B08-RFQ_20201210.pdf

0011579370

Design-Build Replace Kitchen Hood for Child Development Center (CDC) Bldg. 726 at Darby Military Community (DMC), U.S. Army Garrison (USAG), Italy.

RYAN BUENO 39 050 54 8363

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

10-Dec-2020

(RFP)

(IFB)

CALL:

Replace Kitchen’s hood at Bldg. 726, Darby

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________140 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________SECTION F

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

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

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________11 Jan 2021 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time of fers are due.

B. An offer guarantee is, X is not required.

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

D. Offers providing less than _______60 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

414TH CSB RCO ITALY SUBOFFICE LIVORNO

VIA AURELIA, EDIFICIO 5131

ZONA DEPOSITO

56128 TIRRENIA (PISA)

W58D2M

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

12:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

CD1 00197-8P

8. ADDRESS OFFER TO (If Other Than Item 7)

39-050-54-8289FAX:TEL: 39-050-54-8365/4 TEL: FAX:

W58D2M21Q0001 46

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

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 NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

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

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W58D2M21Q0001

Section A - Solicitation/Contract Form

SECTION A

1. The magnitude of this project is between $25,000.00 (€22,445.00) to $100,000.00 (€89,780.00) (Rate used: $1 = €0.8978)

2. To be awarded a government contract you MUST have DUNS (Dun & Bradstreet) (http://fedgov.dnb.com/webform) and NCAGE (https://www.dla.mil/HQ/LogisticsOperations/Services/FIC/NATO/NATOCAGE/) numbers and be registered in System for Award Management (SAM) website (https://www.sam.gov/SAM/).

3. See clause 52.236-27 Alt I for site visit information

4. Request for Information (RFI) will be accepted until 10 (working days) before the closing date as identified on Page 1, Block 13A

5. The Government’s payment for the items listed here below shall constitute full compensation to the Contractor for:

1. Providing all the design; and

2. Furnishing all plant, labor, equipment, appliances, materials; and

3. Performing all operations required to complete the work in conformity with all Italian and US Federal Laws indicated in this solicitation.

6. PRICE IN EURO. Notwithstanding any other provision in this contract, Quoters shall submit quotes in response to this Request for Quotation in EURO.

7. DESIGN-BUILD. For this project, the US Government intends to combine design and construction in a single contract with one contractor. The US government has developed in-house a scope of work statement that defines the project and provides prospective offerors with sufficient information regarding the US Government’s requirement to enable the offeror to submit proposal which meet the US Government’s needs.

NOTE: Vendors are required to indicate the cost for the Design-Build Replace Kitchen Hood Bldg. 726 in strict accordance with all terms and conditions of the work described in the Scope of Work/Performance Work Schedule.

FOR INFORMATION ONLY: Please indicate the cost of the Design at contract line items 0001.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Replace Kitchen Hood Bldg. 726

FFP

The Contractor shall furnish all labor, equipment, materials and transportation necessary to accomplish the work to “Design-Build Replace Kitchen Hood Bldg.

726” in accordance with the Statement of Work and all other documents attached in Section J.

FOR INFORMATION ONLY:

Please indicate the cost of design: EURO _______________

FOB: Destination

PURCHASE REQUEST NUMBER: 0011579370

PSC CD: Z2CA

NET AMT

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 140 dys. ADC 1 W582RR USAG ITALY

N/A

USAG ITALY, DARBY MILITARY

COMMUNITY VIA AUR

TIRRENIA (PISA)

N/A FOB: Destination

W582RR

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 (ten) 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 140 calendar days.

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

Note:

The Government intends to issue two separate Notice to Proceed. The first notice to proceed will be issued for the design phase and the second will be issued for the construction phase.

The Contractor has 80 calendar days to submit the design including the time to get installation access passes and the Government has 15 calendar days to review the design and provide comments.

The number of days for the construction phase is 60 calendar days.

(End of clause)

Section G - Contract Administration Data

SECTION G

SUBMITTAL AND RECEIPT OF INVOICES

1. The Contractor is responsible for the timely submission of invoices using Wide Area Workflow (WAWF) system in accordance with 252.232-7006 Wide Area Work Flow Payment Instructions. All requests for progress or final payment shall:

a. Address the following substantiation:

i. An itemization of the amounts requested related to the various elements of work required by the contract covered by the payment requested.

ii. A listing of the amount included for work performed by each subcontractor under the contract.

iii. A listing of the total amount of each subcontract under the contract.

iv. A listing of the amounts previously paid to each subcontractor under the contract.

v. Proof of payment to subcontractors (fatture quietanzate”), or any other official proof of payment (i.e.

bank transfer receipt).

vi. For final payment, the Contractor shall submit a statement signed by each subcontractor stating that they have been paid in full except for remaining amount which will be satisfied when the Contractor receives final payment (amount to be specified).

b. Be supported by a COPY CERTIFIED (COPIA AUTENTICATA) and NOT older than ninety (90) days at the time of the request for payment of the Contractor’s DURC (Documento Unico Di Regolarita Contributiva).

Self-certifications (autocertificazioni) are NOT allowed. The document MUST include the following statement:

“Con il presente document si dichiara che l’impresa RISULTA REGOLARE ai fini del DURC”

c. Include the certification required by FAR clause 52.232-5 -- Payments under Fixed-Price Construction Contracts. If the Contracting Officer determines that the certification is inaccurate in any material respect, the Contracting Officer will initiate administrative or other remedial action and may refer the matter to the agency official responsible for investigating fraud.

2. The Contractor is responsible for returning installation passes to the issuing Installation Access Control Office (IACO) or to the COR when the contract is completed or when a Contractor employee no longer requires access or final payment shall not be made.

Section H - Special Contract Requirements

SECTION H

SECTION H SPECIAL CONTRACT REQUIREMENTS

CONTRACTING OFFICER AUTHORITY

In no event shall any understanding or agreement between the Contractor and any Government employee, other than the Contracting Officer on any contract, modification, change order, letter of verbal direction to the Contractor be effective or binding upon the Government. All such actions must be formalized by a proper contractual document executed by an appointed Contracting Officer. The Contractor is hereby put on notice that in the event a Government employee, other than the Contracting Officer, directs a change in the work to be performed, or increases the scope of work to be performed, it is the Contractor's responsibility to make inquiry of the Contracting Officer before making the deviation. Payments will not be made without being authorized by an appointed Contracting Officer with the legal authority to bind the Government.

CONTRACT MANAGER

1. The contractor shall provide a contract manager who shall be responsible for the performance of work. The name of this person and an alternate(s) who shall act for the contractor when the manager is absent shall be designated in writing to the Contracting Officer or designee prior to start performance.

2. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

3. The contract manager or alternate shall be available during normal duty hours within sixty (60) minutes to meet at the job site with the Contracting Officer or designee to discuss problem areas. The contractor shall provide to the Contracting Officer or designee the telephone number of the person(s) to call should the need arise.

4. The contract manager or alternate shall be capable of explaining the work operations and receiving instructions in the English language. The Contracting Officer shall have the right to determine without appeal of such decision, whether the proposed representative has sufficient technical and lingual capabilities and the Contractor shall immediately replace any individual not acceptable to the Contracting Officer.

ENTRY PASSES

1. Within 10 working days after contract award, the Contractor shall submit, to the COR, completed Applications for USAREUR Installation Pass forms for each person that will be employed for the performance of this contract.

The forms will be issued at the pre-performance meeting. The forms must be supported by the following documentation.

a. 2 photocopies of the personal identification document;

b. 1 passport size picture;

c. 1 certificato del casellario giudiziale or 1 certificato dei carichi pendenti.

2. Failure to obtain entry approval shall not affect the contract price and/or time of completion.

SCHEDULE (PROGRESS CHART)

Reference to FAR Clause 52.236-15 entitled "SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)" incorporated under this contract. The contractor shall submit the required schedule (progress chart) at the pre-construction conference.

PERFORMANCE COORDINATION

Before starting performance, the Contractor SHALL coordinate the operation with the COR.

SUBSTITUTION OF PROPOSED FIRM(S)

If the award is made to a Permanent Pool of Firms (Consorzio Stabile), the Contractor shall make no substitution of the firm(s) that it has proposed to perform the work during the evaluation phase unless the firm(s) goes/go out of business. In this case, the Permanent Pool of Firms shall provide to the Contracting Officer the names of at least five

(5) proposed substitutions with comparable or better qualification, past performance, and technical competence to the firm being replaced, and any additional information requested by the Contracting Officer. The Contracting Officer will notify the Contractor within ten (10) calendar days after receipt of all required information of the decision on substitution.

SUBCONTRACTING

The Contractor shall submit requests to subcontract any portion of work to be performed under this contract to the Contracting Officer for approval. The following documents shall be submitted for subcontract consent.

1. Description of Work to be subcontracted

2. Name(s) of the Subcontractor(s)

CONTRACTOR RESPONSIBILITY

1. Contractor Supervision. Pursuant to FAR Clause 52.236-6 ‘SUPERINTENDENCE BY THE

CONTRACTOR (APR1984)”. Contractor shall supervise his/her employees to ensure compliance with contract standards. Contractor or his/her representative shall be present at all times during work performance at contract site.

2. Host Nation Safety Requirements. In addition to the safety requirements set forth in FAR Clause 52.236-13 PREVENTION Contractor shall comply with Host Nation Safety Regulations. If a prime contractor subcontracts work, the prime contractor will be responsible to verify the professional technical capabilities of its subcontractors in accordance with attachment XVII of Italian DLGS 81/2008. In case of conflict between Host Nation and US Standards, the more stringent standards shall govern.

3. Fire Protection and Prevention. The Contractor shall comply with fire protection and prevention regulation and fire defense plan prescribed for buildings in which work is to be performed. A copy of the regulation and plan is on file with the Contracting Officer or Contracting Officer Representative (COR).

4. NOTE: UNDER NO CIRCUMSTANCES SHALL CONTRACTOR STORE FLAMMABLE

MATERIAL WITHIN GOVERNMENT BUILDINGS.

5. Lost Articles. Contractor shall be responsible in the event of theft by his personnel of Government property or personal property of Government personnel, civilian or military. All lost or misplaced articles found by his/her employees shall be turned in to the COR.

6. Protective Measures. In addition to FAR Clause 52.236-9 “PROTECTION OF EXISTING

VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984)”,

Contractor shall provide barricades and precaution signs in both English and the Host Nation language for the safety of inhabitants and passers-by Contractor shall be responsible for removal of furnishings and equipment as required for preparation of work sites as well as for reinstallation thereof. Contractor shall replace any furnishings and equipment at their original locations upon completion of contract work.

7. Building Security. Contractor employees shall assure that all equipment is de-energized and stored in designated storage areas together with supplies upon completion of work. When buildings are unoccupied lights, water outlets, and blowers shall be turned off and windows closed and locked on a floor-to-floor basis as work progresses, followed by locking of all exterior doors upon completion of work. Keys to buildings shall be deposited with the COR. Contractor shall be responsible for any losses or damages arising from failure to secure buildings during and after working hours by his/her personnel.

8. Clean Up. In accordance with Contract Clause FAR Clause 52.236-12, the Contractor shall be responsible for cleaning up. Accumulated dirt and debris shall be hauled off, and disposed of in accordance with Host Nation Law, at least once a week by the Contractor. Stairwells used by the Contractor during execution of work shall be cleaned daily. Cloths, mops, and brushes containing combustible materials shall be disposed of or stored outside of the buildings in tight, covered, metal containers. Paints and thinners shall not be poured into inlets of the interior or exterior sewage system.

Paints, stains, and other residues on adjacent surfaces or fixtures caused by the Contractor shall be carefully removed and cleaned to original finish. Upon completion of the work, the Contractor shall remove all construction equipment, materials, and debris resulting from contract work. The entire work site and the area used by the Contractor personnel shall be left clean.

9. Turn-in Salvage Material. The Contractor shall be responsible for salvage. All dismantled materials indicated for turn-in by the specification or as directed by the COR shall be enumerated in a roster prepared by the Contractor and turned in to Government disposal office/yard selected by COR.

Contractor shall obtain a hand receipt for the materials turned in and attach the hand receipt to his final invoice. Turn- in times shall be as directed by the COR.

10. Disposal. Any disposal of material required under this contract shall be performed, without additional expenses to the Government, in strict accordance with all applicable Italian Laws. Disposal on Government installations/facilities is strictly prohibited.

AS-BUILT DRAWINGS

The Contractor shall include as-built drawings as an element of work in its progress schedule. The Contractor shall maintain at the job site one set of full-size prints of the contract drawings, accurately marked in red with adequate dimensions, to show all variations between the construction performed by the Contractor and those that are indicated or specified in the contract documents, including buried or concealed construction.

Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the contract drawings. Existing utility lines and features revealed during the course of construction shall also be accurately located and dimensioned. Variations in the interior utility systems shall be clearly defined and dimensioned; and coordinated with exterior utility connections at the building five-foot line, where applicable.

Existing topographic features which differ from those shown on the contract drawings shall also be accurately located and recorded. Where a choice of materials or methods is permitted herein, or where variations in scope or character of methods is permitted herein, or where variations in scope or character of work from that of the original contract are authorized, the drawings shall be marked to define the construction actually provided. The representations of such changes shall conform to standard drafting practice and shall include such supplementary notes, legends, and details as necessary to clearly portray the as-built construction.

The Contractor’s as-built drawings shall be available for review by the Contracting Officer, Contracting Officer Representative (COR) and Government Inspector at all times.

Upon completion of the work, the as-builts shall be certified and signed by the Contractor as being accurate, and delivered to the COR for approval and acceptance. Within 14 calendar days from receipt, the COR will review the as-builts and return, with comments, to the Contractor. The as-builts will be returned to the Contractor with an electronic copy of the original contract drawings in the CAD version. The Contractor shall update the original drawings as recorded during the construction phase and shall provide the following documentation.

a. One CAD electronic copy of the entire project in the as-built version certified by the Contractor as as-builts.

b. One PDF electronic copy of the entire project in the as-built version, certified by the Contractor as as-builts.

c. One printed copy on reproducible support (polyester) of the entire project, limited to the copies on which some modifications were made, to be provided with the same characteristics and format of the originals (certified by the Contractor as as-builts).

Requests for partial payments will not be approved if as-builts are not kept current

Requests for final payment will not be approved until the final corrected as-builts are delivered to the COR for final acceptance. The COR will review and perform final acceptance of the as-builts within 7 calendar days from receipt.

ACCIDENT PREVENTION

1. In accordance with FAR Clause 52.236-13 "ACCIDENT PREVENTION (NOV 1991)", the U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1 can be accessed at:

http://www.usace.army.mil/SafetyandOccupationalHealth/SafetyandHealthRe quirementsManual.aspx

2. The Contractor will maintain an accurate record of, and will report to the Contracting Officer in the manner and on the forms prescribed by the Contracting Officer, all accidents resulting in death, traumatic injury, occupational disease, and damage to property, materials, supplies and equipment incident to work performed under this contract.

3. Compliance with the provisions of this article by subcontractors will be the responsibility of the Contractor.

4. Prior to commencement of the work, the Contractor may be required to;

a. submit in writing his proposals for effectuating provision for accident prevention;

b. meet in conference with representatives of the Contracting Office to discuss and develop mutual understandings relative to administration of the overall safety program.

HOT WORKPERMIT

The Contractor shall be responsible for coordinating with the Contracting Officer Representative (COR) to obtain a Hot Work Permit from the Directorate of Public Works (DPW) Fire Department before starting any work with an open flame.

UTILITY OUTAGES

The Contractor shall obtain the COR approval in order to perform any utility outage under this contract. Utility outages requests shall be submitted in writing to the COR at least 15 calendar days before any desired utility outage.

ASBESTOS

If the Contractor encounters material suspected of containing asbestos, the project manager shall note those materials and inform the COR on a daily basis. The Contractor shall treat suspected materials as if they contain asbestos until an analysis is possible. The Government will provide the analysis.

GOVERNMENT-FURNISHED UTILITIES

1. Utilities. Water and electrical power required for the execution of this project will be made available to the Contractor without charge, in accordance with FAR Clause 52.236-14”AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)” Necessary connections to lines shall be made by the Contractor without additional cost to the Government. Electrical connections or temporary installations shall be made in accordance with VDE 0100. No other material, equipment, or services shall be furnished by the Government unless expressly stated elsewhere herein.

2. Telephones. Telephone facilities shall be made available without charge at a location designated by the Contracting Officer to make calls within the military reservation areas only. Use of telephones in family quarters by the Contractor or his/her employees or Sub-Contractors is strictly prohibited.

TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1. This requirement specifies the procedure for determining time extensions for unusually severe weather, in accordance with FAR Clause FAR 52.249-10 “DEFAULT (FIXED PRICE CONSTRUCTION (APR 1984)”. In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

a. The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

b. The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control, and without the fault and negligence, of the Contractor.

2. The following schedule of monthly anticipated adverse weather delays for the project location is based on the Italian Weather Agency (Bollettino Meteorologico) and will constitute the base line for monthly weather time evaluations. The Contractor’s progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities.

Monthly Anticipated Adverse Weather (Calendar Days)

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

8 7 10 8 5 3 3 3 5 10 10 8

3. Upon acknowledgement of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor shall record on the daily Contractor Quality Control (CQC) report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor scheduled work day.

4. The number of actual adverse weather delay days shall include days impacted by actual adverse weather, even if the adverse weather occurred in the previous month, be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph 2 above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification for time, in accordance with the FAR Clause 52.249-10 “DEFAULT

(FIXED) PRICE CONSTRUCTION) (APR 1984)”.

PRE FINAL AND FINAL INSPECTION

1. Prior to the final inspection, the Contracting Officer has the right to schedule one, or more than one, pre- final inspection if he/she determines it necessary. The pre-final inspection(s) will be conducted jointly among the Contractor, the COR, and appropriate Government personnel. Any discrepancies noted shall be corrected prior to any final inspection.

U.S. AND HOST NATION HOLIDAYS

U.S. Holidays: Work shall not be performed on U.S. holidays occurring during the normal work week unless otherwise directed by the Contracting Officer. When a U.S. Holiday occurs on a Saturday or a Sunday, the Holiday is observed on the preceding Friday or following Monday, respectively.

Host Nation Holidays: Work shall not be performed on local Host Nation* Holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer.

* Local Host Nation Holidays occur in the Provence (Provincia) or Region (Regione) where contract performance takes place.

U.S. Holidays:

Name of U.S. Holiday Date

New Year’s Day January 1

Martin Luther King, Jr. Day 3rd Monday of January

Washington’s Birthday / President’s Day 3rd Monday of February

Memorial Day Last Monday of May

Independence Day July 4

Labor Day 1st Monday of September

Columbus Day 2nd Monday of October

Veteran’s Day November 11

Thanksgiving 4th Thursday of November

Christmas Day December 25

Host Nation Holidays:

English Name of Host Nation Holiday Italian Name Holiday Date

New year’s Day Capodanno January 1

Epiphany Day Epifania January 6

Easter Monday Pasquetta Monday after Easter

Liberation Day Festa della Liberazione April 25

Labor Day Festa del Lavoro May 1

Local Public Holiday* Saint Giulia May 22

Republic Day Festa della Repubblica June 2

Local Public Holiday* Saint Ranieri June 17

Ferragosto / Assumption Day Ferragosto and Assunta August 15

Day Tutti i santi (or Ognissanti) November 1

Immaculate Conception Day Immacolata Concezione December 8

Christmas Day Natale December 25

Saint Stephen’s Day Santo Stefano December 26

CONTRACTOR IDENTIFICATION REQUIREMENTS

All contractor personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious are required to identify themselves as such to avoid being mistaken for Government officials. Contractors performing work at Government workplaces will provide their employees with an easily readable identification (ID) badge indicating the employee’s name, the contractor’s name, the functional area of assignment, and a recent color photograph of the employee.

Contractors shall require their employees wear the ID badges visibly when performing work at Government workplaces. Contractor personnel must also ensure that all e- mails, documents or reports they produce are suitably marked as contractor products or that contractor participation is appropriately disclosed.

INSTALLATION CLEARANCE REQUIREMENTS

(a) 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, Installation Access Control, will be grounds for denying access to U.S. installations and controlled areas. The Contractor is responsible to ensure that any Subcontractor used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any Subcontractor utilized by the contractor, are made aware of and comply with these requirements.

(b) The Contractor is responsible for being aware of and complying with the requirements associated with Installation Access Control. The Government is not liable for any costs associated with performance delays due solely to a firm’s failure to comply with Installation Access Control (IAC) processing requirements.

(c) The Contractor is responsible for returning installation passes to the issuing Installation Access Control Office (IACO) when the contract is completed or when a contractor employee no longer requires access.

(d) AE 190-16 (and AE 190-16-G German translation) can be found on the following website:

http://www.ecce.army.mil under the library link

(e) Below is the responsible Organizational Sponsor & Installation Access Control Office for this contract:

Organizational Sponsor: DPW Mr. Gianluca Lucetti Location: Depot Building No. 5155 DSN Phone No: 633-8224 Commercial Phone No: 050-548224 Installation Access Control Office: Installation Pass & Badge Office Location: Camp Darby Building No: 302 DSN Phone No: 633-7369 Commercial No: 050-547369

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-14 Inconsistency Between English Version And Translation Of Contract

FEB 2000

52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

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 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) -

Alternate I

APR 1984

52.236-26 Preconstruction Conference FEB 1995 52.242-14 Suspension of Work APR 1984 52.243-5 Changes and Changed Conditions APR 1984 52.249-1 Alt I Termination for Convenience of the Government (Fixed-price) (Short Form) (Apr 1984) - Alternate I

APR 1984

52.249-10 Default (Fixed-Price Construction) APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 252.244-7000 Subcontracts for Commercial Items OCT 2020 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for

Military Operations

OCT 2010

252.247-7023 Transportation of Supplies by Sea FEB 2019

52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL

ITEMS) (OCT 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(iv) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

(v) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vi) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

(vii) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(viii) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(ix) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (APR 1984).

(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).

(iii) 52.232-11, Extras (APR 1984).

(iv) 52.232-25, Prompt Payment (JAN 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013).

(vii) 52.233-1, Disputes (MAY 2014).

(viii) 52.244-6, Subcontracts for Commercial Items (AUG 2020).

(ix) 52.253-1, Computer Generated Forms (JAN 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).

(ii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in FAR 2.101 on the date of award of this contract).

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment (JUN 2020) (41 U.S.C. chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(v) 52.222-36, Equal Employment for Workers with Disabilities (JUN 2020) (29 U.S.C. 793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(vii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.

Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii)(A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts).

(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (Executive Order 13658) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR ® Program or Federal Energy Management Program (FEMP) will be--

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223-20, Aerosols (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent;

or contracts for construction of buildings or facilities.

(xvii) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined in FAR 2.101 on the date of award of this contract, and the acquisition--

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792) (Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this contract, that provide for the provision, the service, or the sale of food in the United States).

(xix) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information.)

(xx) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information.)

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. App. 1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.

(ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020) (Applies to contracts over the threshold specified in FAR 9.405-2(b) on the date of award of this contract).

(iii) 52.211-17, Delivery of Excess Quantities (SEP 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 52.252-2, Clauses Incorporated by Reference (FEB 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

(Insert one or more Internet addresses)

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights--

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination.

The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 30% percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 2 years from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 2 years from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor's expense any failure to…