Attachment 1 - Specifications Binder (Romania MATOC).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.

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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.

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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.

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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

SECTION 00 74 02

TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (NAU)

10/21

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)

10/21

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.

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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

SECTION 00 74 18

SUPPLEMENTAL CONDITIONS FOR PROJECTS IN ROMANIA (NAU)

10/21

PART 1 GENERAL

1.1 SECURITY VETTING

1.1.1 Applicability

1.1.2 Security Vetting Levels

1.1.3 Company Information

1.1.4 Personal Data for Employees

1.1.5 Submission of Data

1.2 MILITARY INSTALLATION ACCESS PROCEDURES

1.2.1 Alteration of Procedures

1.2.2 U.S. Government Support

1.2.2.1 Limitation of U.S. Government Liability

1.2.2.2 Assistance by the U.S. Government

1.2.3 Contractor Non-Compliance

1.2.4 Vehicle Access

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 PERSONNEL ACCESS REQUIREMENTS

3.1.1 General

3.1.2 Minimum Processing Period

3.2 CONSTRUCTION BOOK FOR HN

3.3 VALUE-ADDED TAX (VAT)

3.3.1 Exemption From VAT and Excise Tax

3.3.2 VAT Procedures

3.3.3 Completing the Certificat de Scutire de TVA

3.3.3.1 General

3.3.3.2 Number of Copies and Attached Information

3.3.3.3 Completion of the VAT Form

DOCUMENT 00 74 18 Page 1

SECTION 00 74 18

SUPPLEMENTAL CONDITIONS FOR PROJECTS IN ROMANIA (NAU)

10/21

PART 1 GENERAL

1.1 SECURITY VETTING

1.1.1 Applicability

Paragraph 1.2 and its associated subparagraphs are applicable to all projects where work is performed on a Romanian military installation, to include areas located within Romanian installations which are otherwise under the control of the US Forces.

When this paragraph is applicable, Romanian authorities will conduct a security vetting of all contractors, subcontractors, and their personnel.

1.1.2 Security Vetting Levels

The security vetting is broken down into four levels, depending on the facility where work is to be performed. The contract will identify the security authorization level required.

The terms for issuing the industrial security authorization or facility security clearance are:

Level I security vetting - industrial security authorization; 60 calendar days shall be allowed for the vetting process

Level II security vetting - confidential facility security clearance; 90 calendar days shall be allowed for the vetting process

Level III security vetting - secret facility security clearance; 120 calendar days shall be allowed for the vetting process

Level VI security vetting - top secret facility security clearance; 180 calendar days shall be allowed for the vetting process

1.1.3 Company Information

The following information shall be provided for all contractor and subcontractors who will have access to any contractual document or require access to the project sites. Information shall be provided in full text (without abbreviations):

a. Name of company in the country of origin

b. Contact information of company in country of origin

c. Name of the representative/branch in Romania

d. Country of origin

e. Registration number of company in country of origin

f. Romanian address and contact data of company

g. Registration number from Romanian National Office of Commerce

h. Unique fiscal identity code in Romania

DOCUMENT 00 74 18 Page 2

i. United States Contracting Agency (granting contract)

j. Prime Contractor (for subcontractors)

k. General purpose of contract

l. Period of contract performance

m. Approximate number of personnel working on the base

1.1.4 Personal Data for Employees

The following information shall be provided for all contractor and subcontractor employees who will have access to any contractual document or require access to the project sites. Information shall be provided in full text (without abbreviations):

a. Given name and surname

b. Personal numeric code*

c. Date and place of birth

d. Gender

e. Citizenship

f. ID number or serial number of personal identity card or passport number

g. Employer's complete name

h. Country of origin of the employer

i. Employer's contact data

j. Employer's registration number from National Office of Commerce Registry

k. Position

l. Purpose of the visit (type of work to be performed)

m. Place of performing the work on the Base

n. Period of stay on the Base (intended arrival and departure dates)

o. Scanned copy of the stay permit (Romanian Visa)**

p. Registration number of the individual's working contract and period of performance

* only required for Romanian citizens ** only required for non United States citizens and citizens of countries which are not members of the European Union

1.1.5 Submission of Data

The information identified in paragraphs 3.3.1 and 3.3.2 shall be provided electronically in a tabular format. Paper copies will be provided if so requested. The specific procedures for transmission and communication of the data will be provided by the cognizant Romanian authorities.

DOCUMENT 00 74 18 Page 3

Employee information shall be grouped into four separate tables as follows:

1. Citizens of the United States of American (including those holding nationality in other countries)

2. Romanian citizens

3. Non-Romanian citizens of European Union member countries

4. Citizens of countries other than Romania, the United States of

America, and the European Union

1.2 MILITARY INSTALLATION ACCESS PROCEDURES

Access to military installations is controlled by the various Armed Forces of Romania and contractors must comply with the requirements for access established by the installation commanders. The US Government does not maintain control over the access procedures and does not warrant access for any individual or groups of individuals.

1.2.1 Alteration of Procedures

Base access and security requirements may be altered by the Romanian authorities at any time. The contractor shall have no recourse as to costs or time extensions for any delays resulting in changes to access and/or security requirements.

1.2.2 U.S. Government Support

1.2.2.1 Limitation of U.S. Government Liability

The U.S. Government will not accept liability or responsibility for granting access to the installation, nor shall it be responsible for coordination of approval.

1.2.2.2 Assistance by the U.S. Government

When requested by the contractor, the U.S. Government may assist the contractor in obtaining access by providing a letter of introduction or other similar document to meet the requirements of the installation commander which will identify the contractor’s personnel or vehicles as being employed on the project site and requiring access.

The contractor shall be responsible for coordinating with the installation commander to identify the general format and requirements of the letter and allow a minimum of 10 calendar days for the U.S.

Government to prepare the letter. This time period shall be in addition to any time periods indicated elsewhere in the contract.

The U.S. Government shall not warrant or otherwise provide good conduct certifications or other verifications of the background or suitability of the contractors personnel.

1.2.3 Contractor Non-Compliance

Should the contractor fail to comply with the rules and regulations established by the installation commander, they, or their employees, may be barred from the installation. If, as a result, the contractor is unable to perform, the U.S. Government may determinate that the contractor is in default of the contract.

1.2.4 Vehicle Access

All vehicles requiring access to the installation, including delivery vehicles shall be registered or otherwise approved for use on the

DOCUMENT 00 74 18 Page 4 installation by the base commander

PART 2 PRODUCTS

Not used.

PART 3 EXECUTION

3.1 PERSONNEL ACCESS REQUIREMENTS

3.1.1 General

Anyone requiring access to the installation, including delivery drivers, construction workers, and administrative personnel, must have an installation access pass or other documentation granting them access to the installation. In general, all persons requiring access must already have legal permission to work in the country before a request for access may be submitted.

3.1.2 Minimum Processing Period

Requests for installation access must be made at least 30 calendar days prior to the anticipated date access will be required. Requests made with less than 30 days notice may be disallowed.

Where Security Vetting is required (see Paragraph 3.3), this Processing Period will not start until after Security Vetting has been completed.

3.2 CONSTRUCTION BOOK FOR HN

In addition to the requirements of Section 01 78 00 Closeout Submittals the Construction Book shall contain the following information:

a. Final set of completed As-Built Drawings

b. Specific details of any structural modification made after the start of construction.

c. A record of significant weather events (i.e. flooding, earthquake, fire, severe temperatures) that occurred during construction, if any.

d. O&M manuals, instructions, and training for the operation of installed equipment

All documents shall be provided in the Romanian language.

The Construction book will be submitted to the Contracting Officer or their designated representative for transfer to the Romanian Ministry of Defense.

3.3 VALUE-ADDED TAX (VAT)

3.3.1 Exemption From VAT and Excise Tax

VAT and excise tax exemption may be obtained solely for articles and services acquired by contractors acting for or on behalf of the United States Forces and will be granted solely at the point of sale. No relief may be obtained at any other time.

3.3.2 VAT Procedures

The acquisition of articles and services acquired free of tax shall be documented using the CERTIFICAT DE SCUTIRE DE TVA / VAT EXEMPTION CERTIFICATE included as Attachment A. The form must be completed as

DOCUMENT 00 74 18 Page 5 described herein.

The form must be validated by the United States Forces and presented to an appropriate Romanian fiscal authority for their certification prior to obtaining any articles or services for which VAT exemption is desired. The contractor (to include subcontractors) must provide a fully completed and executed form to the vendor in order to obtain relief at the point of sale.

3.3.3 Completing the Certificat de Scutire de TVA

3.3.3.1 General

The VAT Form must be printed on white paper and have the following dimensions: 210 mm x 297 mm, with a maximum tolerance of 5 mm less or 8 mm more, in length. The general specifications concerning the paper used are those stipulated in The Official Journal of the European Community no. C 164 on 1st of July 1989. The Romanian authorities may reject any form printed on non-complying paper.

All information on the form must be legible.

Information on the form must be entered such that it cannot be erased and the form cannot have any corrections or erasures.

The form must be completed in Romanian or any other official language of the member states of the European Union. Note the special requirements for block 5 below.

3.3.3.2 Number of Copies and Attached Information

The VAT form must be completed in 4 copies. Attached to each copy must be a copy of the contract or an order for supply. In case of large contracts the contractor shall obtain from the COR a memorandum certifying the reality of the information from the VAT form. Every VAT form must have attached one of the above mentioned documents, in order to be certified by the competent authority of the host member state, DGFP C-TA.

3.3.3.3 Completion of the VAT Form

Complete the VAT form in accordance with the following instructions:

Block 1 identifies the entity the submitter of the form is obtaining the goods and services on behalf of.

For the prime contractor, this is the US Army Corps of Engineers, Konrad Adenauer Ring 39, D-65187 Wiesbaden, Germany.

For a subcontractor or supplier, it is the prime contractors information.

Block 2: Enter the applicable information for the individual representing the entity in Block 1 and the local Romanian authority.

The contractor is responsible for determining the appropriate Romanian authority and entering the information.

For the prime contractor, this is the Contracting Officer who awarded the contract (not the Administrative Contracting Officer).

For a subcontractor or supplier, it is the prime contractor

Block 3 is used to identify and certify the purpose of the request:

DOCUMENT 00 74 18 Page 6

Box 3a: Check the block for "for Official Use" and enter the end user (customer) military organization

Under Box 3c: Add the name of the Contracting Officer above the title. The Contracting Officer will date and sign.

Block 3c will be signed by the person identified in Block 2 as the representative of the entity in block 1. They will also enter the date and location where they sign the document.

Block 4 is not applicable and has been marked out.

Block 5 is used to identify who is obtaining the goods/services and to describe the specific goods and services. All information must be completed. The contractor may either provide a detailed description of the items in the provided blocks or provide an attached order form.

Not e t hat al l i nf or mat i on i n t hi s bl ock must be pr ovi ded i n Romani an or wi t h a Romani an t r ansl at i on, t o i ncl ude ALL r ef er enced or at t ached document s/ or der f or ms.

Block 5a is the name of the prime contractor when the form is being prepared for the prime contractor. It is the subcontractor/supplier when the form is being completed by the subcontractor or supplier.

When referencing an attached order form, block 5b must contain at least the date and number of the order. The order form must contain all the elements shown in the table in block 5.

Any unused space in section 5B must be marked so that no additions are possible.

The currency is indicated by using a 3 letter code, according to the international standard ISOIDIS 4127, established by the International Organization of Standards

Block 6 will be completed by the local Romanian fiscal authority. The contractor is responsible for obtaining these signatures.

Box 7: The Government will complete block 7 after all other blocks have been completed and signed. For the Prime Contractor, the Contracting Officer will sign, however for subcontractors the Contracting Officers Representative or Administrative Contracting Officer will sign.

DOCUMENT 00 74 18 Page 7

SECTION 00 74 18

ATTACHMENT 1

VAT EXEMPTION CERTIFICATE

CERTIFICAT DE SCUTIRE DE TVA /

VAT EXEMPTION CERTIFICATE

Seria nr./Serial no.(optional)

1. INSTITUTIA/PERSOANA ELIGIBILA (INSTITUTION/ELIGIBLE PERSON)

Denumirea/numele / /Name:

Strada si numarul / Street and number

Codul postal, locul / Area Post Code, City

(Gazda) Statul membru, locul / (Host) Member State

2. AUTORITATEA COMPETENTA PENTRU A STAMPILA / COMPETENT AUTHORITY ENTITLED TO STAMP

(Nume, adresa si numar de telefon / Name, address, telephone number)

3. DECLARATIA BENEFICIARULUI / STATEMENT OF BENEFICIARY

Institutia sau persoana eligibila declara prin prezenta / Eligible Person identified in block 1 certifies that:

a) ca bunurile prezentate in rubrica 5 sunt destinate / the goods mentioned in Section 5 are destined

☒ pentru uzul oficial/for official use ☐ pentru uzul personal/for personal use

(denumirea institutiei / name of institution) (vezi rubrica 4 /see Section 4)

b) ca bunurile si/sau serviciile descrise in rubrica 5 respecta conditiile si limitele aplicabile scutirii de TVA in statul membru gazda mentionat la rubrica 1 si / goods and/or services described in Section 5 respect the terms and limits applied for VAT exemption in the host member state mentioned in Section 1 and

c) ca informatiile mentionate anterior sunt furnizate cu buna-credinta. Institutia sau persoana eligibila se obliga prin prezenta sa achite statului membru din care au fost expediate produsele sau bunurile au fost livrate si/sau serviciile au fost prestate valoarea TVA cuvenita in cazul in care bunurile si/sau serviciile nu sunt in conformitate cu conditiile scutirii sau in cazul in care acestea nu au fost utilizate in maniera prevazuta / the above mentioned information are given in good-faith. The eligible institution or person assumes hereby the obligation to pay the member state who sent the products or provided the goods and/or provided services the VAT value due or the case when goods and/or services are not in conformity with the exemption terms or in the case these had not been used in the established way.

Locul, data / Place, date Numele si calitatea semnatarului / Name and position of signatory

Semnatura / Signature

4. STAMPILA INSTITUTIEI / STAMP OF THE INSTITUTION

(in cazul scutirii pentru uzul personal) / (if the exemption was granted for personal use)

Stamp Semnatura / Signature

5. DESCRIEREA BUNURILOR SI/SAU SERVICIILOR EXPEDIATE PENTRU CARE SE SOLICITA SCUTIRE ADE LA PLATA TVA / DESCRIPTION OF GOODS AND/OR SERVICES FOR WHICH THE EXEMPTION OF

VAT IS REQUESTED

A. Informatii privind prestatorul/furnizorul // Information regarding the supplier/provider

(1) Nume si adresa / Name and address

(2) Statul membru / Member State

(3) Codul de inregistrare in scopuri de TVA / Registration code for VAT purposes

B. Informatii privind bunurile si/sau servicile / Information regarding goods and/or services

Nr. / No.

Descrierea detaliata a bunurilor si/sau a serviciilor (sau referinta la frmularul de comandă atașat) / Detailed description of goods and/or services (or reference to the attached order form)

Cantitatea sau numarul / Quantity or number

Valoarea fata TVA / Value excluding VAT Moneda/ Currency

Valoarea unitara /

Value per uni Valoarea totala /

Total value

Valoare totala/ Total value

6. CERTIFICAT DE AUTORITATEA COMPETENTA A STATULUI MEMBRU GAZDA / CERTIFIED BY THE

COMPETENT AUTHORITY OF THE HOST MEMBER STATE

Destinatia bunurilor si/sau serviciilor descrise la rubrica 5 este conforma / Destination of goods and/or services described in Section 5 conforms

☐ in totalitate / totally ☐ pana la cantitatea de / Up to the quantity of (numarul / number) cu conditiile de scutire de TVA / VAT exemption requirements

7. CERTIFICAT DE FORTELE STATELOR UNITE ALE AMERICII IN ROMANIA / CERTIFIED BY THE UNITED

STATES FORCES IN ROMANIA

SECTION 00 74 70

ANTI-TERRORISM/OPERATIONS SECURITY REQUIREMENTS (NAU)

10/21

PART 1 GENERAL

1.1 PURPOSE

1.2 REFERENCES

1.3 ACRONYMS AND ABBREVIATIONS

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 REQUIREMENTS

DOCUMENT 00 74 70 Page 1

SECTION 00 74 70

ANTI-TERRORISM/OPERATIONS SECURITY REQUIREMENTS (NAU)

10/21

PART 1 GENERAL

1.1 PURPOSE

This section describes the minimum Anti-Terrorism and Operations Security requirements of the contract. The contractor is required to comply with the requirements identified herein as part of this contract.

These requirements are in addition to other requirements specified in other Sections regarding Installation Access and Military Installation Access Procedures.

1.2 REFERENCES

The publications listed below form a part of…