B.08.02 ATTCH 1 00 74 10.pdf

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 74 10

SUPPLEMENTAL CONDITIONS FOR PROJECTS IN GERMANY (NAU)

10/19

PART 1 GENERAL

1.1 REFERENCED STANDARDS

1.2 REFERENCES

1.3 SUBMITTALS

1.4 INSTALLATION ACCESS

1.5 PERMITS

1.5.1 Special Permits for U.S. Construction

1.5.2 Additional Requirements for Design-Build Projects

1.5.3 Final Inspection

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SECTION 00 74 10

SUPPLEMENTAL CONDITIONS FOR PROJECTS IN GERMANY (NAU)

10/19

PART 1 GENERAL

1.1 REFERENCED STANDARDS

Any DINs referenced in these specifications are incorporated only to the extent that they describe a technical standard to which the contractor must perform the work described in the specifications.

Any language that does not describe a technical standard, such as, for example, payment procedures, how specifications are to be drafted, or references to parts of the Vergabe- und Vertragsordnung für Bauleistungen (VOB), are not included in this contract, and are explictly not to be interpreted as establishing any requirement which would establish a right for additional payment beyond that specified in the contract documents.

Neither the VOB A nor B are included in this contract either explicitly or by reference with the exception of references to the VOB in contract clauses. All work required to complete this project is included in the contract price. No distinction will be made between associated tasks and special tasks. The contractor is solely responsible to determine quantities and work needed based on the contract documents.

1.2 REFERENCES

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

DEPARTMENT OF DEFENSE

AE Regulation 190-16 Installation Access Control

1.3 SUBMITTALS

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

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

SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Art. 30 ABG 75 Permits; G

SD-11 Closeout Submittals

ABG 7B Documentation

1.4 INSTALLATION ACCESS

All Contractor employees, including subcontractors, subcontractors' employees, suppliers, and suppliers' employees are required to comply with the Installation Security Requirements regarding personnel, vehicle, and equipment security passes and access the jobsite. Nothing

DOCUMENT 00 74 10 Page 2 in the contract is to be construed in any way to limit the authority of the Commanding Officer to prescribe new, or to enforce existing security regulations governing the admission or exclusion of persons and the conduct of persons while on the installation, including but not limited to, the rights to search of all persons or vehicles on the installation.

Coordinate with the Contracting Officer for specific security and access requirements.

Access to U.S. installations and controlled areas is limited to personnel who meet security criteria and are authorized by Host Nation law to work in that country. Failure to submit required information/data and obtain required documentation or clearances in accordance with AE Regulation 190-16, will be grounds for denying access to U.S. installations and controlled areas.

The Contractor is responsible to ensure that any Subcontractor used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any Subcontractor utilized by the contractor, are made aware of and comply with these requirements.

Refer to Section 00 74 70 ANTI-TERRRORISM/OPERATIONS SECURITY REQUIREMENTS for specific training requirements required of personnel accessing the installation.

1.5 PERMITS

1.5.1 Special Permits for U.S. Construction

As part of this project, the US Government will coordinate with the applicable German authorities for Federal Building (Bundesbauaufgaben) to identify any special permissions or notifications required to be obtained by the U. S. Government. These permissions or notifications are separate and distinct from those required to comply with the remainder of the contract. The contractor shall coordinate their work with these requirements.

Where the U.S. Government is required to obtain permits in accordance with Art. 30 of the ABG 1975, the Government will notify the contractor and the contractor shall prepare all necessary documentation and submit this information under a submittal titled Art. 30 ABG 75 Permits. This includes providing documentation to show compliance with permit requirements.

As part of this coordination, the contractor shall prepare all necessary documentation and ensure the US Government receives it timely to prevent delays in the execution of the contractors work. Changes, revisions, or adjustments to the documentation may be required after coordination with Host Nation Construction and Permitting Authorities, and the contractor shall be responsible for making any changes as part of their responsibility under this section.

Information required to be provided by the contractor includes, but is not limited to:

a. Documentation required by the Honorarordnung für Architekten und Ingenieure (HOAI) Leistungsphasen (LP) 4 Genehmigungsplanung and 8 Objektüberwachung - Bauüberwachung und Dokumentation

b. Documentation required by the German state where the construction work is performed (Landesbauordnung), to include certificates and registrations of personnel performing work for the contractor.

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c. Compliance with permit requirements and applicable standards (to include inspections by third parties) and provide required documentation.

d. Forms for the permitting process for all relevant trades involved in the project

1.5.2 Additional Requirements for Design-Build Projects

This paragraph applies only to design-build projects: nothing in this paragraph shall be construed to require the contractor to prepare a design unless this contract is specifically identified as a design-build contract.

The special permits for U. S. Construction described above may depend upon, or be impacted by, the contractors design. As part of the contractors design responsibility under this contract, the contractor shall coordinate their design with these requirements and shall be responsible for ensuring their design and the resulting construction complies with any conditions, provisions, or restrictions identified by the German Government as part of this process.

1.5.3 Final Inspection

Prior to acceptance of the project by the Government, a final inspection with representatives of the German and US Governments will be conducted. This inspection shall be performed in accordance with the procedures established in the Auftragsbautengrundsätze for US Forces (ABG 1975) and documented using the ABG7B form. Additional information regarding the ABG 1975 is available (in German) at the following website: http://www.abg-plus.de.

As part of this final inspection requirement, the Contractor shall coordinate with the German Government, in conjunction with the U.S.

Government, the requirements for proper final inspection in accordance with these procedures and submit any information required in accordance with the Richtlinien für die Durchführung von Bauaufgaben des Bundes (RBBau) Article K14 (Bauakte). the submittal will be provided by the contractor under a submittal titled ABG 7B Documentation.

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