Iraq Tenders 2004

This Solicitation is 100% set aside for Iraqi firms. The range for this project is $200,000 to $375,000. Bill of material must include name brand or manufacturer of all equipment and appliances. Award will be made to the contractor who provides the best value to the government considering price, period of performance, past performance, quality of materials and capacity to do the work. Period of performance, past performance, quality of materials and capacity combined are approximately equal to price for evaluation purposes. A site visit will be held to view the department building on Saturday April 3rd, at 1300 hrs. Meet at the main office of the Dean. The site visit is mandatory for award consideration. Offers submitted by offerors who did not attend the site visit will be rejected. Proposals delivered in person to Capt Scott Moore prior to the closing date and time will be accepted in addition to those submitted the CPA website or delivered to the Republican Presidential Compound. Capt Moore can be reached at (914) 360-2431. Offerors should submit a list of previous similar construction projects. Include the project title, the price and the customer point of contact and contact information. Limit list two no more than two pages. Company Brochure should be provided if available. Offers are due no later than 1700hrs on 8 Apr 04. The Government reserves the right to reject any and all offers submitted after the closing date. Statement of Work is attached. Questions will be entertained at the site visit. Any other questions and answers will be posted to iraq.org web site.

The work covered by this statement of work consists of furnishing all labor, equipment, materials, testing, inspection, and permits required to perform the design, construction, demolition, repair, operation and maintenance, furniture purchased, inspection and supervision necessary to complete the work herein.

The College of Agricultural in Abu-Ghraib is in disrepair due to lack of funds and the war. The intent of this project is to repair and re-equip the following department buildings (to include offices, hallways, bathrooms and lecture halls within each building): a) Soil and Water Conservation; b) Field Crops / Plant Protection; c) Animal Production d) Food Science; e) Agriculture Extension / Economics; Mechanization building. Equipment finishes, and furnishings shall be a basic style, neutral color and durable quality; meant only to provide for the lasting and basic needs of the students. The intent of this project is to provide completely functional and operational department buildings.

Conduct a complete site investigation and develop comprehensive descriptions of the existing conditions. After site tour, contractors will submit detailed bid proposals to U.S. Government Project Manager. All work under this contract must comply with current applicable International Building Codes and standards using typical Iraqi construction techniques and materials. All products, materials, and equipment shall be new and be commercial grade quality, at a minimum. All work shall be warranted by the contractor for a period of one year after issuance and approval of Substantial Completion by the U.S. Government Project Manager.

Demolition and Clean-Up: The majority of the site and buildings are cleared of debris. All debris, dirt, trash, dead or overgrown vegetation and unnecessary or inappropriate material shall be removed by the contractor. Contractor is responsible for providing covered and secured waste containers. All debris, rubbish and construction waste shall be properly disposed of at available landfills.

Landscaping: Contractor will provide and plant hardy and indigenous plant species to complete basic exterior landscaping scheme for all mentioned buildings.

Electrical Distribution: Provide safe and sufficient power distribution off the existing power grid. Repair or replace all existing building electrical equipment as required to make existing systems completely operational, functional, up to specified code and suitable for guarantee.

Structural Repair: Review and analyze the condition of all structural components including, but not limited to; columns, beams, joists, walls and footings. Notify the U.S. Government Project Manager immediately of any components that cannot be repaired. Repair all other components to no less strength than the original component. If repair cannot be made inconspicuously, the U.S. Government Project Manager must approve the proposed repair.

Doors: Repair or replace all doors that are determined to be faulty. Doors to be replaced or repaired must be approved by the U.S Government Project Manager. All doors shall be lockable. Exterior doors shall have emergency release from the interior side. Provide a master-key plan and three keys each for all doors to the U.S. Government Project Manager. Panic hardware and closers shall be installed on all exterior building doors.

Windows: Repair or replace all windows that are determined to be faulty. Install new aluminum-framed windows in existing openings where existing frames are deemed unsalvageable. Existing, operable window frames shall be repaired to good working order. All windows shall be appropriately secured against weather and theft.

Shelves / Desks: Pre-existing, built-in shelves and / or tables will be replaced and or repaired.

Exterior Walls: The interior and exterior surfaces of exterior walls shall be appropriately repaired where deemed necessary. Repairs should be undetectable. Exterior wall finish shall be clean and homogeneous in color when repair is complete. Clean and smooth the interior surface of all walls for painting. Paint all exposed interior wall surfaces. Ensure exterior walls are weather-tight.

Roof: If the roof is less than forty-percent (40%) damaged or unserviceable, repair and replace those portions required to create adequate drainage, weather protection and structurally-sound envelope. Re-caulk and seal all joints regardless of roof condition. If the roof is more than 40% unserviceable, remove and replace in its entirety to match the existing style. Roof work shall be warranted for 10 years.

Interior Walls: All non-tiled walls shall be patched smooth and painted. Remove all existing damaged finishes, patch the wall smooth and paint.

Ceilings: All existing permanent ceilings shall be repaired and/or patched if needed. Repairs should be undetectable and provide a paintable finish. Paint all concrete or plaster ceilings if needed.

Floors: Repair all floors or wall tiles and steps with the same methods and materials as the existing floor, tiles and steps. If tiles and/or steps within one area bounded by walls are more than forty-percent (40%) damaged and/or missing, replace entirely within that area, matching existing. Replace any minimal missing or damaged tiles to match existing. All floors shall be cleaned and polished to a suitable finish to the satisfaction of the U.S. Government Project Manager.

Base: Replace all bases along all walls if needed. Base should match existing floor finishes as close as possible.

Toilet Rooms: Toilet rooms shall be finished in basic, neutral finishes. Walls shall be of securely grouted, ceramic tile and sealed to be waterproof. Ceilings should be clean and smooth and painted with one coat of primer and two coats of flat, opaque paint. Flooring shall be ceramic tile, securely grouted with a smooth and waterproof finish. Each toilet shall be enclosed in private rooms lockable by thumb-turn locks on the interior with occupancy indicators on the exterior. Provide standard toilet paper dispensers with supplies readily available locally. Provide a wall-hung shelf above each toilet and sink. Provide a mirror above each sink. Provide disposable towel dispensers with supplies readily available locally. Provide sufficient exhaust and at least one floor drain for each toilet room. Lighting may be ceiling or wall mounted. All hardware and accessories shall be of neutral or chrome metallic finish.

Showers: Repair or replace all shower heads. Repair and replace existing tile as neccessay.

Janitorial Spaces: Janitorial Spaces shall have basic lighting, neutral paint, and concrete or tiled floors. Janitorial spaces shall be provided with floor mounted mop sinks.

All mechanical design and construction must comply with the International Mechanical Code unless otherwise approved in writing by the U.S. Government Project Manager.

Cooling units: Install a cooling fan unit for each lecture hall and main office area for each department. For large lecture halls more than one cooler will be installed. All units and associated equipment must be provided by the same manufacturer. Cooling unit must be approved by U.S. Government Project Manager.

Exhaust and Ventilation: Provide outside air ventilation as required by the International Mechanical code and occupancy. Provide exhaust fans with gravity dampers in Toilet Rooms, and other areas, as required. Air intakes should be located as high as possible to minimize sand and dirt infiltration. Equipment should be selected for performance in desert environments and minimal noise levels.

All electrical design and construction must comply with the International Electrical Code unless otherwise approved in writing by the Government Project Manager.

Interior Electrical Service: Install new or completely repair existing building electrical power and lighting system to include commercial grade wiring, panels, breakers, switches, outlets, junction boxes, connectors and fixtures. Use existing raceways and/or conduit to the fullest extent possible adhering to the Electrical Code. Add appropriate transformer and electrical service to the building. The following should be independently hard-wired to accommodate a future emergency generator and automatic transfer switch on the critical building systems: fire alarm system and emergency lighting / signage circuits. Conduit and associated wiring components shall be concealed within finished spaces. Panel boards shall be circuit-breaker equipped and designed for no less than ten percent (10%) spare breakers. Any electrical device within 1.8 m of a potential water source shall be ground fault protected.

Lighting and Outlets: Provide new lighting, switched power outlets and lighting switches as required by Codes and Standards for the occupancy types. However, a minimum one electrical outlet should be placed in each room. All Lighting design for the facility should be fluorescent, energy efficient, low-heat producing, readily available in Iraq and be prescribed so that no more than four (4) different types of bulbs are required.

Telephone Lines: Telephone lines and jacks will be emplaced in each administrative office.

Emergency Lighting: Install new and complete hard-wired emergency lighting system and emergency evacuation signs to associated emergency egress. This shall be tied to the critical systems circuits on automatic transfer to generator power.

Fire Alarm System: Install new and complete hard-wired fire alarm system to include all detectors, pull stations, alarms, conduit, connectors, conductors, panels and other associated material and equipment. This shall be tied to the critical systems circuits on automatic transfer to generator power. Submit the proposed design for approval prior to ordering materials.

Fire Extinguishers: Provide a minimum of two (2), 8 kg or greater, fire extinguishers per 100 square meters. All fire extinguishers shall be wall-mounted and shall be of the Halon ABC type.

All plumbing design and construction must comply with the 2002 International Plumbing Code unless otherwise approved in writing by the U. S. Government Project Manager.

Exterior: Repair or replace preexisting irrigation/spigots to ensure they are in working order.

Interior Plumbing: The plumbing system shall be installed and/or repaired complete with necessary fixtures, fittings, traps, valves, drains and accessories to be fully operational and free of leaks. Piping shall be connected to exterior service lines as codes and standards require to a reliable potable water source and sanitary sewer or septic system. Provide insulation to control sweating. Replace all cover plates and floor drains and add new where missing.

Sewer: Design, install, and repair existing where possible, a complete building sanitary sewer and gray water system to include all piping, fittings, hangers, straps, flanges, traps, drains, vents, gray water storage and fixtures. Sump pumps and/or lift stations shall be installed as design deems appropriate to adequately move all potential waste.

Water: Design, install, and repair existing where possible, a complete building water supply system to include all piping, fittings, hangers, straps, valves, faucets and fixtures. Elevated water storage shall be repaired, improved and/or replaced to provide adequate potable water supply to the facility.

Water Tanks: Repair and/or install new water tanks to ensure adequate water for facility.

Hot Water Heaters: Provide new electric, commercial hot-water heaters capable of providing a minimum of 49 degree Celsius (C) hot water to all sinks and shower heads within 30 seconds of faucet operation. Water heater must have a minimum 10 year warranty. Hot water heaters shall be located where adequate maintenance access is possible, unless otherwise approved by the U.S. Government Project Manager.

Purchase and placement of such equipment to be approved by U.S. Government Project Manager.

Dry erase boards: Install one dry erase board (minimum 4m x 2m) in each lecture hall.

Bulletin Boards: Install 40 bulletin boards (minimum 2m x 2m) in selected areas within buildings.

Language: At least one representative of the contractor shall speak, read and understand English.

Criteria for awarding the contract: Criteria will be based on a proposed work plan for accomplishing the work of all areas mentioned above. Past performance, experience of jobsite personnel and quality control procedures will be considered. A written submittal detailing this information will be included as part of the bid package. Iraqi contractors and use of local labor force will be given priority for bid selection.

Submit a detailed list of the number and type of all materials to be used. For example, the number of new doors to be supplied, the brand of the door and the individual unit cost.

Codes and Standards: All new and renovated work must comply with the International Building, Plumbing, Mechanical, Electrical Codes and their references.

Submit all manufacturers’ specifications, operation and maintenance manuals, training manuals and training procedures, quality control procedures and safety, security and environmental protection procedures to the U.S. Government Project Manager. Items for review shall be submitted and approved by the U.S. Government Project Manager prior to ordering material. All reviewed submittals shall be returned to the Contractor within three (3) days of submittal for review. Submit items at the time so determined by the U. S. Government Project Manager

Submit the following for U.S. Government Project Manager for review and approval:

• Preliminary drawings, concept drawings for architectural, mechanical, site work, electrical interior, electrical service and landscaping.

• Final drawings for architectural, mechanical, site work, electrical interior, electrical service and landscaping

• Manufacturer information and catalog cuts of major equipment items – including but not limited to mechanical equipment units, cooling units, water heaters, water tanks, boilers, expansion tanks, generators, transformers, switchgear.

Within three (3) days of award, Contractor shall provide a construction schedule indicating submittal dates, milestone completion and installation dates. Completion of the project must be no later than 15 June, 2004. Scheduling of project-related activities and sub-activities, dependent or independent, and changes thereto to meet anticipated and unanticipated events or changed situations as may develop are the responsibility of the Contractor. The U.S. Government Project Manager must be advised of all proposed schedule changes.

Prepare and deliver a weekly target work schedule report to the U.S. Government Project Manager. Identify progress made the previous weeks and expected progress for the upcoming weeks. There will be a weekly progress meeting to discuss job and progress status.

The project site shall be kept clean at all times. Each day all daily trash and debris will be place in covered and secured containers. When covered containers are full, they must be emptied properly off-site. All equipment and materials shall be properly stored and stowed.

Available Services: Contractors should not assume electricity or water is available on site unless identified during site visits.

Work may be subcontracted; the contractor must submit request for approval of Subcontracting companies and any workers on the site through the U.S. Government Project Manager.

Perform all quality control throughout the duration of construction, installation, testing and commissioning. Contractor will witness tests of primary components and be responsible for coordinating and conduction of all testing at not additional cost to the Government.

All persons on-site shall wear proper personal protection. The Contractor alone is responsible for the safety of all workers and authorized visitors of the site. The Contractor shall comply with the Corps of Engineers Safety Manual EM-385-1-1 (http://www.usace.army.mil/publications/eng-manuals/em385-1-1/toc.htm). The Contractor shall be responsible for the enforcement of all safety requirements including, but not limited to, use of hard hats, safety glasses, safety belts, tool tethers while working overhead, safety bones, and preventing personnel from working overhead while others are working underneath. The Contractor shall provide protection of persons and property throughout the progress of work. Lead free paint will be used exclusively. Removal of existing lead paint and asbestos will be removed in accordance with international safety standards.

Contractor is responsible for the security of the workers, authorized visitors, building and materials and related debris during the period of construction. Contractor is responsible for reporting any security incidents with personnel or property to the U.S. Government Contract Manager.

The U.S. Government Project Manager will be informed at least seven days in advance of the following activities:

• Written notice of project completion and Government Project Manager’s approval

• Operation and Maintenance manuals for all equipment and hardware, three copies

OMB APPROVAL NO. 2700-0042

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO

DABV01-04-R-0023

2. TYPE OF SOLICITATION

SEALED BID (IFB)

[x ] NEGOTIATED (RFP)

3. DATE ISSUED

31 Mar 04

PAGE OF PAGES

1 of 12

IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

DABV01-04-C-

5. REQUISITION/PURCHASE REQUEST NO.

6. PROJECT NO.

BU Ag College/Department Building

7. ISSUED BY CODE

8. ADDRESS OFFER TO

Coalition Provisional Authority Contracting Activity

Republican Presidential Compound

Baghdad Iraq

Same as Block 7.

9. FOR INFORMATION

CALL:

A. NAME

Maj Mario J. Troncoso

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

703-343-9218

SOLICITATION

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”

This Solicitation is 100% set aside for Iraqi firms.

The range for this project is $200,000 to $375,000. Bill of material must include name brand or manufacturer of all equipment and appliances.

Award will be made to the contractor who provides the best value to the government considering price, period of performance, past performance, quality of materials and capacity to do the work. Period of performance, past performance, quality of materials and capacity combined are approximately equal to price for evaluation purposes.

A site visit will be held to view the department building on Saturday April 3^rd, at 1300 hrs. Meet at the main office of the Dean. The site visit is mandatory for award consideration. Offers submitted by offerors who did not attend the site visit will be rejected.

Proposals delivered in person to Capt Scott Moore prior to the closing date and time will be accepted in addition to those submitted the CPA website or delivered to the Republican Presidential Compound. Capt Moore can be reached at (914) 360-2431.

Offerors should submit a list of previous similar construction projects. Include the project title, the price and the customer point of contact and contact information. Limit list two no more than two pages. Company Brochure should be provided if available.

Offers are due no later than 1700hrs on 8 Apr 04. The Government reserves the right to reject any and all offers submitted after the closing date.

Statement of Work is attached.

Questions will be entertained at the site visit. Any other questions and answers will be posted to iraq.org web site.

11. The Contractor shall begin performance within 10 calendar days and complete it within __ calendar days after receiving

award, notice to proceed. This performance period is mandatory, negotiable. (See _52.211-10________.)

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If “YES,” indicate within how many calendar days after award in Item 12B.)

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __1_ copy to perform the work required are due at the place specified in Item 8 by ___ (hour) local time _______ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

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.

D. Offers providing less than ___ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

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

Computer Generated Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

Inspection and acceptance will take place at the Agricultural College, Baghdad Iraq.

Performance will take place at the Agricultural College, Baghdad Iraq. The performance period is __ calendar days from the date of contract award.

Standard Terms and Conditions for Solicitations and Contracts in Excess of $5,000

1. Submission of Offers. The contractor will submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in the solicitation. Offers may be submitted on letterhead stationery or as otherwise specified in the solicitation. At a minimum, offers must show:

d. A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary.

i. Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers, and other relevant information)

j. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

2. Period for Acceptance of Offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

3. Product Samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense, and returned at the sender’s request and expense, unless they are destroyed by preaward testing.

4. Multiple Offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

a. Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Contracting Officer designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 1630 hours, local time, for the designated contracting office on the date that offers or revisions are due.

b. Any offer, modification, revision, or withdrawal of an offer received at the contracting office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition, and

1) if it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the contracting office not later than 1700 hours one working day prior to the date specified for receipt of offers, or

2) there is acceptable evidence to establish it was received at the location designated for the receipt of offers and was under government control prior to the time set for receipt of offers, or

3) if the solicitation was a request for proposals, it was the only proposal received.

c. However, a late modification of an otherwise successful offer that makes the offer’s terms more favorable to the contracting organization issuing the solicitation will be considered at any time it is received and may be accepted.

d. Acceptable evidence to establish the time of receipt at the contracting office includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of contracting office personnel.

e. If an emergency or unanticipated event interrupts normal processes so that offers cannot be received at the contracting office designated for receipt of offers by the exact time specified in the solicitation, and urgent requirements preclude amendment of the solicitation or other notice of the extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal processes resume.

f. Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

6. Contract Award. The Contracting Officer intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Contracting Officer reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Contracting Officer may reject any or all offers if such action is in the public interest; accept other than the lowest-priced offer; and waive informalities and minor irregularities in offers received.

7. Multiple Awards. The Contracting Officer may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the schedule, offers may not be submitted for quantities less than those specified. The Contracting Officer reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

8. Evaluation. The Contracting Officer will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the contracting activity, price and other factors considered. The following factors shall be used to evaluate offers.

9. Options. The Contracting Officer will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Contracting Officer may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Contracting Officer to exercise the option(s).

10. Notice of Award. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance of the offer, shall result in a binding contract without further action by either party. Before the offer’s scheduled expiration time, the Contracting Officer may accept an offer (or part of an offer) whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

11. Protests. A contractor wishing to object to the terms of a solicitation, the termination of a solicitation, the award of a contract, or the termination of the award of a contract, shall present the matter to the Contracting Officer for an initial decision. The contractor shall state to the Contracting Officer the basis for the protest. If the contractor does not agree with the Contracting Officer’s initial decision, the Contractor may appeal the initial decision to the Head of Contracting Activity, CPA, for resolution. The decision of the Head of Contracting Activity, CPA, shall be the final decision in the matter.

12. Evaluation of Foreign Currency Offers. If the Contracting Officer receives offers in more than one currency, the Contracting Officer will evaluate offers by converting the foreign currency to United States currency using ________________ rate in effect on the date specified for receipt of offers, if award is based on initial offers, or, if award is based on revised offers, on the date specified for receipt of proposal revisions.

13. Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Contracting Officer reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Contracting Officer may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Contracting Officer must exercise the post-acceptance rights:

a. Within a reasonable time after the defect was discovered or should have been discovered, and

b. Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

14. Assignment. The Contractor shall not assign, transfer, or make any other disposition of this Contract, or any part thereof, without the prior written consent of the Contracting Officer.

15. Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

16. Disputes. This contract is not subject to the Contract Disputes Act of 1978, as amended (41 U.S. Code, Sections 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the United States Federal Acquisition Regulation Clause 52.233-1, Disputes, which is incorporated herein by reference except that appeals from final decisions of a Contracting Officer may only be appealed to the U.S. Armed Services Board of Contract Appeals (ASBCA). The decision of the ASBCA shall be final. The contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

17. Excusable Delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Governmental activity in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

18. Invoice. The Contractor shall submit an original invoice and three copies (or electronic invoice if authorized) to the address designated in the contract to receive invoices. The invoice must include:

c. Contract number, contract line item number, and, if applicable, the order number.

d. Description, quantity, unit of measure, unit price, and extended price of the items delivered.

e. Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on a bill of lading.

g. Name, title, and phone number of person to notify in event of defective notice.

19. Patent Indemnity. The Contractor shall indemnify the Government agency involved in this contract and its officers, employees, and agents against liability, including costs, for actual or alleged direct or indirect contributory infringement of, or inducement to infringe, any patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

20. Payment. Payment shall be made for items accepted by the Contracting Officer that have been delivered to the delivery destinations set forth in this contract. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronics fund transfer payment is made.

21. Risk of Loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pay to the Contracting Officer upon:

b. Delivery of the supplies to the Contracting Officer or a representative at a destination specified in the contract, if transportation is f.o.b. destination.

23. Termination for Convenience. The Contracting Officer reserves the right to terminate this contract, or any part hereof, for the sole convenience of the Government activity. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Contracting Officer using its standard record keeping system, have resulted from the termination. The Contracting Officer, upon reasonable advanced notice, may inspect the financial records relating to this Contract including the amounts paid to subcontractors and the locations where any portion of the Contractor’s performance occurs. The Contracting Officer may review the Contractor’s financial statements upon request.

24. Termination for Cause. The Contracting Officer may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Contracting Officer, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government agency shall not be liable to the Contractor for any amount of supplies or services not accepted, and the Contractor shall be liable for any and all rights and remedies provided by law. If it is determined that the Contracting Officer improperly terminated this contract for cause, such termination shall be deemed a termination for convenience.

25. Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government agency upon acceptance, regardless of when or where the Government agency takes physical possession.

26. Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

27. Immunities. Except as provided in this contract, the Government of Iraq or its agents, including the CPA or other governmental agencies, have not waived any of their privileges or immunities.

28. Legal Status. The Contractor is an independent contractor. The Contractor’s employees will not be considered government employees for any purpose. The Contractor is solely responsible for compensation agreements with employees.

29. Contractor’s Responsibility for Employees. The Contractor is responsible for the professional and technical competence of its employees and will select reliable individuals who will perform effectively in the implementation of this Contract, respect the local customs, and conform to a high standard of moral and ethical conduct. The Contracting Officer may require that the Contractor remove from the job employees who endanger persons or property, or whose continued employment under this contract is inconsistent with the interest of military security.

30. Subcontracting. Except as authorized in this contract, the Contractor may not subcontract any portion of the performance of this Contract to another without the prior written consent of the Contracting Officer. The terms of any subcontract will be subject to and conform with the provisions of this Contract.

31. Indemnification. The Contractor shall defend, indemnify, and hold harmless all government entities involved in this contract, together with the entities’ officers, agents, and employees from and against all suits, claims, or liabilities of any kind arising out of acts or omissions of the Contractor, its employees, or the Contractor’s subcontractors.

32. Insurance. The Contractor represents and warrants that it shall maintain appropriate insurance including general commercial liability and workers compensation coverage in an adequate amount to cover third parties claims arising from or in connection with this Contract. Upon request, the Contractor will provide satisfactory evidence of the insurance required under this article.

33. Use of Names and Symbols. Except as required by this Contract, the Contractor will not advertise or otherwise makes public the fact that it is a contractor to the governmental entity in this Contract, nor will the Contractor use the name or emblem of the governmental entity for commercial purposes.

34. Limitation of Liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the governmental entity for consequential damages resulting from any defect or deficiencies in accepted items.

35, Inconsistency between English Version and Translation of Contract. In the event of inconsistency between any terms of this contract and any transaction into another language, the English language meaning shall control.

36. Correspondence in English. The Contractor shall ensure that all contract correspondence that is addressed to the governmental entity awarding this contract is submitted in English or with an English translation.

37. Conflicts of Interest. The Contractor warrants that no governmental official has received or will be offered by the Contractor any direct or indirect benefit in connection with or arising from the award of this contract. The Contractor agrees that any breach of this provision is a breach of an essential term of this Contract.

38. Order of Precedence (except for Construction Contracts). Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

b. The Assignments, Disputes, Payments, Invoice, Other Compliances clauses of this contract.

c. Addenda to this solicitation or contract, including any license agreements for computer software.

39. Other Compliances. The Contractor shall comply with all applicable laws, rules, and regulations applicable to its performance under this contract.

40. Source of Funds. The obligation under this contract is made with Iraqi Funds, as defined in CPA Memorandum Number 4, dated 19 August 2003. No funds, appropriated or other, of any Coalition country are or will be obligated under this contract.

a. The governmental entity awarding this contract may extend the term of this contract by written notice to the Contractor within ______ days (insert number of days) prior to the end of the term of the contract, or the end of any option period previously exercised under the contract; provided that the Government entity gives the Contractor a preliminary written notice of its intent to extend at least _______(insert number of days) before the contract period (including option periods exercised) expires. The preliminary notice does not commit the governmental entity to an extension. If the Government exercises this option, the extended contract shall be considered to include this clause.

b. At the end of the contract period, or at the end of the final option period under this contract, whichever is later, if the governmental entity requires continued performance of services within the limits and at the rates specified in the contract, the governmental entity may extend the period of performance under this contract for an additional period not to exceed six months, by giving written notice to the Contractor at least ________ days before the end of the contract period or the end of the final option period exercised, whichever is later.

a. If the Contractor fails to perform within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the governmental entity liquidated damages of $__70.00____________ per calendar day of delay.

b. If the governmental entity terminates this contract in whole or in part under the Termination for Cause clause, the Contractor is liable for liquidated damages accruing until the governmental entity reasonably obtains similar delivery or performance. These liquidated damages are in addition to excess costs of repurchase under the Termination for Cause clause.

c. The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Excusable Delay clause.

43. Performance of Work by the Contractor. The Contractor shall perform on the site, and with its own organization, work equivalent to at least _________ percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

a. The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of:

(1) Subsurface or latent physical conditions at the site which differ materially from those indicated in the Contract, or

(2) Unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract.

b. The Contracting Officer shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor’s cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.

c. No request by the Contractor for an equitable adjustment to the contract shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed in paragraph (a) of this clause for giving written notice may be extended by the Contracting Officer.

d. No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

a. The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground; (5) the character of equipment and facilities needed preliminary to and during work performance. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as the information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the governmental agency involved, as well as from the drawing and specifications made a part of this contract. Any failure of the Contractor to take the action described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the governmental agency involved.

b. The governmental agency involved in this contract assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government, nor does the governmental agency assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract.

a. All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limited competition. The Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract.

b. The Contractor shall obtain the Contracting Officer’s approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officer’s approval of the material or articles which the Contractor contemplates incorporating into the work. When requesting approval, the Contractor shall provide full information concerning the material or articles. When directed to do so, the Contractor shall submit samples for approval at the Contractor’s expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection.

c. All work under this contract shall be performed in a skillful and workmanlike manner. The Contracting Officer may require, in writing, that the Contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.

47. Superintendence by the Contractor. At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

48. Permits and Responsibilities. The Contractor shall, without additional expense to the governmental entity awarding this contract, be responsible for obtaining any necessary licenses and permits, and for complying with any laws, codes, or regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occurs as a result of the Contractor’s fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

49, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

a. The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and take such other action as the Contracting officer may direct.

b. The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site, and (2) on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

a. The Contractor shall confine all operations (including storage of materials) to areas authorized or approved by the Contracting Officer. The Contractor shall hold and save the government entity awarding this contract, its officers and agents, free and harmless from liability of any nature occasioned by the Contractor’s performance.

b. Temporary buildings (such as storage sheds, shops, offices) and utilities may be erected by the Contractor only with the approval of the Contracting Officer and shall be built with labor and materials furnished by the Contractor without expense to the governmental entity awarding this contract. The temporary buildings and utilities shall remain the property of the Contractor and shall be removed by the Contractor at its expense upon completion of the work. With the written consent of the Contracting Officer, the buildings and utilities may be abandoned and need not be removed.

c. The Contractor shall, under rules established by the Contracting Officer, use only established roadways, or use temporary roadways constructed by the Contractor when and as authorized by the Contracting Officer. When materials are transported in prosecuting the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by law or regulation. When it is necessary to cross curbs and sidewalks, the Contractor shall protect them from damage. The Contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads.

51. Cleaning Up. The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Government. Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer.

a. The Contractor shall provide and maintain work environments and procedures which will:

(1) Safeguard the public and governmental entity personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities,

(2) Avoid interruptions of governmental entity operations and delays in project completion dates, and

b. For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall:

(2) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.

c. Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health and safety of the public or governmental entity personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor’s representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

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

a. The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate approximately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

b. The Contractor shall report progress under the schedule to the Contracting Officer as directed by the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the governmental entity awarding this contract. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and other efforts, and to submit for approval any supplementary schedule or schedules as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.

c. Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor’s right to proceed with the work, or any separable part of it, in accordance with the default terms of the contract.

54. Specifications and Drawings for Construction. The Contractor shall keep on the work site a copy of the drawings and specifications (the written description of the work) and shall at all times give the Contracting Officer access thereto. Anything mentioned in the specifications and not in the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern. If case of difference in the figures between the drawings or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without such a determination shall be at its own risk and expense. The Contracting Officer shall furnish from time to time such detailed drawings and other information as considered necessary, unless otherwise provided.

55. Alternate Disputes Resolution. The parties to this contract agree that swift, inexpensive and amicable resolution of disagreements is in our mutual interest. The parties further agree that Alternative Dispute Resolution (ADR) can contribute significantly to the shared goal of resolving disagreements swiftly and efficiently. Therefore, the parties agree to the non-binding use of ADR in an effort to seek final disposition of disagreements within the time periods set forth below. These time periods are guidelines only and may be altered to fit particular controversies.

The parties agree that any of the following ADR methods may be used at any time during contract performance; mediation, early neutral evaluation, mini-trial, Executive Dispute Resolution Committee consisting of principals of the owner and the builder, Dispute Resolution Board made up of impartial third parties (each party shall select one member and the third shall be selected by the two designated members), and any other non-binding procedure. The parties further agree that the use of ADR is entirely voluntary and nothing is this provision shall affect the rights of either party under the clause entitled “disputes,” FAR 52.233-1.

(a) The contractor shall not employ or subcontract with any persons determined under procedures promulgated by the Iraqi Governing Council to be full members of the Baath Party or affiliated with the organizations set forth at section 2(2) of CPA Memorandum No. 7, Delegation of Authority Under De-Ba’athification Order No. 1, dated November 4, 2003 and therefore prohibited from continued or future employment (hereafter referred to as “prohibited person”). Contractors shall coordinate with the Ministry of Justice to determine whether particular individuals are “prohibited persons”.

(b) If during contract performance, a person employed by the contractor or subcontractor is determined to be a prohibited person under procedures promulgated by the Iraqi Governing Council, the contractor shall, as appropriate:

(c) The contractor shall not display the image or likeness of Saddam Hussein or other readily identifiable members of the former regime or symbols of the Baath Party or the former regime in government buildings or public spaces.

(d) Flowdown. The contractor shall include a comparable clause in all subcontracts and require all subcontractors to flow down the clause.

DABV01-04-R-0023: University of Baghdad, College of Agriculture, Department Building