be completed in each section.

[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)

\(a\) 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 [February 20, 11:00
a.m.]{.underline} *\
\
***

\(c\) **Participants will meet at [6 Pimonenko St., Kyiv,
Ukraine]{.underline}**

 

D. \`MAGNITUDE OF CONSTRUCTION PROJECT

It is anticipated that the range in price of this contract will be:

**[between 25,000.00 USD and 100, 000.00]{.underline}**

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

 

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

http://www.statebuy.gov/home.htm

 

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

## 52.215-1 INSTRUCTIONS TO OFFERORS\--COMPETITIVE ACQUISITION (JAN 2004), which is incorporated by reference into this solicitation. K. EVALUATION CRITERIA {#instructions-to-offerors--competitive-acquisition-jan-2004-which-is-incorporated-by-reference-into-this-solicitation.-k.-evaluation-criteria .unnumbered}

 

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 2005)]{.underline}

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

L.4 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 Number:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

 

L.5 [DEFENSE BASE ACT INSURANCE -- COVERED CONTRACTOR
EMPLOYEES]{.underline}

*** ***

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

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

 

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

 

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

 

ATTACHMENT #1

***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 \[Amount
equal to 20% of the contract price in U.S. dollars during the period
ending with the date of final acceptance and 10% of the contract price
during contract guaranty period\], which represents the deposit required
of the contractor to guarantee fulfillment of his obligations for the
satisfactory, complete, and timely performance of the said contract
\[contract number\] for \[description of work\] at \[location of work\]
in strict compliance with the terms, conditions and specifications of
said contract, entered into between the Government and \[name of
contractor\] of \[address of contractor\] on \[contract date\], plus
legal charges of 10% per annum on the amount called due, calculated on
the sixth day following receipt of the Contracting Officer's written
request until the date of payment.

 

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

 

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

 

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

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

Depository Institution: \[Name\]

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

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

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

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

 

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

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

 

ATTACHMENT #2

 

**UNITED STATES DEPARTMENT OF STATE**

**BREAKDOWN OF PRICE BY DIVISIONS OF SPECIFICATIONS**

** **

***(1)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

TOTAL: **[in USD]{.underline}**

Allowance Items:

*** ***

**PROPOSAL PRICE TOTAL:** **[in USD]{.underline}**

Alternates (list separately do not total)

*** ***

***Offeror: Date***

**PRICE BREAKDOWN BY DIVISION OF SPECIFICATION ITEMS**