Solicitation - FA568222R0003.pdf

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

9. FOR INFORMATION

CALL:

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See ).

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

b. An offer guarantee is, is not required.

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

12b. CALENDAR DAYS

YES NO

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

AMOUNTS

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

Section A - Solicitation/Contract Form

PROJECT ASHE 20-1069 REPLACE AIRFIELD LIGHTS, AREA F, AVIANO AB, ITALY

Purchase Requisition Number: F1F3A22069A001 Date: 17 Mar 2022 Proposal Identifier: FA568222R0003 Date: 22 Apr 2022

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Qty Unit Unit Price

Amount

THE CONTRACTOR SHALL FURNISH ALL LABOR, EQUIPMENT, MATERIALS,

TRANSPORTATION, SUPERVISION AND ANY OTHER NECESSARY WORK TO

ACCOMPLISH THE PROJECT HEREIN LISTED AT THE PRICE STATED BELOW

AND STRICTLY IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF

THIS CONTRACT INCLUDING THE FOLLOWING ATTACHED DOCUMENTS

LISTED IN SECTION J HEREIN: TECHNICAL SPECIFICATIONS PROJECT ASHE

20-1069 REPLACE AIRFIELD LIGHTS, AREA F, AVIANO AB, ITALY DATED

MARCH 2022, 13 PAGES INCLUDING COVER PAGE AND ATTACHMENT.

Product Service Code: Z2PZ Pricing Arrangement: Firm Fixed Price

1 Lot

DFARS Clauses Incorporated by Full Text

252.229-7001 Tax Relief. Apr 2020

Basic. As prescribed in 229.402-70(a) and (a)(1), use the following clause:

TAX RELIEF-BASIC (APR 2020)

(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price:

NAME OF TAX: ____(Offeror insert) RATE (PERCENTAGE): ____(Offeror insert)

(b) Invoices submitted in accordance with the terms and conditions of this contract shall be exclusive of all taxes or duties for which relief is available. The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.

(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.

(End of clause)

Section C - Description/Specifications/Statement of Work

Requirements

ASHE 20-1069 REPLACE AIRFIELD LIGHTS, AREA F, AVIANO AB, ITALY

Section D - Packaging and Marking

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.246-12 Inspection of Construction. Aug 1996

DFARS Clauses Incorporated by Full Text

252.229-7003 Tax Exemptions (Italy). Mar 2012

As prescribed in 229.402-70(c)(1), use the following clause:

TAX EXEMPTIONS ( ITALY ) (MAR 2012)

(a) As the Contractor represented in its offer, the contract price, including the prices in subcontracts awarded under this contract, does not include taxes from which the United States Government is exempt.

(b) The United States Government is exempt from payment of Imposta Valore Aggiunto (IVA) tax in accordance with Article 72 of the IVA implementing decree on all supplies and services sold to United States Military Commands in Italy .

(1) The Contractor shall include the following information on invoices submitted to the United States Government:

(i) The contract number.

(ii) The IVA tax exemption claimed pursuant to Article 72 of Decree Law 633, dated October 26, 1972 .

(iii) The following fiscal code: 91000190933

(2)(i) Upon receipt of the invoice, the paying office will include the following certification on one copy of the invoice:

"I certify that this invoice is true and correct and reflects expenditures made in Italy for the Common Defense by the United States Government pursuant to international agreements. The amount to be paid does not include the IVA tax, because this transaction is not subject to the tax in accordance with Article 72 of Decree Law 633, dated October 26, 1972 ."

An authorized United States Government official will sign the copy of the invoice containing this certification.

(ii) The paying office will return the certified copy together with payment to the Contractor. The payment will not include the amount of the IVA tax.

(iii) The Contractor shall retain the certified copy to substantiate non-payment of the IVA tax.

(3) The Contractor may address questions regarding the IVA tax to the Ministry of Finance, IVA Office, Rome (06) 520741.

(c) In addition to the IVA tax, purchases by the United States Forces in Italy are exempt from the following taxes:

(1) Imposta di Fabbricazione (Production Tax for Petroleum Products).

(2) Imposta di Consumo (Consumption Tax for Electrical Power).

(3) Dazi Doganali (Customs Duties).

(4) Tassa di Sbarco e d'Imbarco sulle Merci Transportate per Via Aerea e per Via Maritima (Port Fees).

(5) Tassa de Circolazione sui Veicoli (Vehicle Circulation Tax).

(6) Imposta di Registro (Registration Tax).

(7) Imposta di Bollo (Stamp Tax).

(End of clause)

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: Project is accepted after work completion and acceptance.

DoDAAC: F1F3A2 CountryCode: USA

31 CES ENGINEER

AF BPN NO MILSBILLS PROCESSES

UNIT 6110 BOX 14

APO

AE 09604-3014

UNITED STATES

Francesco Comoretto Telephone: 632-2374

Section F - Deliveries or Performance

Overall Contract Delivery Period

From date of lead time event to beginning of performance 30 Calendar Days Date of Notice to Proceed Receipt

From date of lead time event to completion of performance 210 Calendar Days Date of Notice to Proceed Receipt

Line Item Delivery Schedule QTY Address and POC

Delivery Schedule From date of lead time event to completion of performance 210 Calendar Days Date of Notice to Proceed Receipt

1 Lot Place of Performance DoDAAC: F1F3A2 CountryCode: USA

31 CES ENGINEER

AF BPN NO MILSBILLS PROCESSES

UNIT 6110 BOX 14

APO

AE 09604-3014

UNITED STATES

FRANCESCO COMORETTO

Telephone: 632-2374

DFARS Clauses Incorporated by Full Text

252.247-7023 Transportation of Supplies by Sea. Feb 2019

Basic. As prescribed in 247.574(b) and (b)(1), use the following clause:

TRANSPORTATION OF SUPPLIES BY SEA-BASIC (FEB 2019)

(a) As used in this clause- Definitions.

"Components" means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.

"Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

"Foreign-flag vessel" means any vessel that is not a U.S.-flag vessel.

"Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.

"Subcontractor" means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.

"Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

(ii) "Supplies" includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing.

"U.S.-flag vessel" means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if-

(i) This contract is a construction contract; or

(ii) The supplies being transported are-

(A) Noncommercial items; or

(B) Commercial items that-

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b. destination shipment);

(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or

(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.

S.C. 2643.

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that-

(1) U.S.-flag vessels are not available for timely shipment;

(2) The freight charges are inordinately excessive or unreasonable; or

(3) Freight charges are higher than charges to private persons for transportation of like goods.

(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum-

(1) Type, weight, and cube of cargo;

(2) Required shipping date;

(3) Special handling and discharge requirements;

(4) Loading and discharge points;

(5) Name of shipper and consignee;

(6) Prime contract number; and

(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose.

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:

(1) Prime contract number;

(2) Name of vessel;

(3) Vessel flag of registry;

(4) Date of loading;

(5) Port of loading;

(6) Port of final discharge;

(7) Description of commodity;

(8) Gross weight in pounds and cubic feet if available;

(9) Total ocean freight in U.S. dollars; and

(10) Name of steamship company.

(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief-

(1) No ocean transportation was used in the performance of this contract;

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean transportation; or

(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:

ITEM DESCRIPTION CONTRACT LINE ITEMS

QUANTITY

TOTAL ____ ____ ____

(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.

(h) If the Contractor indicated in response to the solicitation provision, Representation of Extent of Transportation by Sea, that it did not anticipate transporting by sea any supplies; however, after the award of this contract, the Contractor learns that supplies will be transported by sea, the Contractor shall-

(1) Notify the Contracting Officer of that fact; and

(2) Comply with all the terms and conditions of this clause.

(i) In the award of subcontracts, for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial items, the Contractor shall flow down the requirements of this clause as follows:

(1) The Contractor shall insert the substance of this clause, including this paragraph (i), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (i), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.201-7000 Contracting Officer's Representative. Dec 1991 252.204-7006 Billing Instructions. Oct 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7008 Assignment of Claims (Overseas). Jun 1997 252.236-7000 Modification Proposals--Price Breakdown. Dec 1991

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. Dec 2018

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause-

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall-

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

CONSTRUCTION INVOICE

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

NOT APPLICABLE

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(f) [Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC F87700 Issue By DoDAAC FA5682 Admin DoDAAC FA5682 Inspect By DoDAAC N/A Ship To Code N/A Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) FA5682 Accept at Other DoDAAC N/A LPO DoDAAC FA5682 DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A (*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

bryan.amsel.it@us.af.mil; valeria.breda@us.af.mil

(Contracting Officer: Insert applicable information or "Not applicable.")

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

Section H - Special Contract Requirements

NON WORK DAYS

1. Unless otherwise approved by the Contracting Officer, work shall not be performed at the on base site of work on the following U.S. or Italian holidays (including other base closure days).

2. Regular working days as used herein mean Monday through Friday, from 0800 to 1700 hrs, of each week with exception of established Italian or American holidays or any other day proclaimed an official holiday by either Government.

Italian Holidays:

1 January New Year's Day 6 January Epiphany Easter Monday Monday following Easter 12 April Aviano Patron's Day 25 April Liberation Day 1 May Labor Day 2 June Republic Day 15 August Assumption Day 1 November All Saints' Day 8 December Immaculate Conception 25 December Christmas Day 26 December St. Stephen's Day

U.S. Holidays:

1 January * New Year's Day 3rd Monday in January Martin Luther King's Birthday 3rd Monday in February Washington's Birthday Last Monday in May Memorial Day 4th of July* Independence Day 1st Monday in September Labor Day 2nd Monday in October Columbus Day 11 November * Veteran's Day 4th Thursday in November Thanksgiving Day 25 December* Christmas Day

*When the holiday is on a Saturday, the preceding Friday will be the U.S. holiday. When the holiday is on a Sunday, the following Monday will be a U.S. holiday. If delivery is scheduled for a proclaimed holiday, delivery will be made on the next normal workday.

EFT PAYMENT INFORMATION:

Information will be indicated when processing each invoice in WAWF

OBSERVANCE OF HOST COUNTRY SOCIAL CONTRIBUTION LABOR LAW

(a) The Contractor throughout the life of this contract shall scrupulously observe the requirements of Italian Law regarding the payment of social contributions for Italian national employees as well as the similar laws /directives for all legally employed workers. The contractor shall require subcontractors at all tiers to also comply with the payment requirements of this law and those of the European Community member nations. The Contractor shall on a yearly basis, provide copies of the certifications (DURC) issued by the appropriate host nation authority attesting compliance with regular payment requirements of this law and/or corresponding documentation issued for employees that are citizens of other European Community member countries. The certifications shall be provided any time a new employee or subcontractor performs work under this contract or upon expiration of any previously provided certifications. Failure of the Contractor to strictly observe this special contract requirement shall be sufficient reason for the U.S. Government to terminate this contract for

Cause.

(b) The contractor shall be responsible for complying with any and all Italian labor laws, relations and standardsin effect or which shall come into effect during the term of this contract. Such compliance shall pertain to: hours of work, wages, salaries, working conditions, labor relations (including collective bargaining, union agreements etc.), particular workmen's compensation, social security contributions for all categories of dependents and professionals.

The Contractor and all subcontractors are required to adhere with all safety laws in effect (I.L. 626, Legislative Decree 9 April 2008, n. 81) and that may come into effect of the Italian Government. The Contracting Officer reserves the right to suspend work until such time as adherence to the laws is assured and to remove from the work site any worker found to ignore required safety practices. Such suspensions of work or removal of employees shall be at no cost to the Government.

Failure by the contractor to correct deficiencies in reasonable time shall be cause for Termination for Default.

(c) Furthermore the contractor shall safeguard his firm with additional insurance against the risks of monetary recovery by Italian authorities and workers for accidents, injuries or deaths which are imputable to the contractor for failure to observe required safety practices and/or any requirement of paragraph a. above.

(d) The contractor shall be totally responsible and shall save harmless the U.S. Government from any and all disputes, claims, or grievance initiated by employees or third parties because of failure to comply with this special contract requirement.

(e) Construction contractors shall be responsible for written notification to the local labor benefits office of site work initiation under this contract and shall produce copy of such notice to the Contracting Officer.

(f) With each base pass request the Contractor shall furnish the health insurance and labor benefits employee number.

(g) With signature of the offer the contractor warrants that the proposed price(s) include all costs in effect or which shall come into effect during the term of the contract for compliance with this contract requirement and also for all responsibilities and risks as indicated herein.

INSURANCE AMOUNTS

Pursuant to contract clause 52.228-5, Insurance-Work on a Government Installation, the following are the kinds and minimum amounts of insurance that are required for performance of this contract. Employee and third party bodily injury (in addition to the mandatory contractor's country social insurance).

(i) Per Person: EURO 1,000,000.00 Per Occurrence: EURO 5,000,000.00

(ii) Third Party Property Damages, Per Occurrence: EURO 1,500,000.00 Vehicle Liability Insurance in accordance with the mandatory requirements of the contractor's country and those of the European Common Market for work outside of the contractor's country. Insurance policies may be denominated in other than currency of the contractor's country provided the amount is equivalent to those stated above and the insurance policies are valid in the country where work is to be performed.

PREPARATION OF MATERIAL APPROVAL SUBMITTALS The submittals contemplated by the clause entitled "Material and Workmanship" shall be accomplished on and in accordance with the instructions pertaining to AF Form 3000, Material Approval Submittal.

PREPARATION OF PROGRESS SCHEDULES AND REPORTS The reports contemplated by the clause herein entitled: "Schedules for Construction Contracts" shall be accomplished on and in accordance with the instructions pertaining to AF Form 3064, Contract Progress Schedule, and AF Form 3065, Contract Progress Report.

USE OF DRAWINGS, MAPS, SITE PLANS AND OTHER DOCUMENTS

(Applicable to Section K of the Solicitation)

a. For purposes of this certification drawings, maps, site plans and other documents shall be referred to as the "documents".

b. The Offeror certifies that he understands and shall observe the following instructions concerning the "documents" furnished by the government including those developed by him if required by the scope of the eventual contract:

The "documents" shall not be:

(1) reproduced in whole or in part without the written consent of the Contracting Officer prior to award of the contract.

(2) released to third party personnel or subcontractors without the written consent of the Contracting Officer.

For purposes of obtaining written consent, the Contractor shall provide the Contracting Officer the name of the firms who require the "documents" and the contents to be released.

(3) reproduced in whole or in part after contract award, without the written consent of the Contracting Officer.

The request for approval shall contain a list of "documents" that require reproduction, the number of copies and to whom they will be distributed.

(4) retained by the Contractor after contract completion without the approval of the Contracting Officer.

NAME OF OFFEROR: _________________________________________________________

SIGNATURE: ________________________________________________________________

NAME AND TITLE OF SIGNER: _________________________________________________

NON APPLICABILITY OF ITALIAN CIVIL CODE

(Applicable to Section K of the Solicitation) The undersigned contractor, having seen and completely knowledgeable of the contents of the solicitation and eventual contract, in all of its parts, hereby renounces to any and all rights afforded to him by article 1341 of the Italian Civil Code with respect to the provisions and clauses of this contract and Italian Civil Code articles 1664, 1467 and 1673. The renouncement is made on his own free will without having received influence of any kind, from any third parties, including the contracting officer. The contractual price includes adequate monetary compensation for this renouncement.

I hereby certify to have read and understood all terms, conditions and clauses of this contract and hereby approve them in their entirety.

NAME OF CONTRACTOR: _______________________________________________________

POSITION OF AGENT: __________________________________________________________

SIGNATURE OF AGENT: ________________________________________________________

52.236-4 PHYSICAL DATA (APR 1984)

Para (b) Insert: "Average record for Aviano Air Base only, records for other work sites are not available.

% of Hr. Temp. is Average Min. Extreme Min. Below 1C from Average Relative Month Temp. (C) Temp. (C) 0600 to 1700 hrs. Humidity (%)

JAN -2 -13 19 74

FEB 0 -11 10 71

MAR 3 -12 5 66

APR 7 - 3 * 66

MAY 12 1 0 70

JUN 15 6 0 70

JUL 17 4 0 65

AUG 17 8 0 68

SEP 14 3 0 73

OCT 8 - 2 * 74

NOV 4 -10 3 77

DEC -1 -12 19 71

% of Hr.

Humidity is Over 70% from Average Number Average Number Average Number 1200 to 1400 of Days With of Days With of Days With Month Hrs. Precipitation Snow Thunderstorms

JAN 38 9 2 *

FEB 31 10 2 *

MAR 22 13 2 1

APR 17 16 * 5

MAY 16 18 0 11

JUN 15 18 0 13

JUL 6 15 0 12

AUG 10 15 0 10

SEP 21 12 0 6

OCT 19 10 0 3

NOV 39 13 * 2

DEC 27 10 2 *

* = Occurs less than 1 day or 1%.

Para (c) Insert: No Government transportation vehicles or facilities are available for contractor use.

Para (d) Insert: Items identified as Government Furnished Property will be turned over to the Contractor, whenever he requests such items, at a warehouse located within the limits of Aviano Air Base.

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

Change all references to 1 year to read 2 years.

GOVERNMENT FILL-INS:

52.228-15 PERFORMANCE PAYMENT BONDS - CONSTRUCTION

Para (b) (1) replace 100 percent with 10 percent Para (b) (2) NOT APPLICABLE Para (b) (3) Duration of the performance bond shall include any extension to the performance period and 2 year warranty after acceptance of the work.

Para (3) (i) replace 100 percent with 10 percent

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.202-1 Definitions. Jun 2020 52.203-3 Gratuities. Apr 1984 52.203-5 Covenant Against Contingent Fees. May 2014 52.203-6 Restrictions on Subcontractor Sales to the Government. Jun 2020 52.203-7 Anti-Kickback Procedures. Jun 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. May 2014 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. May 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights.

Jun 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. May 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

Nov 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Nov 2021

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

Nov 2021

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.215-2 Audit and Records-Negotiation. Jun 2020 52.215-8 Order of Precedence-Uniform Contract Format. Oct 1997 52.222-50 Combating Trafficking in Persons. Nov 2021 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. Jun 2020 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.225-14 Inconsistency between English Version and Translation of Contract. Feb 2000 52.228-5 Insurance-Work on a Government Installation. Jan 1997 52.229-6 Taxes-Foreign Fixed-Price Contracts. Feb 2013 52.232-17 Interest. May 2014 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Nov 2021 52.233-1 Alternate I Disputes. - (Alternate I) May 2014 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 52.236-2 Differing Site Conditions. Apr 1984 52.236-3 Site Investigation and Conditions Affecting the Work. Apr 1984 52.236-5 Material and Workmanship. Apr 1984 52.236-6 Superintendence by the Contractor. Apr 1984 52.236-7 Permits and Responsibilities. Nov 1991 52.236-8 Other Contracts. Apr 1984

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

Apr 1984

52.236-10 Operations and Storage Areas. Apr 1984 52.236-11 Use and Possession Prior to Completion. Apr 1984 52.236-12 Cleaning Up. Apr 1984 52.236-13 Accident Prevention. Nov 1991 52.236-14 Availability and Use of Utility Services. Apr 1984 52.236-15 Schedules for Construction Contracts. Apr 1984 52.242-13 Bankruptcy. Jul 1995 52.242-14 Suspension of Work. Apr 1984 52.243-1 Alternate I Changes-Fixed-Price. - (Alternate I) Aug 1987 52.243-4 Changes. Jun 2007 52.244-6 Subcontracts for Commercial Products and Commercial Services. Jan 2022 52.249-2 Termination for Convenience of the Government (Fixed-Price). Apr 2012 52.249-2 Alternate I Termination for Convenience of the Government (Fixed-Price). - (Alternate I) Apr 2012 52.249-10 Default (Fixed-Price Construction). Apr 1984 52.253-1 Computer Generated Forms. Jan 1991

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies.

Dec 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Sep 2013 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. Feb 2019 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Dec 2019 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. May 2016 252.205-7000 Provision of Information to Cooperative Agreement Holders. Dec 1991

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

May 2019

252.222-7002 Compliance with Local Labor Laws (Overseas). Jun 1997 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. Dec 2010 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. Sep 2014 252.223-7008 Prohibition of Hexavalent Chromium. Jun 2013 252.225-7001 Buy American and Balance of Payments Program. Dec 2017 252.225-7002 Qualifying Country Sources as Subcontractors. Dec 2017 252.225-7041 Correspondence in English. Jun 1997 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States. Jun 2015 252.225-7048 Export-Controlled Items. Jun 2013 252.232-7010 Levies on Contract Payments. Dec 2006 252.233-7001 Choice of Law (Overseas). Jun 1997 252.236-7005 Airfield Safety Precautions. Dec 1991 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jun 2013 252.242-7004 Material Management and Accounting System. May 2011 252.242-7006 Accounting System Administration. Feb 2012 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.243-7002 Requests for Equitable Adjustment. Dec 2012 252.244-7000 Subcontracts for Commercial Items. Oct 2020

FAR Clauses Incorporated by Full Text

52.211-10 Commencement, Prosecution, and Completion of Work. Apr 1984

As prescribed in 11.404(b), insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction.

Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to (a) commence work under this contract within 30[Contracting Officer insert number] 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 not later than 210 calendar days.* The time stated for completion shall include final cleanup of the premises.

* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

(End of clause)

52.215-21 Alternate IV Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications. (Alternate IV) Nov 2021

As prescribed in , insert the following clause:15.408(m)

REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA-

MODIFICATIONS (NOV 2021)

Exceptions from certified cost or pricing data. (a) In lieu of submitting certified cost or pricing data for modifications under this contract, for (1) price adjustments expected to exceed the threshold set forth in Federal Acquisition Regulation (FAR) 15.403-4(a)(1) on the date of the agreement on price or the date of the award, whichever is later, the Contractor may submit a written request for exception by submitting the information described in paragraphs (a)(1)(i) and (ii) of this clause. If the threshold for submission of certified cost or pricing data specified in FAR 15.403-4(a)(1) is adjusted for inflation as set forth in FAR 1.109(a), then pursuant to FAR 1.109(d) the changed threshold applies throughout the remaining term of the contract, unless there is a subsequent threshold adjustment. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable-

. If the price is controlled under law by periodic rulings, reviews, (i) Identification of the law or regulation establishing the price offered or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Information on modifications of contracts or subcontracts for commercial products or commercial services. If-(A)

The original contract or subcontract was granted an exception from certified cost or pricing data requirements because the price (1) agreed upon was based on adequate price competition or prices set by law or regulation, or was a contract or subcontract for the acquisition of a commercial product or commercial service; and

The modification (to the contract or subcontract) is not exempted based on one of these exceptions, then the Contractor may (2) provide information to establish that the modification would not change the contract or subcontract from a contract or subcontract for the acquisition of a commercial product or commercial service, to a contract or subcontract for the acquisition of other than a commercial product or commercial service.

For a commercial product and commercial service exception, the Contractor shall provide, at a minimum, information on prices at (B) which the same item or similar items have previously been sold that is adequate for evaluating the reasonableness of the price of the modification.

Such information may include-

For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a (1) statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price e.g., and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities.

For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, (2) and applicable discounts. In addition, describe the nature of the market.

For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been (3) granted for the schedule item.

The Contractor grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, (2) records, documents, or other directly pertinent records to verify any request for an exception under this clause, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the Contractor's determination of the prices to be offered in the catalog or marketplace.

. If the Contractor is not granted an exception from the requirement to submit certified cost (b) Requirements for certified cost or pricing data or pricing data, the following applies:

The Contractor shall submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in (1) accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I.

As soon as practicable after agreement on price, but before award (except for unpriced actions), the Contractor shall submit a Certificate (2) of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

(End of clause)

Alternate IV (Oct2010). As prescribed in 15.408(m), replace the text of the basic clause with the following:

(a) Submission of certified cost or pricing data is not required.

(b) Provide data described below: [Insert Construction Cost Estimate Breakdown or other forms/documents provided by the Contracting Officer description of the data and the format that are required, including the access to records necessary to permit an adequate evaluation of the proposed price in accordance with 15.403-3 .]

52.223-3 Hazardous Material Identification and Material Safety Data. Feb 2021

As prescribed in , insert the following clause:23.303

HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (FEB 2021)

"Hazardous material," as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No.313 (a) (including revisions adopted during the term of the contract).

The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous (b) material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material (If none, insert )None Identification No.

This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered (c) under this contract is hazardous.

The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the (d) requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No.313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No.313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No.313, which renders incomplete or (e) inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or (f) liability for the safety of Government, Contractor, or subcontractor personnel or property.

Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, (g) ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

The Government's rights in data furnished under this contract with respect to hazardous material are as follows:(h)

To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to-(1)

Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous (i) materials;

Obtain medical treatment for those affected by the material; and(ii)

Have others use, duplicate, and disclose the data for the Government for these purposes.(iii)

To use, duplicate, and disclose data furnished under this clause, in accordance with paragraph (h)(1) of this clause, in precedence over (2) any other clause of this contract providing for rights in data.

The Government is not precluded from using similar or identical data acquired from other sources.(3)

(End of clause)

52.228-15 Performance and Payment Bonds-Construction. Jun 2020

As prescribed in , insert a clause substantially as follows:28.102-3(a)

PERFORMANCE AND PAYMENT BONDS-CONSTRUCTION (JUN 2020)

. As used in this clause-(a) Definitions means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity;…