00_73_16.03_Special_Conditions_for_Projects_in_Romania_and_Bulgaria.pdf

SECTION 00 73 16.03

SPECIAL CONDITIONS FOR PROJECTS IN ROMANIA AND BULGARIA

(04/10)

PART 1: GENERAL

1.1 ORDER OF PRECEDENCE (ADDITIONAL)

1.2 US GOVERNMENT SUPPORT

PART 2: PRODUCTS

PART 3: EXECUTION

3.1 ADDITIONAL REQUIREMENTS FOR INSTALLATION ACCESS

3.1.1 General

3.1.2 Control by Local Authorities

3.1.3 Contractor Non-Compliance

3.2 PERSONNEL ACCESS REQUIREMENTS

3.2.1 Security Vetting: Romania

3.3 VEHICLE ACCESS

3.4 CONTRACTOR’S WORK FORCE

3.4.1 Foreign Employees

3.4.2 Designated Country Citizens

3.4.3 Required Government Certification

3.4.4 Contractor Obligation

PART 1: GENERAL

1.1 ORDER OF PRECEDENCE (ADDITIONAL)

Unless prescribed elsewhere in Sections 0600, 0700, or 0800, in the event of conflict or inconsistency between any of the provisions of this contract, precedence shall be given in the following order:

(1) Contract Clauses 52.236-21 Specifications and Drawings (Alt I) and 52.215-8 Order of Precedence.

(2) Betterments: Any portions of the accepted proposal that both conform to and exceed the provisions of the solicitation.

(3) The provisions of the solicitation, plus amendments, if applicable. The order of precedence within these documents is:

a. Sections 0600, 0700 and 0800

b. Scope of Work

c. Specifications

d. Special Requirements and/or Special Technical Requirements

e. Referenced Design Guides (eg Army Family Housing Design Guide)

f. Reference Drawings

(4) All other provisions of the accepted proposal to the extent they constitute a betterment.

(5) Any design products including, but not limited to, plans, specifications, engineering studies and analyses, shop drawings, equipment installation drawings, etc. These are “deliverables” under the contract and

SECTION 00 73 16.03 SPECIAL CONDITIONS FOR PROJECTS IN ROMANIA AND BULGARIA

are not part of the contract itself. Design products must conform to all provisions of the contract, in the order of precedence herein.

(6) Attached to and part of this contract are certain Host Nation Technical Requirements, Standards, and References. These documents come immediately below the drawings in order of precedence when evaluating inconsistencies.

Any reference in the contract documents to “General Specifications” should be interpreted to refer to these documents.

Amendments shall take precedence over all items listed above to the extent noted above and in the referenced clauses. For instance an amendment to a Drawing takes precedence over the original drawing but not over the Special Specifications and amendment to section 0700 takes precedence over the original section 0700 but not over the Special Contract Requirements, etc.

Design and product requirements, including criteria are minimum requisites.

In case of conflicting requirements within documents of the same order of precedence (i.e. specifications reference a standard which requires a more stringent criteria than the specification), the more stringent criteria shall govern.

1.2 US GOVERNMENT SUPPORT

The US Government does not maintain control over the access procedures and does not warrant access for any individual or groups of individuals.

When requested by the contractor, the government may provide a letter of introduction or other similar document to meet the requirements of the installation commander which will identify the contractor’s personnel or vehicles as being employed on the project site and requiring access. The government shall not warrant or otherwise provide good conduct certifications or other verifications of the background or suitability of the contractors personnel.

The contractor shall be responsible for coordinating with the installation commander to identify the general format and requirements of the letter and allow a minimum of 10 calendar days for the government to prepare the letter. This time period shall be in addition to any time periods indicated elsewhere in the specifications

The government will not accept liability or responsibility for granting access to the installation, nor shall it be responsible for coordination of approval.

PART 2: PRODUCTS

PART 3: EXECUTION

3.1 ADDITIONAL REQUIREMENTS FOR INSTALLATION ACCESS

3.1.1 General

In addition to the requirements identified elsewhere, this paragraph identifies additional requirements for access to military installations in the Host Nation.

The government reserves the right to alter base access and security requirements at any time. The contractor shall have no recourse as to costs or time extensions for any delays resulting in changes to access and/or security requirements.

3.1.2 Control by Local Authorities

Access to installations is controlled by the various Armed Forces of the host nation and contractors must comply with the requirements for access established by the installation commanders.

3.1.3 Contractor Non-Compliance

Should the contractor fail to comply with the rules and regulations established by the installation commander, they, or their employees, may be barred from the installation. If, as a result, the contractor is unable to perform, the government may determinate that the contractor is in default of the contract.

3.2 PERSONNEL ACCESS REQUIREMENTS

Anyone requiring access to the installation, including delivery drivers, construction workers, and administrative personnel, must have an installation access pass or other documentation granting them access to the installation. In general, all persons requiring access must already have legal permission to work in the country before a request for access may be submitted.

Requests for installation access must be made at least 30 calendar days prior to the anticipated date access will be required. Requests made with less than 30 days notice may be disallowed.

3.2.1 Security Vetting: Romania

Romanian authorities are normally required to conduct a security vetting of all personnel on classified contracts. Unless the scope of work for this contract specifically states that this security vetting is required, the contractor shall assume that no additional security vetting beyond that required to meet other portions of this contract is required.

The security vetting is broken down into four levels, depending on the facility where work is to be performed. The Statement of Work will identify the security authorization required.

The terms for issuing the industrial security authorization or facility security clearance are:

• Level I security vetting - industrial security authorization; 60 calendar days shall be allowed for the vetting process

• Level II security vetting - confidential facility security clearance; 90 calendar days shall be allowed for the vetting process

• Level III security vetting - secret facility security clearance; 120 calendar days shall be allowed for the vetting process

• Level VI security vetting - top secret facility security clearance; 180 calendar days shall be allowed for the vetting process

This time period is in addition (consecutive) to any other time required to obtain access.

3.3 VEHICLE ACCESS

All vehicles requiring access to the installation, including delivery vehicles shall be registered or otherwise approved for use on the installation by the base commander.

3.4 CONTRACTOR’S WORK FORCE

3.4.1 Foreign Employees

Contractor may arrange, through the appropriate host nation Government (HNG) offices, to bring into the country nationals of third countries (TCN) having diplomatic relations with the host nation for purposes of employment in carrying out this contract work. In general, these people must be employed in the country solely for this project.

Contractors shall be responsible for timely and complete submittal of the necessary information and forms directly to the appropriate HNG agency for the required customs clearances, passports, visas, licenses, or permits.

The contractor shall be responsible for the sponsorship of its employees and their dependents and shall process said permits directly with the appropriate HNG agency. Offerors are advised that the HNG reserves the right to limit access to designated security areas and refuse entry or employment of specified individuals, or to require their departure from the country, in accordance with national or local law and practice.

The Government does not have influence over the TCN issue and does not warrant the availability of TCN labor.

3.4.2 Designated Country Citizens

Designated country citizens (passport holders) are not authorized access to the project sites. Performance under this contractual document does not authorize designated country citizens access to such installations.

Designated country as used in this provision includes Afghanistan, Algeria, Burma, Cambodia, Cuba, Iran, Iraq, Laos, Libya, Mongolia, North Korea, the People’s Republic of China, Syria, Yemen, and Former Yugoslavia (Serbia, Montenegro, and Bosnia Herzegovina), Egypt, Jordan, Russia and from all countries which were part of the former USSR. Individuals from Serbia and Montenegro will hold a Yugoslavian Passport. Individuals from Bosnia Herzegovina have their own passport.

The list of designated countries is subject to change upon notification by the COR.

The contractor agrees to insert the substance of this provision, including this paragraph, in all subcontracts.

3.4.3 Required Government Certification

The contractor shall provide to the Government a list, by name, of individuals from third countries which they intend to employ on the project site at least 80 calendar days prior to their planned entry into the country. The Government will provide to the contractor a letter for the HNG authorities which identify these personnel as being required for the execution of this work.

This letter must be completed prior to submission of any other documentation to HNG authorities.

3.4.4 Contractor Obligation

Contractors shall be responsible for timely and complete submittal of the necessary information and forms directly to the appropriate HNG agencies for the required customs clearances, passports, visas, licenses, or permits.

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