00_73_16.04_Special_Conditions_for_Projects_in_Turkey.pdf

SECTION 00 73 16.04

SPECIAL CONDITIONS FOR PROJECTS IN TURKEY

(06/12)

PART 1 GENERAL

1.1 MATERIAL LISTS

1.1.1 List Number 1

1.1.2 List Number 2

1.1.3 List Number 3

1.1.4 Submittal Requirements

1.1.5 Payment

1.1.6 Approval Requirements

1.1.7 Assistance by the Government

1.2 HAZARDOUS MATERIALS/HAZMAT AUTHORIZATION FOR AIRFORCE PROJECTS

1.2.1 General

1.2.2 Procedure

1.2.3 Storage

1.3 HOURS OF WORK

PART 2: PRODUCTS

PART 3: EXECUTION

3.1 DEMOLITION AND DISPOSAL

PART 1 GENERAL

1.1 MATERIAL LISTS

1.1. General

In accordance with Tax Relief Agreement between the United States of America and Turkey, dated 23 June 1954, the Contractor shall submit to the COR a list of all supplies, materials, and equipment and their quantities to be used in the performance of this contract, as described below.

The contractor is required to obtain all materials and equipment from sources within Turkey wherever possible; only those items which are not available within Turkey or from suppliers, distributors, vendors, or manufacturers located in Turkey may be imported by the contractor.

1.1.1 List Number 1

Numbered items of all imported materials and equipment that will be incorporated into the project. Approval of an item on this list becomes the authority for its duty free importation through later submission of a beyanname for the item. Turkish GATT codes will be placed in a column to the right of the name of the piece of equipment being imported. Some GATT codes are specific while others are very general and do not adequately describe the item being imported. Therefore, it is important to fully describe the item being imported. Item descriptions or other contract documents must explicitly state the particular characteristic that necessitates importation to reduce misunderstanding and delays. A remarks column is provided to show justification. All justifications shall be

SECTION 00 73 16.02 SPECIAL CONDITIONS FOR PROJECTS IN TURKEY (04/09)

explicit and complete describing the item being imported. Any supplies, materials, or equipment which may be furnished by the U.S. Government for this contract (GFM) will be referenced on this list by the following statement: "The supplies, materials, or equipment shown in the drawings and specifications as Government Furnishings are U.S. Government supply items for the use of U.S. Military personnel and are not a fixed part of this facility. These items will be removed upon the U.S. Government termination of use of this facility."

1.1.2 List Number 2

Numbered items of equipment for which temporary importation is requested for the performance of the contract. For example, machinery, equipment, and materials imported for use during the performance of this construction project which are to be exported from Turkey upon completion of the project.

All comments about List 1 also apply to List 2.

1.1.3 List Number 3

Numbered items of all supplies, materials, and equipment to be purchased from sources within the local Turkish economy and which are manufactured in

Turkey. The Contractor shall utilize supplies, materials, and equipment available in Turkey through established Turkish suppliers, dealers, and manufacturers.

1.1.4 Submittal Requirements

This list shall be submitted as soon as possible, but no later than the date of submission of the final design, if the contractor is responsible for design, or 30 days after contract award if the contractor is provided a complete design. Construction work which involves any of the items contained in the Material List may not be performed without approval of the

Material List by the Government of Turkey.

The form to be used in preparing this list will be provided by COR. The

Contractor is required to use this form. Additional copies may be reproduced by the Contractor. This list and any attachments shall be submitted on approximately 22 cm x 28 cm paper.

All materials and equipment under "Item Number" will be identified as follows: A01, A02, A03, etc., for those items on the Architectural

Drawings; M01, M02, M03, etc., for those items on the Mechanical Drawings;

and E01, E02, E03, etc., for those items on the Electrical Drawings.

In addition to the material lists, the submittal must also include copies of the contract, notarized as official, and copies of the drawings and specifications. Notarization shall be performed through a customary Turkish notary public. Each of these, and the material lists, must be in English and Turkish. The quantities of each document to be submitted depend on whether imported items are required. If there are no imported items for

List Numbers 1 or 2, then copies of those lists are submitted specifying

"None." In addition, provide the contractors NATO clearance number with every material list submittal. Those projects which have not been designed by a Turkish A-E firm must be signed by an engineer registered in Turkey with his/her TMMOB number indicated.

Submittal Document With Importation Without

Importation List 1, 2, and 3 14 sets 6 sets

Contract, Notarized 6 sets 6 sets

Drawings 6 sets 6 sets

Specifications 6 sets 6 sets

(All documents in English and Turkish)

NOTE: Notarization is not required for Drawings, Specification, and the

Lists indicated above.

1.1.5 Payment

The Contractor shall pay all fees associated with the notarization of the contract documents.

1.1.6 Approval Requirements

The contractor is responsible for preparation of all documents necessary to meet the requirements of the Government of Turkey. Any delays/damages to the Contractor due to material list approval being delayed as the result of erroneous or incorrect information submitted become the sole responsibility of the Contractor.

When submitting either a List 1 and/or List 2 Material List for approval, the Contractor is required to provide written justification and certification from the Turkish supplier for all items on the list explaining why it is necessary for such importation. Also, the Contractor shall provide a statement from a nationally recognized Turkish trade organization which has knowledge of the item/material and shall certify that the item/material is not available from a Turkish supplier, distributor, dealer, or manufacturer. Failure to provide complete justification may result in rejection of the Material List by the Government of Turkey.

1.1.7 Assistance by the Government

If requested by the contractor, the COR may assist the Contractor in reviewing the material list prior to transmitting the list to the Government of Turkey. The completeness of the items incorporated into the list is the sole responsibility of the Contractor and the U.S. Army Corps of Engineers makes no guarantees as to the approval of such list by the Government of

Turkey.

1.2 HAZARDOUS MATERIALS/HAZMAT AUTHORIZATION FOR AIRFORCE PROJECTS

1.2.1 General

If this project is located on an existing United States Air Force station, the contractor shall comply with the requirements of AFI32-7086 HAZARDOUS

MATERIALS MANAGEMENT in regards to obtaining authorization for all HAZMAT

(hazardous materials) which they intend to use for this project. HAZMAT includes all items covered under host nation and local reporting requirement, the Occupational Safety and Health Administration (OSHA) Hazard

Communication (HAZCOM) Standard, and all Class I and Class II Ozone

Depleting Substances (ODS). A copy of the AFI may be found on the Internet at: www.e-publishing.af.mil/shared/media/epubs/AFI32-7086.pdf

1.2.2 Procedure

The Contractor shall initiate the authorization procedure for HAZMAT items by completing an AF Form 3952 for each material. The MSDS (material safety data sheet) in English shall be attached to the AF Form 3952. The

Contractor shall take the Form 3952 and the MSDS to the following organizations for review and approval: Safety (39 ABW/SE), Bioenvironmental

Engineering (39 MDG/SGOAB), and Environmental (39 CES/CECV). The Contractor shall not bring any HAZMAT onto the base prior to approval of the Form 3952.

Form 3952 is available from the Environmental Office or the HAZMART

Pharmacy.

When the HAZMAT is authorized, the Form 3952 shall be taken to the HAZMART

Pharmacy for entry into the Air Force HAZMAT tracking system. Copies of the authorized Form 3952 shall also be given to the COR and the Fire Department.

Contractors shall use a tracking system for tracking and reporting HAZMAT transactions and shall submit a letter of HAZMAT usage upon the completion of the project to the Base Environmental Office (39 CES/CECV). The letter shall list the HAZMAT and the quantities used during all phases of the project.

1.2.3 Storage

In addition to the requirements of EM385-1-1, the contractor shall comply with the following:

a. Store Liquid HAZMAT items over a secondary containment device

b. Ensure incompatible materials are not stored in the same secondary containment area.

c. Store all HAZMAT materials in labeled containers. Transfer of HAZMAT into unmarked containers is not allowed.

d. Maintain an inventory of the types and quantity of HAZMAT stored at the project site.

e. Maintain a binder with all of the MSDSs in both Turkish and English available for use by employees and emergency responders at any on base location used by the contractor for HAZMAT storage (construction sites, offices and staging areas).

http://www.e-publishing.af.mil/shared/media/epubs/AFI32-7086.pdf

1.3 HOURS OF WORK

Normal duty hours are 0800 through 1700, Monday through Friday. Work during other than normal duty hours shall not be performed without prior written approval of the Contracting Officer. The Contractor shall submit requests to perform work outside of normal duty hours to the Contracting Officer or his authorized representative at least 48 hours in advance.

Unless otherwise approved by the Contracting Officer, work shall not be performed at the on-base site of work on the following Turkish or U.S.

holidays or any other day proclaimed an official holiday by either

Government (including other base closure days). Request for work during these holidays shall be made in accordance with steps outlined above for work other than normal duty hours.

U.S. Holidays:

(When a holiday falls on Sunday, the following Monday is a holiday.)

1 January

Third Monday in January

Third Monday in February

Last Monday in May

4 July

First Monday in September

Second Monday in October

11 November

Fourth Thursday in November

25 December

Turkish Holidays:

1 January (1 day)

National Sovereignty and

Children's Day, 23 April

Commemoration of Ataturk and Youth and Sports Day, 19 May

Victory Day, 30 August

Republic Day, 29 October

Ramadan Festival (3.5 days)

Sacrifice Festival (4.5 days)

26 December

New Years Eve

PART 2: PRODUCTS(Not Applicable)

PART 3: EXECUTION

3.1 DEMOLITION AND DISPOSAL

Notwithstanding any other contract requirements, the Government of the

Republic of Turkey shall have the right of priority to take possession of any equipment, materials, and supplies which are indicated as to be demolished or removed as part of this contract.

The contractor shall coordinate all demolition and removal with the Turkish authorities, including Turkish Air Force staff when the project is located on an Air Force installation.

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