A.03.16 Att 5_Specs Binder IAF-23-0003 Tsirguliina.pdf

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 74 01

SPECIAL CONDITIONS (NAU)

10/21

PART 1 GENERAL

1.1 PAYMENT

1.2 DEFINITIONS

1.3 ORDER OF PRECEDENCE

1.3.1 Precedence Between Contract Provisions

1.3.2 Amendments and Modifications

1.3.3 Conflicting Requirements Within Documents of the Same Order of Precedence

1.3.4 Minimum Requirements

1.4 UNSOLICITED CHANGE PROPOSALS

1.5 DOCUMENTS IN MULTIPLE LANGUAGES

1.6 COMMUNICATION IN ENGLISH

1.6.1 English Speaking Representative

1.6.2 Correspondence And Documentation

1.6.3 Translations for Disputes

1.6.4 Additional Language Requirements

1.6.5 Language Fluency

1.7 PERMITS

1.7.1 General Requirements

1.7.2 Permits and Notifications

1.7.3 Final Acceptance

1.7.4 Third Party Inspection Requirements

1.8 CONTRACTOR WORKFORCE

1.8.1 Foreign Employees

1.9 CONTRACTOR OBLIGATION

1.10 SUBMITTALS

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 SITE ACCESS

3.1.1 General Access Requirements

3.1.2 Work on Military Installations (General)

3.1.3 Access to Operational Areas

3.2 IMMUNITY FROM LEGAL PROCESS

3.3 CONTRACT EXECUTION IN THE HOST NATION

3.3.1 Access to Areas Under Military Control

3.3.2 Contractor Responsibility

3.3.3 Archaeological and Historical Sites

3.4 CONTRACTOR LIAISON AND COMMUNICATION WITH HOST GOVERNMENTS

3.5 RESTRICTIONS ON PAYMENT SUBMISSIONS

-- End of Section Table of Contents --

DOCUMENT 00 74 01 Page 1

SECTION 00 74 01

SPECIAL CONDITIONS (NAU)

10/21

PART 1 GENERAL

1.1 PAYMENT

Separate payment will not be made for compliance with this or any other Division 00 or Division 01 specification. All costs associated with these specifications shall be included in the contract price.

1.2 DEFINITIONS

The following terms are used throughout the contract documents. Except where a definition is provided with the specific occurrence, the following definitions apply to these terms.

a. Betterment. Any offer by the contractor, whether submitted as part of their proposal prior to award or as part of a deliverable after award which conforms to and exceeds the provisions of the contact.

A betterment offered prior to award becomes binding upon award of the contract. After award, a betterment offered becomes a binding contract requirement upon acceptance by the Government of the document proposing the betterment, whether specifically identified as such or not. Proposed betterments submitted after award must meet or exceed any betterments offered prior to award which were accepted as part of the award.

b. Host Nation (HN). The country where the construction work is being performed.

c. Host Nation Language. The Official Language recognized by the national government of the country where the work is performed. If no Official Language has been designated, or where multiple Official Languages have been designated, it is the predominant language of the Government agency or organization responsible for operation and maintenance of the facility or product constructed under this contract.

1.3 ORDER OF PRECEDENCE

1.3.1 Precedence Between Contract Provisions

In the event of conflict or inconsistency between any of the provisions of this contract, precedence shall be given in the following order:

1. Clause 5152.236-9011, if that clause is part of this contract.

2. Any portions of the accepted proposal that both conform to and exceed the provisions of the solicitation (Betterment submitted prior to award).

3. Any portion of a contractor provided deliverable (including, but not limited to, plans, specifications, engineering studies and analyses, shop drawings, equipment installation drawings) that conforms to or exceeds the provisions of the contract (Betterment submitted after award).

4. Clause 52.236-21 Specifications and Drawings (Alt I). For the

DOCUMENT 00 74 01 Page 2 purposes of determining precedence, the contract will be interpreted as follows with regards to items which are considered to be within the intent and meaning of "drawings" and "specifications":

a. Sections starting with "00", including these Special Conditions.

Any "00" specification section titled "Supplemental Conditions for Projects in (Country)", takes precedence over this Section.

b. Section 01 00 00, including Section 01 11 00 Statement of Work (Summary of Work or Scope of Work) if included in the contract.

c. All Other Specification Sections.

d. Referenced Technical Standards (such as NFPA, UFC, ASTM, DIN).

Refer to Section 01 30 01 GENERAL REQUIREMENTS, paragraph REFERENCED STANDARDS for additional information.

e. Referenced Design Guides or other non-technical standards

f. Drawings

g. All other attachments to the contract, including Host Nation Technical Requirements and References.

1.3.2 Amendments and Modifications

When a document is amended (prior to award) or modified (after award), the most current document takes precedence, to the extent noted above.

For example, an modification to a drawing takes precedence over an amendment to a drawing which takes precedence over the original drawing. However, the specifications continue to take precedence over the drawing, whether or not they have been revised.

1.3.3 Conflicting Requirements Within Documents of the Same Order of Precedence

If documents of the same Order of Precedence contain conflicting requirements, the more stringent requirement governs. A conflict does NOT exist when both requirements can be met; in these instances the contractor shall comply with both requirements.

Submit questions regarding interpretation of "more stringent" to the Contracting Officer. When requesting interpretation:

a. Identify the specific conflicting requirements in detail. Simply indicating that two documents conflict is not sufficient.

b. Explain why all requirements cannot be met.

c. Indicate any differences in cost or performance time between the conflicting requirements.

d. Identify whether the contractor has a preferred or recommended solution. If none is provided, this will be considered an indication no preference exists.

The contractor is responsible for providing the Government sufficient information timely to make a determination as to the "more stringent" criteria to apply.

1.3.4 Minimum Requirements

The contract documents identify the minimally acceptable requirements.

DOCUMENT 00 74 01 Page 3

1.4 UNSOLICITED CHANGE PROPOSALS

Whenever the contractor proposes to change the work required by the contract, to add or subtract from the work requirements, and the work will have an impact on the price or time to perform the work, unless that change has been specifically requested in writing via a Request for Proposal (RFP) from a Contracting Officer or, if appointed on this contract, an Administrative Contracting Officer, the proposal must be submitted either:

1. as a Value Engineering Change Proposal in accordance with FAR clause 52.248-1 Value Engineering.

2. as a Request for Equitable Adjustment (REA) under DFAR 252.243-7002 Requests for Equitable Adjustment or a claim under FAR 52.233-1 Disputes.

The Government does not intend to respond to any other "request" for a Construction Change Order or proposal submitted by the contractor.

Refer to Specification Section 01 33 00 SUBMITTAL PROCEDURES, paragraph DEVIATIONS, SUBSTITUTIONS, AND VARIATIONS for proposed changes which have no impact on the price or time to perform the work

1.5 DOCUMENTS IN MULTIPLE LANGUAGES

If this contract includes documents in English and additional languages, the English language version shall govern over all other languages. In the event contract documents contain translations into non-English languages, the translation is provided solely for convenience.

For all purposes, the English language version shall be the governing instrument and understanding of the parties. In the event of any conflict between the English language version and any translation into any other language, the English language version shall govern and control.

1.6 COMMUNICATION IN ENGLISH

1.6.1 English Speaking Representative

All personnel required to communicate with the Government on a recurring basis, including but not limited to Project Managers, Site Safety and Health Officers (SSHO), Superintendents, and Quality Control personnel shall be capable of explaining the work operations and receiving instructions in the English language. This includes the ability to speak, read, write, and understand the directions of the Contracting Officer or their designated representatives when conducted in English.

If other sections of the contract allow work to be performed without these personnel being on site, the Contractor shall have a representative, designated in writing, who is capable of explaining the work operations and receiving instruction in the English language.

1.6.2 Correspondence And Documentation

In addition to clause 252.225-7041, it shall be the responsibility of the Contractor to prepare all documents related to this contract, to include, change proposals, shop drawings, submittals, quality control reports, computations, and all correspondence, in the English language or with a translation of the original document into English.

DOCUMENT 00 74 01 Page 4

1.6.3 Translations for Disputes

All documents originally produced in a language other than English submitted either as (a) part of a Request for Equitable Adjustment (REA), (b) part of a claim under the Disputes clause or (c) as part of litigation, including actions at the ASBCA or actions in U.S. courts, shall be translated into English by a person who is recognized in accordance with the appropriate authorities to produce official/certified translations, and said translations shall be so certified.

This requirement applies to any document that would normally be considered to be within the scope of discovery in an ASBCA or court proceeding concerning the dispute. The term 'documents' includes electronic documents including but not limited to e-mail and includes documents generated by subcontractors or suppliers. In the event a dispute results in litigation, including actions at the ASBCA or actions in U.S. courts, the contractor will be responsible for providing translations of any documents that are within the scope of a discovery request filed by the U.S. Government and for providing certified translations upon request by the U.S. Government.

The contractor shall bear sole responsibility for any costs associated with translation, as well as with any errors, omissions, or discrepancies between the original and English version of a document.

In the event of any difference between the English version and any other version in any language, the English version shall govern.

1.6.4 Additional Language Requirements

When any worker on site at any level (contractor, subcontractor, supplier, etc.) cannot communicate in English or a language spoken by the Contractor's key personnel, the contractor shall ensure that, at all times that person is on site, at least one person is present who can communicate to that worker in their native language. Failure to comply with this requirement will be considered a life-safety issue.

1.6.5 Language Fluency

Personnel required to communicate with the Government must be competent in the English language at a minimum level B2 of the Common European Framework of Reference for Languages: Learning, Teaching, Assessment.

The Contracting Officer shall have the right to determine without appeal of such decision, whether the proposed representative has sufficient technical and lingual capabilities and the Contractor shall immediately replace any individual not acceptable to the Contracting Officer.

1.7 PERMITS

1.7.1 General Requirements

All documents required to be prepared in accordance with this paragraph (and sub-paragraphs) shall be prepared by the Contractor in the language(s) required by the HN. An English language translation prepared by a person with the appropriate qualifications shall be provided to the Contracting Officer concurrently. Submission of documentation shall be in accordance with HN requirements; either directly to the appropriate HN authority or through the Contracting Officer when the contractor is not permitted to provide the documents directly.

When U. S. Government signature is required, the Contractor shall obtain approval and signatures as needed for HN permitting and notification

DOCUMENT 00 74 01 Page 5 process from the COR. The contractor shall provide the required documentation sufficiently in advance of the date any approval or permit is required. The contractor is solely responsible for determining the amount of time the HN authorities will require to review and process the documentation. No additional time will be granted for delayed approval or rejection of contractor prepared documents.

A copy of all Approved Permits shall be furnished to the COR prior to the start of construction work.

1.7.2 Permits and Notifications

The contractor shall obtain all permits not required to be requested or obtained by the U.S. Government in accordance with FAR 52.236-7, Permits and Responsibilities. As incorporated herein, the requirements of FAR clause 52.236-7 extend to licenses, permits, and compliance with applicable Host Nation (HN) and local laws, codes, and regulations in connection with the prosecution of the work. The contractor is responsible for identifying and providing a comprehensive List of Required HN Permits.

Where the U.S. Government is required to obtain permits in accordance with Host Nation (HN) agreements, the Government will notify the contractor and the contractor shall prepare all necessary documentation. This includes providing documentation to show compliance with permit requirements.

1.7.3 Final Acceptance

Where final acceptance by the HN is required, the Contractor will coordinate with the HN Government, in conjunction with the U.S.

Government, to determine the requirements for proper final inspection by the HN and provide any information required for final acceptance. The contractor shall incorporate the requirements for final acceptance into the design (design-build projects) and construction of the project.

1.7.4 Third Party Inspection Requirements

If, as a condition of any permit or to comply with HN laws, codes, and regulations, inspections by third parties are required, the contractor shall be responsible for ensuring those inspections are conducted and documented. The contractor shall be solely responsible for any and all costs associated with these inspections, including the actual inspection and any additional work or rework identified as part of the inspection process, to include the replacement of any materials or equipment determined to be not in compliance by the inspector.

No adjustment in the contract price or duration will be made based on events arising from these inspections, unless a delay occurs which is completely beyond the control and without the fault of the contractor.

These requirements are in addition to and separate from any requirements for any other inspections identified in the contract.

1.8 CONTRACTOR WORKFORCE

1.8.1 Foreign Employees

The contractor may arrange, through the appropriate Host Nation Government (HN) offices, to bring into the country nationals of third countries (TCN) having diplomatic relations with the host nation for purposes of employment in carrying out this contract work.

Contractors shall be responsible for timely and complete submittal of

DOCUMENT 00 74 01 Page 6 the necessary information and forms directly to the appropriate HN agency for the required customs clearances, passports, visas, licenses, or permits.

The contractor shall be responsible for the sponsorship of its employees and their dependents and shall process said permits directly with the appropriate HN agency. The HN reserves the right to limit access to designated security areas and refuse entry or employment of specified individuals, or to require their departure from the country, in accordance with national or local law and practice.

The U.S. Government does not have influence over the TCN issue and does not warrant the availability of TCN labor. The Contractor is cautioned to review any additional information specified elsewhere in this contract for more stringent requirements or specific restrictions or limitations on the use of foreign workers.

1.9 CONTRACTOR OBLIGATION

Contractors shall be responsible for timely and complete submittal of the necessary information and forms directly to the appropriate HN agencies for any and all required customs clearances, passports, visas, licenses, or permits.

1.10 SUBMITTALS

Government approval is required for submittals with a "G" designation;

submittals not having a "G" designation are for Contractor Quality Control approval. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. Submit the following in accordance with Section 01 33 00

SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

List of Required HN Permits Permits And Notifications Approved Permits

SD-11 Closeout Submittals

Final Acceptance

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

3.1 SITE ACCESS

3.1.1 General Access Requirements

The Contractor shall be responsible for obtaining access and adhering to all guidelines established by the local authorities for access to the work site and will be responsible for the daily access of their personnel and subcontractor workers.

The Contractor is cautioned to review any additional security guidelines specified elsewhere in this contract for more stringent requirements or specific access conditions.

DOCUMENT 00 74 01 Page 7

3.1.2 Work on Military Installations (General)

When work is performed on a military installation, every employee of the prime contractor, all subcontractor employees, and all material suppliers' employees, who require access to the installation for any reason and for any length of time will be required to obtain an installation/base access.

All personnel, vehicles, and equipment are subject to search when entering or leaving the installation and at any time while on the installation. The contractor shall be responsible for notifying their personnel, to include subcontractors and suppliers of this. Entry of any individual onto the installation constitutes consent to being searched.

Individuals who will be performing work onsite for five or more days in total - even if non-consecutively - shall apply for installation/base pass and may not be "signed in" or otherwise presented as a "visitor".

Failure to comply with this requirement may result in the loss of sign-in privileges and/or loss of installation access.

All personnel in possession of an installation/base pass issued for work under this contract shall return them to the issuing office upon completion of the contract work or upon termination of employment.

3.1.3 Access to Operational Areas

Contractor personnel are expressly prohibited and shall be restricted from entering operational buildings or areas without the specific authorization of the Contracting Officer. To perform work where "security escorts" are required, the Contractor shall coordinate with the Contracting Officer for access to such areas at least 30 calendar days in advance.

3.2 IMMUNITY FROM LEGAL PROCESS

The Contractor agrees to indemnify and save harmless the United States Government against all claims and suits of whatsoever nature arising under or incidental to performance of this contract by any subcontractor against the United States Government.

The Contractor further agrees to waive his rights to bring suit or other legal action against the United States Government, except as provided in the "Disputes" clause of this contract and in the United States Federal Statutes.

3.3 CONTRACT EXECUTION IN THE HOST NATION

3.3.1 Access to Areas Under Military Control

The laws of the Host Nation (HN) may prohibit access to certain areas of the country which are under military control. Clearances to access these areas must be obtained from the HN. It is understood that areas to which rights of entry are provided by the HN are to be used only for work carried out under the contract and no destruction or damages shall be caused, except through normal usage, without concurrence of the HN.

3.3.2 Contractor Responsibility

The Contractor shall be responsible for providing the necessary information (such as but not limited to, names of personnel, type, and amounts of equipment, dates and length of time required at the site, and purpose of entering the HN) to the appropriate HN representatives, both civilian and military.

DOCUMENT 00 74 01 Page 8

The following items are the sole responsibility of the Contractor to investigate, estimate as to cost, and assume the risk, as normally encountered by Contractors. The Contractor shall be responsible for determining the effect of the following on his own cost of performance of the contract and for including sufficient amount in the contract price:

a. Official language and type of accounts required to satisfy the officials of the Local Government.

b. Entry and exit visas, residence permits, and residence laws applicable to aliens. This includes any special requirements of the Host Government, including those required by local Labor Offices, which the Contractor may have to fulfill before an application for visas will be accepted.

c. Passports, health and immunization certificates, and quarantine clearance.

d. Compliance with local labor and insurance laws, including payment of employer's share of contribution, collecting balance from employee and paying into insurance funds.

e. Strikes, demonstrations, and work stoppage.

f. Collection through withholding and payment to local Government, of any HN income tax on employees subject to tax.

g. Arranging to perform work in the HN, to import personnel, to employ non-indigenous labor, to receive payments and to remove such funds from the country.

h. Operating under local laws, practices, customs and controls, and with local unions, in connection with hiring and firing, mandatory wage scales, vacation pay, severance pay, overtime, holiday pay, days of rest or other non-work days, legal notice or pay in lieu thereof for dismissal of employees, slowdown and curtailed schedules during religious holidays, and ratio of local labor employed in comparison to others.

i. Possibility of claims in local bureaus, litigation in local courts, or attachment of local bank accounts.

j. Compliance with workmen's compensation laws and contributions into funds. Provisions of necessary medical service for Contractor employees.

k. Special license required by the local Government for setting up and operating any manufacturing plant in the HN, e.g. concrete batching, precast concrete, concrete blocks, etc.

l. Sales within the HN of Contractor-owned materials, and equipment.

m. Special licenses for physicians, mechanics, tradesmen, drivers, etc.

n. Identification and/or registration with local police of imported personnel.

o. Stamp tax on documents, payments and payrolls.

p. Base passes for permanent staff, day laborers, motor vehicles, etc.

q. Compliance with all customs and import rules, regulations and

DOCUMENT 00 74 01 Page 9 restrictions, including, but not limited to, local purchase requirements.

3.3.3 Archaeological and Historical Sites

The contractor shall be aware of all archeological laws and work accordingly including stopping work in the vicinity and reporting should archeological items be uncovered during the course of this contract.

3.4 CONTRACTOR LIAISON AND COMMUNICATION WITH HOST GOVERNMENTS

All communication by the Contractor with all officials, representatives and/or offices of the Host Government (at any level) in all matters pertaining to the design or construction of this contract, shall be through and in full liaison with the Contracting Officer. This does not relinquish Contractor responsibility for obtaining routine items to conduct day-to-day business, such as visas, permits, and custom clearances.

The contractor is further reminded that only the Contracting Officer or their authorized representative may give the contractor direction in regards to contract interpretation. Only a Contracting Officer or Administrative Contracting Officer may modify the contract terms or conditions: directions received from Host Nation Government officials do not constitute direction to proceed in accordance with the Change clause and will not be considered a change to the contract without prior specific direction from the Contracting Officer.

3.5 RESTRICTIONS ON PAYMENT SUBMISSIONS

Reference is made to clause 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS. Due to financial cutoff periods, the Government will not accept any progress payments submitted between the last 5 work days of a given month and the first 3 work days of the following calendar month (second month). Invoices submitted during this time will not be considered "received" as described in the reference clause until the 4th working day of the second month.

-- End of Section --

DOCUMENT 00 74 01 Page 10

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 74 02

TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (NAU)

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PART 1 GENERAL

1.1 DETERMINATION OF UNUSUALLY SEVERE WEATHER

1.2 MINIMIZING WEATHER IMPACTS

1.3 INCORPORATION IN PROJECT SCHEDULE

1.4 WEATHER CONDITIONS AT THE PROJECT SITE(S)

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 REPORTING

3.2 OCCURRENCE OF ACTUAL DELAY

3.3 CALCULATION OF DELAY AND CONVERSION TO CALENDAR DAYS

3.4 ISSUANCE OF MODIFICATION

3.5 DELAYS OUTSIDE STANDARD WORK DAYS

DOCUMENT 00 74 02 Page 1

SECTION 00 74 02

TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (NAU)

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PART 1 GENERAL

1.1 DETERMINATION OF UNUSUALLY SEVERE WEATHER

This specification prescribes the procedures to be used on this contract for determination of time extensions for "unusually severe weather" in accordance with the contract clause 52.249-10 "Default: (Fixed Price Construction)".

In order for the Contracting Officer to award a time extension for "unusually severe weather" under this clause, all of the following conditions must be satisfied:

a. The weather experienced at the project site during the contract period must exceed the weather which could reasonably be anticipated based on a minimum of 25 years of historical weather data.

b. The weather must actually cause a delay to the completion of the project or any specified contractual milestone beyond that which would reasonably be anticipated based on the contractors means and methods. The delay must result from events which are beyond the control and without the fault or negligence of the Contractor.

c. The delay must occur during the contractual performance period.

1.2 MINIMIZING WEATHER IMPACTS

The contractor is responsible for identifying and implementing the means and methods to minimize the overall impact of weather during the contract period.

The means and methods and sequencing of work will impact the extent to which the work is sensitive to or may be impacted by the weather.

Separate payment will not be made for any costs associated with mitigating the impacts of weather.

1.3 INCORPORATION IN PROJECT SCHEDULE

The Contractor's project schedule must reflect reasonably anticipatable weather in weather dependent activities. The Contractor shall be solely responsible for identifying anticipated weather days based on the activities scheduled during a given time period and the means and methods of executing the work.

Activities in the project schedule must be assigned to a calendar with anticipated weather days shown as non-work days. Acceptance of the contractors schedule will not be considered acceptance of the reasonableness or validity of the number of anticipated weather days.

1.4 WEATHER CONDITIONS AT THE PROJECT SITE(S)

The Government makes no representation of the actual weather conditions to be expected at the site. No inference or conclusion shall be made regarding the actual weather conditions or the actual amount of weather delays based on any information included in the contract documents.

DOCUMENT 00 74 02 Page 2

The Contractor shall, prior to submitting a proposal or offer, be solely responsible for determining the actual weather conditions prevalent at the project site or sites and accounting for this information in their proposal or offer.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

3.1 REPORTING

Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract performance period, the contractor will record on the QC report (refer to Section 01 45 00 QUALITY CONTROL (NAU) the occurrence of weather and resultant impact to normally scheduled work.

Impacted activities shall be identified by name and activity id on the QC Report.

3.2 OCCURRENCE OF ACTUAL DELAY

To be considered a day of actual weather delay, progress on critical path activities must be less than 50 percent of the progress scheduled to occur on that day, and the progress must be impacted due solely to the weather.

The delay must be recorded in accordance with paragraph 3.1: failure to provide this information at the time of the preparation of the QC Report will be considered an acknowledgement that no delay existed, however reporting on the QC Report will not automatically be considered concurrence by the Government that delay occurred and it was due solely to the weather.

Failure to make adequate preparations for weather or to adequately protect the work from reasonably anticipatable weather will not be considered an impact due solely to weather.

3.3 CALCULATION OF DELAY AND CONVERSION TO CALENDAR DAYS

Any adjustment in the contract period of performance resulting from unusually severe weather will be based upon the weather over a minimum period of six months.

The contractor shall be solely responsible for providing documentation to substantiate that the actual weather was "unusually severe" based on a minimum of 25 years of historical weather data, the critical path was impacted as a result, and the actual impact to the critical path could not have been prevented through reasonably prudent measures.

As part of this documentation, the contractor must substantiate the reasonableness of anticipated weather days included in the schedule as discussed in paragraph 1.3 INCORPORATION IN PROJECT SCHEDULE. Failure to substantiate the reasonableness of the anticipated weather days may result in a determination that the contractor failed to adequately plan and execute the work in a manner consistent with the requirements of the contract, making the delay within their control.

Additionally, the contractor shall provide a detailed listing of all weather days occurring from the Notice to Proceed through the date of the request and show a cumulative net impact to the performance period exceeding that which could be anticipated based on the aforementioned 25 years of historical weather data.

DOCUMENT 00 74 02 Page 3

Any calculation performed within RMS-CM under the "Weather Delays" screens of the QA/QC Module shall not serve as the basis for determining the amount of adjustment required.

3.4 ISSUANCE OF MODIFICATION

If the contractor can substantiate an impact to the completion date of the project based on actual "unusually severe" weather as described herein, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the contract clause 52.249-10 entitled "Default (Fixed Price Construction)".

3.5 DELAYS OUTSIDE STANDARD WORK DAYS

Weather delays occurring prior to Notice to Proceed, during non-working days, and after the required completion date are not excusable under the Defaults clause.

When the contract performance period, or any extension thereof, has passed, no extensions for unusually severe weather will be granted.

This applies as well to any interim milestone or completion date.

DOCUMENT 00 74 02 Page 4

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 30 01

GENERAL REQUIREMENTS (NAU)

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PART 1 GENERAL

1.1 PURPOSE

1.2 DESIGN AND DESIGN RELATED WORK

1.2.1 Requirement for Designs

1.2.2 Performance Requirements

1.3 SUBMITTALS

1.4 DEFINITIONS

1.5 NO WAIVER BY GOVERNMENT

1.6 PROPRIETARY NAMES

1.7 PUBLIC RELEASE OF INFORMATION

1.7.1 Prohibition

1.7.2 Subcontracts and Purchase Orders

1.8 PERSONNEL AND SUBCONTRACTORS

1.8.1 Removal for Non-Compliance

1.8.2 Substitution and Replacement

1.8.3 Qualifications

1.8.4 Employment

1.9 REFERENCES

1.10 REFERENCED STANDARDS

1.10.1 Version and Date of Standard

1.10.2 Host Nation Standards

1.10.3 Equivalency of References

1.11 PRECONSTRUCTION CONFERENCE

1.12 PARTNERING

1.12.1 Informal Partnering

1.12.2 Formal Partnering

1.13 ELECTRONIC MAIL (E-MAIL) ADDRESS

1.14 ELECTRONIC DOCUMENTATION

1.14.1 Use of RMS-CM

1.14.2 Use of Digital Signatures

1.14.3 Format of Documents

1.15 HOURS OF WORK

1.15.1 Normal Work Hours

1.15.2 Work Outside of Normal Hours

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 VIDEO AND PHOTOGRAPHIC DOCUMENTATION

3.1.1 Format

3.1.2 Naming and Identification

3.1.3 Pre-Construction Documentation

3.1.4 Ongoing Work

3.1.5 Weekly Status

3.2 MOBILIZATION PLAN

3.3 PROJECT SIGN

3.4 TRAFFIC CONTROL

3.4.1 Haul Routes

3.4.2 Road Obstructions and Closures

3.5 CONTRACTOR SITE FACILITIES

SECTION 01 30 01 Page 1

3.5.1 Contractor Offices

3.5.1.1 Site Facilities - Other Than JOC Projects

3.5.1.2 Site Facilities - JOC Projects

3.5.2 Construction Fence/Screening

3.5.3 Maintenance of Construction Site

3.5.4 Storage Areas

3.5.5 Physical Security

3.5.6 Washing of Vehicles

3.5.7 WORK AROUND AIRFIELDS

3.6 ENVIRONMENTAL PROTECTION

3.6.1 Environmental Protection Plan

3.6.2 Protection of Personnel

3.6.3 Protection of Land Resources

3.6.4 Protection of Water Resources

3.6.5 Spillage

3.6.6 Dust Control

3.7 MATERIALS

3.7.1 Hazardous Materials

3.7.2 Recycling and Minimization of Waste

3.8 EXCLUSIONS

3.8.1 Prohibited Materials

3.8.2 Hazardous Materials

3.8.3 Explosive Materials

3.8.4 Burning

3.9 PROTECTIVE MEASURES

3.10 UTILITY OUTAGES AND UTILITY CONNECTION REQUESTS

3.11 TEMPORARY CONSTRUCTION AND UTILITIES

3.11.1 Temporary Utilities

3.11.2 Temporary Construction

3.12 EXCAVATION

3.12.1 Permission to Excavate

3.12.2 Utility Locations

3.12.3 Utility Location Verification

3.12.4 Weather Protection

3.13 UNEXPLODED ORDNANCE

3.14 DISPOSITION OF MATERIALS

3.14.1 Turn-In Salvage Materials

3.14.2 Title to Materials

3.14.3 Waste

3.15 RESTORATION OF CONSTRUCTION SITE

3.16 WEEKLY PROGRESS MEETING

SECTION 01 30 01 Page 2

SECTION 01 30 01

GENERAL REQUIREMENTS (NAU)

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PART 1 GENERAL

1.1 PURPOSE

This specification provides general requirements which the contractor shall follow during the execution of the work. As they are general in nature, specific requirements identified in any other portions of the contract, including in other Division 01 specifications, shall take precedence in the event of a conflict. In this context, a conflict exists only when both requirements cannot be met; if both can be met there is no conflict and the contractor shall comply with both requirements.

1.2 DESIGN AND DESIGN RELATED WORK

1.2.1 Requirement for Designs

Where contract documents refer to contractor prepared designs, "design-build" requirements identified in these specifications apply.

As used in the contract documents, design related activities include extensions of design and shop drawings required to perform the work and comply with other technical requirements are considered "contractor prepared designs".

Notwithstanding any language regarding the type of contract, this work is part of this contract and the contractor is required to perform all work necessary to complete this effort. No separate or additional payment will be made for the performance of this effort.

1.2.2 Performance Requirements

Where this contract includes performance requirements or otherwise establishes parameters such as operating parameters, sequences of operation, or coordination of equipment or systems, that requires the contractor to identify, size, select, prepare and submit for review or approval equipment and materials, the contractor is required to perform all efforts necessary to accomplish this effort as part of the contract.

1.3 SUBMITTALS

Government approval is required for submittals with a "G" designation;

submittals not having a "G" designation are for Contractor Quality Control approval. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. Submit the following in accordance with Section 01 33 00

SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Pre-Construction Documentation;

Mobilization Plan; G Environmental Protection Plan; G Traffic Control Plan; G Construction Fence/Screening; G Temporary Construction Plan; G

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SD-03 Product Data

Hazardous Materials; G

SD-11 Closeout Submittals

Weekly Status

1.4 DEFINITIONS

The following definitions apply to terms as used in the Division 01 specification sections. These definitions shall not change or infer a meaning in any other document made part of this contract either directly or via reference.

Fugitive Dust. Solid particles generated by the forces of wind or machinery acting upon materials exposed as a result of the contractors operations

Installation. The entity considered to be the legal owner or authorized user of the location of the construction work.

Project. A "Project" is a single task or delivery order under an Indefinite Delivery, Indefinite Quantity award, including Job Order Contracts (JOC's) and Multiple Award Task Order Contracts (MATOCs). For all other contracts, it refers to a single contract award.

Superintendent. The highest level manager responsible for the overall construction activities on a project, including quality and production. The Superintendent maintains a physical presence at the site at all times work is being performed and is responsible for all construction and related activities at the site, except as otherwise acceptable to the Contracting Officer.

Site. The location where construction work physically occurs. On a single project, when construction work occurs at more than one location, and the locations are geographically separated by more than 5 kilometers (as measured via travel distance), they are considered separate sites.

1.5 NO WAIVER BY GOVERNMENT

The failure of the Government, in any one or more instances, to insist upon the strict performance of any of the terms of this Contract or to exercise any option herein conferred shall not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon such terms or option on any future occasion.

1.6 PROPRIETARY NAMES

Unless identified in the contract as a Sole Source Item, manufacturer's proprietary names indicated for colors, textures and patterns of materials are for the purpose of color, texture and pattern selection only. Other materials are acceptable provided they closely approximate colors, textures and patterns indicated.

Any substitutions must conform to all other requirements and must be approved as a variation in accordance with Section 01 33 00 Submittal Procedures.

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1.7 PUBLIC RELEASE OF INFORMATION

1.7.1 Prohibition

There shall be no public release of information, documents, or photographs concerning any aspect of the materials or services relating to this project without the prior written approval of the Contracting Officer.

1.7.2 Subcontracts and Purchase Orders

The Contractor agrees to insert the substance of above paragraph "Prohibition" in each subcontract and purchase order generated for this contract.

1.8 PERSONNEL AND SUBCONTRACTORS

1.8.1 Removal for Non-Compliance

All Quality Control, Safety, Superintendents, and contractor/subcontractor personnel are subject to dismissal and removal at any time based on the sole discretion of the Contracting Officer for non-compliance with the contract requirements.

Furthermore, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken.

No part of the time lost due to such stop orders is acceptable as the subject of claim for extension of time for excess costs or damages by the Contractor.

1.8.2 Substitution and Replacement

Any in-house personnel, subcontractors, and outside associates or consultants identified in the Contractor’s proposal shall not be replaced or changed without the Contracting Officer's prior written consent.

1.8.3 Qualifications

When qualifications require experience or “related experience”, the experience must be on projects of the same type and nature as the work identified in the project scope of work, and be on contracts with the government of the United States of America, either with the US Army Corps of Engineers or Department of Defense agencies. References and experience must be sufficiently detailed to allow for verification of experience. The Contracting Officer shall have final authority on determining the relevance of any experience submitted.

1.8.4 Employment

Should the continued employment of any person in connection with this contract, or any subcontract hereunder, be deemed by the Contracting Officer to be prejudicial to the interests of the Government, that person shall immediately be removed from the work site. In this connection the Contractor agrees that:

a. Cases which may involve disciplinary action against such persons, or the necessity of reassignment or termination of their services, shall be investigated, processed, reported and disposed of, as directed by the Contracting Officer.

b. Employment contracts of all persons employed in connection with this contract or any subcontract hereunder shall include clauses containing the substance of this section.

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1.9 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2014) Safety and Health Requirements Manual

EP 310-1-6b (2006) Sign Standards Manual, VOL 2, Appendices

1.10 REFERENCED STANDARDS

1.10.1 Version and Date of Standard

The contract documents make various references to Host Nation and US standards, including Unified Facilities Criteria (UFC) and design guides. When a specific version (e.g. "UFC x-xxx-xx, with Change yy") or date is identified in the reference, that specific version of the reference will apply. Where no date or version is specified, the version applicable to the contract shall be the earlier of either:

1. The date of the initial Request for Proposal (RFP) or solicitation for the project. For a MATOC, JOC, or other delivery order type contract, the RFP date refers to the date indicated on the RFP letter for the task order .

2. The date identified on the title page of Section 01 11 00 Statement of Work.

Generic language, such as "the most recent version" or "the most current version" shall be interpreted as indicated above.

1.10.2 Host Nation Standards

Where reference is made in the contract to Host Nation Standards, for example the Deutsches Institut für Normung e.V. (DIN; in English, the German Institute for Standardization) and The European Committee for Standardization or Comité Européen de Normalisation (CEN) (EN Standards), whether such standards are incorporated into the contract in full text or by reference, the standard applies only to establish a technical standard or level of performance or quality and does not create substantive rights under the contract.

All costs required to comply with these standards shall be included in the contract price, including the performance of any additional work, such as “associated” and “special” tasks. Notwithstanding any language in any standard, the requirement to provide any necessary material, item of equipment or work, rests with the contractor unless another contract provision explicitly states that such will be government furnished.

When referenced standards within the same Order of Preference are in conflict with each other (such as when a US Standard conflicts with a European or Host Nation standard within the same specification section), Host Nation Standard shall govern unless otherwise specified within the contract documents. A conflict does not exist when standards require separate methods or performance and both are achievable. In these situations, the contractor shall comply with both standards.

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1.10.3 Equivalency of References

Where the contract allows for Host Nation standards to be used in lieu of a specific US Standard, but does not specifically identify by name or title the standard being referenced, the contractor must identify the specific Host Nation standard and show the equivalency of the standard.

1.11 PRECONSTRUCTION CONFERENCE

Prior to commencement of any work at the site, meet with the Contracting Officer to discuss and develop a mutual understanding relative to the administration of the contract, including quality and safety programs, preparation of the schedule of prices or earned value report, shop drawings, and other submittals, scheduling programming, and prosecution of the work. Major subcontractors who will engage in the work must also attend.

1.12 PARTNERING

To most effectively accomplish this contract, the Government requires the formation of a cohesive partnership within the Project Team whose members are from the Government, the Contractor and their Subcontractors. Key personnel from the Supported Command, the End User (who will occupy the facility), Subject Matter Experts, the Installation, the Contractor and Subcontractors, and the Designer of Record will be invited to participate in the Partnering process. The Partnership will draw on the strength of each organization in an effort to achieve a project that is without any safety mishaps, conforms to the Contract, and stays within budget and on schedule.

Each participant bears their own costs for meals, lodging, and transportation associated with the Partnering sessions.

The Contracting Officer will provide information on the Partnering Process and a list of key and optional personnel who should attend the Partnering meeting. Partnering will be accomplished via the methodology indicated in the following table.

PARTNERING METHODOLOGY

Informal as described in paragraph

INFORMAL PARTNERING

Formal as described in paragraph

FORMAL PARTNERING

1.12.1 Informal Partnering

The Contracting Officer will organize the Partnering Sessions with key personnel of the project team, including Contractor personnel and Government personnel.

The Initial Partnering session should be a part of the Pre-Construction Meeting. Partnering sessions will be held at a location determined by the Contracting Officer. The Partners will determine the frequency of the follow-on sessions, at no more than 3 to six month intervals.

1.12.2 Formal Partnering

Provide and host the Partnering sessions with key personnel of the

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Project Team, including Contractor personnel and Government personnel.

The contractor shall pay all costs associated with the Partnering effort including the Facilitator, the meeting room, and other incidental items.

Before a Partnering session, coordinate with the Facilitator all requirements for incidental items (such as audio-visual equipment, easels, flipchart paper, colored markers, note paper, pens/pencils, colored flash cards), and have these items available at the Partnering session. Provide copies of documents for distribution to all attendees.

Provide a Facilitator experienced in conducting Partnering Workshops, and who is acceptable to both the Government and the Contractor. The Facilitator is responsible for leading the team in a timely manner and making sure that issues are identified and resolved.

a. Schedule the Initial Partnering Session for a duration of one day minimum. Locate this session at a place off the construction site, as agreed to by the Contracting Officer and the Contractor. It may take place concurrently with the Pre-Construction Meeting.

b. Schedule follow-on Partnering Session(s) for a maximum of 4 hours. Schedule them at no more than 3 to six month intervals.

Follow-on meetings may be held concurrently with other scheduled meetings. Attendees need only be those required to resolve current issues. The same Facilitator from the Initial Partnering session shall be used to achieve best results and for continuity, unless approved in writing by the Contracting Officer.

1.13 ELECTRONIC MAIL (E-MAIL) ADDRESS

Establish and maintain electronic mail (e-mail) capability along with the capability to open various electronic attachments as text files, pdf files, and other similar formats. The Government will use the e-mail address provided with the contractors offer/proposal for electronic communications from the Contracting Officer related to this contract.

The Contracting Officer may also use e-mail to notify the Contractor of base access conditions when emergency conditions warrant, such as terrorist threats.

It is the Contractor's responsibility to make timely distribution of all Contracting Officer initiated e-mail with its own organization including field office(s). Promptly notify the Contracting Officer, in writing, of any changes to this e-mail address.

1.14 ELECTRONIC DOCUMENTATION

1.14.1 Use of RMS-CM

Refer to Section 01 45 01 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM) (NAU) for use of RMS-CM. RMS-CM will be used to maintain electronic records for this contract, including:

Serial Letters Transmittals and Submittals Requests for Information (RFI's) Quality Control Documentation including QC Reports, Three-Phase

Inspection Checklists Schedules Meeting Minutes Proposals for Changes and Modifications, including Claims and

Requests for Equitable Adjustment (REAs)

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Documents stored in RMS-CM will be considered the official record copy.

Additional requirements may be identified in other specifications.

1.14.2 Use of Digital Signatures

Electronically generated records must include a digital signature which can be validated as being applied to the document by the person(s) indicated.

Image files which can be placed by anyone with access to the file are unacceptable as digital signatures.

1.14.3 Format of…