Attch_11_SRs_Site_13580_21April2016.pdf

Solicitation W912GB-16-R-0030 Site 13580 – Israel (Attachment 11)

SPECIAL CONTRACT REQUIREMENTS

SR-0 DESCRIPTION OF WORK

1. Scope of Work

This project involves a Design-Bid-Build (DBB) project consisting of new construction for a large-scale operational facility for the Israeli Air Force (IAF) which contains hangars, aircraft support buildings, equipment sheds, maintenance area, and a fuel station.

Construction of new roads, parking areas, taxiways, and extension of an existing runway in the vicinity of the facility is also included in the project scope. The acquisition for this project will consist of a base award and six (6) options as described below.

All work shall be executed as detailed within the Specifications, Drawings, and Host Nation Technical Requirements (HNTRs). Please note, that the contractor shall defer to the soil compaction density requirements set forth in the Project 13580 Soil Report in the case of any conflicting requirements contained within the Drawings.

The period of performance for the base award is 548 calendar days from award. Option 1 will have a period of performance of 90 calendar days from the option award date and Option 2 will have a period of performance of 90 calendar days from the notice to proceed (NTP) for the option. The NTP for Option 2 will not be issued until the Option 1 work has been completed and accepted by the government. All other options must be completed within the base period of performance.

Additional Quality Control Personnel: In accordance with USACE Specification 01 45 01.01, in addition to the Quality Control Manager (QCM), the Contractor shall provide individual quality control personnel for each of the following disciplines: civil, electrical, mechanical, and structural.

Base Scope: The base award will consist of the following:

The base award will include ten (10) aircraft hangars, two (2) aircraft support buildings (one staff and one technical building), equipment sheds, and a maintenance station.

Upgrades and new construction of existing roadways and parking lots will also be included in the base award.

o Construction Phasing Requirements: Special attention to Chapter 24 of the Special Specifications shall be provided. The base project scope includes the demolition of two (2) asphalt roads and the dismantling of the electricity and communication underground lines. The southern infrastructure (labeled as “AR” on the drawings) shall continue operating during the construction of Project 13580. Therefore, all demolition and dismantling works shall be performed only after new roads and a bypass of the communications lines are performed. There shall only be a limited period when the southern infrastructure will not function in order to connect the new bypass road and the bypass utility lines. This limited period is defined as one (1) day (Sunday through Thursday), up to three (3) hours and/or any time during working hours on Friday. This period shall be coordinated by the Contractor with the Contracting Officer or their designated representative at least two (2) weeks prior to the implementation date. The contractor is ultimately responsible for ensuring that the infrastructure works meet the base operational needs.

Optional Scope: The optional scope includes six (6) separate items, as follows:

• Option 1 – Construction to extend the existing western runway and construction of a new western taxiway (apron) connecting from western runway to the facilities;

• Option 2 – Construction of a new eastern taxiway (apron) connecting from western runway to existing eastern runway; The NTP for Option 2 will not be issued until the Option 1 work has been completed and accepted by the government.

• Option 3 – Construction of a new fuel station (Fuel Station 700);

• Option 4 – Construction of a storage building (Storage Building 500);

• Option 5 - Construction of two additional hangars (Hangers #6 and #12);

• Option 6 – Installation of twelve (12) aircraft hangar gates.

SR-1 TAX CLAUSE: TAXES IMPOSED BY THE GOVERNMENT OF ISRAEL

1. General:

Contractors and subcontractors will be required to pay all taxes, duties, or other charges levied by the Government of Israel (GOI) in accordance with Israeli law and regulations.

Certain expenditures for taxes, duties or similar charges will be reimbursable to the prime contractor as provided in this clause. Bid prices shall not include the value of taxes for which the contractor will be reimbursed.

2. Definitions:

a. Direct taxes: As used in this clause, direct taxes are: personal income and employment taxes for third country national workers imported into Israel exclusively for work on this contract or other contracts in LOA#IS-B-HBI. Direct taxes will be reimbursed based upon actual expenses incurred by the contractor and subcontractors under procedures set out in this clause. Third Country National Tax Plan shall be submitted by the successful offeror within seven (7) calendar days after award.

Personal Income and Employment Taxes for Third Country Nationals:

1) For purposes of this clause, Third Country Nationals (TCNs) are those persons who are nationals of countries other than the United States or Israel.

2) The tax exemption for TCN personal income and employment taxes on earnings is limited to those third country nationals who enter Israel as employees of the contractor or subcontractors to work exclusively on this contract or other contracts under LOA#IS-B-HBI. As an interim measure, for a limited time only, the GOI has agreed to extend coverage of this exemption to TCNs who did not enter Israel to work on projects under this LOA.

3) At least 15 days prior to the arrival of TCNs at the job site, the Contractor shall provide the Contracting Officer with the following information for each TCN employee:

Full Name Date of Birth Place of Birth Citizenship Passport Number, date and place of issuance Visa Information Current Residence

The Contracting Officer will forward this information to the GOI and the GOI will verify eligibility for tax exemption. The Contracting Officer will notify the contractor upon verifications by the GOI that the submitted employees have qualified for tax exempt status.

4) The contractor and/or subcontractors shall not withhold personal income taxes from the wages of qualifying TCN employees. The contractor and/or subcontractors shall pay all income taxes required by Israeli law to the appropriate agencies/jurisdictions for qualifying TCN employees.

5) Income and employment taxes paid for qualifying employees of the contractor and subcontractors shall be itemized on the monthly contractor invoices to the U. S. Government. For each qualifying employee, invoices shall include the amount and type of taxes paid, period for which taxes were paid, and employee earnings for the period. The contractor shall require all subcontractors to provide this information to the contractor for qualifying employees of the subcontractors. Invoices submitted more than 90 days after the taxes were paid by the contractor will not be reimbursed.

6) TCN personal income and employment taxes paid will be reimbursed in U. S.

dollars to contractors as part of their regular periodic payments, after approval of invoices by the Contracting Officer. Reimbursement will be based upon exchange rates in effect on the date the contractor paid the taxes. For this purpose, the exchange rate shall be the rate in use by the U. S. Embassy in Tel Aviv.

b. Indirect taxes: As used in the clause, all duties, charges and fees levied by the GOI other than those defined in this clause as 'direct taxes' will be considered to be 'indirect taxes'. Reimbursement of indirect taxes will not be done on actual cost basis.

Indirect taxes will be reimbursed to the contractor as a percentage of contract amount.

Under this contract, 1.263% of the contract price will be paid to the contractor in U.S. dollars as a full and complete reimbursement for indirect taxes paid. The percentage of reimbursement is not subject to adjustment and cannot be the subject of a claim under the dispute provision of this contract. Payments to the contractor for indirect taxes will be based upon contract earnings as shown on approved invoices to the U.S. Government for progress payments.

3. Value Added Tax (VAT)

a. The contractor, or the contractor's legal representative in Israel, shall register with the GOI VAT authorities, in accordance with GOI law and regulation.

b. For Israeli VAT paid by the contractor to subcontractors, suppliers, or others, the contractor shall seek reimbursement directly from the VAT authorities. For purposes of this clause, this is considered to be the input tax.

c. For every invoice the contractor submits to the U. S. Government, the contractor shall add a separate line reflecting Israeli VAT at the appropriate rate. The U. S.

Government will not pay the amount of the VAT line. Reimbursement of VAT other than input tax will occur in the specified way below:

i. The contractor is required to pay VAT to the GOI VAT authorities at the normal rate (currently 17.0%). In this event, the contractor shall submit to an invoice in Shekels for the VAT. The invoice shall reflect the VAT on the amount of the approved U. S. Government invoice. A copy of the contractor's approved invoice to the U. S. Government shall be attached to the invoice to MOD. The contractor will be paid by the GOI MOD for VAT in Israeli Shekels, based upon it's invoice. The contractor will than pay the VAT to the VAT authorities. The details of the process for reimbursement will be established between the contractor and the Ministry of Defense prior to the start of construction.

d. For pricing proposes, the contractor shall not include VAT in the contract prices.

4. Third Country National Tax Plan:

a. The Contractor shall submit a Third Country National (TCN) Tax Plan within 7 calendar days after award which shall include: (1) an estimate of the amount of TCN personal income and employment taxes expected to be incurred in performance of the contract; and, (2) a projected expenditure schedule showing when the contractor expects to incur these costs over the duration of the contract.

Submission of the plan and acceptance of the contractor's proposal by the Contracting Officer will not constitute agreement to minimum level of reimbursement nor will it be a limitation on reimbursement to the contractor. The plan must address subcontractors as well as the prime contractor.

b. The TCN Tax Plan submitted is a required submittal under the resultant contract.

In the event of significant changes in expenditure levels or timing of TCN workers during performance of the contract, an updated plan, along with justification for any changes, must be resubmitted by the contractor for Contracting Officer approval. The Contracting Officer will not unreasonably withhold approval for changes in the plan.

c. The requirement for submission of a TCN Tax Plan does not constitute a requirement to use TCN labor on the project, not is it a warranty of the availability of TCN labor. Ensuring adequate manpower to perform the work and decision concerning the makeup of the labor force are the responsibility of the contractor, acting within the laws and regulations of the State of Israel.

SR-2 EXISTING STRUCTURE AND INSTALLATIONS

1. Work Site

a. All Contractor installations shall be located inside the Work Site, at a location determined in advance and in writing after coordination with the COR and base security office.

b. The Contractor shall obtain in advance the COR’s approval for the location of storage areas used to store equipment and materials.

c. The boundaries of the work sites shall be fenced and separated from the military installation with an opaque (solid), stable, and tight fence at a height of at least 2.5 meters. The posts shall be anchored on concrete bases in the ground. Six (6) meter wide gate with locks shall be installed in the fence. The fenced area shall have one (1) gate only for both entering and exiting the site. The Contractor shall be responsible for the design, stability and maintenance of the fence during the entire construction period. The final plan and location of fence and gates shall be submitted by the contractor for COR and base approval.

d. The Contractor shall supply his employees with all necessary services within the work site boundaries.

e. The Base Administration and any other body representing the base shall not be responsible for the Contractor's equipment or guarding the site. Securing of the project area is the sole responsibility of the Contractor. The Contractor shall ensure the sites are secured at all times. In addition, the contractor shall be responsible for hiring an on-site guard who will be present every working day from the time that the employees are arriving in the morning until the employees are leaving at the end of the day.

e. The Contractor may mobilize only within areas approved for it in accordance with a mobilization plan to be submitted (see below), in which the Contractor must present a mobilization map for the entire project compounds. The map shall be submitted for approval to the COR. Works in the project site shall begin only after approval by the

COR.

f. Mobilization and Site plan: The Contractor shall submit an Area Use Plan designating proposed intended use of all areas at the project sites and staging areas. This plan shall include, but not be limited to, the following: borrow removal plan and access roads to the sites; drawings showing proposed road detours; drawings showing temporary telephone and electrical installations; temporary water and sewage disposal installations; construction plant and building installations, if any; concrete truck washout area; material storage area; office or administration facilities; and fencing. Construction of any fencing shall be the responsibility of the Contractor and performed at no additional cost to the Government. The Contractor staging area shall be the location of all offices and storage trailers, parking area for company and privately owned vehicles; storage of materials and equipment; storage and disbursement of fuel, oil and gas; maintenance of equipment; and fabrication of materials; Water and Electricity meters.

1. The contractor shall apply direction signs in English and Hebrew to the site from the base entrance gate. The signs must be in every junction on that path.

And no more than 1000m apart from one another.

The signs must glow in the dark "Class 3"– Yellow background and be sized – 1 meter x 1 meter. With lettering as follows:

Font "Arial" size "100" minimum Color "Black"

2. The path from the base entrance gate to the site must be approved by the base security office.

g. Five (5) vests and helmets shall be on site in every period of time for visitors.

i. The limits of the Infrastructure Works are shown in the drawings. The contractor shall also be responsible for connections to the base’s infrastructures sources (as necessary).

2. Damage to Electricity, Communication Systems, and other Infrastructure

a. The Contractor shall not damage electricity, communication systems and other infrastructures.

b. It's the contractor responsibility to bring a detector company to mark all the infrastructures on his own expense.

c. Any damage caused by the Contractor regarding electricity and communication systems – must inform to the COR immediately. After the COR is inform, the damage shall be fixed by the Contractor, on his expense, in less than 2 hours from the time the damage occurred.

3. Water and Electricity Requirements

a. The water and electricity required for the work shall be supplied at no cost to the

Contractor; however, the connection to the sources of water and electricity and bringing them to the work site shall be conducted by the Contractor at his own expense, with preliminary coordination with the base authorities and COR.

b. The Contractor shall install and connect water and electricity meters in every point of connection. Meters shall be installed within 10 days of NTP.

c. The water and electricity supplied to the Contractor shall be for the work purpose only.

d. In event of stoppage in the supply of water and electricity in the base, due to any reason, the Contractor shall make arrangements, at his own expense, for independent supply (water storage, generators, etc.), to continue the work on site.

4. Removal of Litter

a. It is the responsibility of the Contractor to continually remove, on a daily basis, all waste, litter, and material from digging and/or gravel-waste to an authorized waste dump area. It is prohibited to allow dig material and waste to pile up in the project site.

5. Coordination

a. In the event it is discovered that base activities interferes with the work of the contractor, the contractor shall immediately notify the Contracting Officer or their representative and receive direction for the required handling of the matter.

b. Performance of work in the vicinity of underground electric cables, including those marked in the project drawings or those identified in the field by the contractor, requires the presence of the base electrical engineer or the engineer of the installation wherein the work is performed.

c. Performance of work in the vicinity of communications cables requires the presence of a representative of Bezeq.

d. Performance of work in the vicinity of computer lines requires the presence of an authorized representative of the base.

e. The Contractor is responsible for coordinating and summoning the above mentioned representatives through the Contracting Officer or their representative.

SR-3 BASE SECURITY REQUIREMENTS

The Contractor shall comply with the base security requirements with respect to employees as detailed in following document.

A. General Security Requirements

1. A liaison on behalf of the Contractor, serving as liaison officer between the Contractor and the Contracting Officer or their Representative (COR), shall be present on site during the employees stay on site. The liaison shall always be available to receive phone calls and messages from the base POC.

For the matter of entry and exit from the gate to the work site and back of all kind of workers, material trucks, and visitors will be only with escort by the contractor liaison. The contractor liasion shall be re-approved every three (3) months. The liaison person shall be an Israeli citizen, from the managerial echelon of the contractor, and whom complies with the following criteria:

a. This person shall be an Israeli citizen who has completed their Israeli Defense Force (IDF) service, and shall have the approval of the field security officer.

b. Have undergone security training by the Base Security Officer.

c. Have undergone road safety training by the Base Road Safety Coordinator.

d. An escort certificate has been issued to him.

2. The contractor shall appoint a guard that will be on-site and will prevent any construction employees from leaving the construction fenced area. The guard will be on site every working day from the time that the employees are arriving in the morning until the employees are leaving at the end of the day .The guard shall not have any other assignments on the project site. The guard shall be Israeli citizens who served in the IDF. The contractor shall submit the guard’s documents for Base approval.

3. The entire project will be executed within an IAF base, which is an active base that will continue with routine activities throughout execution of the project.

4. It is forbidden under any circumstances to enter the base with weapons and any cameras including any cell phones having the capability to take photographs to include smart phones or similar devices, unless approved by the base security office.

5. The Contractor shall coordinate any request to photograph the project work site with the appropriate base authorities.

6. The collection of information of any type whatsoever related to base activities is prohibited.

7. It is forbidden for contractor’s workers to make any personal contact with soldiers on the base.

8. The construction site will be monitored by base cameras for security matters 24/7.

9. Works outside of the security site fence and/or any action that might influence base facilities shall be coordinated by the Contractor and base at least 21 calendar days before the activity date.

10. Security reviews and exercises will be performed occasionally by the base security office in order to test and monitor the implementation of the security instructions. Some of the reviews will be coordinated in advance and some will be spot checks and readiness exercises for the security system.

11. Work days and hours of activity at the site:

a. Work hours during workdays of Sunday through Thursday including intermediate days of Succot and Passover (but not holiday eves) shall be as follows:

i. Start of work: 06:30

ii. End of work: until sunset.

b. Workdays on Fridays, holiday eves, fast days shall be as follows:

i. Start of work: 06:30

ii. End of work: 14:00

c. Requests for off-hour work:

i. Written requests shall be submitted 14 workdays in advance for approval of the

COR.

ii. A decision on the request will be communicated to the contractor not less than 48 hours prior to the date of the proposed off-hour work.

12. Initiated Work Interruptions

a. The COR may inform the Contractor of temporarily interruption to work following instructions from the Base officials. With the issuance of such a notice, the Contractor shall stop all work and leave the base (all staff included). The total cumulative number of hours of expected work interruption in each site of this project may be twenty (20) working days. The Contractor shall include consideration for these potential interruptions in their proposal.

b. In the case of any special activity on the base, the base officials may ask the contractor to move workers to a closed building on or adjacent to the sites. This act would be coordinated at least 48 hours ahead with the contractor.

B. Base Entrance permission:

1. Access to the base is controlled by the Government of Israel (GOI). The Government of Israel, acting in its sovereign capacity retains all rights to refuse or inhibit access of any employee or the access of any group of employees.

2. The airforce base is a restricted site and access for all Contractor workers to the base shall be in accordance with the following criteria:

a. Entrance to the site is only by approval by name and ID.

b. The contractor shall submit to the base security office, a list of names of the workers that he intends to employ at the work site, including all the required personnel details and duration of working period on the site. The base security office will return a list of approved workers no later than four (4) weeks before the contractor intends to employ the workers to the site.

c. Only employees whose names have been approved by the base security office may enter the site.

d. Workers whose access is approved shall be provided with approval by name for the required performance period. All the permanent workers [defined as those requiring at least a two (2) consecutive weeks working period] will be photographed and finger printed. Each approved worker will be given a base access card.

e. During performance at the site, the contractor and his workers are subject to the security requirements of the Base to include any changes publicized from time to time by the Base authorities.

f. Base access of the Contractor's and employees' vehicles is forbidden except for the Prime contractor’s key personnel as defined in the Contract and Foremen who will be approved by base security. All other workers shall be transported by the approved vehicles only and not by their own vehicles from the base gate to the project site.

C. Israel Base Security Requirement – Access of all Employees

1. Subject to the provisions of B.1 above, the employment of all non-Israeli employees from any country having diplomatic relations with Israel may be allowed. This allowance in no way warrants the availability of labor from these countries nor gives assurance that any individual (or group of individuals in accordance with B.1 above) will be granted access by the base security.

2. The Contractor performing the works shall sign a secrecy obligation document, according to which the Contractor agrees to fulfill all these present field security instructions, as well as their commitment to continue to abide by the base’s ongoing security instructions as they arise, in order to maintain the required security posture.

3. The GOI retains all rights to stop the Contractor’s work if he does not comply with the field security instructions set forth in this document.

4. The Contractor shall submit to the base security a list of his permanent employees, enclosing their pictures. Each morning, upon arrival to the site, the employee will be inspected at the gate by a base security representative according to this list, and then shall be accompanied by the contractor’s liaison (refer to section A. General Security Requirements, Item 1 above) up to the work site. The employees shall leave their passports at the gate upon arrival, and shall pick up their passports at the gate upon leaving at the end of the workday.

5. At the end of the fourth week of every month the contractor shall submit an updated list of all workers, visitors and suppliers that were approved by the base security officer and not intended to work in the base any more for the upcoming month.

6. The employees clothing shall be uniform working clothes (not military/police/border police of any kind), while wearing a reflective vest with the Contractor's name and logo on it.

7. Arrival and exit to and from the work site (especially suring the start and end of the work day) shall be accomplished in a group, to the extent possible.

8. No overnight stay at the project site shall be permitted. At the close of each workday, the contractor’s representative shall perform a clearance check and verify that no workers remain at the project sites.

9. During work hours, all employees shall generally remain at the construction site only.

10. It is forbidden for any vehicle of any contractor representative to be parked outside of the construction site fence.

D. Traffic in the base to the worksite area

1. Entry and exit to and from the base shall occur on a route defined for this purpose only from the north main gate; travel outside of this route is prohibited; travel on foot on the access road from the base gate to the work compound is prohibited. The contractor shall install directional signs along the route according to base instructions.

2. Entry onto Base operational areas is prohibited:

a. Passage of equipment on and crossing of runways, taxiways and operational roadways is prohibited under all conditions without approval from the base. If the necessity for crossing these runways, taxiways, or operational roadways arises, the Contractor shall obtain receipt of all safety instructions for crossing them from the Base Security Officer and Base Road Safety Coordinator and must appoint a person on its behalf who shall be responsible for maintaining and implementing all of the Base's instructions in this matter.

b. The Contractor shall coordinate and receive approval from the base security for routes by which it will be able to travel to the various work sites, including their preparation, at its own expense.

c. The authorized Base Command reserves the right to periodically modify travel routes, to replace them with others or to close them entirely (with alternate route approval provided).

G. Obligations and restrictions imposed on workers at the site

1. The contractor shall not make any contact whatsoever with those serving on the base;

this includes a prohibition of the pickup and transport of soldiers.

2. A valid ID card shall be carried at all times (one or more of the following certificates:

an Israeli ID card, a passport or Israeli driver's license, AFB entrance approval).

Contractor employees’ shall identify themselves and present an ID certificate when so requested by any military personnel.

3. Construction workers in the worksite are not allowed to enter the base in possession of, or to use mobile telephones, portable communications devices, cameras, road cameras, optical devices, transmitting and spotting devices and portable computers as these devices are prohibited. Such devices shall be left outside the base. This restriction does not apply to the contractor’s management personnel on the list approved by base security or to workers that need those devices for work purposes and will be submitted and approved ahead by the base security officer.

4. The oversight of the devices mentioned above and the adherence to these procedures shall be the responsibility of the Prime contractor. All contractor workers shall be checked by the base security personnel using the metal detector to insure all unauthorized devices and weapons do not enter the base.

5. The communication and computerized equipment of the contractor’s management personnel especially transmitting & amplifying devices shall be approved by the base security officer.

H. Israeli Base General Security Requirement - Penalty System

1. The contractor shall bear full responsibility for any action that does not comply with the field security instructions set forth in this document.

2. In the case of a violation of these security rules on the part of the contractor, the base security office will execute the following:

a. Modification to the security requirements including limitation of entry of any contractor employees on the base in order to mitigate or prevent future violations.

b. Upon the first violation of a contractor employee of any of these rules, the employees shall, at a minimum, be removed from all working sites in the base for 5 working days and may in the case of violations deemed sufficiently severe by the base security office, not be allowed to work at the base on this contract.

c. Upon the second violation of the same contractor employee, this employee shall be excluded from the approved workers lists and shall not be allowed to work at the base on this contract.

3. Traffic laws that apply to drivers on the base shall also apply to the Contractor and its workers.

a. The Contractor shall bear full responsibility for any action that does not comply with the safety, transportation, driving and damage to existing infrastructure instructions set forth in this contract.

b. In the case of a violation of these security rules on the part of the contractor, the base security office retains all rights (in order to mitigate or prevent future violations) to change the security requirements including limitation of entry of any contractor employees to the base who are violating these rules.

I. Information security

The Contractor hereby declares that he has read and understood the Penal Law 1977 in all matters associated with the transmission of state secrets and the obligations necessitated thereby, and that he is aware of the obligation imposed on him based on the contract that he has signed with the State to maintain strict confidentiality regarding any information related to the implementation of the contract and to abstain from the transmission of information to any person who is not authorized to receive it. The Contractor hereby proclaims that he is aware that in the event that he does not comply with his obligations according to the law, he shall be subject to punishment as determined by the Penal Law 1977.

The obligation imposed on the Contractor based on the contract that he has signed applies directly also to all subcontractors participating in the project as well as suppliers and various service personnel.

The Contractor shall comply with all of the security and safety instructions as recorded in this document and in the project security procedure and shall also comply with on-the-spot instructions provided by the Base Security Office based on changes in the project and its progress.

Restricted (Confidential After Filling-in)

Form No. 1 – List of Employees

Serial No.

Contractor name + liaison person and tel.

ID Card or

Passport No.

Military Number

Last Name

First Name

Father Name

Full Address start date end date

A B C D E F G H

Contractor’s Signature: _______________________

(END OF THE ATTACHMENT TO THE SPECIAL CONTRACT REQUIREMENTS)