B.08 RFP_Att#6-_Full Spec Binder.pdf

CENAU

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 74 01

SPECIAL CONDITIONS (NAU)

02/26

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 IMMUNITY FROM LEGAL PROCESS

1.5 UNSOLICITED CHANGE PROPOSALS

1.6 DOCUMENTS IN MULTIPLE LANGUAGES

1.7 COMMUNICATION IN ENGLISH

1.7.1 English Speaking Representative

1.7.2 Correspondence And Documentation

1.7.3 Translations for Disputes

1.7.4 Language Fluency

1.8 CONTRACTOR WORKFORCE

1.8.1 Third Country Workers

1.8.2 Communications with Onsite Workers

1.9 SUBMITTALS

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 DESIGN AND DESIGN RELATED WORK

3.1.1 Requirement for Designs

3.1.2 Performance Requirements

3.2 SITE ACCESS

3.2.1 General Access Requirements

3.2.2 Work on Military Installations (General)

3.2.3 Access to Operational Areas

3.3 CONTRACT EXECUTION IN THE HOST NATION

3.3.1 Contractor Obligation

3.3.2 Access to Areas Under Military Control

3.3.3 Contractor Responsibility

3.3.4 Archaeological and Historical Sites

3.4 CONTRACTOR LIAISON AND COMMUNICATION WITH HOST GOVERNMENTS

3.5 PERMITS AND NOTIFICATIONS

3.5.1 General

3.5.2 Contractor Obtained Permits

3.5.3 Government Obtained Permits

3.5.4 HN Final Acceptance

3.5.5 Third Party Inspection Requirements

3.6 PAYMENT FOR MATERIALS PRIOR TO INSTALLATION

DOCUMENT 00 74 01 Page 1

3.7 RESTRICTIONS ON PAYMENT SUBMISSIONS

-- End of Section Table of Contents --

DOCUMENT 00 74 01 Page 2

SECTION 00 74 01

SPECIAL CONDITIONS (NAU)

02/26

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.

1.2 DEFINITIONS

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

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, 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. Where multiple Official Languages have been designated, this term refers to all such languages.

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 will 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

DOCUMENT 00 74 01 Page 3 exceeds the provisions of the contract (Betterment submitted after award).

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

DOCUMENT 00 74 01 Page 4

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.

1.4 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 their 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.

1.5 UNSOLICITED CHANGE PROPOSALS

Whenever the contractor proposes to change the work required by the contract, whether 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 DFARS 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.

1.6 DOCUMENTS IN MULTIPLE LANGUAGES

If this contract includes documents in English and additional languages, the translations are provided as solely as a courtesy.

For all purposes, the English language version governs and controls.

1.7 COMMUNICATION IN ENGLISH

1.7.1 English Speaking Representative

Personnel required to communicate with the Government on a recurring basis, including all personnel identified in 01 45 05 CONTRACTOR PERSONNEL REQUIREMENTS (NAU), must be fluent in the English language. This includes

DOCUMENT 00 74 01 Page 5 the ability to speak, read, write, and understand the directions of the Contracting Officer or their designated representatives.

At all times when work is being performed onsite, the contractor must ensure at least one person who is fluent in the English language is onsite. Failure to comply with this requirement is considered a life-safety issue.

1.7.2 Correspondence And Documentation

In addition to clause 252.225-7041, the Contractor must 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. This includes all attachments and reference documents prepared by the contractor, subcontractor, supplier, or manufacturer.

1.7.3 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, must be translated into English by a person who is recognized in accordance with the appropriate authorities to produce official/certified translations, and said translations so certified. Identify the translator and provide proof of qualifications when providing translated documents.

Documents must be translated in their entirety. Any translations made utilized artificial means, such as an internet or other computer translation must be specifically identified and the software/tool/website identified. The person responsible for the translation must be identified.

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 bears 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 differences between the English version and any other version in any language, the English version governs.

1.7.4 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 has the right to determine, without appeal of such decision, whether the proposed representative has sufficient technical and lingual capabilities. The contractor must immediately replace any

DOCUMENT 00 74 01 Page 6 individual not acceptable to the Contracting Officer.

1.8 CONTRACTOR WORKFORCE

1.8.1 Third Country Workers

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.

The contractor is solely liable and responsible for timely and complete submittal of the necessary information and forms directly to the appropriate HN agency for the required customs clearances, passports, visas, licenses, or permits.

The contractor is responsible for the sponsorship of its employees and their dependents. 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 and does not warrant the availability of 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.

1.8.2 Communications with Onsite Workers

If personnel identified in 01 45 05 CONTRACTOR PERSONNEL REQUIREMENTS (NAU) are not able to communicate directly with any worker on site at any level (contractor, subcontractor, supplier, etc.) in the workers native language, the contractor must provide a qualified interpreter.

The interpreter must be physically present on site whenever that worker is present. The interpreter must communicate directly in the worker's native language and translate all information accurately in real time, without assistance from other individuals, software, automated tools, or any form of chain translation. Failure to comply will be considered a life safety issue.

1.9 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 Approved Permit

SD-11 Closeout Submittals

DOCUMENT 00 74 01 Page 7

HN Final Acceptance

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

3.1 DESIGN AND DESIGN RELATED WORK

3.1.1 Requirement for Designs

Notwithstanding any language regarding the type of contract, design and design related activities are included in the scope of work for this contract. These include extensions of design, requirements to provide "engineered solutions" or similar language, studies or investigations, and preparation of shop drawings. This and similar effort necessary or required to perform the work and comply with other technical requirements are considered "contractor prepared designs".

This work is part of this contract and the contractor is required to perform all work necessary to complete this effort. No separate or additional payment will be made for the performance of this effort.

3.1.2 Performance Requirements

This contract includes performance requirements or otherwise provides criteria such as operating parameters, sequences of operation, or coordination of equipment or systems, which may require the contractor to perform design or design related tasks. Additional effort may also be required where the contractor is required to identify, size, select, prepare and submit for review or approval equipment and materials. The contractor is required to perform all efforts necessary to accomplish this effort as part of the contract.

3.2 SITE ACCESS

3.2.1 General Access Requirements

The Contractor is 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.

3.2.2 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 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.

Entry of any individual onto the installation constitutes consent to being searched. The contractor must notify their personnel, to include

DOCUMENT 00 74 01 Page 8 subcontractors and suppliers of this.

Individuals who will be performing work onsite for five or more days in total - even if non-consecutively - must obtain an 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 installation/base passes issued for work under this contract must be returned by the contractor to the issuing office upon completion of the contract work or upon termination of employment.

3.2.3 Access to Operational Areas

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

3.3 CONTRACT EXECUTION IN THE HOST NATION

3.3.1 Contractor Obligation

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

3.3.2 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. Destruction or damages must be not caused, except through normal usage, without concurrence of the HN.

3.3.3 Contractor Responsibility

The Contractor is 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.

The following items are the sole responsibility of the Contractor to investigate and assume the risk, as normally encountered by Contractors.

The Contractor is responsible for determining the effect of the following on their 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.

DOCUMENT 00 74 01 Page 9

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 restrictions, including, but not limited to, local purchase requirements.

3.3.4 Archaeological and Historical Sites

Comply with 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.

DOCUMENT 00 74 01 Page 10

3.4 CONTRACTOR LIAISON AND COMMUNICATION WITH HOST GOVERNMENTS

Communication by the Contractor with officials, representatives and offices of the HN Government at any level in matters pertaining to the work performed as part of this contract must 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.

Directions, suggestions, recommendations or similar requests received from HN Government officials do not constitute either a change to the contract nor direction to proceed with a change to the contract as contemplated in contract clause 52.243-4. Notify the Contracting Officer, in writing, of any such request and request direction if compliance with the request may result in a cost or time impact to the contract.

3.5 PERMITS AND NOTIFICATIONS

3.5.1 General

Prepare all documentation required for HN permitting and notification in the language(s) required by the HN. Submit documentation 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.

Where U. S. Government signature is required, provide an English version of the relevant document(s).

The contractor must 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.

3.5.2 Contractor Obtained Permits

The contractor must obtain all permits not identified as to be obtained by the U.S. Government. Obtain permits 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 .

Furnish a copy of each Approved Permit to the COR within 5 workdays of receipt of the permit.

3.5.3 Government Obtained Permits

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

3.5.4 HN Final Acceptance

Where final acceptance by the HN is required, the Contractor will

DOCUMENT 00 74 01 Page 11 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.

Submit the HN Final Acceptance documentation once approved by the HN.

The contractor is responsible for incorporating requirements for final acceptance into contractor prepared designs and construction performed as part of this contract.

3.5.5 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 is responsible for ensuring those inspections are conducted and documented.

The contractor is 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.

3.6 PAYMENT FOR MATERIALS PRIOR TO INSTALLATION

Payment may be made to the Contractor for materials delivered on the site provided all of the following conditions are met:

a. The contract includes FAR 52.232-5(b) Payments Under Fixed Price Construction Contracts.

b. Materials must be major high cost, long lead, special order, or specialty items, not susceptible to deterioration or physical damage in storage. Materials not acceptable for payment include consumable materials such as nails, fasteners, conduits, gypsum board, glass, insulation, and wall coverings.

c. Documentation (e.g. Purchase Orders or Material Contracts) establishing their value (e.g. paid invoices) and that the title requirements of the clause at FAR 52.232-5 Payments Under Fixed-Price Construction Contracts have been met.

d. Materials must be specifically and separately identified in the contractor's schedule. Refer to paragraph "Equipment and Material Fabrication and Delivery (Stored Materials)" in Section 01 32 01 PROJECT SCHEDULE (NAU) for schedule requirements.

e. Materials must be adequately insured and protected from theft and exposure. The Contractor must provide insurance documentation (e.g.

Builder's Risk Insurance) which covers the overall value of the materials to be paid in advance of installation.

f. Materials to be considered for progress payments prior to installation must be stored at the project site and adequately secured

DOCUMENT 00 74 01 Page 12 from theft or damage. Materials or equipment stored off-site are not eligible for payment.

The government does not commit to authorizing or allowing costs for any stored materials, even if requested by the contractor.

3.7 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 13

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 74 02

TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (NAU)

05/24

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)

05/24

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 is 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 regarding actual or anticipated weather conditions or weather delays may be made based on any information included in the contract documents.

DOCUMENT 00 74 02 Page 2

The Contractor, prior to submitting a proposal or offer, must be determine 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

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 must 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 must provide documentation to substantiate 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 the contractor failed to adequately plan and execute the work in a manner consistent with the requirements of the contract, and the delays were not due to "unusually severe weather".

Include 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.

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

DOCUMENT 00 74 02 Page 3

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.

-- End of Section --

DOCUMENT 00 74 02 Page 4

SECTI ON TABLE OF CONTENTS

DI VI SI ON 01 - GENERAL REQUI REMENTS

SECTI ON 01 30 01

GENERAL REQUI REMENTS ( NAU)

12/ 25

PART 1 GENERAL

1. 1 SUBMI TTALS

1. 2 DEFI NI TI ONS

1. 3 NO WAI VER BY GOVERNMENT

1. 4 PROPRI ETARY NAMES

1. 5 PUBLI C RELEASE OF I NFORMATI ON

1. 5. 1 Pr ohi bi t i on

1. 5. 2 Subcont r act s and Pur chase Or der s

1. 6 PERSONNEL AND SUBCONTRACTORS

1. 6. 1 Removal f or Non- Compl i ance

1. 6. 2 Subst i t ut i on and Repl acement

1. 6. 3 Qual i f i cat i ons

1. 6. 4 Empl oyment

1. 7 REFERENCES

1. 8 REFERENCED STANDARDS

1. 8. 1 Ver si on and Dat e of St andar d

1. 8. 2 Host Nat i on St andar ds

1. 8. 3 Equi val ency of Ref er ences

1. 8. 4 Copi es of St andar ds and Ref er enced Document s

1. 9 PRECONSTRUCTI ON CONFERENCE

1. 10 PARTNERI NG

1. 10. 1 I nf or mal Par t ner i ng

1. 11 ELECTRONI C MAI L ( E- MAI L) ADDRESS

1. 12 ELECTRONI C DOCUMENTATI ON

1. 12. 1 Use of RMS- CM

1. 12. 2 Use of Di gi t al Si gnat ur es

1. 12. 3 For mat of Document s

1. 13 HOURS OF WORK

1. 13. 1 Nor mal Wor k Hour s

1. 13. 2 Wor k Out si de of Nor mal Hour s

PART 2 PRODUCTS

PART 3 EXECUTI ON

3. 1 CONTRACT DRAWI NGS

3. 2 VI DEO AND PHOTOGRAPHI C DOCUMENTATI ON

3. 2. 1 For mat

3. 2. 2 Nami ng and I dent i f i cat i on

3. 2. 3 Pr e- Const r uct i on Document at i on

3. 2. 4 Ongoi ng Wor k

3. 2. 5 Weekl y St at us

3. 3 MOBI LI ZATI ON PLAN

3. 4 PROJECT SI GN

3. 5 TRAFFI C CONTROL

3. 5. 1 Haul Rout es

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3. 5. 2 Road Obst r uct i ons and Cl osur es

3. 6 CONTRACTOR PROVI DED FACI LI TI ES

3. 6. 1 Cont r act or Of f i ces

3. 6. 2 Si t e Faci l i t i es

3. 6. 3 Wi r el ess I nt er net Access Poi nt

3. 6. 4 Const r uct i on Fence/ Scr eeni ng

3. 6. 5 Mai nt enance of Const r uct i on Si t e

3. 6. 6 St or age Ar eas

3. 6. 7 Physi cal Secur i t y

3. 6. 8 Washi ng of Vehi c l es

3. 7 WORK AROUND AI RFI ELDS

3. 8 ENVI RONMENTAL PROTECTI ON

3. 8. 1 Envi r onment al Pr ot ect i on Pl an

3. 8. 2 Pr ot ect i on of Per sonnel

3. 8. 3 Pr ot ect i on of Land Resour ces

3. 8. 4 Pr ot ect i on of Wat er Resour ces

3. 8. 5 Spi l l age

3. 8. 6 Dust Cont r ol

3. 9 MATERI ALS

3. 9. 1 Hazar dous Mat er i al s

3. 9. 2 Recycl i ng and Mi ni mi zat i on of Wast e

3. 10 EXCLUSI ONS

3. 10. 1 Pr ohi bi t ed Mat er i al s

3. 10. 2 Hazar dous Mat er i al s

3. 10. 3 Expl osi ve Mat er i al s

3. 10. 4 Bur ni ng

3. 11 PROTECTI VE MEASURES

3. 12 UTI LI TY OUTAGES AND UTI LI TY CONNECTI ON REQUESTS

3. 13 TEMPORARY CONSTRUCTI ON AND UTI LI TI ES

3. 13. 1 Tempor ar y Ut i l i t i es

3. 13. 2 Tempor ar y Const r uct i on

3. 14 EXCAVATI ON

3. 14. 1 Per mi ssi on t o Excavat e

3. 14. 2 Ut i l i t y Locat i ons

3. 14. 3 Ut i l i t y Locat i on Ver i f i cat i on

3. 14. 4 Weat her Pr ot ect i on

3. 15 UNEXPLODED ORDNANCE

3. 16 DI SPOSI TI ON OF MATERI ALS

3. 16. 1 Tur n- I n Sal vage Mat er i al s

3. 16. 2 Ti t l e t o Mat er i al s

3. 16. 3 Wast e

3. 17 RESTORATI ON OF CONSTRUCTI ON SI TE

3. 18 WEEKLY PROGRESS MEETI NG

- - End of Sect i on Tabl e of Cont ent s - -

SECTI ON 01 30 01 Page 2

SECTI ON 01 30 01

GENERAL REQUI REMENTS ( NAU)

12/ 25

PART 1 GENERAL

1. 1 SUBMI TTALS

Gover nment appr oval i s r equi r ed f or submi t t al s wi t h a " G" desi gnat i on;

submi t t al s not havi ng a " G" desi gnat i on ar e f or Cont r act or Qual i t y Cont r ol appr oval . When used, a desi gnat i on f ol l owi ng t he " G" desi gnat i on i dent i f i es t he of f i ce t hat wi l l r evi ew t he submi t t al f or t he Gover nment .

Submi t t he f ol l owi ng i n accor dance wi t h Sect i on 01 33 00 SUBMI TTAL

PROCEDURES:

SD- 01 Pr econst r uct i on Submi t t al s

Pr e- Const r uct i on Document at i on;

Mobi l i zat i on Pl an; G Envi r onment al Pr ot ect i on Pl an; G Tr af f i c Cont r ol Pl an; G Const r uct i on Fence/ Scr eeni ng; G Tempor ar y Const r uct i on Pl an; G

SD- 03 Pr oduct Dat a

Hazar dous Mat er i al s; G

SD- 11 Cl oseout Submi t t al s

Weekl y St at us

1. 2 DEFI NI TI ONS

The f ol l owi ng def i ni t i ons appl y t o t er ms as used i n t he Di v i s i on 01 speci f i cat i on sect i ons.

Fugi t i ve Dust . Sol i d par t i c l es gener at ed by t he f or ces of wi nd or machi ner y act i ng upon mat er i al s exposed as a r esul t of t he cont r act or s oper at i ons

I nst al l at i on. The ent i t y consi der ed t o be t he l egal owner or aut hor i zed user of t he l ocat i on of t he const r uct i on wor k.

Pr oj ect . A " Pr oj ect " i s a s i ngl e t ask or del i ver y or der under an I ndef i ni t e Del i ver y, I ndef i ni t e Quant i t y awar d, i ncl udi ng Job Or der Cont r act s ( JOC' s) and Mul t i pl e Awar d Task Or der Cont r act s ( MATOCs) . For al l ot her cont r act s, i t r ef er s t o a s i ngl e cont r act awar d.

Super i nt endent . The hi ghest l evel manager r esponsi bl e f or t he over al l const r uct i on act i v i t i es on a pr oj ect , i ncl udi ng qual i t y and pr oduct i on. The Super i nt endent mai nt ai ns a physi cal pr esence at t he s i t e at al l t i mes wor k i s bei ng per f or med and i s r esponsi bl e f or al l const r uct i on and r el at ed act i v i t i es at t he s i t e, except as ot her wi se accept abl e t o t he Cont r act i ng Of f i cer .

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Si t e. The l ocat i on wher e const r uct i on wor k physi cal l y occur s. On a s i ngl e pr oj ect , when const r uct i on wor k occur s at mor e t han one l ocat i on, and t he l ocat i ons ar e geogr aphi cal l y separ at ed by mor e t han 5 k i l omet er s ( as measur ed vi a t r avel di st ance) , t hey ar e consi der ed separ at e s i t es.

1. 3 NO WAI VER BY GOVERNMENT

The f ai l ur e of t he Gover nment , i n any one or mor e i nst ances, t o i nsi st upon t he st r i ct per f or mance of any of t he t er ms of t hi s Cont r act does not const i t ut e a wai ver or r el i nqui shment t o any ext ent of t he r i ght t o asser t or r el y upon such t er m on any f ut ur e occasi on.

1. 4 PROPRI ETARY NAMES

Unl ess i dent i f i ed i n t he cont r act as a Sol e Sour ce I t em, manuf act ur er ' s pr opr i et ar y names i ndi cat ed f or col or s, t ext ur es and pat t er ns of mat er i al s ar e f or t he pur pose of col or , t ext ur e and pat t er n sel ect i on onl y. Ot her mat er i al s ar e accept abl e pr ovi ded t hey cl osel y appr oxi mat e col or s, t ext ur es and pat t er ns i ndi cat ed.

Any subst i t ut i ons must conf or m t o al l ot her r equi r ement s and must be appr oved as a var i at i on i n accor dance wi t h Sect i on 01 33 00 Submi t t al Pr ocedur es.

1. 5 PUBLI C RELEASE OF I NFORMATI ON

1. 5. 1 Pr ohi bi t i on

No publ i c r el ease of i nf or mat i on, document s, or phot ogr aphs concer ni ng any aspect of t he mat er i al s or ser vi ces r el at i ng t o t hi s pr oj ect wi t hout t he pr i or wr i t t en appr oval of t he Cont r act i ng Of f i cer i s aut hor i zed.

1. 5. 2 Subcont r act s and Pur chase Or der s

The Cont r act or agr ees t o i nser t t he subst ance of above par agr aph " Pr ohi bi t i on" i n each subcont r act and pur chase or der gener at ed f or t hi s cont r act .

1. 6 PERSONNEL AND SUBCONTRACTORS

1. 6. 1 Removal f or Non- Compl i ance

Al l Qual i t y Cont r ol , Saf et y, Super i nt endent s, and cont r act or / subcont r act or per sonnel ar e subj ect t o di smi ssal and r emoval at any t i me based on t he sol e di scr et i on of t he Cont r act i ng Of f i cer f or non- compl i ance wi t h t he cont r act r equi r ement s.

Fur t her mor e, t he Cont r act i ng Of f i cer may i ssue an or der st oppi ng al l or par t of t he wor k unt i l sat i sf act or y cor r ect i ve act i on has been t aken. No par t of t he t i me l ost due t o such st op or der s i s accept abl e as t he subj ect of c l ai m f or ext ensi on of t i me f or excess cost s or damages by t he Cont r act or .

1. 6. 2 Subst i t ut i on and Repl acement

Any i n- house per sonnel , subcont r act or s, and out si de associ at es or consul t ant s i dent i f i ed i n t he Cont r act or ’ s pr oposal may not be r epl aced or

SECTI ON 01 30 01 Page 4 changed wi t hout t he Cont r act i ng Of f i cer ' s pr i or wr i t t en consent .

1. 6. 3 Qual i f i cat i ons

When qual i f i cat i ons r equi r e exper i ence or “ r el at ed exper i ence” , t he exper i ence must be on pr oj ect s of t he same t ype and nat ur e as t he wor k i dent i f i ed i n t he pr oj ect scope of wor k, and be on cont r act s wi t h t he gover nment of t he Uni t ed St at es of Amer i ca, ei t her wi t h t he US Ar my Cor ps of Engi neer s or Depar t ment of Def ense agenci es. Ref er ences and exper i ence must be suf f i c i ent l y det ai l ed t o al l ow f or ver i f i cat i on of exper i ence. The Cont r act i ng Of f i cer has f i nal aut hor i t y on det er mi ni ng t he r el evance of any exper i ence submi t t ed.

1. 6. 4 Empl oyment

Shoul d t he cont i nued empl oyment of any per son i n connect i on wi t h t hi s cont r act , or any subcont r act her eunder , be deemed by t he Cont r act i ng Of f i cer t o be pr ej udi c i al t o t he i nt er est s of t he Gover nment , t hat per son must i mmedi at el y be r emoved f r om t he wor k s i t e. I n t hi s connect i on t he Cont r act or agr ees t hat :

a. Cases whi ch may i nvol ve di sci pl i nar y act i on agai nst such per sons, or t he necessi t y of r eassi gnment or t er mi nat i on of t hei r ser vi ces, wi l l be i nvest i gat ed, pr ocessed, r epor t ed and di sposed of , as di r ect ed by t he Cont r act i ng Of f i cer .

b. Empl oyment cont r act s of al l per sons empl oyed i n connect i on wi t h t hi s cont r act or any subcont r act her eunder must i ncl ude cl auses cont ai ni ng t he subst ance of t hi s sect i on.

1. 7 REFERENCES

The publ i cat i ons l i s t ed bel ow f or m a par t of t hi s speci f i cat i on t o t he ext ent r ef er enced. The publ i cat i ons ar e r ef er r ed t o wi t hi n t he t ext by t he basi c desi gnat i on onl y.

U. S. ARMY CORPS OF ENGI NEERS ( USACE)

EM 385- 1- 1 ( 2024) Saf et y - - Saf et y and Occupat i onal Heal t h ( SOH) Requi r ement s

EP 310- 1- 6b ( 2006) Si gn St andar ds Manual , VOL 2, Appendi ces

1. 8 REFERENCED STANDARDS

1. 8. 1 Ver si on and Dat e of St andar d

The cont r act document s make var i ous r ef er ences t o Host Nat i on and US st andar ds, i ncl udi ng Uni f i ed Faci l i t i es Cr i t er i a ( UFC) and desi gn gui des.

When a speci f i c ver si on ( e. g. " UFC x- xxx- xx, wi t h Change yy" ) or dat e i s i dent i f i ed i n t he r ef er ence, t hat speci f i c ver si on of t he r ef er ence wi l l appl y. Wher e no dat e or ver si on i s speci f i ed, t he ver si on appl i cabl e t o t he cont r act wi l l be t he ear l i er of ei t her :

1. The dat e of t he i ni t i al Request f or Pr oposal ( RFP) or sol i c i t at i on. The dat e of t he i ni t i al RFP f or an i ndi v i dual t ask or der est abl i shes t he r equi r ement s f or t hat t ask or der .

SECTI ON 01 30 01 Page 5

2. The dat e i dent i f i ed on t he t i t l e page of Sect i on 01 11 00 St at ement of Wor k.

Gener i c l anguage, such as " t he most r ecent ver si on" or " t he most cur r ent ver si on" must be i nt er pr et ed as i ndi cat ed above.

1. 8. 2 Host Nat i on St andar ds

Wher e r ef er ence i s made i n t he cont r act t o Host Nat i on St andar ds, f or exampl e t he Deut sches I nst i t ut f ür Nor mung e. V. ( DI N; i n Engl i sh, t he Ger man I nst i t ut e f or St andar di zat i on) and The Eur opean Commi t t ee f or St andar di zat i on or Comi t é Eur opéen de Nor mal i sat i on ( CEN) ( EN St andar ds) , whet her such st andar ds ar e i ncor por at ed i nt o t he cont r act i n f ul l t ext or by r ef er ence, t he st andar d appl i es onl y t o est abl i sh a t echni cal st andar d or l evel of per f or mance or qual i t y and does not cr eat e subst ant i ve r i ght s under t he cont r act .

Al l cost s r equi r ed t o compl y wi t h t hese st andar ds ar e i ncl uded i n t he cont r act pr i ce, i ncl udi ng t he per f or mance of any addi t i onal wor k, such as “ associ at ed” and “ speci al ” t asks. Not wi t hst andi ng any l anguage i n any st andar d, t he r equi r ement t o pr ovi de any necessar y mat er i al , i t em of equi pment or wor k, r est s wi t h t he cont r act or unl ess anot her cont r act pr ovi s i on expl i c i t l y st at es t hat such wi l l be gover nment f ur ni shed.

When r ef er enced st andar ds wi t hi n t he same Or der of Pr ef er ence ar e i n conf l i c t wi t h each ot her ( such as when a US St andar d conf l i c t s wi t h a Eur opean or Host Nat i on st andar d wi t hi n t he same speci f i cat i on sect i on) , Host Nat i on St andar d gover ns unl ess ot her wi se speci f i ed wi t hi n t he cont r act document s. A conf l i c t does not exi st when st andar ds r equi r e separ at e met hods or per f or mance and bot h ar e achi evabl e. I n t hese si t uat i ons, compl y wi t h bot h st andar ds.

1. 8. 3 Equi val ency of Ref er ences

Wher e t he cont r act al l ows f or Host Nat i on st andar ds t o be used i n l i eu of a speci f i c US St andar d, but does not speci f i cal l y i dent i f y by name or t i t l e t he st andar d bei ng r ef er enced, t he cont r act or must i dent i f y t he speci f i c Host Nat i on st andar d and show t he equi val ency of t he st andar d.

1. 8. 4 Copi es of St andar ds and Ref er enced Document s

The cont r act or i s r esponsi bl e f or keepi ng on si t e, ei t her i n pr i nt ed or el ect r oni c copy, al l st andar ds and r ef er ences i dent i f i ed i n t hi s cont r act and r equi r ed t o execut e t he wor k. Access t o el ect r oni c deposi t or i es t hr ough i nt er net enabl ed devi ces i s accept abl e t o meet t hi s r equi r ement .

At any t i me, t he Gover nment may r equest a copy of t he st andar d or r ef er ence, i n t he Engl i sh l anguage, be pr ovi ded t o i t s r epr esent at i ves. I f no Engl i sh l anguage ver si on exi st s, t he cont r act or i s r esponsi bl e f or pr ovi di ng an Engl i sh t r ansl at i on pr epar ed by an i ndi v i dual or company who' s pr i mar y pur pose i s t o pr ovi de t r ansl at i on ser vi ces.

No payment wi l l be made f or any cost s associ at ed t r ansl at i ons, obt ai ni ng, or mai nt ai ni ng access t o t he st andar ds and r ef er ences.

1. 9 PRECONSTRUCTI ON CONFERENCE

Pr i or t o commencement of any wor k at t he s i t e, meet wi t h t he Cont r act i ng Of f i cer t o di scuss and devel op a mut ual under st andi ng r el at i ve t o t he

SECTI ON 01 30 01 Page 6 admi ni st r at i on of t he cont r act , i ncl udi ng qual i t y and saf et y pr ogr ams, pr epar at i on of t he schedul e of pr i ces or ear ned val ue r epor t , shop dr awi ngs, and ot her submi t t al s, schedul i ng pr ogr ammi ng, and pr osecut i on of t he wor k. Maj or subcont r act or s who wi l l engage i n t he wor k must al so at t end.

1. 10 PARTNERI NG

To most ef f ect i vel y accompl i sh t hi s cont r act , t he Gover nment r equi r es t he f or mat i on of a cohesi ve par t ner shi p wi t hi n t he Pr oj ect Team whose member s ar e f r om t he Gover nment , t he Cont r act or and t hei r Subcont r act or s. Key per sonnel f r om t he Suppor t ed Command, t he End User ( who wi l l occupy t he f aci l i t y) , Subj ect Mat t er Exper t s, t he I nst al l at i on, t he Cont r act or and Subcont r act or s, and t he Desi gner of Recor d wi l l be i nvi t ed t o par t i c i pat e i n t he Par t ner i ng pr ocess. The Par t ner shi p wi l l dr aw on t he st r engt h of each or gani zat i on i n an ef f or t t o achi eve a pr oj ect t hat i s wi t hout any saf et y mi shaps, conf or ms t o t he Cont r act , and st ays wi t hi n budget and on schedul e.

Each par t i c i pant bear s t hei r own cost s f or meal s, l odgi ng, and t r anspor t at i on associ at ed wi t h t he Par t ner i ng sessi ons.

The Cont r act i ng Of f i cer wi l l pr ovi de i…