Att. 2 MATOC GENERAL Requirements USAG Bavaria.pdf

USAG BAVARIA MATOC

Contract No: GENERAL CONDITIONS & REQUIREMENTS Attachment

June 2024 Page 1 of 32

1. GENERAL

1.1 INTRODUCTION

The purpose of this Multiple Award Task Order Contract (MATOC) is to provide work for a broad range of sustainment, restoration, modernization and minor new construction projects at USAG Bavaria. The projects will encompass tasks in a variety of construction and trade areas as described in Attachment 1.

All work and services shall be performed in accordance with the terms, conditions, requirements, specifications, drawings, exhibits, sketches, references, and publications contained in the contract or incorporated by references.

1.2 DEFINITIONS

A. Contract documents for this project consists of plans, specifications, addenda, approved change orders, and the contract together with its attachments.

B. Code or codes referred to in these specifications shall mean all laws, ordinances, and codes by Host Nation and DoD Unified Facilities Criteria. The Host Nation construction codes shall be used unless superseded by more stringent, applicable criteria.

C. Contractor: the company contracted with, who is responsible for the total work and completion of the project.

D. Contracting Officer (KO): a government official with authority to enter into, to administer, and to terminate government contracts.

E. Contracting Officer’s Representative (COR): An authorized representative of the Contracting Officer appointed in writing to perform specific contract administrative functions.

F. Quality Assurance: Those actions taken by the Government to assure services meet the requirements of the Work Description/Statement of Work.

G. Quality Control: Those actions taken by the Contractor to control the performance of construction or repair services so that they meet the requirements of the work description / Statement of work.

H. Gender: In most cases, parties are referred to in the masculine sense, i.e., he, him or his. In all cases this may be feminine, i.e., she, her or hers.

I. Submittal: A required document submitted for government approval. This includes shop drawings, catalog cuts, samples, test results, or any other items required to be submitted by the contract documents.

1.3 ABBREVIATIONS

cbm = cubic meter ea = each ha = hectare kg = kilogram linm = linear meter LS = lump sum

June 2024 Page 2 of 32 ltr = liter m = meter sqm = square meter AA = Analogous Output AC = alternating current AE = Analogous Input approx. = approximately aux. = auxiliary BACS = Building Automation and Control System BACnet = Building Automation and Control Network COR = Contracting Officer’s Representative cu = copper cont. = contact DA = Digital Output DC = direct current DDC = Direct-Digital-Control DE = Digital Input DN = nominal diameter EMC = electromagnetic compatibility EMCS = Energy monitoring and control system EPDM = ethylene propylene diene Monomer etc. = etcetera IAW = in accordance with I/O Module = Input / Output Module KO = Contracting Officer LSA+ = connection technology without solder, screw, strip LED = light emitting diode N = neutral conductor NEMA = National Electrical Manufacturers Association PE = protective earth conductor / Polyethylene

PEN = PE + N

PN = nominal pressure (l/w/h) = (length/width/height) (h/w/d) = (height/width/depth) (h/w) = (height/width)

1.4 REGULATIONS

The work to be performed and material to be furnished shall be in accordance with the following standards and regulations:

A. DIN standards (German Industry Standards) of German Construction Contract Procedures (VOB), Part C, identified below are governing:

DIN 18 299 General Regulations for all kinds of Construction Work DIN 18 300 Earth Work DIN 18 301 Boring Work DIN 18 302 Lining of Boreholes DIN 18 303 Sheathing Work DIN 18 304 Piling, Jiggling and Pressing Work

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DIN 18 305 Dewatering Work DIN 18 306 Sewer Work DIN 18 307 Underground Pressure Pipe Work Outside of Buildings DIN 18 308 Drainage Work DIN 18 309 Injection Work DIN 18 310 Stabilization Work at Waters, Dikes and Coastal Dunes DIN 18 311 Wet Excavation Work DIN 18 312 Underground Construction Work DIN 18 313 Slit Wall Work with supporting Liquids DIN 18 314 Gunite Work DIN 18 315 Traffic Routes Construction Work, Top Courses without Binding Agent DIN 18 316 Traffic Routes Construction Work, Top Courses with Hydraulic Binding Agents DIN 18 317 Traffic Routes Construction Work, Top Courses of Asphalt DIN 18 318 Traffic Routes Construction Work, Unconnected Stone Pavings and Tile

Coverings, Borderings DIN 18 319 Pipe Pressing Work DIN 18 320 Landscape Construction Work DIN 18 321 Nozzle Streaming Work DIN 18 322 Civil Engineering Works for Cable Placement DIN 18 325 Railroad Construction Work DIN 18 330 Masonry Work DIN 18 331 Concrete Work DIN 18 332 Natural Stone Work DIN 18 333 Cast Stone Work DIN 18 334 Carpentry and Constructional Timber Work DIN 18 335 Steel Construction Work DIN 18 336 Sealing Work DIN 18 338 Roofing and Roof Sealing Work DIN 18 339 Plumber's Metalwork DIN 18 340 Dry Wall Construction DIN 18 345 Thermal Insulation Composite Systems DIN 18 349 Concrete Conserving Work DIN 18 350 Plaster and Stucco Work DIN 18 351 Curtain-type Facades Ventilated at Rear DIN 18 352 Tile and Slab Work DIN 18 353 Floor Finishing Work DIN 18 354 Mastic Asphalt Work DIN 18 355 Joinery Work DIN 18 356 Parquetry Work DIN 18 357 Metal Fitting Work DIN 18 358 Roller Shutter Work DIN 18 360 Metal Construction Work DIN 18 361 Glazing Work DIN 18 363 Painting and Enameling Work, Surface Coatings DIN 18 364 Corrosion Protection on Steel Constructions DIN 18 365 Floor Covering Work DIN 18 366 Wall Papering Work DIN 18 367 Wood Block Paving Work DIN 18 379 Ventilation and Air Conditioning Systems DIN 18 380 Heating and Centralized Water Heating Systems

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DIN 18 381 Gas, Water and Sewer Systems within Buildings DIN 18 382 Low and Medium Voltage Systems with Nominal Voltage up to 36 kV DIN 18 384 Lightning Protection Systems DIN 18 385 Conveyors, Elevator Systems, Escalators and Passenger Conveyors DIN 18 386 Building Automation DIN 18 421 Thermal Insulation at Technical Systems DIN 18 451 Scaffolding Work DIN 18 459 Demolition and Deconstruction DIN EN 1717 Protection against pollution of potable water installations and general requirements of devices to prevent Pollution by backflow

B. Other regulations:

VDE Regulation No. 0100 Erection of power installations, with rated voltages up to 1000 V VDE Regulation No. 0101 Power installations exceeding 1 kV VDE Regulation No. 0105 Operation of power installations VDE Regulation No. 0108 Emergency escape lighting systems VDE Regulation No. 0165 Electrical apparatus for explosive gas atmospheres VDE Regulation No. 0185 Protection against lightning VDE Regulation No. 0510 VDE specification for electric storage batteries and battery plants VDE Regulation No. 0800 Information technology - Cabling installation VDE Regulation No. 0833 Alarm systems for fire, intrusion and hold-up ChemVOCFarbV Chemical policy regulation for the limitation of emissions of volatile organic compounds (VOC) by restricting that the solvent-containing paints and coatings are placed on the market

EN ISO 16484 Building Control Systems (BACS)

Pertinent accident prevention regulations of the employer's liability insurance association.

ZTV Asphalt Stb 94 Additional Technical Contract Conditions and Guidelines for the Construction of Road Covers of Asphalt ZTV Beton-Stb Additional Technical Contract Conditions and Guidelines for the

Construction of Road Covers of Concrete ZTV Fug 3-Stb Additional Technical Contract Conditions and Guidelines for Joint

Fillings in Traffic Surfaces; Joint fillings in Traffic Surfaces of Concrete with compressible elastic profiles

ZTVT-StB Additional Technical Contract Conditions and Guidelines for Base Courses in Road Construction

RG Min-Stb Guidelines for Quality Supervision of Mineral Materials for Road Construction

TL Min-Stb Technical Delivery Conditions for Mineral Materials for Road Construction

ZTVE StB Additional Technical Regulations and Guidelines for Earth Work for Road Construction, latest edition

ZV-Stra Additional Conditions of Contract for the Execution of Construction Work on Roads

TVT 72 Technical Regulations and Guidelines for the Performance of Base Courses for Road Construction

TL MIN 78 Mineral Materials for Road Construction

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C. Refer to Specitication Section 01 42 00 in Attachement 2 for applicable publications required for reference. If there are any reference documents needed that are not listed in this specification, please contact the KO to acquire.

1.5 CONTRACTOR RESPONSIBILITY

The Contractor's work and responsibility shall include all Contractor development, planning, programming, administration, and management necessary to provide work as specified. The work shall be conducted in accordance with the contract and all applicable Department of Defense (DoD) Unified Facilities Criteria (UFC) and Host Nation local laws, regulations, codes, and directives, whichever are more stringent to include applicable documents listed. If Host Nation regulations and DoD UFC regulations are contradictory, but both meet the requirements, then the Host Nations regulations and codes take preference. Any aforementioned contradictions should be brought to the attention of the KO or Authorized Representative in writing for possible action or exemptions. The Contractor shall ensure that all work meets critical reliability rates or tolerances specified or included in applicable referenced documents. The Contractor shall perform all related Contractor administrative services necessary to perform the work, to include, but not be limited to, the following: supply, quality control, Contractor financial control, and maintenance of accurate and complete records, files, and libraries of documents to include UFC and Host Nation local laws, regulations, codes, technical manuals, and manufacturer's instructions and recommendations. The Contractor shall provide related services such as record drawings, preparing and providing required reports, compiling historical data, performing administrative activities, and submitting necessary information as specified. The Contractor is also responsible for providing to contracting and the COR, the meeting minutes of all meetings with the COR. The minutes should include, at a minimum, the date of the meeting, names of attendees, matters discussed, and any points of contention.

1.6 AUTHORIZATION TO PERFORM WORK IN GERMANY

A. Contractors performing work in the Federal Republic of Germany (FRG) shall comply with German law. The Contractor shall determine whether performance requires registration with German authorities or authorization to do business in Germany and, if so, shall comply with all requirements. Whether or not registration or authorization to do business is required, the Contractor also shall determine what documents or authorization its employees and any subcontractor employees shall possess to work in Germany. The Contractor shall ensure affirmatively that its employees and subcontractor employees possess such documents or authorizations.

B. Contractor employees who:

(1) are not nationals of Germany or other European Union countries, and

(2) are not members of the force, the civilian component or their dependents, and

(3) do not have assimilated status under Articles 71, 72, or 73 of the Supplementary Agreement to the NATO SOFA shall possess work and residence permits.

C. The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable laws, codes, and regulations applicable to the performance of the work.

D. By acceptance of and performance under this contract and any task orders or delivery orders issued hereunder, the Contractor affirms that it has complied with the requirements above. Compliance

June 2024 Page 6 of 32 with this clause and German law is a material contract requirement. Noncompliance by the Contractor or subcontractor at any tier shall be grounds for issuing a negative past performance evaluation and terminating this contract, task order, or delivery order for default.

2. SCOPE OF WORK

2.1 GENERAL

The Contractor shall provide all labor, materials, tools, expertise, testing, surveying, equipment, reports, samples, warranties, and transportation necessary to complete the project according to the contract documents. The Contractor shall meet all applicable Host Nation, DoD Unified Facilities Criteria, and other applicable jurisdictional codes in the performance of this contract.

2.2 MEANING AND INTENT

The drawings and specifications show the extent and locations of work to be performed under the contract. However, the Contractor shall be responsible for all critical dimensions, elevations, grades, details, and other miscellaneous items that can be verified. The Contractor shall field verify all such items before ordering materials or performing any work.

2.3 TASK ORDERS

As a new requirement arises, the Task Order will be solicited amongst the current pool of MATOC Contractors. A Task Order Request for Proposal (TORFP) will be provided along with all documents associated with the requirement (i.e. SOW, Drawings, Specifications, etc.). The successful Contractor will be contracted by issuance of a Task Order against their MATOC contract.

2.4 TASK ORDER REQUEST FOR PROPOSAL (TORFP)

A TORFP along with all documents associated with the requirement (i.e. SOW, drawings, specifications, etc.) will be provided to all the current MATOC Contractors. The TORFP will indicate the planned dates for the site visit, due dates for questions, formats to be utilized for responding to the TORFP, process to be utilized in selection, and proposal due date along with any other pertinent information specific to the requirement. Amendments to the TORFP will address any changes and or updates (i.e. date changes, documents, responses to questions, additional information, etc.). Upon receipt of the proposals, the proposal that represents Lowest Price Technically Acceptable (LPTA) or other criteria as specified in Attachment 1 will determine which Contractor proposal will be awarded the Task Order award. The remaining Contractors will be notified of the selection.

2.5 TASK ORDER AWARD

Task Order awards will be issued by the KO using a Department of Defense (DD) Form 1155, Order for Supplies or Services. Each task order will include the following information:

A. Effective date of the Task Order

B. Contract number and Task Order number

C. Engineering Division’s project number

D. Item number, description, material submittal requirements, quantity, price, and total

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E. Task Order price and delivery or performance information

F. Accounting and appropriation data

G. Applicable General Division

H. Any statement of work, drawings, or other pertinent data

I. Government Furnished Property or Statutory Cost Limits, if applicable

2.6 CHANGES IN THE WORK

A. This includes changes involving cost or those not involving cost. No change will be acceptable unless approved in writing by the KO.

B. Changes shall not be made by using material approval submittal forms or its attachement(s). Any material submittal that varies shall call out that change in writing.

3. SUBMITTALS

3.1 CONTROL OF SUBMITTALS

The Contractor shall ensure submittals are submitted in accordance with the Schedule of Material Submittals for the Task Order (see Submittal Register provided with the Task Order documents).

Submittals shall be approved by the COR in accordance with Specification Section 01 33 00 in Attachment 2.

3.2 NUMBER OF SUBMITTALS

The number and type of submittals required are listed on the Schedule of Material Submittals (SMS) form, ENG 4025-R.

3.3 CATALOG CUTS

All catalog cuts that are submittals, shall be marked or highlighted showing model numbers, capacities, finishes, sizes, etc., of actual proposed equipment. Each item submitted for approval shall have its own sheet provided for approval. Reference each item to an applicable specification paragraph or drawing number. Where items are submitted as a result of changes, reference the change order number or other contract authorization information.

3.4 APPROVED SUBMITTALS

The approval by the KO or COR will not be construed as a complete check, but will indicate only that the general method of construction, materials, detailing and other information appears to be satisfactory.

Approval will not relieve the Contractor of the responsibility for compliance with the contract. After the KO or COR has approved submittals, no re-submittal for the purpose of substituting materials or equipment will be given consideration unless accompanied by an explanation as to why a substitution is necessary.

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3.5 SHOP DRAWINGS

The Contractor shall prepare all shop drawings using actual job dimensions (metric) and conditions. The Contractor shall not use dimensions shown on plans. The Contractor shall not submit catalog cuts for shop drawings. Shop drawings must be drawn accurately and at a scale large enough to show all details of construction and attachments. All dimensions must be shown and all materials labeled.

3.6 DISAPPROVED SUBMITTALS

The Contractor shall make all corrections required by the KO or COR and promptly furnish a corrected submittal in the form and number of copies as specified for the initial submittal. When the Contractor considers any correction indicated on the submittals to constitute a change to the contract, notice shall promptly be given in writing to the KO or COR for determination. Should the Contractor be required to re-submit a submittal more than twice, the estimated cost to process the submittal may be deducted from the contract amount for each additional re-submittal.

3.7 UNISTALLED MATERIALS AND EQUIPMENT

If material and equipment must be stored on site, the area shall be designated by the KO or COR. Any inventory susceptible to weather damage shall be protected. Inventory, until acceptably installed in the project, is fully the responsibility of the Contractor. No allowance will be made for material or equipment that becomes unacceptable due to damage.

3.8 QUALITY CONTROL

Refer to Quality Control Plan section. The Contractor shall develop submittals for the base contract and shall provide these submittals to the KO for review and approval no later than fifteen (15) working days after award of the contract. In the event any of the Base Contract submittals are disapproved by the KO, the Contractor shall revise the disapproved submittal to address all comments and resubmit to the KO within five (5) working days of receipt of comments. Base Contract submittals shall include Safety Plan and Quality Control Plan.

3.9 CLOSEOUT DOCUMENTS

A. Record drawings shall be submitted in accordance with the Record Drawing section.

B. Operation and maintenance manuals shall be sumbitted in accordance with the Operation and Maintenance section.

C. Warranty documents shall be submitted in accordance with the Warranty section.

4. QUALITY CONTROL PLAN (QCP)

4.1 GENERAL

The Contractor Quality Control Plan (QCP) with which the Contractor proposes to implement the requirements of FAR Clause 52.246-12, Inspection of Construction, shall identify, in Section I (of their QCP), personnel, procedures, instructions, records, and forms to be used. At a minimum, the Contractor’s QCP shall include the three-phase QC process which consists of preparatory, initial, and follow up phases. The Contractor shall submit, in writing, a copy of the QCP within fifteen (15) working days of contract award. The final QCP will be approved within thirty (30) calendar days of contract award with

June 2024 Page 9 of 32 changes/revisions made.

A. Refer to Specification Section 01 45 00.00 10 in Attachment 2 for minimum criteria required by

QCP.

B. In addition to any requirements in the specification, the Contractor's quality control plan shall have as a minimum:

(1) Identification and clearly defined authority of key personnel under the Contractor's organization.

(2) A quality inspection system covering all general and specific tasks included in the contract scope of work. It should specify tasks or areas to be inspected on either a scheduled or unscheduled basis, and the manner in which inspections are to be conducted.

(3) The names of firms or individuals tasked to perform inspections and the extent of their authority. This may be in the form of an organization chart or other form approved by the COR.

(4) Proposed test methods, including names of technicians or qualified testing laboratories to be used, if applicable. Tests shall be specified.

(5) A method of identifying deficiencies in the quality of services or construction performed before the level of performance becomes unacceptable.

(6) A method of documenting and enforcing quality control operations of both prime and subcontractor work, including inspection and testing.

(7) Key control, internal control or security procedures, if applicable.

(8) Any winterization plans and procedures for outdoor and exposed Contractor and Government furnished equipment, if applicable.

(9) A method of identifying deficiencies in the quality of manufacturing, services, or construction performed before the level of performance becomes unacceptable.

(10) Detailed information specifying the types of action the Contractor shall take to correct deficiencies and prevent their recurrence.

(11) Detailed information on the inspection methods used and proposed test methods, including names of technicians or qualified testing laboratories to be used, if applicable. Tests shall be specified.

4.2 GOVERNMENT CHANGES TO QCP

The Government reserves the right to require the Contractor to make changes in its QCP and operations as necessary to obtain the quality specified. These changes must be submitted to and approved by the KO or COR.

4.3 ORGANIZATION

A. A staff shall be maintained under the direction of the QC Representative (e.g. Director/Manager) to

June 2024 Page 10 of 32 perform all QC activities. Some Task Orders may require that the assigned QC Manager not be assigned to other projects based on the Task Order’s project size, complexity and corresponding QC requirements. This QC Manager requirement will be indicated in the documents included in the TORFP package. The actual strength of the staff during any specific work period may vary to cover work phase needs, shifts, and rate of placement.

B. Minimum Qualifications: See Specification Section 01 45 00.00.10 in Attachment 2.

C. Minimum Staffing: Each Task Order in progress shall be inspected at least daily and documented.

D. The QC Representative shall be responsible for certifying that all submittals are in compliance with the contract requirements.

4.4 CONTROL

Contractor Quality Control is the means by which the Contractor assures that the construction complies with the requirements of the contract plans and specifications. The controls shall be adequate to cover all construction operations, including both on-site and off-site fabrication, and will be key to the proposed construction sequence. Quality control includes, as a minimum, the following functions:

A. All submittals are timely submitted and approved in accordance with the contract.

B. Approved submittals are required prior to installation.

C. The supplies that are delivered are the same as the ones on the submittal.

D. The supplies are in the proper condition when delivered.

E. The supplies are stored properly and protected from environmental exposure.

F. The construction equipment is correct and meets contract requirements.

G. Testing provisions are reviewed and testing equipment and personnel are available and correct.

H. All tests are performed at the proper times and in the proper places.

I. All test reports meet contract requirements.

J. The workers are cognizant of the required level of workmanship.

K. Inspect each area of work to insure the preparation for the work is correct.

L. Inspect each feature of the work to ascertain that no deficient work is covered up by succeeding work.

M. Inspections shall continue throughout the contract.

N. Document all inspections.

O. The documentation covers both conforming and defective work.

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P. All deficiencies are corrected.

Q. Develop procedures to ensure that deficiencies do not recur.

R. Develop a "punch list" for the completion inspection.

S. Government officials are notified at the proper times of inspections or tests that are required.

5. WORK BY THE GOVERNMENT

The Government reserves the right to undertake performance by Government forces or other Contractors, for the same type or similar work as contracted for herein, as the Government deems necessary or desirable, and to do so will not breach or otherwise violate this contract.

6. REQUIRED INSURANCE

The Contractor shall comply with FAR 28.301, Insurance – Policy, and at their own expense, procure and maintain the following kinds of insurance during the duration of the contract.

6.1 WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY

The Contractor shall comply with applicable Federal and Host Nation workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a Contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required per per FAR 28.307-2(a).

6.2 GENERAL LIABILITY

The Contractor is required to provide bodily injury liability insurance coverage written on the comprehensive form of policy that meets minimum Federal and Host Nation requirements of at least $500,000 per occurrence per FAR 28.307-2(b).

6.3 AUTOMOBILE LIABILITY

The Contractor is required to provide automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. The amount of liability coverage shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims per Host Nation laws and regulations per FAR 28.307-2(c).

7. CONTROL OF WORK AND MATERIALS

7.1 FIRE AND ACCIDENT PREVENTION

The Contractor shall comply with FAR 52.236-13, Accident Prevention, the references contained therein (e.g. EM 385-1-1), and applicable Host Nation Safety Laws and Regulations. The requirements under FAR 52.236-13 and specifically of the EM 385-1-1 include, but are not limited to the following:

A. Before initiation of work at the job site, an accident prevention plan, written by the Contractor for the specific work and hazards of the contract and implementing in detail the pertinent requirements

June 2024 Page 12 of 32 of EM 385-1-1, will be approved by designated Government personnel. Specific requirements for development of the accident prevention plan are found in 01.A and Appendix A of EM 385-1-1.

EM 385-1-1 is available online at www.usace.army.mil.

B. Before beginning any work presenting hazards not experienced in previous project operations or where a new work crew or subcontractor is to perform work, activity hazard analysis (AHA) shall be prepared by the Contractor (See paragraph 01.a.09 of EM 385-1-1).

C. The Contractor shall notify the Directorate of Emergency Services - Base Fire Department whenever an existing fire detection, alarm or extinguishing system is anticipated to be disconnected, relocated, and/or extended.

D. The Contractor or an individual appointed will be placed in charge of fire prevention.

Responsibilities of the Contractor shall include assuring proper availability, operation, and location of the fire protection equipment, general supervision of safeguards, and location of salamanders or portable heating equipment and establishment and maintenance of safe cutting and welding operations.

E. An adequate water supply for fire protection shall be available at the project site.

F. An approved portable extinguisher shall be provided at every facility wherever a tool house, storeroom or other shanty is placed, or a room or space is used for storage, dressing room or workshop. Approved portable extinguishers shall be provided on each floor of multistory buildings, located in plain sight of the working stairway where the majority of workers pass. Distribution and maintenance of extinguishers shall be in accordance with NFPA Standard No. 10, Portable Fire Extinguishers.

G. Access for use of fire fighting vehicles shall be provided to the immediate job site at the start of construction and maintained until all construction is completed. Access from the street to fire hydrants and to outside connections for standpipes or other fire extinguishing equipment, whether permanent or temporary, shall be provided and maintained at all times.

H. Flammable liquids and other hazardous materials such as paints, flammable thinners, gasoline, asphalt, and tar shall be stored in small detached structures or out in the open and not inside main buildings. Low flash point liquids used within buildings will be handled only in approved safety cans. Asphalt and tar kettles shall be located in a safe place outside of the building. Such kettles shall not be placed on roofs or porches and shall be no closer than 10 m to a building. Continuous supervision shall be maintained while kettles are in operation. Metal covers shall be provided for all kettles to smother flames in case of fire. Two portable dry chemical extinguishers will be placed near each tar pot kettle. Used roofing mops shall be stored outside the building and away from other combustible materials.

I. The Contractor shall require subcontractors to submit their plan of operations showing methods they propose to use in accomplishing major phases of work.

J. The Contractor shall discuss the plans in conferences convened by the KO prior to starting work on each major phase of operation. Plans shall include all pertinent information such as layout of haul roads, access roads, storage areas, electrical distribution lines, methods of providing minimum exposure to overhead loads, and methods of access to work areas. The plan for accomplishing the initial work phase shall be submitted within fifteen (15) working days after award of the Task Order. Plans for subsequent major phases of work shall be submitted no later than fifteen (15) http://www.usace.army.mil/

June 2024 Page 13 of 32 working days prior to initiation of work on each major phase.

K. In all areas where construction, demolition, alteration, building, or similar related activities take place, the Contractor shall have the following minimum personal protective clothing and equipment requirements in place for any person working on or visiting the site:

(1) Short sleeve shirt.

(2) Long trousers.

(3) Steel-toed safety boots.

(4) Hard hat.

L. In addition to other requirements for accident prevention specified in this contract, the Contractor is responsible for compliance with all Federal and State requirements governing safety and health protection on construction sites and other applicable occupational safety codes. In particular, within the requirements of the German Safety and Health Protection Regulation for Construction Sites, Baustellenverordnung (BaustellV), dated 10 June 1998, the Contractor is responsible for coordination of all work at the site, including development of plans and providing advance notices.

The Contractor shall indicate its plan for compliance considering conditions of the work described by the design, technical proposal, operational activities of the Government or others in the area of the work, identification of the coordinator, and implementation of all other accident prevention provisions of this contract. For the compliance with host nation laws and regulations, the Contractor shall assure that it complies with the non-exclusive list of duties described in this clause.

If the Contractor determines that additional activities are required to fully comply, the Contractor shall assure that compliance with the laws is complete. The duties include:

(1) Conditions of construction and operational activities to be considered include but are not limited construction activities meeting the following criteria:

(a) The work is scheduled to last longer than thirty (30) working days and on which more than twenty (20) workers are occupied simultaneously, or

(b) The volume of work is scheduled to exceed 500 person days, or the work presents particularly hazardous tasks (e.g. excavations deeper than 5 meters, falls from a height of greater than 7 meters, exposures to hazardous chemical or biological substances, work at less than 5 meters from high voltage lines, underground earth works or tunnels, danger of drowning, diving, use of compressed air, work with ionizing radiation, explosives, or work involving assembly or dismantling of heavy prefabricated components (10 tons or greater)).

(2) If the Contractor determines that the BaustellV, dated 10 June 1998, applies, the Contractor shall prepare a Safety and Health Protection Plan (SIGE) as required under that regulation. The SIGE shall be submitted two weeks prior to mobilization. In addition, the Contractor shall appoint a qualified Safety Coordinator who shall ensure that safety measures are implemented during construction. The Safety Coordinator shall meet minimum training and experience requirements required under Host Nation laws.

(a) The SIGE shall be written in a comprehensive form and explained in language the workers understand and shall contain the following minimum information:

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(i) Maintenance of tools and equipment.

(ii) Provisions for the storage and disposal of materials and waste, particular hazardous materials and substances.

(iii) Modifying performance periods for such work, taking into consideration the site conditions.

(iv) Organizing cooperation between different employers and contractors without employees.

(v) Interaction between work at the site and other operational activities in the area, on which or near which the first identified work shall be performed, and taking into consideration the instructions and advice of the coordinator as well as safety and health plans.

(b) The Contractor is responsible for completing and providing any safety notifications required by host nation authorities and shall provide proof to the KO that such notifications were made.

7.2 DISPOSAL OF DEBRIS

A. Material, such as asphalt, concrete, wood, construction debris, metal, branches, rootstocks, cardboard, hazardous waste (cleaning agents, paints etc.), dismantled material (cables, pipes, installation material etc.) or soil excavation becomes property of the Contractor and shall be disposed of in accordance with German laws and regulations (for example Closed Cycle and Waste Management Act, Ordinance of Waste Wood Management, Guideline 3.4/1 of the Bavarian Water Board for tar debris, etc.). If applicable, the Contractor shall commission a certified laboratory to analyze representative samples for classification. Sampling and chemical analysis of the excavated soil shall be executed according to LAGA PN 98 (German Interstate Working Party on Waste Processing - Ordinance for the procedure for physical, chemical and biological analyses in connection with recycling/removal of waste). If the sample analysis shows contamination classifications not included in any of the specification items, an appropriate contract modification will be issued.

B. Waste wood resulting from demolition work shall be disassembled individually and stored separate from other debris. The disposal shall be in compliance with the German Ordinance on the Management of Waste wood ("Altholzverordnung"). Waste wood shall be categorized and disposed of based on the Ordinance on the Management of Waste wood.

C. A copy of the waste consignment document shall be provided to the COR.

D. The dismantled material shall be stored in water-tight covered containers until removal and shall be disposed of at least once a week.

E. Within USAG Bavaria there is a separate sewer system for rain water and waste water. Therefore, accumulated waste water shall be disposed of via waste water duct in coordination with the COR.

7.3 DISPOSAL OF CONTAMINATED SOIL

A. Organoleptically conspicuous excavated soil shall be lab-examined for contamination according to

June 2024 Page 15 of 32 the criteria of LAGA (Working Group of the Federal States on Waste). Sampling shall be performed in accordance with LAGA-information 32 – PN 98. The Contractor shall take as many individual samples as necessary in order to achieve the full number of composite samples in accordance with table 2 of PN 98. The installation classes shall be determined in accordance with the identified parameters of the respective classification values and the material shall be disposed of accordingly.

B. The Contractor shall coordinate with the COR the soil sampling needed for the analysis and test report.

C. A copy of the waste consignment document, accompanying papers and weight certificate shall be provided to the COR.

7.4 HAZARDOUS WASTE

A. Hazardous waste (for example cleaning agents, paints, glue, containers of chemical products and materials) shall be disposed of at the appropriate waste disposal site in accordance with German law and regulation by the Contractor. Hazardous waste shall not be stored or dumped on U. S.

Army controlled property. Costs for hazardous waste disposal shall not be separately priced, unless specifically stated otherwise. A copy of the waste consignment document, accompanying papers and weight certificate shall be provided to the COR.

B. Costs for the documentation of the disposal (such as waste consignment documents, accompanying and transfer papers, review by the Bavarian State Office for Environmental Protection (LFU) if the hazardous waste is not disposed of within Bavaria) shall be paid by the Contractor.

7.5 JOB SITE EQUIPMENT AND STORAGE

A. The Contractor shall be responsible for the safe storage of material and equipment. Upon approval from the COR and at their own risk the Contractor may be authorized to erect containers for personnel and construction equipment/material according to current German workplace ordinance.

These containers shall be a minimum of 25 meters away from any building occupied by 10 or more personnel. Construction materials and other equipment shall not be stored in U.S. buildings. Upon completion of work the Contractor shall clean up the storage area and return it to its original condition.

B. A visually acceptable site at USAG Bavaria is an important construction standard. A clean well-kept site will help ensure compliance with the safety and environmental requirements of the contract. The Contractor shall maintain the trailers or storage buildings in good condition or must remove them. The Contractor shall be responsible for the security of property and general housekeeping of the project area(s). The Contractor shall locate the temporary facilities behind the construction fence and screen from public view.

C. The Contractor shall coordinate with the COR and the DPW to identify locations for any office trailers, matieral containers, dumpsters, temporary sanitary facilities, and worker parking areas. The Contractor shall submit the site plan showing the location of the discussed equipment/areas to the COR for approval prior to starting the work. The plan shall identify the location of the required safety and construction fences. At the completion of the work, the Contractor shall remove all temporary facilities, fences, and utility connections, and shall restore the site to its original condition.

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D. Construction trailers shall have a sign attached indicating the Contractor name, phone number, and contract number.

E. Dumpsters shall be equipped with a secure cover. The cover shall be closed at all times, except when being loaded with trash and debris and unloaded. Locate dumpsters behind the construction fence and screened from public view. Empty site dumpsters at least once a week, or as needed to keep the site free from debris and trash. If necessary, provide 208-liter trash containers to collect debris in the construction site area. Locate the trash containers behind the construction fence and screen from public view. Empty trash containers at least once a day. Large demolition normally requires large roll-off dumpsters without lids. These are acceptable but should not have debris higher than the sides before emptying. All project trash and debris shall be removed and disposed of off base in accordance with Host Nation Waste Disposal requirements.

F. All temporary sewer and sanitation facilities shall be self-contained units with both urinals and stool capabilities. Ventilate the units to control odors and fumes plus empty and clean units at least once a week or more often if required by the KO or COR. The doors should be self-closing. Locate the facility behind the construction fence or out of the public view.

G. Enclose the project work area and Contractor lay-down area with a 2.5 m high chain link fence with brown, UV light resistant, plastic fabric mesh netting (similar to tennis court or other screening).

Gates shall be same as fencing. Remove the fence upon completion and acceptance of the work.

The intent is to block the construction from public view.

H. The Contractor shall also provide a temporary safety fence with gates and warning signs at the construction site prior to the start of work to protect the public from construction activities. The safety fence shall enclose those areas not within the construction fence. The safety fence shall be in a clean condition and free from graffiti and other markings (or bright orange where it protects excavated areas). The fence shall be constructed of high-density polyethylene grid or approved equal, a minimum of 1.1 m high, supported and tightly secured to steel posts located on minimum 3 m centers. The Contractor must remove the fence from the work site upon completion of the contract.

7.6 PAINTS

All paints, oil, lubricating products and containers of chemical products and materials shall be disposed of at an appropriate waste disposal site according to German laws and regulations. They shall not be dumped on U. S. Army controlled property.

7.7 GERMAN PAINT PRODUCTS

German paint products may be used. However, these products shall be in accordance with American specifications.

7.8 REGULATIONS FOR DATA/TELEPHONE INSTALLATION

For data and telephone installation, the latest edition of 2nd Theater Signal Brigade‘s "Installation Standards for Cabling Distribution Systems within USAREUR" is valid. A copy of these regulations (in English or – as far as available – in German language) can be requested from the Directorate of Public Works (DPW). Line systems, patch panels and data outlets shall be compatible to each other.

7.9 UTILITY OUTAGE AND CONNECTION REQUESTS

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A. Work shall be scheduled to minimize disruptions to existing utilities. For outages and connections required to existing utilities, requests shall be made in writing and coordinated with the COR a minimum of ten (10) working days in advance. In each request, state the system involved, area effected, approximate duration of outage, and the type of work being performed.

B. If work is to be performed on high-voltage cables or equipment, it will be done only after it has been disconnected from the transformer station by the DPW and the DPW has provided written approval to preoceed. The Contractor is required to complete all work as soon as possible to restore power. Written notification must be provided to the DPW within two (2) working days upon completion of work.

C. When work is to be performed on HVAC systems, the Contractor shall coordinate with the building occupants and COR at least fifteen (15) working days in advance of the shutdown.

D. Some facilities or designated rooms may be identified as critical that require backup or emergency power. Generators or an additional source of power maybe required during construction. The Contractor shall confirm the presence of a generator or secondary power source prior to bid. Any shutdown of a critical facility or area shall be coordinated with the occupants and COR a minimum of thirty (30) working days prior to transfering power from normal to a secondary source.

7.10 ELECTROMAGNETIC COMPATIBILITY DIRECTION (GERMANY)

The Contractor certifies that all electrical and electronic equipment and appliances furnished are in compliance with the Electromagnetic Compatibility Directive 2014/30/EU. For radio transmitting and telecommunication devices furnished in the Federal Republic of Germany, the Contractor certifies that all such items have been approved by the Bundesamt für Zulassungen. Any penalties for noncompliance imposed by the Government of the European country where the equipment or appliances are delivered or product liability claims caused by interference generated by furnished appliances or equipment are solely the responsibility of the Contractor.

7.11 TRAFFIC CONTROL

The Contractor shall ensure that traffic flow interruptions, due to construction work shall be kept to a minimum. No construction work shall impede traffic between 06:30 and 07:30 hours and between 15:30 and 16:30 hours. The Contractor is responsible for traffic control; if necessary, traffic lights shall be used.

Contractor shall submit a traffic control plan to the COR for approval showing the safe movement of traffic by providing the necessary lighting, signs, barricades, and markings.

7.12 CONSTRUCTION PERFORMANCE

The Contractor is responsible for locating underground utilities within the construction area, including but not limited to electrical, heating, water and communication lines, by means of ground penetrating radar, electromagentic, or sonic equipment. Identify each utility and mark the ground using color coded flags and/or water resistant paint. Damage caused by the Contractor to existing utilities, equipment, or facilities to remain shall be repaired and/or replaced by the Contractor at their own expense to the satisfaction of the COR.

7.13 WATER AND ELECTRICAL POWER SUPPLY

A. Where available, water and electrical power required for the execution of task orders will be made available to the Contractor without charge in accordance with FAR clause 52.236-14 "Availability

June 2024 Page 18 of 32 and Use of Utility Services". Necessary connections to lines shall be made and a meter shall be provided by the Contractor without additional cost to the U.S. Government. In areas where water and electrical power are not available, the Contractor shall be responsible for providing it.

B. Construction equipment and tools shall not be connected to existing mains supply, but shall be connected to worksite distribution boards. The connection of worksite distribution boards is authorized only in the presence of personnel from the Electrical Shop, O&M Division, DPW. They also define the connection point (up to 100 m away from the job site). Arbitrary opening of cable distributions or low-voltage switchgears is not authorized. The necessary coordination shall be made ten (10) working days prior to the connection with the COR in writing.

C. Electrical systems at job sites shall be checked regularly (specifically after relocation) according to BGV A3 (regulation of the employer's liability insurance association) by a skilled electrical employee. Contractor shall keep measurement reports and test certificates in the construction office and shall present those records upon request by the Government. Electrical connections or temporary installations shall be in accordance with all VDE regulations.

D. Use of electrical heaters on job site is prohibited. If heating is necessary, other heating sources shall be used instead and shall be coordinated with the COR prior to use in writing.

E. Provision of construction water or water required for other temporary purposes shall be coordinated in advance with the COR in writing. DIN EN 1717 defines the requirements concerning the protection of drinking water within drinking water systems as well as the general requirements for safety arrangements to prevent pollution of drinking water caused by backflow. DIN EN 1717 shall be strictly followed. The Contract shall confirm both the DPW and Fire Station are made aware of any temporary connections.

F. The Contractor shall use stand pipe meters or hydrant meters to monitor temporary water usage from hydrants. This equipment shall be approved by the "Deutsche Vereinigung des Gas- und Wasserfachs" DVGW. Ending of the temporary water usage shall be immediately reported to the COR in writing.

G. The use of Government water and eclectricity is a privilege, not a right. Excessive use, including failure to correct water leaks within 24 hours of discovery or faliure to elimiate excessive use of electric power immediately upon discovery, will be considered sufficient grounds for termiation of the use of cost free utilities provided by the Government.

7.14 WATER AND ELECTRICAL POWER SUPPLY (for job sites located in peripheral areas)

Water and electrical power are not available at job sites located in peripheral areas. If required, water and electrical power shall be provided by the Contractor (e. g. emergency power generator, water containers).

7.15 QUANTITIES ACCORDING TO MEASUREMENT OF FINISHED WORK

Item quantities according to measurement of finished work will be determined jointly by the COR and the Contractor.

7.16 WELDING AND CUTTING WORK

Contractors who are responsible for welding and cutting work shall coordinate with the COR in writing in order to attend the mandatory safety briefing at…