Division 00 - 01.pdf

S.H.A.P.E., New Belgian School, Belgium BLDC240070

DOCUMENT 00 74 01 Page 1

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 74 01

SPECIAL CONDITIONS (NAU)

02/23

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 Task Orders under an IDIQ Contract

1.3.5 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 Additional Language Requirements

1.7.5 Language Fluency

1.8 CONTRACTOR WORKFORCE

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 RESTRICTIONS ON PAYMENT SUBMISSIONS

-- End of Section Table of Contents --

DOCUMENT 00 74 01 Page 2

SECTION 00 74 01

SPECIAL CONDITIONS (NAU)

02/23

1.1 PAYMENT

Separate payment will not be made for compliance with this or any other

Division 00 or Division 01 specification.

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 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

DOCUMENT 00 74 01 Page 3 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.

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 Task Orders under an IDIQ Contract

Documents associated with a task order take precedence over documents in the base/frame contract.

DOCUMENT 00 74 01 Page 4

1.3.5 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 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.

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 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

1.6 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

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 must 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 must have a representative, designated in writing, who is capable of explaining the work operations and receiving instruction in the English language.

DOCUMENT 00 74 01 Page 5

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.

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 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 must 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.

1.7.5 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 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 individual not acceptable to the Contracting Officer.

1.8 CONTRACTOR WORKFORCE

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.

DOCUMENT 00 74 01 Page 6

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.

1.9 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

HN Final Acceptance

Not Used.

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, the contractor is required to

DOCUMENT 00 74 01 Page 7 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 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

DOCUMENT 00 74 01 Page 8 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.

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.

DOCUMENT 00 74 01 Page 9

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

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.

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.

DOCUMENT 00 74 01 Page 10

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 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 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 --

SHAPE New Belgium School BLDC240070

DOCUMENT 00 74 02 Page 1

SECTION 00 74 02

TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (NAU)

01/23

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)

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 2

SECTION 00 74 02

TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (NAU)

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 3

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.

Not Used

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 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 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 must 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.

Any calculation performed within RMS-CM under the "Weather Delays"

DOCUMENT 00 74 02 Page 4 screens of the QA/QC Module may 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 11 Page 1

SECTION 00 74 11

SUPPLEMENTAL CONDITIONS FOR PROJECTS IN BELGIUM (NAU)

1.1 PRECEDENCE OF THIS SECTION

1.2 REFERENCES

1.3 SUBMITTALS

1.4 INSTALLATION ACCESS

3.1 Photography

3.2 Architectural Finish Level

3.3 Earthworks

3.3.1 Backfill Materials

3.3.2 Disposal of Excess Soils

3.4 Concrete

3.5 Electrical Works

3.5.1 Electrical Cabling

3.5.2 Third-Party Electrical Inspection

DOCUMENT 00 74 11 Page 2

SECTION 00 74 11

SUPPLEMENTAL CONDITIONS FOR PROJECTS IN BELGIUM (NAU)

01/23

PART 1 GENERAL

1.1 PRECEDENCE OF THIS SECTION

This specification section provides additional requirements for performance of work in Belgium and takes precedence over non-Belgium specific requirements which may be identified elsewhere in 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.

U.S. ARMY EUROPE (USAREUR)

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-07 Certificates

Electrical Service Installation

Certification Of Clean Backfill

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 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

DOCUMENT 00 74 11 Page 3 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-TERRORISM/OPERATIONS SECURITY REQUIREMENTS for specific training requirements required of personnel accessing the installation.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

3.1 Photography

In addition to the requirements of Section 01 30 01 GENERAL

REQUIREMENTS, any contractor personnel who intend to take photographs on the installation must obtain an Installation Photograph Pass and complete training offered by the Installation Public Affairs Office.

Personnel taking pictures who are not in possession of an Installation

Photograph Pass are subject to loss of access to the installation and confiscation of photographic equipment.

3.2 Architectural Finish Level

All finishes in regularly occupied rooms must have a minimum finish level of Q3 in accordance with Belgian industry standards. All other spaces must have a minimum finish level of Q2.

3.3 Earthworks

3.3.1 Backfill Materials

All materials used as backfill must be in conformance with Belgian Host

Nation requirements. These requirements may vary depending on the source of the material and the location it will be placed.

Any backfill materials obtained from outside the project site limits must be certified as clean in accordance with Belgian and local requirements. The contractor must provide a Certification of Clean

Backfill for any materials so provided. This certification must include the results of any soil testing conducted to verify compliance with these requirements.

3.3.2 Disposal of Excess Soils

In case of disposal and reuse of soil, comply with the applicable legislation with regard to earthmoving activities. All necessary surveys, analyses, reports, permissions and notifications are the responsibility of the contractor.

3.4 Concrete

All concrete used on the project site must be BENOR certified.

3.5 Electrical Works

3.5.1 Electrical Cabling

All cabling must be halogen free. Cables for receptacle and lighting circuits, and for fire security must be halogen-free. These cables are

DOCUMENT 00 74 11 Page 4 commonly identified as XGB-F2.

3.5.2 Third-Party Electrical Inspection

In addition to other inspection requirements identified in the contract documents, the contractor is required to obtain Electrical Service

Installation certification and approval for all electrical service installations.

This certification must be provided by an independent electrical inspection certification agency approved by the cognizant Belgian authority.

The contractor is responsible for ensuring all electrical works in this contract are performed in a manner to achieve this certification, and must perform any required corrective works identified by the certification inspector.

SECTION 01 22 00 Page 1

SECTION 01 22 00

PRICE AND PAYMENT PROCEDURES

01/21

1.1 PAYMENT TYPES

The costs for performance of any work required by the contract which is not associated with a specific base or option item description shall be included in the first base item (Base Item 0001).

1.1.1 Single Job Payment Items

Payment items for the work of this contract for which contract lump sum payments will be made are listed in the PRICE SCHEDULE and described below.

All costs for items of work, which are not specifically mentioned to be included in a particular job or unit price payment item, are included in the listed job item most closely associated with the work involved.

The job price and payment made for each item listed constitutes full compensation for furnishing all plant, labor, materials, and equipment, and performing any associated Contractor quality control, environmental protection, meeting safety requirements, tests and reports, and for performing all work required for which separate payment is not otherwise provided.

1.2 SCHEDULE OF ITEMS: BASE ITEMS

1.2.1 Base Item 0001: Construction of a New Belgian School

Unit of Measure: Job.

Payment will be made for costs associated with the construction of a three story school building which includes but in not limited all interior finishing (walls, floors, doors, ceilings, fixed furniture, science labs, kitchens, etc.); all fire protection, electrical and data works; solar panels, HVAC and plumbing works; all civil and landscape works related to the new school building as indicated in the technical specifications and all the drawings.

SECTION 01 22 00 Page 2

1.3 SCHEDULE OF ITEMS: OPTION ITEMS

1.3.1 Awarding of Options

The Government reserves the right to award any option or combination of options in any order and the exercise of any option will not commit the Government to award any other option(s).

1.3.2 Option 1: Item 0002: Steel lockers

Payment will be made for costs associated with the delivery and installation of the steel lockers specified in the SECTION 13.03.42 and shown on the architectural drawings. This work shall include all applicable preparations and fixations of the steel lockers to the floor and the walls.

1.3.3 Option 2: Item 0003: Tack boards

of the tack boards specified in the SECTION 13.09.21 and shown on the architectural drawings. This work shall include all applicable preparations and fixations of the tack boards to the walls.

1.3.4 Option 3: Item 0004: Interactive screens

Payment will be made for costs associated with the installation ONLY of the interactive screens provided by Shape International School as specified in

SECTION 13.10.12 and shown on the architectural drawings. This work shall include all applicable fixations and connections of the interactive screens to the walls.

1.3.5 Option 4: Item 0005: Wooden benches

of the wooden benches specified in the SECTION 16.09.63 and shown on the civil drawings. This work shall include all applicable preparations and fixations of the wooden benches to the exterior floor surfaces. The precast concrete foundations are not part of the option 3 and will need to be delivered and installed in the base contract.

SECTION 01 22 00 Page 3

-- End of Section -

PRICE SCHEDULE

SHAPE NEW BELGIAN SCHOOL

Mons, 12th of January 2024, Belgium

Jan 2024

Offerors shall provide pricing for all base and option items.

The following items include providing all labor, materials, equipment, and services necessary to complete the construction of the work identified in the attached Plans, Specifications, Statement of Work (SOW), Solicitation.

It also includes preparation of all documents, submittals, and schedules; inspections; and compliance with all technical, quality control, administrative, and safety requirements. All work shall be performed in accordance with these documents. Refer to Specification Section 01 22 00 Price and Payment Procedures for additional description of the work associated with each of the items.

Period of Performance: Refer to clause COMMENCEMENT PROSECUTION AND EXECUTION OF WORK (52.211-10) in the Solicitation for the period of performance for all base and option items.

Liquidated Damages: Refer to clause LIQUIDATED DAMAGES-CONSTRUCTION (52.211-12) in the Solicitation for the liquidated damages for all base and option items.

Item No. Title Quantity Unit Unit Price Amount

BASE ITEMS

Construction of Belgian school (primary and high school)

1 Job € €

Total of Base Items 0001 €

OPTION ITEMS

0002 Option 1: Steel lockers 1 Job € €

0003 Option 2: Tack boards 1 Job € €

Option 3: Interactive screens

1 Job € €

0005 Option 4: Wooden benches 1 Job € €

Total of Option Items 0002 thru 0005 €

Total of all Base and Option Items

EXTENSIONS: All extensions of the unit prices shown will be subject to verification by the Government. In case of variation between the unit price and the extension, the unit price will be considered to be the offer.

-- END OF PROPOSAL SCHEDULE --

SHAPE BELGIAN SCHOOL

12th of January 2024

COMMENCEMENT PROSECUTION AND EXECUTION OF WORK (52.211-10)

The Contractor shall be required to (a) commence work under this contract within 7 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use no later than 730 calendar days after the contractor receives the Notice to Proceed. Any options, if awarded, shall be completed concurrently with all other work.

The time stated for completion shall include final cleanup of the premises.

The Government intends to issue a single Notice to Proceed for all work.

SECTION 01 30 01 Page 1

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 30 01

GENERAL REQUIREMENTS (NAU)

1.1 SUBMITTALS

1.3 NO WAIVER BY GOVERNMENT

1.4 PROPRIETARY NAMES

1.5 PUBLIC RELEASE OF INFORMATION

1.5.1 Prohibition

1.5.2 Subcontracts and Purchase Orders

1.6 PERSONNEL AND SUBCONTRACTORS

1.6.1 Removal for Non-Compliance

1.6.2 Substitution and Replacement

1.6.3 Qualifications

1.6.4 Employment

1.7 REFERENCES

1.8 REFERENCED STANDARDS

1.8.1 Version and Date of Standard

1.8.2 Host Nation Standards

1.8.3 Equivalency of References

1.8.4 Copies of Standards and Referenced Documents

1.9 PRECONSTRUCTION CONFERENCE

1.10 PARTNERING

1.10.1 Informal Partnering

1.11 ELECTRONIC MAIL (E-MAIL) ADDRESS

1.12 ELECTRONIC DOCUMENTATION

1.12.1 Use of RMS-CM

1.12.2 Use of Digital Signatures

1.12.3 Format of Documents

1.13 HOURS OF WORK

1.13.1 Normal Work Hours

1.13.2 Work Outside of Normal Hours

3.1 VIDEO AND PHOTOGRAPHIC DOCUMENTATION

3.1.1 Format

3.1.2 Naming and Identification

3.1.3 Pre-Construction Documentation

3.1.4 Ongoing Work

3.1.5 Weekly Status

3.2 MOBILIZATION PLAN

3.3 PROJECT SIGN

3.4 TRAFFIC CONTROL

3.4.1 Haul Routes

3.4.2 Road Obstructions and Closures

3.5 CONTRACTOR SITE FACILITIES

3.5.1 Contractor Offices

3.5.1.1 Site Facilities

3.5.2 Construction Fence/Screening

3.5.3 Maintenance of Construction Site

SECTION 01 30 01 Page 2

3.5.4 Storage Areas

3.5.5 Physical Security

3.5.6 Washing of Vehicles

3.6 ENVIRONMENTAL PROTECTION

3.6.1 Environmental Protection Plan

3.6.2 Protection of Personnel

3.6.3 Protection of Land Resources

3.6.4 Protection of Water Resources

3.6.5 Spillage

3.6.6 Dust Control

3.7 MATERIALS

3.7.1 Hazardous Materials

3.7.2 Recycling and Minimization of Waste

3.8 EXCLUSIONS

3.8.1 Prohibited Materials

3.8.2 Hazardous Materials

3.8.3 Explosive Materials

3.8.4 Burning

3.9 PROTECTIVE MEASURES

3.10 UTILITY OUTAGES AND UTILITY CONNECTION REQUESTS

3.11 TEMPORARY CONSTRUCTION AND UTILITIES

3.11.1 Temporary Utilities

3.11.2 Temporary Construction

3.12 EXCAVATION

3.12.1 Permission to Excavate

3.12.2 Utility Locations

3.12.3 Utility Location Verification

3.12.4 Weather Protection

3.13 UNEXPLODED ORDNANCE

3.14 DISPOSITION OF MATERIALS

3.14.1 Turn-In Salvage Materials

3.14.2 Title to Materials

3.14.3 Waste

3.15 RESTORATION OF CONSTRUCTION SITE

3.16 WEEKLY PROGRESS MEETING

SECTION 01 30 01 Page 3

1.1 SUBMITTALS

SECTION 01 30 01

GENERAL REQUIREMENTS (NAU)

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

Pre-Construction Documentation;

Mobilization Plan; G

Environmental Protection Plan; G

Traffic Control Plan; G

Construction Fence/Screening; G

Temporary Construction Plan; G

SD-03 Product Data

Hazardous Materials; G

SD-11 Closeout Submittals

Weekly Status

The following definitions apply to terms as used in the Division 01 specification sections.

Fugitive Dust. Solid particles generated by the forces of wind or machinery acting upon materials exposed as a result of the contractors operations

Installation. The entity considered to be the legal owner or authorized user of the location of the construction work.

Project. A "Project" is a single task or delivery order under an

Indefinite Delivery, Indefinite Quantity award, including Job

Order Contracts (JOC's) and Multiple Award Task Order Contracts

(MATOCs). For all other contracts, it refers to a single contract award.

Superintendent. The highest level manager responsible for the overall construction activities on a project, including quality and production. The Superintendent maintains a physical presence at the site at all times work is being performed and is responsible for all construction and related activities at the site, except as otherwise acceptable to the Contracting Officer.

Site. The location where construction work physically occurs. On a single project, when construction work occurs at more than one location, and the locations are geographically separated by more than 5 kilometers (as measured via travel distance), they are

SECTION 01 30 01 Page 4 considered separate sites.

1.3 NO WAIVER BY GOVERNMENT

The failure of the Government, in any one or more instances, to insist upon the strict performance of any of the terms of this Contract does not constitute a waiver or relinquishment to any extent of the right to assert or rely upon such term on any future occasion.

1.4 PROPRIETARY NAMES

Unless identified in the contract as a Sole Source Item, manufacturer's proprietary names indicated for colors, textures and patterns of materials are for the purpose of color, texture and pattern selection only. Other materials are acceptable provided they closely approximate colors, textures and patterns indicated.

Any substitutions must conform to all other requirements and must be approved as a variation in accordance with Section 01 33 00 Submittal

Procedures.

1.5 PUBLIC RELEASE OF INFORMATION

1.5.1 Prohibition

No public release of information, documents, or photographs concerning any aspect of the materials or services relating to this project without the prior written approval of the Contracting Officer is authorized.

1.5.2 Subcontracts and Purchase Orders

The Contractor agrees to insert the substance of above paragraph

"Prohibition" in each subcontract and purchase order generated for this

1.6 PERSONNEL AND SUBCONTRACTORS

1.6.1 Removal for Non-Compliance

All Quality Control, Safety, Superintendents, and contractor/subcontractor personnel are subject to dismissal and removal at any time based on the sole discretion of the Contracting Officer for non-compliance with the contract requirements.

Furthermore, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to such stop orders is acceptable as the subject of claim for extension of time for excess costs or damages by the Contractor.

1.6.2 Substitution and Replacement

Any in-house personnel, subcontractors, and outside associates or consultants identified in the Contractor’s proposal may be replaced or changed without the Contracting Officer's prior written consent.

1.6.3 Qualifications

When qualifications require experience or “related experience”, the experience must be on projects of the same type and nature as the work identified in the project scope of work, and be on contracts with the government of the United States of America, either with the US Army

Corps of Engineers or Department of Defense agencies. References and experience must be sufficiently detailed to allow for verification of

SECTION 01 30 01 Page 5 experience. The Contracting Officer has final authority on determining the relevance of any experience submitted.

1.6.4 Employment

Should the continued…