00_73_16.pdf

SECTION 00 73 16

SPECIAL CONDITIONS FOR PROJECTS IN TURKEY (NAU)

11/17

PART 1 GENERAL

1.1 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

U.S. AIR FORCE (USAF)

AFI32-7086 AFI32-7086 Hazardous Materials Management

1.2 PAYMENT

Separate payment will not be made for compliance with this specification.

All costs associated with this specification shall be included in the applicable unit prices or lump-sum prices contained in the Bidding Schedule.

The contractor shall be responsible for all fees, translations, and ancillary costs, including notarization fees.

1.3 SUBMITTALS

Government approval is required for submittals with a "G" designation;

submittals not having a "G" designation are for Contractor Quality Control approval. Submit the following in accordance with Section 01 33 00

SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Material List; G

1.4 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 their authorized representative at least 48 hours in advance.

Unless otherwise approved by the Contracting Officer, work shall not be performed on 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 in Section 01 30 00 ADMINISTRATIVE REQUIREMENTS for work other than normal duty hours.

1.5 MATERIALS AND EQUIPMENT

The contractor shall obtain and utilize supplies, materials, and equipment available in Turkey through established Turkish suppliers, dealers, and manufacturers wherever possible; only those items which are not available within Turkey or from suppliers, distributors, vendors, or manufacturers

00 73 16 Page 1 located in Turkey may be imported by the contractor.

Failure to identify imported items in the Material List as described in this section may result in delay or rejection of imports by the Government of the Republic of Turkey at the customs border or port of entry.

Additionally, incomplete or inaccurate justificiation for importing items on the Material Lists as described in the following paragraphs may result in rejection of the Material List by the Government of the Republic of Turkey. The contractor shall be solely responsible for any resulting delays or impacts.

1.6 MATERIAL LISTS

The Contractor shall prepare and submit a Material List identifying all supplies, materials, and equipment and their quantities to be used in the performance of this contract, as described below.

Unless explicitly stated otherwise elsewhere in the contract documents, the Material List shall be approved prior to the issuance of the Contstruction Notice to Proceed. Under no circumstances shall construction work which involves any materials or equipment not contained in the approved Material List be performed.

1.6.1 Requirements

The contractor is responsible for preparation of all documents necessary to meet the requirements of the Government of Turkey. All items must be submitted in both the English and Turkish languages.

Any delays/damages to the Contractor due to Material List approval being delayed as the result of erroneous or incorrect information submitted are the sole responsibility of the Contractor.

1.6.2 Material List Contents

The Material List shall consist of three separate breakdowns as described in the following paragraphs

1.6.2.1 List Number 1 (Imported Materials/Equipment)

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.

A remarks column is provided to show justification. All justifications shall be explicit and complete describing the item being imported. Include with the justification a certification statement from a nationally recognized Turkish trade organization which has knowledge of the item/material certifying that the item/material is not available from a Turkish supplier, distributor, dealer, or manufacturer.

Any supplies, materials, or equipment which may be furnished by the U.S.

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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."

1.6.2.2 List Number 2 (Temporarily Imported Materials/Equipment)

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.

Justification and certification for List 2 items shall be included as described under List 1. Any temporarily imported GFM shall include the same statement as above.

1.6.2.3 List Number 3 (Local Materials and Equipment)

List 3 consists of two separate sub-lists: List 3A which identifies locally produced materials, and List 3B which identifies materials imported by dealers and Turkish suppliers.

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

1.6.2.4 Additional

In addition to the Material List, 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. Notarization is not required for Drawings, Specification, and the Material List.

1.6.3 Submittal Preparation

The Material List shall be submitted 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.

The form to be used in preparing this list will be provided by COR in Microsoft Excel format. The Contractor is required to use this form.

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.

1.6.4 Quantities to Be Submitted

Provide 14 printed and 14 electronic (CD) copies of each of the following:

Contract (notarized), Drawings, Specifications, and Materials Lists.

If there are no imported items for List Numbers 1 or 2, then copies of those lists shall be submitted specifying "None." In addition, provide the contractors NATO clearance number with every Material List submittal. Those

00 73 16 Page 3 projects which have not been designed by a Turkish A-E firm must be signed by an engineer registered in Turkey with their TMMOB number indicated.

1.6.5 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 the Republic of Turkey. However, the completeness of the items incorporated into the list is the sole responsibility of the Contractor.

1.6.6 Approval of Material List

The Government of the Republic of Turkey is responsible for approval of the Material List and this approval may take up to 180 days from receipt of the Material List submittal described above.

The U.S. Government does not warrant or guarantee the approval of the Material List by the Government of Turkey. Any delays associated with the approval which are beyond the control and without the fault of the contractor may be considered an excusable delay under clause 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION). This does not include delays or resubmissions required due to incomplete or inaccurate Material Lists which are the sole responsibility of the contractor.

1.7 HAZARDOUS MATERIALS/HAZMAT AUTHORIZATION FOR AIR FORCE PROJECTS

1.7.1 General

If this project is located on an United States Air Force station, including facilities owned by or co-located with Turkish Armed Forces, 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 in this context is defined in AFI32-7086.

1.7.2 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.

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1.7.3 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)

PART 2 PRODUCTS

Not Used

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 a Turkish Air Force installation.

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