Amend_07_-_00_73_04.pdf

FY18 MILCON Project P-3005, Guardian Angel Operations Facility 1552891 Aviano AFB; Aviano, Italy

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DOCUMENT 00 73 04

SUPPLEMENTARY CONDITIONS FOR PROJECTS IN MEDITERRANEAN AREA

05/16

PART 1 GENERAL

1.1 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.

ITALIAN LAWS AND DECREES (D.M.,D.L.,D.P.R., LAW, CIRCULAR, L.R.)

D.P.R. n.380 (June 6, 2001) Consolidated Building Law D.L. n.192 (August 19, 2005) Energy Performance of

Buildings D.M. n.37 (January 22, 2008) The regulation to reorganize the provisions relating to the installation of buildings systems

D.L. n.28, 03 March 2001 Implementation of Directive 2009/28 /EC on promotion of energy from renewable sources, amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC.

D.L. 81/2008 e smi Health and Safety in the workplace D.P.R. 151/2011 Regulation of Fire Prevention D.M.14 January 2008 (NTC08) New Technical Norms for Construction Circular n.617,02 February

Instructions for applying Technical standards for construction 14.01.2008

D.L. 152/2006 Norms for Environmental safety-The Environment Code

Law n.1086 (05/11/71) Laws for the regulation of the works of reinforced concrete, pre-stressed and normal with a metal structure.

L.R. n.16 (11/08/09) Standards for construction in seismic zones and for the protection of the territory

D.M. 09 March 2007 Building Fire Resistance Rate for Activities Under the Control of the National Fire Brigate

D.M. 16 February 2007 Fire resistance classification of products and construction elements

Circular. n. 190, 21 November

Potable Water Distribution in Buildings.

Criteria for Controls and Prescriptions to Avoid Potable Water Contamination

D.P.R. n.1288 (1967) Regulation for the Implementation of the Law 13/07/1966, Regarding Provision for Pollution of the Environment Limited to Thermal Plant Installation

Law n.447 (26.10.95) Acoustic pollution framework law D.P.R. 5 December 1997 Passive acoustic requirements for buildings D.P.R. 14 November 1997 Limit values of sound sources D.P.C.M. 1 March 1991 Maximum limit of noise exposure D.P.C.M. 11 December 1996 Continuous cycle system

Amendment 07

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D.M. 16 March 1998 Noise pollution survey and measurement techniques

Law n.615/1966 (13/07/1966) Measures against atmospheric pollution

D.L. n.242 (19/03/1996) Modification and integration to D.L. 626/94

D.M. 10 Mar 1998 General rules for fire protection safety and for emergency administration in the working place

D.P.R. 551 (21/12/1999) Regulation containing modification to DPR 412/93 concerning design, installation, use, and maintenance of thermal systems in the buildings, to contain energy consumption

CEI 64-8 (1998) Electrical installations of buildings

D.P.R. n.29 (May 1963, n. 1497) Requirements for Elevators and Freight Elevators for Private Use

Law n.186/1968 Technical requirements for production of materials, tools, machineries, and electrical networks.

D.L. n.93 (25/2/2000) Accomplishment of EEC Directive 97/23/CE in matter of pressure equipment

D.L. n.50/2016 Codice degli appalti D.M 5 November 2001 Technical code and geometrical regulations for designing of infrastructures CEI 0-16 (2008) Technical regulations for the connection to high voltage and mid voltage distributions

UNI 10818 (2015) Windows, doors, blinds and shutters

- Guidelines for installation

UNI EN 206 - 9 (2010) Concrete, Part 9: Additional Rules for Self-compacting Concrete (SCC)

UNI EN 413 - 1 (2004) Masonry Cement, Part 1:

Composition, Specifications and Conformity Criteria

UNI EN 459 - 1 (2010) Building Lime, Part 1: Definitions, Specifications and Conformity Criteria

UNI EN 459 - 2 (2010) Building Lime - Part 2: Test Methods UNI EN 771 - 1 (2005) Specification for masonry units -

Part 1: Clay masonry units UNI EN 932 - 3 (2004) Tests for General Properties of

Aggregates - Procedure and Terminology for Simplified Petrographic Description

UNI 9154 - 1 (1988) Building - Internal Partition and Related Finishing Execution Criteria of Partition Made by the Plasterboard on Metallic Structure

UNI ENV 459 - 1 (2010) Building Lime - Part 1:

Definitions, Specifications and Conformity Criteria

UNI ENV 459 - 2 (2010) Building lime - Part 2: Test methods

UNI 11169 - 2006 Building air conditioning systems – air conditioning systems for thermal comfort

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UNI EN 12236 - 2003 Ventilation for buildings - Ductwork hangers and supports - Requirements for strength

1.2 SUBMITTALS

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

submittals not having a "G" designation are for Contractor Quality Control approval. Submittals with an "S" are for inclusion in the Sustainability Notebook, in conformance to Section 01 33 29 SUSTAINABILITY REPORTING.

Submit the following in accordance with Section 01 33 00 SUBMITTAL

PROCEDURES:

SD-01 Preconstruction Submittals

Gate Entry Pass, Vehicle Pass; Application For; G

Contractor Employee Base Access Pass; G

Chamber of Commerce Certificate of Membership; G

Family Status and Residency Certificate; G

SD-11 Closeout Submittals

Certificate of compliance for all contract work; G

Certified credentials of proposed testing personnel; G

Certification of the static load tests results; G

Certification of actual testing personnel; G

Certificate of conformity for electrical system; G

Certificate of compliance for heating system; G

Certificate of compliance for fire prevention system; G

Certificate for elevator system test(s); G

1.3 PUBLIC RELEASE OF INFORMATION

1.3.1 Prohibition

There shall be no public release of information or photographs concerning any aspect of the materials or services relating to this bid, contract, or purchase order or other documents resulting therefrom without the prior written approval of the Contracting Officer.

1.3.2 Subcontracts and Purchase Orders

The Contractor agrees to insert the substance of above paragraph "Prohibition" in each subcontract and purchase order generated for this contract.

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1.4 ENGLISH SPEAKING REPRESENTATIVE

At all times when any performance of the work at the site is being conducted by any employee of the Contractor or his subcontractors, the Contractor must have a representative present on the site who is capable of explaining the work operations and receiving instructions in the English language. The Contracting Officer has the right to determine without appeal of such decision, whether the proposed representative has sufficient technical and lingual capabilities and the Contractor must immediately replace any individual not acceptable to the Contracting Officer. The Construction Contractor's qualified Project Manager, on-site Superintendent, Quality Control Manager, and Quality Control Specialist must be fluent (can read, speak, and write) in both English and Italian languages.

1.5 NORMS AND LAWS

In case of differences between project specifications or the accompanying drawings and referenced norms and laws, norms and laws shall govern. In case of differences between project specifications and the accompanying drawings, the specifications shall govern.

1.6 INDUSTRY STANDARDS

When U.S., European or Italian Codes are concurrently applicable to this project, and the standards are in conflict with each other, the work must be compliant with the most applicable of the Italian Norm, law or code and UFC referenced building code(s). The required application may not be the most stringent. In primary code issues, the design must be compliant with the most applicable of Italian Norms and certifications, then IBC/NFPA. Where UFC adopted standards may allow for a minimum value compliance or range, Italian law may require a specific value for compliance. Thus the interpretation that meets the Italian Norm, law or code, yet satisfies the intent of UFC referenced requirements, is sufficient. In the absence of Italian Norms or code governing an issue, UFC and referenced US building code and standards must govern.

1.7 PROHIBITED ITEMS

Use of the following items in this construction project is prohibited:

a. Use of aluminum for electrical conductors.

b. Embedding aluminum conduit in concrete.

c. Use of fluorescent light ballasts and other products containing PCB's.

d. Use of urea-formaldehyde foam insulation products.

e. Use of any paint/coatings having a lead content of over 0.06 percent by weight of non-volatile content. The use of ozone depleting chemicals is prohibited. The use of zinc-chromate is prohibited.

f. The use of materials containing asbestos is prohibited.

1.8 PROPRIETARY NAMES

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Manufacturer's proprietary names indicated for colors, textures and patterns of materials are for the purpose of color, texture and pattern selection only. Other manufacturers materials are acceptable and provided they closely approximate colors, textures and patterns indicated and provided they conform to all other requirements subject to Contracting Officer's approval.

1.9 SUBMITTAL OF PROOF OF QUALIFICATIONS AND EXPERIENCE

Where qualifications or experience requirements are set forth in the specifications with respect to equipment and equipment installers, written proof of such qualifications or experience must be provided before placing any order for such equipment or before dispatching equipment installers to the project site.

1.10 ORAL MODIFICATION

No oral statement of any person other than the Contracting Officer as provided in the clause in this Contract entitled FAR 52.243-4 "Changes" (AUG 1987), shall in any manner or degree modify or otherwise affect the terms of this Contract.

1.11 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 or to exercise any option herein conferred shall not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon such terms or option on any future occasion.

1.12 PRODUCTS SPECIFIED USING USA STANDARDS

1.12.1 Local Products Specified Using United States of America (USA) Standards

There are locally available products specified in this contract that meet USA standards. "Locally available products that meet USA standards" are defined as:

a. "Products that meet the referenced USA standards, and are manufactured and distributed in-country, or manufactured and distributed in the European Union, and are readily available locally from in-country sources or from the European Union sources"; or

b. "Products manufactured in the USA and distributed in-country or in the

European Union or in the USA, and are readily available locally from in-country sources or from the European Union sources, or from USA sources.".

1.12.2 USA Manufactured Products Specified Using USA Standards

There are products to be provided in this contract that are not readily available locally and must be manufactured in the United States of America (USA) and in compliance with USA standards. Products manufactured in another country are considered USA manufactured, if the manufacturers or

Document 00 73 04 Page 6 suppliers are under license by USA manufacturers and the products meet the same applicable specifications and standards.

Manufactured product sold within the European Economic Area (EEA) are required to have the CE marking per Directive 93/68/EEC.

1.12.3 Consignment, Marking, and Customs Clearance

In order for the Contractor to be exempt from paying duty on material or equipment to be imported for incorporation into the contract work, all shipments must be consigned to the OICC/ROICC and marked for the contract by contract number. Additionally, the Contractor shall supply to the OICC/ROICC with certified copies of the confirmed material/equipment orders and invoices in order that the duty free customs clearance may be accomplished.

Failure on the part of the Contractor to comply with the requirements herein will not be grounds for non-enforcement of the provisions of the Clause, "Taxes" of the Contract Clauses.

1.12.4 Excess

The Contractor must furnish to the Contracting Officer, just prior to completion of this contract, a consolidated inventory of all excess supplies, materials, and equipment imported duty free for use under this contract. The Contract shall either pay required duties on the excesses or re-export the excesses.

1.13 FINAL GOVERNING STANDARDS (FGS)

Final Governing Standards (FGS) for environmental protection at DOD installations and facilities in Italy went into effect June 1994. These standards were developed by comparing and adopting the more protective requirements of the Overseas Environmental Baseline Guidance Document (OEBGD), European Union and national, regional, and local environmental laws and regulations. The FGS are applicable to work under this contract. The FGS (both English and local language versions) may be reviewed at the ROICC Office during normal business hours.

1.14 SECURITY REQUIREMENTS

The Contractor is responsible for furnishing each employee, and require that each employee engaged in the project, display such identification as may be approved and directed by the Contracting Officer.

Every employee of the prime contractor, all subcontractor employees, and all material suppliers' employees, who require access to the base for any reason and for any length of time must obtain a base access pass.

In order to obtain a base access pass, the Contractor must complete a "Gate Entry Pass, Vehicle Pass; Application For", available at the office of the Contracting Officer, and present to the Base Security Officer for approval.

The following documents are required from each worker at time of presentation of completed application form:

a. "Carta di Identita" (Valid Italian Identification Card) or "Patente di

Guida" (Obtain from the Ministero dei Trasporti e Dell'Aviazione Civile).

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b. A valid Italian Vehicle Registration Card and proof of Minimum Vehicle Liability Insurance for each Contractor's official vehicle.

1.14.1 Contractor Employee Base Access Pass:

The Contractor shall be responsible for furnishing and requiring that each person employed in connection with this contract or any subcontract hereunder, be provided with a valid/current Contractor Employee Base Access Pass. All prescribed identification shall be immediately delivered and/or surrendered to the Contracting Officer for cancellation upon: (1) termination or release of any employee; (2) termination or completion of

1.14.2 Contractor Employee Base Access Pass:

The Contractor shall be responsible for furnishing and requiring that each person employed in connection with this contract or any subcontract hereunder, be provided with a valid/current Contractor Employee Base Access Pass.

Every 30 days, the Contractor shall submit a list of personnel who have badges. In order to obtain a base access pass, the Contractor shall complete a USAFE Form 79, REQUEST FOR BASE ENTRY IDENTIFICATION AND CONTRACTOR PERSONNEL IDENTIFICATION, available at the Office of the Contracting Officer, and present it to the Base Security Officer for approval. After approval, the Contractor can obtain a base badge.

The Contractor shall be responsible for obtaining permission for his personnel to enter the work site areas and for ensuring that such information is up-to-date and remains valid.

All prescribed identification shall be immediately delivered and/or surrendered to the Contracting Officer for cancellation upon: (1) termination or release of any employee; (2) termination or completion of

1.14.3 Responsibility for Physical Security

The Contractor shall be responsible for physical security of all construction materials, supplies, and equipment of every description (including property which may be Government furnished or owned) provided and/or utilized in the execution of this contract.

1.14.4 Access to Operational Areas

Contractor personnel are expressly prohibited and shall be restricted from entering operational buildings or areas without the specific authorization of the Contracting Officer. To perform work, where "security escorts" are required for access to a facility, the Contractor shall coordinate with the Contracting Officer for access to such facilities.

1.14.5 Employment

Should the continued employment of any person in connection with this contract, or any subcontract thereunder, be deemed by the Contracting Officer to be prejudicial to the interests of the Government, that person

Document 00 73 04 Page 8 must immediately be removed from the work. In this connection the Contractor agrees that:

a. Cases which may involve disciplinary action against such persons, or the necessity of reassignment or termination of their services, must be investigated, processed, reported and disposed of, as directed by the Contracting Officer.

b. Employment contracts of all persons employed in connection with this contract, or any subcontract thereunder must include clauses containing the substance of this clause.

1.14.6 Compliance

Compliance with the foregoing provisions of this clause by subcontractors is the responsibility of the Contractor.

1.15 ANTI-MAFIA LAW

1.15.1 Pre-Award Effect of Anti-Mafia Procedures

Inasmuch as the work of this solicitation is to be performed on land owned by the Italian State, the prospective contractor will be subject to Italian Law No. 55, of 19 March 1990, and subsequent integrations and amendments.

The solicitation data will be made available only to firms that meet the related submittal requirements below in paragraph "Submittals". As such, in the event that prior to award any disciplinary actions or proceedings for Mafia related matters exist against the apparent low bidder, no award will be made to said low bidder.

1.15.2 Termination Under Italian Law No. 55, of 19 March 1990 (Anti-Mafia)

If during the life of this contract, any proceeding or disciplinary actions contemplated by Italian Law No. 55, of 19 March 1990 (and subsequent amendments and integrations) is undertaken against any component of the Contractor or any Subcontractor, the Government can consider this a failure to execute the work and terminate the contractor's right to proceed with the work under the "Default" clause of this contract.

1.15.3 Application of Italian Law No. 55, of 19 March 1990 (Anti-Mafia) to Subcontractors

In addition to the requirement in the FAR Clause 52.244-1, SUBCONTRACTS, of this contract, before the Contracting Officer can consent to any subcontractors, the Contractor will be required to certify to the Contracting Officer that no disciplinary actions or proceedings for Mafia related matters exist against such Subcontractors.

1.15.4 Documentation Requirements

Contractor must submit the following:

a. An original, unexpired and not older than 10 months at the time of the bid opening, of the Chamber of Commerce Certificate of Membership (Certificato di iscrizione alla Camera di Commercio).

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b. Originals, unexpired and not older than one month at the time of the bid opening, of the Family Status and Residency Certificate of each member of the firm, as listed in the Chamber of Commerce Certificate of Membership (Per Decreto Legislativo n. 490 of 8 Aug 94, published in the Gazzetta Ufficiale n. 186 of 10 Aug 1994).

1.16 CERTIFICATION OF COMPLIANCE WITH ITALIAN LAWS

1.16.1 Certification

As a condition of final acceptance of the work, the Contractor must submit to the Contracting Officer a certificate of compliance for all contract work certifying that the work complies with Italian D.M. 37 and that the provided work is adequate and safe for the designated use. The certification must be made by the responsible technician of the installation firm who shall have been regularly registered on the Installation National Professional Rolls of Italy for at least the last three years.

1.16.2 Static Load and Final Testing

The Contractor must comply with the pertinent articles of Italian D.P.R.

380. Because this construction will be performed on property owned by the Italian State, the D.P.R. 380 Articles pertaining to notification and participation by civil authorities are not applicable.

The Contractor is fully responsible for construction, supervision, static load tests, and final testing, and for all costs associated with this procedure and specifically follow Article 7 of Italian D.P.R. 380 in performing the test. Any fees for these tests must be in accordance with Italian Professional Law No. 143 of 2 March 1949 as amended.

Article 2 of Italian D.P.R. 380 requires the static load tests to be performed under the supervision of an engineer or architect registered on the National Professional Verifier Rolls of Italy.

Since GENIODIFE intends to participate in static load and final testing, the Contractor must notify the Contracting Officer at least 21 calendar days prior to any static load or final test to enable the Contracting Officer to notify GENIODIFE.

Prior to performing the tests, submit to the Contracting Officer the names and certified credentials of proposed testing personnel, engineer(s) or architects(s) they propose to perform the static load testing.

Upon completion of the tests, the Contractor must submit to the Contracting Officer two original certification of the static load tests results of the static load tests together with a certification of actual testing personnel stating that each test was performed by the same engineer(s) or architects(s) whose certified credentials were previously submitted. The Contracting Officer will submit one original certification to GENIODIFE.

1.16.3 Other Tests

In addition to the certifications listed above, the Contractor must provide with all other certifications and testing required by Italian Law. The Contractor is also responsible for all permits required by Italian Law (See

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Contract Clause FAR 52.236-7, "Permits and Responsibilities". The Contractor shall submit to the Contracting Officer two originals of each certification required by Italian Law. Such certifications may include but not be limited by the following as applicable to the project:

a. Certificate of conformity for electrical system in accordance with

Italian D.M. 37. Include a separate specific certificate of compliance for each electrical panel in accordance with Italian Law No. 46.

b. Certificate of compliance for heating system above 100,000 Kal/hr in accordance with Italian D.M. 37.

c. Certificate of compliance for fire prevention system in accordance with DM 16 February 1982 and UFC 3-600-01.

d. Certificate for elevator system test(s) in accordance with Italian Law

1415 of 24 October 1942.

1.17 UNEXPLODED ORDNANCE

The Contractor is advised that unexploded ordnance may exist in areas where excavation work is required. The Piano di Sicurezza e Coordinamento (PSC) is required in accordance with Interpello 14/2015 del 29/12/2015, La valutazione del rischio da ordigni bellici inesplosi to address whether a UXO survey is necessary prior to construction. The contractor is to provide a Coordinatore di Sicurezza in fase di Proggettazione (CSP) to prepare the PSC and the fascicolo dell’Opera during the design phase. This document must address whether a UXO survey is necessary in the CSP’s judgement as noted in Part 6, Attachment 4. The Contractor shall include the UXO survey in their proposals/bid prices and shall execute a UXO survey as part of this contract unless determined otherwise by the CSP with concurrence from the Contracting Officer. Proposal/bid prices shall include the mechanical excavation of the 30% by volume, assuming a 1 m depth across the entire area, and hand excavation of 3% by volume for the uncover of potential Unexploded Ordinance. In addition the Contractor shall provideunit prices for each m³ of potential additional mechanical and manual excavation.

Unexploded Ordinance (UXO) Survey Process in Italy is detailed in Part 6, Attachment 4 of this RFP.

UXO Survey shall be conducted only by a firm authorized by the Italian Ministry of Defense as per D.M. 82/2015. The contractor is required to follow all applicable regulation to include D.Lgs 81/2008 and subsequent amendment, D.Lgs 66/2010, D.Lgs 20/2012, D.M. 82/2015, technical directive GEN BST 001 ed. 2017, all other safety prescription necessary and required in the PSC and any prescription and recommendation as specified by Italian Army’s 5° Reparto Infrastrutture of Padova.

If the CSP formally determines that a UXO survey is not required in the CSP, inform the Contracting Officer. The Contracting Officer shall evaluate a deductive modification based on the Contracting Officer’s evaluation of the Government’s best interests.

During the entire life of this Contract, the Contractor shall be responsible for performing both visual and electronic inspection of the work areas to prevent danger to personnel and loss of equipment from inadvertently exploding old ordnance.

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During excavation work the Contractor shall use caution when unknown objects are encountered and thoroughly identify the object prior to removal.

Upon discovery of any suspected unexploded ordnance in the course of contract work, the Contractor shall clear the area and contact the Base Operations Officer and the Contracting Officer. Resultant exploratory and removal work shall be subject to negotiations for a contract change in accordance with the Contract Clauses.

Contractor shall upon issuance of the notice to proceed by the Contracting Officer shall provide the exploratory excavation and removal of suspected unexploded ordnance. This work shall be conducted only by a firm authorized by the Italian Ministry of Defense (IMD) to perform such work, and approved by the Contracting Officer. Submit proof of IMD ordnance work authorization to the Contracting Officer for review and approval prior to conducting ordnance work.

The Contractor shall have the approved ordnance removal firm committed to an on-call basis in the event that suspected unexploded ordnance is encountered during contract work.

1.18 CPI/SCIA

The design build contractor is to provide an SCIA document to the government that provides specific design information that explains the fire fighting measures chosen. The government will provide the SCIA to the local fire brigade – VVFF Pordenone for review. The contractor is to incorporate the VVFF Pordenone comments into the design and prepare a final design that certifies that the final design incorporates the preventive and protective measures. The VVFF will provide a certification (CPI) at the end of construction that the proper preventive and protective measures have been constructed.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

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