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OF-347

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SECTION A – PRICING

A.1.0 GENERAL

The Contractor shall provide a technical and cost proposal for professional on-site

coordination of construction activities for a period of one year for the U.S. Consulate

Yekaterinburg Physical Security Upgrade (PSU) project in Yekaterinburg, Russia as

described in the Statement of Work.

A.2.0 PRICING

A.2.1 This is a unit price purchase order for SECTION B Statement of Work Items 1 through

15. Reimbursement of certain expenses in addition to the fixed price is not allowed.

A.2.2 VALUE ADDED TAX

VALUE ADDED TAX (VAT) The Contractor shall include VAT as a separate charge on the

invoice and as a separate line item in section B.

A.3.0 COST SUMMARY

Unit price contract based on a fully loaded hourly rate for full time on-site presence of

60 hours per week for a period of 50 weeks. The hourly rates are fully loaded rates,

including:

all direct and indirect labor costs (including, but not limited to any

premiums relating to overtime and holidays;

all direct and indirect material costs;

insurance;

all overhead and indirect costs, including general and administrative

expenses (G&A); and

profit.

Labor Hour Rates for All Services listed in Section B:

Labor Category Hourly Rate Estimated

Hours

Total

Estimated

Amount

Principal 100

Site Coordinator 3000

Site coordinator after hours,

weekend, holiday work

120

Other 100

Total Not to Exceed Amount: _______________

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The Contractor shall notify the Contracting Officer in writing 60 days before the Contractor

expects the total costs incurred to exceed 75% of any ceiling price/not to exceed amount

listed above.

Site Coordination Services _____________________

VAT _____________________

Total Not to Exceed Amount _____________________

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SECTION B - STATEMENT OF WORK (SOW)

Construction Project Site Coordination Services

B.1 GENERAL

B.1.1 Scope of Work

This SOW is for the provision of professional on-site management coordination services for

the U.S. Consulate Yekaterinburg PSU Project.

B.1.2 Services

1. Provide on-site coordination of GC’s efforts on a 60 hours per week basis.

2. Establish site office in space provided by Consulate

3. Ensure contractor implements all Specifications Division 1 requirements for

construction execution, coordination, security, safety and quality control.

4. Coordinate General Contractor’s two week look-ahead schedule and phasing plan

with Consulate and Cleared American Guard team leader/RSO

5. Oversee implementation of OBO Moscow approved Request for Information

(RFI) responses

6. Ensure materials and equipment meet requirements of OBO Moscow approved

submittals.

7. Observe and verify that materials and equipment are installed in accordance with

contract design and specifications.

8. Review General Contractor Progress Payment requests and make

recommendation for payment

9. Provide daily electronic reports

10. Conduct weekly progress meetings with Post personnel

11. Participate in meetings with Post and City authorities as necessary

12. Provide weekly progress photos

13. Provide photo documentation of installed FEBR products

14. Describe differing site conditions via narrative and photo reporting

15. Produce, in coordination with OBO Moscow and contractor, final project report

and documentation for archives.

B.2 CONTRACT ADMINISTRATION

The Contractor shall not conduct any work that is beyond this Statement of

Work unless directed in writing by the Contracting Officer. Any work done by the Contractor

beyond this SOW without direction from the Contracting Officer will be at the Contractor’s

own risk and at no cost to the Embassy.

B.4 RESPONSIBILITY OF THE CONTRACTOR

B.4.1 The Contractor shall be responsible for the professional quality, technical

accuracy, and the coordination of all other services furnished under this contract. The

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Contractor shall, without additional compensation, correct or revise any errors or deficiencies

in its services.

B.4.2 All documentation produced for this project will become the ownership of the

U.S. Government at the completion of this project.

B.4.3 Any cost associated with services subcontracted by the Contractor shall be

borne by and be the complete responsibility of the Contractor under the fixed price of this

contract.

B.5 SUBMITTAL REQUIREMENTS

B.5.1 The contractor shall provide submittals as described in the above Section B.

OBO Moscow will provide format requirements and sample of reports required.

B.5.2 The Government reserves the right to modify the contract to add services that

may be required of the Contractor during actual construction of the project. These services,

known as construction phase services, may include, but are not limited to, review of shop

drawings, approval of materials and equipment, and approval of proposed substitutions of

materials and equipment.

B.5.3 Section A provides pricing for these services.

B.5.4 Whenever such services are required the Government will issue a modification

to identify the scope of services required. Payment for these services will be negotiated in a

supplemental agreement based on the scope of services, staffing needs, and duration of

services.

B.5.5 TECHNICAL PROPOSAL

B.5.5.1 Contractor shall provide a technical proposal for provision of professional site

coordination services. The technical proposal and pricing of the services will be evaluated on

an equal basis. The USG may award to a higher cost, more technically acceptable proposal.

B.5.5.2 Provide resume of proposed site representative(s).

B.5.3 Provide two page statement of qualifications of firm listing past experience

and capabilities.

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SECTION C - PACKAGING AND MARKING

C.1 Packaging and marking shall follow commercial practice.

C.2 Deliverable items other than letter reports shall be on PDF files.

C.3 The Contractor shall address letters and all deliverables as listed below:

U.S. Embassy Moscow,

8 Bolshoy Devyatinsky per.,

Moscow 121099, Russian Federation.

ATTN: OBO Office

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SECTION D - INSPECTION AND ACCEPTANCE

D.1. INSPECTION

RESERVED

D.2. ACCEPTANCE

RESERVED

D.3. QUALITY PROGRAM REQUIREMENTS FOR DESIGN CONTRACTS

RESERVED

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SECTION E - DELIVERIES OR PERFORMANCE

E.1 PERIOD OF PERFORMANCE

The Contractor shall complete all work required by this contract within a one

year period. Extensions of this contract are permitted on a monthly basis at the monthly rate

specified in Section A.

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SECTION F - CONTRACT ADMINISTRATION

F.1 652.242-70 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.

F.1.1 Duties.

The COR may provide technical advice, substantive guidance, inspections,

invoice approval, and other purposes as deemed necessary under the contract. The COR is

designated as the authority to act for the Contracting Officer in matters concerning technical

clarification, inspection, and acceptance of the Contractor's performance under this contract.

The COR will coordinate all work with the Contractor during the term of this contract. In no

instance is the COR authorized to alter the contract's terms or conditions, including the design

to budget parameter. Such changes must be authorized by the Contracting Officer in a written

modification to the contract. Reference to the project architect within documents incorporated

into this contract shall be read to mean COR.

F.2 INVOICING AND PAYING INSTRUCTIONS

F.2.1 The Contractor shall submit invoices in the original and three copies to the

designated billing address indicated in this contract. The COR will determine whether the

invoice is complete and proper as submitted. The COR also will determine whether billed

services have been satisfactorily performed and whether reimbursable expenses billed are

correct. If the amount billed is incorrect, the COR will, within seven days, ask the Contractor

to submit a revised invoice.

F.2.2 The Contractor shall specifically identify its last invoice as "Final Invoice."

The final invoice shall include the remaining payments due under the basic contract and any

and all modifications issued. The final invoice shall also attach a "Contractor's Release

Certificate". The Contractor should keep one copy of the certificate for its files and include

the others with each copy of the final invoice. If the Contractor has any questions regarding

payment status, contact the COR.

F.2.3 Monthly progress payments pursuant to the contract clause FAR 52.232-10

titled "Payments Under Fixed Price Architect Engineer Contracts" are not authorized.

Payments for deliverable items listed in Section A shall be made in accordance with FAR

52.232-1, "Payments". For reimbursable expenses listed in Section G, payment shall be made

after an acceptable invoice has been submitted by the Contractor. The Contractor shall mail

invoices to:

U.S. Embassy Moscow,

8 Bolshoy Devyatinsky per.,

10

Moscow 121099, Russian Federation.

ATTN: OBO Office

Invoices shall reflect the contract number and the name of the COR.

F.2.4 The Contractor shall not be eligible to receive payments for any subsequent

deliverables until the Government has accepted the previous deliverables.

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SECTION G - SPECIAL TERMS AND CONDITIONS

G.1 SECURITY

G.1.1 Assignment of Non-U.S. Citizens Contractors that desire to assign non-U.S. citizens

to any portion of this contract must obtain the prior approval of the U.S. Government (USG).

Requests for the assignment of non-U.S. citizens at the project construction site shall be

coordinated through the Contracting Officer (CO) or Contracting Officer’s Representative

(COR). The following information must be submitted for each non-U.S. citizen proposed to

participate on the project in any capacity: Full Name (Maiden Name when applicable), Date

and Place of Birth, Country(s) of Citizenship, Citizenship Identification or Passport Number,

Firm Employed with, and brief explanation of participation on contract (such as engineer,

laborer, translator, etc.). In addition, legible photocopies of external/internal passports and

national identification cards and a completed OF174 with supplement will be required. The

prime contractor must coordinate site/post access approval and/or background investigation

as required by the Project Director or designee in accordance with the Site Security Manager

(SSM) and Regional Security Officer (RSO)

G.1.1.1 Contractors/Subcontractors The successful contractor shall advise and obtain the

approval from the COR and the USG SSM of all non-US companies or personnel to be

employed/utilized on this project in any capacity. USG denial of subcontractors for security

reasons can be made without providing the rationale for the denial.

G.1.2 RESERVED

G.1.3 RESERVED

G.1.4 Information required in the approval process must be submitted to the USG for review

and approval 60 days prior to the proposed start of site activities.

G.1.5 Potential non-U.S. subcontractors will be required to furnish the following

information:

Complete names, nationality, date and place of birth, citizenship and position/title (if

appropriate) of: Information concerning ownership of the company;

All key officers of the company;

All key officers or management officials who will work on this project;

Complete business location, address and telephone number;

A listing of all major projects in which the firm was involved during the past 3 years;

A listing of all projects involving the firm outside of the country in which the firm is based

for the past 5 years.

Contractor's base country and base country identification number, if any.

G.1.6 Identification and Handling of Sensitive But Unclassified (SBU) Information. All

documents, such as blueprints, drawings, sketches, notes, surveys, reports, photographs,

exposed film, negatives, specifications, scopes of work, lists of Government Furnished

Equipment and any other material received or generated in conjunction with this contract

shall be reviewed for identification of SBU information and shall be marked, handled and

stored in accordance with guidance provided by the Post security officer.

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G.1.7 Photographs and Public Release of SBU or Project Information. Photographs of any

diplomatic overseas building or facility are prohibited unless authorized in advance, in

writing, by the Post security officer who will establish any controls, limits, and/or restrictions

as necessary. Dissemination, publication, duplication, or release of SBU or other project

information is not authorized without specific advance approval, in writing, from the Post

security officer. The Post security officer reserves the right to demand retention of all copies

of photographs and/or negatives, film, and similar material following fulfillment of the

previously authorized usage.

G.1.8 Transmission Security. Transmission of Sensitive But Unclassified (SBU)

information is only authorized in coordination with Post security officer.

G.1.9 Security Briefings. Contractor shall attend security briefings by the Post security

officer on a monthly basis.

G.1.10 Reporting. Suspicious Contacts Any contact that appears suspicious in nature shall

be reported immediately.

G.1.11 Standards of Conduct. Contractor personnel assigned to the contract shall observe the

following standards of conduct:

G.1.11.1 Participation in disruptive activities that interfere with the normal and efficient

operation of the worksite. These activities include, but are not limited to, disorderly conduct,

use of abusive or offensive language, sexual harassment, quarreling, fighting, intimidation of

others by words or actions, sexual relations or contacts, drinking of alcoholic beverages and

illegal drug use.

G.1.11.2 Violations of or involvement in violations of host country laws to include, but not

limited to: black market dealings, currency manipulation, theft, vandalism, illegal use or

distribution of drugs or controlled substances, manufacturing or distributing of pornographic

material, or possessing child pornography in any form.

G.1.11.3 Failure by an employee to report unlawful or disruptive conduct or unsuitable

behavior or to report non- compliance of other employees with existing Project and site

policies and regulations, including these Standards of Conduct.

G.1.11.4 Making use of one’s position to improperly create the impression of giving favor or

to improperly obtain an advantage that facilitates personal gain or monetary benefit.

G.1.11.5 Any failure to properly safeguard Project Sensitive but Unclassified (SBU) or

other Project information, including discussion or dissemination of this information to

unauthorized persons. Any falsification of project documents or records through willful

omission of material facts or by unlawful concealment, and/or removal, mutilation or

destruction of any such document or record.

G.1.11.6 . Providing false information to U.S. Government project officials.

G.1.11.7 Using U.S. Government provided computers (or equipment) to conduct personal or

company business not related to the U.S. Government‘s U.S. Embassy Annex contract.

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G.1.11.8 Non-adherence to this provision may subject contractor personnel to removal at the

contractor’s expense.

G.1.12 Use of the Excerpts from the Classification Guide for Identification and Handling

Sensitive But Unclassified (SBU). All documents, such as blueprints, drawings, sketches,

notes, surveys, reports, photographs, exposed film, negatives, specifications, scopes of work,

lists of Government Furnished Equipment and any other material received or generated in

conjunction with this contract shall be reviewed for identification of SBU information, which

shall be marked and handled in accordance with the following:

G.1.12.1 Access; SBU information may only be given to project personnel who have a need-to-know as provided by the contract. All project persons

or firms disseminating SBU information shall ensure that recipients of

the information are authorized to receive it (i.e., have a need-toknow),

and that each recipient is aware of and adheres to specific

requirements to protect the information as further outlined below.

G.1.12.2 Storage; during non-duty hours, SBU information, including

removable electronic media, must be secured within a locked office or

suite, or in a locked safe. SBU information shall not be left unsecured in unoccupied hotel

rooms or unattended in any off-site location.

This applies regardless of whether the information is in paper form,

CDs, diskettes, and other electronic readable media, or on a portable

digital device such as a laptop computer (wired or wireless) or

personal electronic devices.

G.1.12.3 Mailing; SBU information may be sent to authorized recipients via

commercial delivery service (e.g., Federal Express, DHL). SBU mail

may also be sent via the applicable country postal service; however, it

must be packaged in a manner that does not disclose its contents or

the fact that it contains USG SBU information. A record must be

maintained of the release of the information (mailing), including

name and address of the recipient, description of the material, and

date of release.

G.1.12.4 Facsimile Transmission; SBU information, as defined in paragraph

K2 may be transmitted via fax. However, contractors transmitting

SBU information via fax must ensure that an authorized recipient is

ready to receive it at the other end.

G.1.12.5 Internet Transmission; SBU information may be transmitted

electronically via the Internet; however, the transmission must be

encrypted using 128 bit (or higher) encryption.

G.1.12.6 Telephone; SBU information as defined in Paragraph K.2 may not be

discussed/divulged telephonically. Information of this nature shall be

transmitted via the Internet using encryption (WinZip 9.0 (128 bit

encryption)) or mailed in accordance with paragraph 3 (Mailing)

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above.

G.1.12.7 Markings; Documents containing SBU information shall be centrally

marked “SENSITIVE BUT UNCLASSIFIED” at the top and bottom

of each page. Additionally, project drawings and sketches shall be

imprinted on each page with the following: a)

PROPERTY OF THE UNITED STATES GOVERNMENT

G.1.12.7.1 COPYING, DISSEMINATION, OR DISTRIBUTION OF

THESE DRAWINGS, PLANS, OR SPECIFICATIONS TO

UNAUTHORIZED USERS IS PROHIBITED

G.1.12.7.2 Do not remove this notice

G.1.12.7.3 Properly destroy documents when no longer needed

G.1.12.7.4 The label shall be prominently displayed in bold type of a size

appropriate for the documents. For example, the lettering size

shall be a minimum of 14-point bold type font on full-size

construction drawings.

G.1.13 Destruction;

G.1.13 1 If approved by the Project Director, SBU information may be

destroyed by cross-cut shredders. This destruction shall be accomplished using approved

devices as specified by the US Government Site Security Manager (SSM).

G.1.13.2 Information system (IS) media (e.g., hard drives, floppy drives,

ZIP drives, etc.) shall be sanitized using approved methods as

specified by the SSM. Alternatively, the SSM may direct that

all sanitized media be returned to the U.S. Government for

disposition.

G.1.14 Disposition at End of Contract;

G.1.14.1 SBU information released to subcontractors, vendors, or

suppliers shall be collected by the GC when no longer required

for performance. The information shall be returned to the

Project Director or with prior written approval of the Project

Director, destroyed as authorized by paragraph 8 (Destruction)

above.

G.1.14.2 In order to obtain final payment, the GC shall certify in writing

that all SBU information has been returned, including that

released to other parties, or appropriately destroyed as

authorized

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G.1.15 DoS Briefings at Posts/Sites Overseas Upon arrival at an overseas Post/Site, all U.S.

personnel will be required to attend initial and subsequent periodic security briefings by the

responsible SSM, SSC, RSO or designee. Debriefings may be requested of individual

contract employees by Diplomatic Security, either at post prior to departure and/or at the

contractor's location.

G.1.16 Operational Security Avoid discussing site, mission and post activities while not on

site or post, to include in hotel rooms, restaurants and all other public places. Eavesdroppers

can pick up small pieces of information from conversations and add to other information to

get a clearer picture of our operations, missions and vulnerabilities at post.

G.1.17 Reporting Suspicious Contacts Any contact with host or third country nationals that

seems suspicious (such as an inordinate amount of curiosity as to the purpose of presence in

country), or attempts to establish recurring contact beyond routine professional or personal

services, shall be reported immediately to the SSM/SSC/RSO. All contractors at the project

site must adhere to the foreign contact reporting requirements specific to each project site, as

briefed by the SSM/SSC/RSO, which may include all unofficial contact with nationals from

specific HUMINT threat countries, the reporting of close and continuing social contact with

foreign nationals, co-habitation with foreign nationals, and non-project related personal

business and/or financial relationships with any foreign nationals. (Refer to Section 013550,

paragraph 1.02M.

G.1.18 Removal of individual contractor employees for cause

G.1.18.1 A determination to remove a Contractor employee from site, or from contract

performance at a domestic facility, due to misconduct or unsuitability may involve, but is not

limited to, the following types of misconduct or delinquency that may be documented by the

OBO PD, SSM, SSC, RSO, or domestically by SPC Security.:

G.1.18.2 Notoriously disgraceful conduct, to include the frequenting of prostitutes, engaging

in public or promiscuous sexual relations, spousal abuse, neglect or abuse of children,

manufacturing or distributing pornography, entering into debts the employee could not pay,

or making use of one’s position or immunity to profit or to provide favor to another or to

create the impression of gaining or giving an improper favor.

G.1.18.3 Failure to report notoriously disgraceful conduct and/or non-compliance of other

employees (DoS, contractor or foreign national) in accordance with existing Post and

Department of State policies and regulations.

G.1.18.4 Neglect of duty, unsatisfactory performance, unreasonable delays or failure to

carry out assigned tasks, conducting personal affairs during official time, refusing to render

assistance/cooperate in upholding the integrity of the objectives of this contract.

G.1.18.5 Falsification or unlawful concealment, removal, mutilation or destruction of any

document or record, or concealment of material facts by willful omissions from documents or

records. Improper use of credentials, badges or official papers.

G.1.18.6 Disorderly conduct, use of abusive or offensive language, quarreling, intimidation

by words or actions, or fighting. Participation in disruptive activities that interfere with the

normal efficient operations of the worksite.

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G.1.18.7 Theft, vandalism, immoral conduct, or any other criminal action under U.S. or host

country law.

G.1.18.8 Selling, consuming or being under the influence of drugs, or other illegal

substances that produce similar effects.

G.1.18.9 Abuse of alcohol.

G.1.18.10 Any evidence that would indicate that the individual is guilty of security

violations including black market dealings, currency manipulation, violations of the post

contact policy regarding criteria country nationals, espionage or treason.

G.1.18.11 Noncompliance with site/post security and reporting policies. Failure to comply

with post security and security reporting contracts may be cause for termination of the

contract for default.

G.1.19 SAFEGUARDING OF INFORMATION

G.1.19.1 The Contractor and its employees shall exercise utmost discretion in regard to all

matters relating to their duties and functions. They shall not communicate to any person any

information known to them by reason of their performance of services under this contract

which has not been made public, except to the extent necessary to perform their required

duties in the performance of the contract requirements or as provided by written authorization

of the Contracting Officer. All documents and records (including photographs) generated

during the performance of work under this contract shall be for sole use of and shall become

the exclusive property of the U.S. Government. No article, book, pamphlet, recording,

broadcast, speech, television appearance, film or photograph concerning any aspect of the

work performed under this contract shall be published or disseminated through any media, to

include company websites, without the prior written authorization of the Contracting Officer.

These obligations do not cease upon the expiration or termination of this contract or at any

other point in time. The Contract shall include the substance of this provision in all

subcontracts hereunder.

G.1.19.2 The contractor shall notify the Contracting Officer if any legal dispute arises

between the contractor and any subcontractor or vendor pertaining to performance on this

contract which could potentially result in disclosure of any information related to design,

construction or maintenance of a diplomatic facility overseas. Legal disputes include legal

actions submitted to civil, criminal, local or federal courts, as well as disputes submitted to

arbitration or mediation. This responsibility to notify the Contracting Officer shall not cease

upon the expiration or termination of this contract. The contractor hereby agrees to be

responsible for all costs associated with the release, whether authorized or unauthorized, of

"Sensitive but Unclassified" information for which the contractor or a subcontractor at any

level is responsible, including releases associated with legal disputes, and agrees to fully

indemnify the government for any expense that the government incurs as a result of the

release or use of "Sensitive but Unclassified" information including all costs associated with

steps taken by the government to mitigate exposure in anticipation of the use of "Sensitive

but Unclassified" information in legal disputes and/or costs which result from mitigation of

the release of "Sensitive but Unclassified" information. This indemnity agreement made

herein by the contractor includes all disputes with, between, and among the contractor and

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any party and the contractor's sub-contractor's, to the lowest tier and any party. This

agreement by the contractor to fully indemnify the government shall not cease upon the

expiration or termination of this contract. The contractor shall include the substance of this

provision in all subcontracts.

G.1.20 PUBLIC RELEASE OF INFORMATION

G.1.20.1 There shall be no press release of information or photographs concerning any

aspect of the design, construction, or other services relating to this contract, or other

documents resulting there from, without the written prior approval of the Contracting Officer.

The contractor shall include the substance of this provision in all subcontracts hereunder.

G.1.21 DOCUMENTS - OWNERSHIP AND USE

G.1.21.1 Ownership and Use of Drawings, Specifications, Software, and Models.

G.1.21.1.1 Ownership. All drafts, revisions, and versions of specifications, drawings,

software code, databases, and models (digital, tangible, and scale), and all copies thereof,

generated in the performance of the Contract or furnished to the USG in the performance of

the Contract (“Documents”) shall be and are the exclusive property of the Government.

G.1.21.1.2 Use and Return. Unless otherwise provided in the contract, the Documents shall

not to be used by anyone on other work; and, with the exception of the signed contractor set;

all copies thereof shall be delivered to the USG upon or before final completion of the work

under the Contract.

G.2 RESERVED

G.3 RESERVED

G.4 RESERVED

G.5 RESERVED

G.6 RELEASE OF INFORMATION

All data furnished to the Contractor and data developed in connection with the

project shall be considered privileged. The Contractor shall not make public announcements,

including news and press releases; these are the prerogative of the Contracting Officer.

G.7 NOTIFICATION OF CHANGES

G.7.1 This clause applies to changes other than changes directed by the Government

pursuant to the contract clause titled "Changes - Fixed Price (AUG 87) Alternate III (APR

1984)."

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G.7.2 Definitions. "Contracting Officer," as used in this clause, does not include

representatives of the Contracting Officer.

G.7.3 Notice. The primary purpose of this clause is to obtain prompt reporting of

Government conduct that the Contractor considers tobe a change to this contract. Except for

changes identified in writing and signed by the Contracting Officer, the Contractor shall

notify the Contracting Officer in writing within ten (10) days from the date the Contractor

identified any Government conduct (including actions, inactions, and written or oral

communications) that the Contractor regards as a change to the contract terms and conditions.

Any notification received after 10 days will not be considered. On the basis of the most

accurate information available to the Contractor, the notice shall state -

(i) The date, nature and circumstances of the conduct regarded as a change;

(ii) The name, function, and activity of each Government individual and

Contractor official or employee involved in or knowledgeable about such

conduct;

(iii) The identification of any documents and the substance of any oral

communication involved in such conduct;

(iv) In the instance of alleged acceleration of scheduled performance or delivery,

the basis upon which it arose;

(v) The particular elements of contract performance that the Contractor

may seek an equitable adjustment under this clause, including -

What contract line items have been or may be affected by the alleged

change;

What labor or materials or both have been or may be added, deleted,

or wasted by the alleged change;

To the extent practicable, what delay and disruption in the manner

and sequence of performance and effect on continued performance

have been or may be caused by the alleged change;

What adjustments to contract price, delivery schedule, and other

provisions affected by the alleged change are estimated; and

(vi) The Contractor's estimate of the time by which the Government must

respond to the Contractor's notice to minimize cost, delay, or disruption of

performance.

G.7.4 Continued performance. Following submission of the notice required above,

the Contractor shall diligently continue performance of this contract to the maximum extent

possible in accordance with its terms and conditions as construed by the Contractor. Unless

the notice reports a direction of the Contracting Officer or a communication from a

representative of the Contracting Officer, the Contractor shall continue performance.

However, if the Contractor regards the direction or communication as a change as described

above, notices shall be given in the manner provided.

G.7.5 Government response. The Contracting Officer shall, within thirty (30) days

after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer

shall -

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(1) Confirm that the conduct of which the Contractor gave notice constitutes a

change and when necessary direct the mode of further performance;

(2) Countermand any communication regarded as a change;

(3) Deny that the conduct of which the Contractor gave notice constitutes a

change and when necessary direct the mode of further performance; or

(4) Advise the Contractor what additional information is required and when, and

establish the date by which it should be furnished and the date the Government

will respond.

G.7.6 Equitable adjustments.

If the Contracting Officer confirms that the Government conduct effected a

change as alleged by the Contractor, and the conduct causes an increase or decrease in the

Contractor's cost of, or the time required for, performance of any part of the work under this

contract, the Government will modify the contract to make an equitable adjustment -

(1) In the contract price or delivery schedule or both; and

(2) Any other term of the contract affected.

In the case of drawings, designs, or specifications that are defective and the

Government is responsible, an equitable adjustment shall include the cost and time extension

for the delay reasonably incurred by the Contractor in attempting to comply with the

defective drawings, designs, or specifications before the Contractor identified, or reasonably

should have identified, such defect. When the cost of property made obsolete or excess as a

result of a change confirmed by the Contracting Officer under this clause is included in the

equitable adjustment, the Contracting Officer shall have the right to prescribe the manner of

disposition of the property. The equitable adjustment shall not include increased costs or

time extensions for a delay resulting from the Contractor's failure to provide notice or to

continue performance as provided above.

G.7.7 Failure to agree to any adjustment shall be a dispute under the Disputes clause.

Nothing in this section shall relieve the Contractor from proceeding with the work.

G. 7.8 The Contractor shall show Value Added Tax (VAT) as a separate item on

invoices submitted for payment.

20

SECTION 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):

This contract incorporates one or more clauses by reference, with the same force and effect as

if they were given in full text. Upon request, the Contracting Officer will make their full text

available. Also, the full text of a clause may be accessed electronically at:

http://acquisition.gov/far/index.html or http://farsite.hill.af.mil/search.htm

These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not

available at the locations indicated above, use the Dept. of State Acquisition Website at

http://www.statebuy.state.gov to see the links to the FAR. You may also use an Internet

“search engine” (such as Yahoo, Excite, Alta Vista, etc.) to obtain the latest location of the

most current FAR.

FEDERAL ACQUISITION REGULATION (48 CFR CH. 1)

52.202-1 DEFINITIONS

ALTERNATE I

DEC 2001

MAY 2001

52.203-3 GRATUITIES APR 1984

52.204-7 CENTRAL CONTRACTOR REGISTRATION DEC 2012

52.204-9 PERSONAL IDENTIFICATION VERIFICATION OF

CONTRACTOR PERSONNEL

Jan 2011

52.204-10 REPORTING EXECUTIVE COMPENSATION AND

FIRST-TIER SUBCONTRACT AWARDS

JUL 2010

52.209-6 PROTECTING THE GOVERNMENT’S INTEREST

WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT (if order exceeds $25,000)

DEC 2010

52.213-4 Terms and Conditions - SIMPLIFIED ACQUISITIONS

OTHER THAN COMMERCIAL ITEMS

FEB 2012

52.222-50 COMBATING TRAFFICKING IN PERSONS FEB 2009

52.223-18 CONTRACTOR POLICY TO BAN TEXT

MESSAGING WHILE DRIVING

AUG 2011

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN

PURCHASES

JUN 2008

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION

AND TRANSLATION OF CONTRACT

FEB 2000

52.227-17 RIGHTS IN DATA – SPECIAL WORKS JUN 1987

52.228-3]

52.229-6 TAXES – FOREIGN FIXED PRICE CONTRACTS JUN 2003

21

52.232-7 PAYMENTS UNDER TIME-AND-MATERIAL AND

LABOR-HOUR CONTRACTS (for construction phase

services portion)

AUG 2005

52.232-8 DISCOUNTS FOR PROMPT PAYMENT FEB 2002

52.232-1 PAYMENTS AUG 1984

52.232-10 PAYMENTS UNDER FIXED-PRICE A/E

CONTRACTS

APR 2010

52.232-11 EXTRAS APR 1984

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.232-26 PROMPT PAYMENT FOR FIXED-PRICE

ARCHITECT-ENGINEER CONTRACTS

OCT 2008

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER –

CENTRAL CONTRACTOR REGISTRATION

OCT 2003

52.233-1 DISPUTES

ALTERNATE I

JUL 2002

DEC 1991

52.233-3 PROTEST AFTER AWARD AUG 1996

52.236-22 DESIGN WITHIN FUNDING LIMITATIONS Fill in:

The estimated construction contract price for the project

described in this contract is $2,700,000

APR 1984

52.236-23 RESPONSIBILITY OF THE ARCHITECT-ENGINEER

CONTRACTOR

APR 1984

52.236-24 WORK OVERSIGHT IN ARCHITECT-ENGINEER

CONTRACTS

APR 1984

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,

EQUIPMENT, AND VEGETATION

APR 1984

52.242-14 SUSPENSION OF WORK APR 1984

52.243-1 CHANGES – FIXED-PRICE

ALTERNATE III

AUG 1987

APR 1984

52.243-3 CHANGES – TIME-AND-MATERIAL OR LABOR-

HOUR (for construction phase services)

SEP 2000

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS DEC 2010

52.246-4 INSPECTION OF SERVICES – FIXED-PRICE AUG 1996

52.249-7 TERMINATION (FIXED-PRICE ARCHITECT-

ENGINEER)

APR 1984

52.249-14 EXCUSABLE DELAY APR 1984

DEPARTMENT OF STATE ACQUISITION REGULATION (48 CFR Chapter 6)

CLAUSES INCORPORATED BY REFERENCE:

652.229-71 PERSONAL PROPERTY DISPOSITION AT POSTS

ABROAD

AUG 1999

652.242-73 AUTHORIZATION AND PERFORMANCE AUG 1999

652.243-70 NOTICES AUG 1999

22

THE FOLLOWING DOSAR CLAUSE IS PROVIDED IN FULL TEXT:

652.204-70 DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARD

ISSUANCE PROCEDURES (MAY 2011)

RESERVED

CONTRACTOR IDENTIFICATION (JULY 2008)

Contract performance may require Contractor personnel to attend meetings with government

personnel and the public, work within government offices, and/or utilize government email.

Contractor personnel must take the following actions to identify themselves as non-federal

employees:

1) Use an email signature block that shows name, the office being supported and

company affiliation (e.g. “John Smith, Office of Human Resources, ACME

Corporation Support Contractor”);

2) Clearly identify themselves and their Contractor affiliation in meetings;

3) Identify their Contractor affiliation in Departmental e-mail and phone listings

whenever Contractor personnel are included in those listings; and

4) Contractor personnel may not utilize Department of State logos or indicia on business

cards.

(End of clause)

23

SECTION I - LIST OF ATTACHMENTS

RESERVED