ATTACHMENT 1 Specs Binder FY23 Poland 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.

DOCUMENT 00 74 01 Page 4

1.6.3 Translations for Disputes

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

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

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

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

1.6.4 Additional Language Requirements

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

1.6.5 Language Fluency

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

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

1.7 PERMITS

1.7.1 General Requirements

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

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

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

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

1.7.2 Permits and Notifications

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

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

1.7.3 Final Acceptance

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

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

1.7.4 Third Party Inspection Requirements

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

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

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

1.8 CONTRACTOR WORKFORCE

1.8.1 Foreign Employees

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

Contractors shall be responsible for timely and complete submittal of

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

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

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

1.9 CONTRACTOR OBLIGATION

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

1.10 SUBMITTALS

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

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

SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

List of Required HN Permits Permits And Notifications Approved Permits

SD-11 Closeout Submittals

Final Acceptance

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

3.1 SITE ACCESS

3.1.1 General Access Requirements

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

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

DOCUMENT 00 74 01 Page 7

3.1.2 Work on Military Installations (General)

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

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

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

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

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

3.1.3 Access to Operational Areas

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

3.2 IMMUNITY FROM LEGAL PROCESS

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

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

3.3 CONTRACT EXECUTION IN THE HOST NATION

3.3.1 Access to Areas Under Military Control

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

3.3.2 Contractor Responsibility

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

DOCUMENT 00 74 01 Page 8

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

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

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

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

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

e. Strikes, demonstrations, and work stoppage.

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

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

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

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

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

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

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

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

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

o. Stamp tax on documents, payments and payrolls.

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

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

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

3.3.3 Archaeological and Historical Sites

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

3.4 CONTRACTOR LIAISON AND COMMUNICATION WITH HOST GOVERNMENTS

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

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

3.5 RESTRICTIONS ON PAYMENT SUBMISSIONS

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

-- End of Section --

DOCUMENT 00 74 01 Page 10

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 19

SUPPLEMENTAL CONDITIONS FOR PROJECTS IN POLAND (NAU)

10/21

PART 1 GENERAL

1.1 CONTRACTOR PERSONNEL IN POLAND

1.1.1 Visas and Required Documentation

1.1.2 U.S. Government Support

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

1.3 TURNOVER OF WORKSITE (MILITARY INSTALLATIONS)

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 CONTRACTOR NOTIFICATION PROCEDURES

3.2 PERSONNEL ACCESS REQUIREMENTS

3.2.1 General

3.2.2 Minimum Processing Period

3.3 VALUE-ADDED TAX (VAT) PROCEDURES

3.3.1 VAT Exemption at Time of Sale

3.3.2 VAT Reimbursement After Time of Sale

3.3.3 Return of Goods

3.4 UNEXPLODED ORDNANCE (UXO)

DOCUMENT 00 74 19 Page 1

SECTION 00 74 19

SUPPLEMENTAL CONDITIONS FOR PROJECTS IN POLAND (NAU)

10/21

PART 1 GENERAL

1.1 CONTRACTOR PERSONNEL IN POLAND

In addition to paragraph CONTRACTOR WORKFORCE in Section 00 74 01 SPECIAL CONDITIONS, the contractor shall comply with the following.

1.1.1 Visas and Required Documentation

The entry, stay and exit of contractors, contractor employees and their dependents who are not citizens of the Republic of Poland is regulated by the laws of the Republic of Poland. This may require contractor personnel to apply for and obtain temporary or long stay visas from the Republic of Poland.

Approval of visas may require written documentation substantiating the personnel are employed solely on this contract, possess medical coverage at certain minimum amounts, and have sufficient financial resources to cover all of their expected expenses, to include return to their home country.

1.1.2 U.S. Government Support

If so requested, the U.S. Government will issue letters confirming the contractual relationship to facilitate contractor personnel obtaining appropriate visas. The U.S. Government will have 14 calendar days to process the request and provide the letter to the contractor.

However, the U.S. Government is not liable or responsible for granting visas to contractor personnel, nor shall it be responsible for coordination of the issuance of visas with Polish authorities.

1.2 MILITARY INSTALLATION ACCESS PROCEDURES

Access to military installations is controlled by the various Armed Forces of Poland 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.

Base access and security procedures will vary between installations throughout Poland. Each installation will have individual security and access procedures. Contractors are responsible for coordinating directly with the installation to identify the appropriate security and base access procedures and for complying with them.

1.2.1 Alteration of Procedures

Base access and security requirements may be altered by the Polish 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.

DOCUMENT 00 74 19 Page 2

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 contractor's 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 installation, and display the appropriate installation access pass.

Vetting, prior submittal/notification, or pre-approval of vehicles may be required. The contractor is responsible for determining the appropriate processes in accordance with the security and access procedures referenced in Paragraph MILITARY INSTALLATION ACCESS PROCEDURES. The installation may require the use of escorts for vehicles or personnel who have not been previously vetted. The Contractor is solely responsible for providing all required escorts.

1.3 TURNOVER OF WORKSITE (MILITARY INSTALLATIONS)

For all work to be performed on a military installation or property owned by the Ministerstwo Obrony Narodowej Rzeczypospolitej Polskiej (Ministry of National Defence of Poland) or organizations under its command, the construction site will be transferred to the contractor under a temporary Land Transfer Protocol.

The Receiving Party, the Contractor, is responsible for all coordination with the Transferring Party (unit of the Ministry of National Defence of Poland) to reach agreement on a Land Transfer Protocol.

The Land Transfer Protocol may address matters such as but is not limited to, where applicable:

a. Preparatory Works at the Construction Site

DOCUMENT 00 74 19 Page 3

b. Access Roads to the Construction Site

c. Roads on the Construction Site

d. Electrical Power for the Construction Site

e. Water Supply for the Construction Site

f. Storage Areas for Bulk Materials

g. Surveying Points (Benchmarks)

h. Accommodation and Meals for Contractor's Employees

i. Rules for Entrance of Employees, Trucks, and Communication with the Military Complex during Execution of Works

j. Security of the Construction Site

PART 2 PRODUCTS

Not used.

PART 3 EXECUTION

3.1 CONTRACTOR NOTIFICATION PROCEDURES

Following contract award, the U.S. Government will provide notification of award to the Host Nation utilizing the NOTIFICATION OF AN AWARD OF CONTRACT TO A UNITED STATES CONTRACTOR form in Attachment 1. The contractor will be responsible for completing this form and providing it to the U.S. Government for submission to the Host Nation within 14 calendar days of award.

Following contract award the Contractor shall also complete the UNITED

STATES CONTRACTOR AND UNITED STATES CONTRACTOR EMPLOYEES CERTIFICATION

form provided in Attachment 2. The contractor is responsible for submitting the completed form to both U.S. Government and the Host Nation.

These forms require the contractor to identify all subcontractors and contractor employees who will enter Poland for work on this project.

This information may also be provided as an attachment to the form when submitted.

3.2 PERSONNEL ACCESS REQUIREMENTS

3.2.1 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.

Personnel should expect to undergo a vetting process prior to obtaining installation access. As part of the vetting process, personnel must expect and be willing to provide provide personally identifiable information to the Polish authorities prior to obtaining access to the installation. Such information includes, but is not limited to, name, identification number, place of birth, date of birth, and nationality.

DOCUMENT 00 74 19 Page 4

3.2.2 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.

3.3 VALUE-ADDED TAX (VAT) PROCEDURES

Contractors are advised that they are solely responsible for obtaining either VAT exemptions or reimbursements. The U.S. Government will assist with the VAT procedures to the extent feasible. However, the contractor retains responsibility for completing the proper procedures with the Republic of Poland. There will be no reimbursement if the process takes longer than anticipated or requires the contractor to incur additional costs associated with pursuing an exemption/reimbursement (i.e. coordination visits, tax consultants, accountants etc.).

3.3.1 VAT Exemption at Time of Sale

The exemption from taxes applicable to goods and services acquired during execution of this contract and on behalf of the United States forces shall be applied at the time of sale if the transaction is confirmed by a VAT Certificate (Certificate) issued by United States Forces and presented to the supplier of goods and services

The contractor shall complete a "VAT and EXCISE DUTY EXEMPTION CERTIFICATE" as follows:

a. The contractor shall fill out the appropriate boxes of the Certificate.

b. An authorized representative of United States forces completes and sign the Certificate in two duplicate copies.

c. The contractor shall coordinate directly with the Polish HN authorities and ensure that an authorized representative of the Minister of National Defence of the Republic of Poland completes the appropriate boxes of the Certificate, or issues a single authentication for the contract. In the latter case, a copy of the authentication shall be attached to the Certificate.

d. Any unused fields on the Certificate should be crossed out.

3.3.2 VAT Reimbursement After Time of Sale

Where exemption from taxes is not provided at the time of sale, the contractor may seek a reimbursement from the competent tax authority of the Republic of Poland ("tax authority").

To request reimbursement the contractor should request such reimbursement on a quarterly basis by the 25th day of the month following the quarter concerned. The request for reimbursement shall include the requestor's name, a statement of the amount to be reimbursed, and a bank account number into which reimbursement is to be paid. The request shall be accompanied by:

a. The list of goods and services acquired for United States Forces.

b. The invoices received in a given quarter for the goods or services acquired for purposes of calculating the amount of reimbursement. If the contractor is not able to provide invoices, the contractor may not be entitled to reimbursement.

DOCUMENT 00 74 19 Page 5

c. A copy of the contract and/or a certification by an authorized representative of the United States.

3.3.3 Return of Goods

If goods are returned to a supplier and the reimbursement for Taxes on such goods has been paid, the contractor shall refund the tax authority by reducing the next request for reimbursement by the amount refunded;

or where the relevant contractor does not apply for reimbursement for the next period, the contractor shall refund it by payment to the bank account of the tax authority within six (6) months from the date that such goods were returned to the supplier.

3.4 UNEXPLODED ORDNANCE (UXO)

Although the Government is unaware of the presence of any UXO on the project site, the potential exists for UXO to be encountered on military installations. During construction, surface or subsurface ordnance, including inert practice ordnance might be encountered. The contractor shall plan and execute their work accordingly, taking reasonable and prudent actions to minimize the possibility of encountering subsurface ordnance.

If any suspected ordnance material is discovered, the Contractor will immediately cease work in the area and notify the COR. Work in other areas shall continue. The Contractor shall cordon the area with any means available, such as tape or a red banner. If possible, provide GPS coordinates of the found object. Once notified of ordnance material, the COR will notify the Base Authority which will then engage an Explosive Ordnance Disposal (EOD) team.

The Contractor will allow an EOD team provided by the host nation to clear the ordnance within 5 working days. Upon clearance, the Contractor shall resume work without requiring additional clearance actions from the US or host nation governments beyond the clearance of the specifically encountered ordnance items.

In order to minimize the possibility of encountering any subsurface ordnance, when not otherwise specified, the Contractor shall:

a. Minimize excavation below existing ground level

b. Minimize the amount of clearing and grubbing of vegetation

c. Plan trenching routes to minimize additional excavation in areas beyond those already disturbed by construction

DOCUMENT 00 74 19 Page 6

ATTACHMENT 1

NOTIFICATION OF AN AWARD OF CONTRACT

TO A UNITED STATES CONTRACTOR

Notification of an Award of Contract to a United States Contractor

(pursuant to Implementing Arrangement Concerning Contracting Procedures, Article 4)

1. Entity Awarding the Contract

Organization:

Email:

Telephone/Fax:

Address:

Point of Contact (POC) in the Republic of Poland:

Last Name/First Name:

Email:

Telephone/Fax:

Address:

2. United States Contractor Information

Contract information:

(13 characters, required)

Contract No.: Company:

Subcontract information:

(If applicable)

Task order No.: Subcontractor Company:

Period of Performance Start Date (YYYYMMDD): End Date(YYYYMMDD):

Anticipated Numbers and

Locations of employees:

Numbers of

Employees:

Locations:

Contract Synopsis

ATTACHMENT 2

UNITED STATES CONTRACTOR

AND

UNITED STATES CONTRACTOR EMPLOYEES CERTIFICATION

United States Contractor and United States Contractor Employees Certification (pursuant to Implementing Arrangement Concerning

Contracting Procedures, Article 4)

1. United States Contractor Information (from Appendix 1)

Contract information:

(13 characters, required)

Contract No.: Company:

Subcontract information:

(If applicable)

Task order No.: Subcontractor Company:

Period of Performance Start Date (YYYYMMDD): End Date(YYYYMMDD):

Company POC:

Last Name Tel. Number: Email:

2. United States Contractor Employee Information Last Name: First Name: Mid. Initial: Country of Birth:

Date of Birth:

Year (YYYY): Month (MM): Day (DD):

Passport Information:

Nationality: Passport No.: Expiration Date:

Poland Border Crossing

Details (if known)

Transport

Mode:

City/Airport of Entry: Dates of Entry (YYYYMMDD):

3. Facilities Access Information Facility (Primary Assignment):

Dates of Assignment:

FROM (YYYYMMDD): TO (YYYYMMDD:

Facility (Secondary Assignment):

Dates of Assignment:

FROM (YYYYMMDD): TO (YYYYMMDD:

Urgency of Access (check one) Expedited (3 working days)

Normal (6 working days)

4. Republic of Poland Action on Facilities Access Request Granted: Name/Title/Signature: Date:

Denied:

Comments. (If denied in whole or part, provide the justification for this denial):

Contract Synopsis:

ATTACHMENT 3

VAT and EXCISE DUTY EXEMPTION CERTIFICATE

VAT AND EXCISE DUTY EXEMPTION CERTIFICATE

ZWOLNIENIA Z PODATKU VAT i PODATKU AKCYZOWEGO

1. UPRAWNIONA ORGANIZACJA SIŁ ZBROJNYCH STANÓW ZJEDNOCZONYCH / WYKONAWCA KONTRAKTOWY

(ELIGIBLE UNITED STATES FORCES ORGANIZATION/CONTRACTOR)

Nazwa / Nazwisko Designation / Name:

Adres Address

2. PRZEDSTAWICIEL SIŁ ZBROJNYCH STANÓW ZJEDNOCZONYCH (REPRESENTATIVE OF UNITED STATES

FORCES)

OŚWIADCZENIE PRZEDSTAWICIELA UPRAWNIONEJ ORGANIZACJI SIŁ ZBROJNYCH STANÓW ZJEDNOCZONYCH: Uprawniona organizacja niniejszym oświadcza, że towary i/lub usługi są nabywane przez siły zbrojne Stanów Zjednoczonych lub na ich rzecz na cele zdefiniowane w Umowie między Rządem Rzeczypospolitej Polskiej a Rządem Stanów Zjednoczonych Ameryki o statusiesił zbrojnych Stanów Zjednoczonych Ameryki na terytorium Rzeczypospolitej Polskiej.

DECLARATION BY REPRESENTATIVE OF THE ELIGIBLE UNITED STATES FORCES ORGANIZATION: The eligible organization hereby declares that the goods and/or services are acquired by or for the United States Forces for the purposes defined in the Agreement Between the Government of the Republic of Poland and the Government of the United States of America on the Status of the Armed Forces of the United States of America in the territory of the Republic of Poland.

Nazwisko i status osoby składającej podpis Name and Status of Signatory

Adres i numer telefonu Address and Telephone Number

Miejscowość i data Place and Date

Podpis Signature

3. OPIS TOWARÓW I/LUB USŁUG (DESCRIPTION OF THE GOODS AND/OR SERVICES)

A. Informacje dotyczące dostawcy/uprawnionego właściciela składu podatkowego:

Information concerning the supplier / authorized warehouse keeper:

(1) Imę i nazwisko, adres Name and Address

(2) Numer identyfikacji podatkowej VAT / numer akcyzowy VAT/excise number

B. Informacje dotyczące towarów i/lub usług:

Information concerning the goods and/or services:

Numer

Number

Szczegółowy opis towarów i/lub usług (lub odwołanie do załączonego formularza zamówienia)

Detailed description of goods and/or services (or reference to the attached order form)

Ilość Quantity

Wartość bez podatku VAT i/ lub podatku akcyzowego Value excluding VAT and/or excise duty

Wartość jednostkowa Value per Unit

Wartość całkowita Total Value

Wartość całkowita Total Value

4. WŁAŚCIWY ORGAN RZECZYPOSPOLITEJ POLSKIEJ (COMPETENT AUTHORITY OF THE REPUBLIC OF

POLAND)

OŚWIADCZENIE WŁAŚCIWEGO ORGAN RZECZYPOSPOLITEJ POLSKIEJ: Niniejsze Świadectwo upoważnia uprawnioną organizację sił zbrojnych Stanów Zjednoczonych lub wykonawcę kontraktowego, którzy zostali wymienieni w polu nr 1, do zwolnienia z podatku VAT i/lub podatku akcyzowego w związku z zaopatrzeniem w towary i/lub usługi opisane w polu nr 3.

DECLARATION BY THE COMPETENT AUTHORITY OF THE REPUBLIC OF POLAND: This certificate entitles an eligible United States forces organization or contractor listed in Box No.1 to exemption from VAT and/or excise duty for supply of goods…