A.07.23.01_Attach_1_Specifications_Binder.pdf

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 74 00

SPECIAL CONDITIONS (NAU)

03/19

PART 1 GENERAL

1.1 PAYMENT

1.2 DEFINITIONS

1.3 ORDER OF PRECEDENCE

1.4 DOCUMENTS IN MULTIPLE LANGUAGES

1.5 COMMUNICATION IN ENGLISH

1.5.1 English Speaking Representative

1.5.2 Correspondence And Documentation

1.5.3 Translations for Disputes

1.5.4 Additional Language Requirements

1.5.5 Language Fluency

1.6 PERMITS

1.6.1 General Requirements

1.6.2 Permits and Notifications

1.6.3 Final Acceptance

1.7 THIRD PARTY INSPECTION REQUIREMENTS

1.8 CONTRACTOR WORKFORCE

1.8.1 Foreign Employees

1.9 CONTRACTOR OBLIGATION

1.10 SUBMITTALS

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 SITE ACCESS

3.1.1 General Access Requirements

3.1.2 Work on Military Installations (General)

3.1.3 Access to Operational Areas

3.2 CONTRACT EXECUTION IN THE HOST NATION

3.2.1 Prime Contractor Responsibility for Subcontractor Disputes

3.2.2 Access to Areas Under Military Control

3.2.3 Contractor Responsibility

3.2.4 Archaeological and Historical Sites

3.3 CONTRACTOR LIAISON AND COMMUNICATION WITH HOST GOVERNMENTS

3.4 RESTRICTIONS ON PAYMENT SUBMISSIONS

-- End of Section Table of Contents --

DOCUMENT 00 74 00 Page 1

SECTION 00 74 00

SPECIAL CONDITIONS (NAU)

03/19

PART 1 GENERAL

1.1 PAYMENT

Separate payment will not be made for compliance with this or any other Division 00 or Division 01 specification. All costs associated with these specifications shall be included in the applicable unit prices or lump-sum prices contained in the Bidding Schedule.

1.2 DEFINITIONS

The following terms are used throughout the contract documents. Except where a definition is provided with the specific occurrence, the following definitions apply to these terms.

a. Betterment. Any deliverable provided by an offeror prior to award or by the contractor after award which conforms to and exceeds the provisions of the contact. A betterment provided prior to award becomes binding upon award of the contract. After award, a betterment becomes a binding contract requirement upon acceptance by the Government of the document proposing the betterment, whether specifically identified as such or not.

b. Host Nation (HN). The country where the construction work is being performed.

c. Host Nation Language. The Official Language recognized by the national government of the country where the work is performed. If no Official Language has been designated, or where multiple Official Languages have been designated, it is the predominant language of the Government agency responsible for operation and maintenance of the facility or product constructed under this contract.

1.3 ORDER OF PRECEDENCE

In the event of conflict or inconsistency between any of the provisions of this contract, precedence shall be given in the following order:

(1) Clause 52.236-21 Specifications and Drawings (Alt I)

(2) Any portion of a contractor provided deliverable (including, but not limited to, plans, specifications, engineering studies and analyses, shop drawings, equipment installation drawings) that both conforms to or exceeds the provisions of the contract (Betterments). All deliverables must conform to all provisions of the contract, in the order of precedence herein.

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

(4) Contract Sections starting with "00", including these Special Conditions

DOCUMENT 00 74 00 Page 2

(5) Section 01 00 00, including Section 01 10 10 Statement of Work (Summary of Work or Scope of Work)

(6) All Other Specification Sections

(7) Special Requirements (SRs) or Special Technical Requirements (STRs)

(8) Referenced Technical Standards (such as NFPA, UFC, ASTM, DIN)

(9) Referenced Design Guides or other non-technical standards

(10) Drawings

(11) All other technical attachments to the contract, including Host Nation Technical Requirements, Standards, and References.

Amendments 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 Technical Requirements.

Design and product requirements, including criteria are minimum requisites.

In case of conflicting requirements within documents of the same order of precedence, the more stringent criteria governs. A conflict does NOT exist when both requirements can be met; in these instances the contractor shall comply with both requirements.

1.4 DOCUMENTS IN MULTIPLE LANGUAGES

If this contract includes documents in English and additional languages, the English language version shall govern over all other languages. In the event contract documents contain translations into non-English languages, the translation is provided solely for convenience.

For all purposes, the English language version shall be the governing instrument and understanding of the parties. In the event of any conflict between the English language version and any translation into any other language, the English language version shall govern and control.

1.5 COMMUNICATION IN ENGLISH

1.5.1 English Speaking Representative

All personnel required to communicate with the government on a recurring basis, including but not limited to Project Managers, Site Safety and Health Officers (SSHO), Superintendents, and Quality Control personnel shall be capable of explaining the work operations and receiving instructions in the English language whenever work is ongoing. This includes the ability to speak, read, write, and understand the directions of the Contracting Officer or their designated representatives when conducted in English.

1.5.2 Correspondence And Documentation

In addition to clause 252.225-7041, it shall be the responsibility of the Contractor to prepare all documents related to this contract, to include, change proposals, shop drawings, submittals, quality control reports, computations, and all correspondence, in the English language or with a

DOCUMENT 00 74 00 Page 3 translation of the original document into English.

1.5.3 Translations for Disputes

All documents originally produced in a language other than English submitted either as (a) part of a Request for Equitable Adjustment (REA),

(b) part of a claim under the Disputes clause or (c) as part of litigation, including actions at the ASBCA or actions in U.S. courts, shall be translated into English by a person who is recognized in accordance with the appropriate authorities to produce official/certified translations, and said translations shall be so certified.

This requirement applies to any document that would normally be considered to be within the scope of discovery in an ASBCA or court proceeding concerning the dispute. The term 'documents' includes electronic documents including but not limited to e-mail and includes documents generated by subcontractors or suppliers. In the event a dispute results in litigation, including actions at the ASBCA or actions in U.S. courts, the contractor will be responsible for providing translations of any documents that are within the scope of a discovery request filed by the U.S. Government and for providing certified translations upon request by the U.S. Government.

The contractor shall bear sole responsibility for any costs associated with translation, as well as with any errors, omissions, or discrepancies between the original and English version of a document. In the event of any difference between the English version and any other version in any language, the English version shall govern.

1.5.4 Additional Language Requirements

When any worker on site at any level (contractor, subcontractor, supplier, etc.) cannot communicate in English or a language spoken by the Contractor's key personnel, the contractor shall ensure that, at all times that person is on site, at least one person is present who can communicate to that worker in their native language. Failure to comply with this requirement will be considered a life-safety issue.

1.5.5 Language Fluency

Personnel required to communicate with the Government should be competent in the English language at a minimum level B2 of the Common European Framework of Reference for Languages: Learning, Teaching, Assessment.

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.

1.6 PERMITS

1.6.1 General Requirements

All documents required to be prepared in accordance with this paragraph (and sub-paragraphs) shall be prepared by the Contractor in the language(s) required by the HN. An English language translation prepared by a person with the appropriate qualifications shall be provided to the Contracting Officer concurrently. Submission of documentation shall be in accordance with HN requirements; either directly to the appropriate HN authority or through the Contracting Officer when the contractor is not permitted to

DOCUMENT 00 74 00 Page 4 provide the documents directly.

When U. S. Government signature is required, the Contractor shall obtain approval and signatures as needed for HN permitting and notification process from the COR. The contractor shall provide the required documentation sufficiently in advance of the date any approval or permit is required. The contractor is solely responsible for determining the amount of time the HN authorities will require to review and process the documentation. No additional time will be granted for delayed approval or rejection of contractor prepared documents.

A copy of all Approved Permits shall be furnished to the COR prior to the start of construction work.

1.6.2 Permits and Notifications

The contractor shall obtain all permits not required to be requested or obtained by the U.S. Government in accordance with FAR 52.236-7, Permits and Responsibilities. As incorporated herein, the requirements of FAR clause 52.236-7 extend to licenses, permits, and compliance with applicable Host Nation (HN) and local laws, codes, and regulations in connection with the prosecution of the work. The contractor is responsible for identifying and providing a comprehensive List of Required HN Permits.

Where the U.S. Government is required to obtain permits in accordance with Host Nation (HN) agreements, the Government will notify the contractor and the contractor shall prepare all necessary documentation. This includes providing documentation to show compliance with permit requirements.

1.6.3 Final Acceptance

Where final acceptance by the HN is required, the Contractor will coordinate with the HN Government, in conjunction with the U.S. Government, to determine the requirements for proper final inspection by the HN and provide any information required for proper final acceptance. The contractor shall incorporate the requirements for final acceptance into the design and construction of the project.

1.7 THIRD PARTY INSPECTION REQUIREMENTS

If, as a condition of any permit or to comply with HN laws, codes, and regulations, inspections by third parties are required, the contractor shall be responsible for ensuring those inspections are conducted and documented. The contractor shall be solely responsible for any and all costs associated with these inspections, including the actual inspection and any additional work or rework identified as part of the inspection process, to include the replacement of any materials or equipment determined to be not in compliance by the inspector.

No adjustment in the contract price or duration will be made based on events arising from these inspections, unless a delay occurs which is completely beyond the control and without the fault of the contractor, in which case an adjustment in the contract duration may be made under the DEFAULTS clause of the contract. No adjustment in price will be made should this occur. The contractor is solely responsible for identifying the period(s) of delay and substantiating an impact to the completion date.

These requirements are in addition to and separate from any requirements for Third Party Inspection Services identified in Section 01 10 00

DOCUMENT 00 74 00 Page 5

Statement of Work.

1.8 CONTRACTOR WORKFORCE

1.8.1 Foreign Employees

The contractor may arrange, through the appropriate Host Nation Government (HN) 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.

Contractors shall be responsible for timely and complete submittal of the necessary information and forms directly to the appropriate HN 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 HN agency. Offerors are advised that the HN 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 U.S. Government does not have influence over the TCN issue and does not warrant the availability of TCN labor. The Contractor is cautioned to review any additional information specified elsewhere in this contract for more stringent requirements or specific restrictions or limitations on the use of foreign workers.

1.9 CONTRACTOR OBLIGATION

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

1.10 SUBMITTALS

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

submittals not having a "G" designation are for Contractor Quality Control approval. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government.

Submit the following in accordance with Section 01 33 00 SUBMITTAL

PROCEDURES:

SD-01 Preconstruction Submittals

List of Required HN Permits; D Permits And Notifications Approved Permits

SD-11 Closeout Submittals

Final Acceptance

PART 2 PRODUCTS

Not Used.

DOCUMENT 00 74 00 Page 6

PART 3 EXECUTION

3.1 SITE ACCESS

3.1.1 General Access Requirements

The Contractor shall be responsible for obtaining access and adhering to all guidelines established by the local authorities for access to the work site and will be responsible for the daily access of their personnel and subcontractor workers.

The Contractor is cautioned to review any additional security guidelines specified elsewhere in this contract for more stringent requirements or specific access conditions.

3.1.2 Work on Military Installations (General)

When work is performed on a military installation, every employee of the prime contractor, all subcontractor employees, and all material suppliers' employees, who require access to the installation for any reason and for any length of time will be required to obtain an installation/base access pass.

Individuals who will be performing work onsite for five or more days in total - even if non-consecutively - shall apply for installation/base pass and may not be "signed in" or otherwise presented as a "visitor". Failure to comply with this requirement may result in the loss of sign-in privileges and/or loss of installation access.

3.1.3 Access to Operational Areas

Contractor personnel are expressly prohibited and shall be restricted from entering operational buildings or areas without the specific authorization of the Contracting Officer. To perform work, where "security escorts" are required for access to a facility, the Contractor shall coordinate with the Contracting Officer for access to such facilities.

3.2 CONTRACT EXECUTION IN THE HOST NATION

3.2.1 Prime Contractor Responsibility for Subcontractor Disputes

The Contractor agrees to indemnify and save harmless the United States Government against all claims and suits of whatsoever nature arising under or incidental to performance of this contract by any subcontractor against the United States Government.

The Contractor further agrees to waive his rights to bring suit or other legal action against the United States Government, except as provided in the "Disputes" clause of this contract and in the United States Federal Statutes.

3.2.2 Access to Areas Under Military Control

The laws of the Host Nation (HN) may prohibit access to certain areas of the country which are under military control. Clearances to access these areas must be obtained from the HN. It is understood that areas to which rights of entry are provided by the HN are to be used only for work carried out under the contract and no destruction or damages shall be caused, except through normal usage, without concurrence of the HN.

DOCUMENT 00 74 00 Page 7

3.2.3 Contractor Responsibility

The Contractor shall be responsible for providing the necessary information (such as but not limited to, names of personnel, type, and amounts of equipment, dates and length of time required at the site, and purpose of entering the HN) to the appropriate HN representatives, both civilian and military.

The following items are the sole responsibility of the Contractor to investigate, estimate as to cost, and assume the risk, as normally encountered by Contractors. The Contractor shall be responsible for determining the effect of the following on his own cost of performance of the contract and for including sufficient amount in the contract price:

a. Official language and type of accounts required to satisfy the officials of the Local Government.

b. Entry and exit visas, residence permits, and residence laws applicable to aliens. This includes any special requirements of the Host Government, including those required by local Labor Offices, which the Contractor may have to fulfill before an application for visas will be accepted.

c. Passports, health and immunization certificates, and quarantine clearance.

d. Compliance with local labor and insurance laws, including payment of employer's share of contribution, collecting balance from employee and paying into insurance funds.

e. Strikes, demonstrations and work stoppage.

f. Collection through withholding and payment to local Government, of any HN income tax on employees subject to tax.

g. Arranging to perform work in the HN, to import personnel, to employ non-indigenous labor, to receive payments and to remove such funds from the country.

h. Operating under local laws, practices, customs and controls, and with local unions, in connection with hiring and firing, mandatory wage scales, vacation pay, severance pay, overtime, holiday pay, days of rest or other non-work days, legal notice or pay in lieu thereof for dismissal of employees, slowdown and curtailed schedules during religious holidays, and ratio of local labor employed in comparison to others.

i. Possibility of claims in local bureaus, litigation in local courts, or attachment of local bank accounts.

j. Compliance with workmen's compensation laws and contributions into funds. Provisions of necessary medical service for Contractor employees.

k. Special license required by the local Government for setting up and operating any manufacturing plant in the HN, e.g. concrete batching, precast concrete, concrete blocks, etc.

l. Sales within the HN of Contractor-owned materials, and equipment.

DOCUMENT 00 74 00 Page 8

m. Special licenses for physicians, mechanics, tradesmen, drivers, etc.

n. Identification and/or registration with local police of imported personnel.

o. Stamp tax on documents, payments and payrolls.

p. Base passes for permanent staff, day laborers, motor vehicles, etc.

q. Compliance with all customs and import rules, regulations and restrictions, including, but not limited to, local purchase requirements.

3.2.4 Archaeological and Historical Sites

The contractor shall be aware of all archeological laws and work accordingly including stopping work in the vicinity and reporting should archeological items be uncovered during the course of this contract.

3.3 CONTRACTOR LIAISON AND COMMUNICATION WITH HOST GOVERNMENTS

All communication by the Contractor with all officials, representatives and/or offices of the Host Government (at any level) in all matters pertaining to the design or construction of this contract, shall be through and in full liaison with the Contracting Officer. This does not relinquish Contractor responsibility for obtaining routine items to conduct day-to-day business, such as visas, permits, and custom clearances.

The contractor is further reminded that only the Contracting Officer or their authorized representative may give the contractor direction in regards to contract interpretation. Only a Contracting Officer or Administrative Contracting Officer may modify the contract terms or conditions: directions received from Host Nation Government officials do not constitute direction to proceed in accordance with the Change clause and will not be considered a change to the contract without prior specific direction from the Contracting Officer.

3.4 RESTRICTIONS ON PAYMENT SUBMISSIONS

Reference is made to clause 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS. Due to financial cutoff periods, the Government will not accept any progress payments submitted between the last 5 work days of a given month and the first 3 work days of the following calendar month (second month). Invoices submitted during this time will not be considered "received" as described in the reference clause until the 4th working day of the second month.

-- End of Section --

DOCUMENT 00 74 00 Page 9

SECTION 00 74 02

TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (NAU)

03/19

PART 1 GENERAL

1.1 DETERMINATION OF UNUSUALLY SEVERE WEATHER

1.2 MINIMIZING WEATHER IMPACTS

1.3 INCORPORATION IN PROJECT SCHEDULE

1.4 WEATHER CONDITIONS AT THE PROJECT SITE(S)

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 REPORTING

3.2 OCCURRENCE OF ACTUAL DELAY

3.3 CALCULATION OF DELAY AND CONVERSION TO CALENDAR DAYS

3.4 ISSUANCE OF MODIFICATION

3.5 DELAYS OUTSIDE STANDARD WORK DAYS

DOCUMENT 00 74 02 Page 1

SECTION 00 74 02

TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (NAU)

03/19

PART 1 GENERAL

1.1 DETERMINATION OF UNUSUALLY SEVERE WEATHER

This specification prescribes the procedures to be used on this contract for determination of time extensions for "unusually severe weather" in accordance with the contract clause 52.249-10 "Default: (Fixed Price Construction)".

In order for the Contracting Officer to award a time extension for "unusually severe weather" under this clause, all of the following conditions must be satisfied:

a. The weather experienced at the project site during the contract period must exceed the weather which could reasonably be anticipated based on a minimum of 25 years of historical weather data.

b. The weather must actually cause a delay to the completion of the project or any specified contractual milestone beyond that which would reasonably be anticipated based on the contractors means and methods.

The delay must result from events which are beyond the control and without the fault or negligence of the Contractor.

c. The delay must occur during the contractual performance period.

1.2 MINIMIZING WEATHER IMPACTS

The contractor is responsible for identifying and implementing the means and methods to minimize the overall impact of weather during the contract period.

The means and methods and sequencing of work will impact the extent to which the work is sensitive to or may be impacted by the weather.

Separate payment will not be made for any costs associated with mitigating the impacts of weather.

1.3 INCORPORATION IN PROJECT SCHEDULE

The Contractor's progress schedule must reflect reasonably anticipatable weather in weather dependent activities. The Contractor shall be solely responsible for identifying anticipated weather days based on the activities scheduled during a given time period and the means and methods of executing the work.

Refer to Section 01 32 01 PROJECT SCHEDULE (NAU) for the procedures for incorporating these weather days into the schedule.

1.4 WEATHER CONDITIONS AT THE PROJECT SITE(S)

The Government makes no representation of the actual weather conditions to be expected at the site. No inference or conclusion shall be made

DOCUMENT 00 74 02 Page 2 regarding the actual weather conditions or the actual amount of weather delays based on any information included in the contract documents.

The Contractor shall, prior to submitting a proposal or offer, be solely responsible for determining the actual weather conditions prevalent at the project site or sites and accounting for this information in their proposal or offer.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

3.1 REPORTING

Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract performance period, the contractor will record on the CQC report the occurrence of weather and resultant impact to normally scheduled work. Impacted activities shall be identified by name and activity id on the CQC report.

When the use of RMS-CM (Section 01 45 01 RESIDENT MANAGEMENT SYSTEM - CONTRACTOR MODE) is required by the contract, weather shall be reported on the QC Report in RMS-CM and tracked therein.

3.2 OCCURRENCE OF ACTUAL DELAY

To be considered a day of actual weather delay, progress on critical path activities must be less than 50 percent of the progress scheduled to occur on that day, and the progress must be impacted due solely to the weather.

The delay must be recorded in accordance with paragraph 3.1: failure to provide this information at the time of the preparation of the CQC report will be considered an acknowledgement that no delay existed, however reporting on the CQC report will not automatically be considered concurrence by the Government that delay occurred and it was due solely to the weather.

Failure to make adequate preparations for weather or to adequately protect the work from reasonably anticipatable weather will not be considered an impact due solely to weather.

3.3 CALCULATION OF DELAY AND CONVERSION TO CALENDAR DAYS

Any adjustment in the contract period of performance resulting from unusually severe weather will be based upon the weather over a minimum period of six months.

The contractor shall be solely responsible for providing documentation to substantiate that the actual weather was "unusually severe" based on a minimum of 25 years of historical weather data, the critical path was impacted as a result, and the actual impact to the critical path could not have been prevented through reasonably prudent measures.

As part of this documentation, the contractor must substantiate the reasonableness of anticipated weather days included in the schedule as discussed in paragraph 1.3 INCORPORATION IN PROJECT SCHEDULE. Failure to substantiate the reasonableness of the anticipated weather days may result

DOCUMENT 00 74 02 Page 3 in a determination that the contractor failed to adequately plan and execute the work in a manner consistent with the requirements of the contract, making the delay within their control.

Additionally, the contractor shall provide a detailed listing of all weather days occurring from the Notice to Proceed through the date of the request and show a cumulative net impact to the performance period exceeding that which could be anticipated based on the aforementioned 25 years of historical weather data.

Any calculation performed within RMS-CM under the "Weather Delays" screens of the QA/QC Module shall not serve as the basis for determining the amount of adjustment required.

3.4 ISSUANCE OF MODIFICATION

If the contractor can substantiate an impact to the completion date of the project based on actual "unusually severe" weather as described herein, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the contract clause 52.249-10 entitled "Default (Fixed Price Construction)".

3.5 DELAYS OUTSIDE STANDARD WORK DAYS

Weather delays occurring prior to Notice to Proceed, during non-working days, and after the required completion date are not excusable under the Defaults clause.

When the contract performance period, or any extension thereof, has passed, no extensions for unusually severe weather will be granted. This applies as well to any interim milestone or completion date.

DOCUMENT 00 74 02 Page 4

SECTION 00 74 16

SUPPLEMENTAL CONDITIONS FOR PROJECTS IN TURKEY (NAU)

04/19

PART 1 GENERAL

1.1 REFERENCES

1.2 PAYMENT

1.3 SUBMITTALS

1.4 MILITARY INSTALLATION ACCESS PROCEDURES

1.4.1 Alteration of Procedures

1.4.2 U.S. Government Support

1.4.2.1 Limitation of U.S. Government Liability

1.4.3 Contractor Non-Compliance

1.4.4 Vehicle Access

1.5 MATERIALS AND EQUIPMENT

1.6 MATERIAL LISTS

1.6.1 Requirements

1.6.2 Material List Contents

1.6.2.1 List Number 1 (Imported Materials/Equipment)

1.6.2.2 List Number 2 (Temporarily Imported Materials/Equipment)

1.6.2.3 List Number 3 (Local Materials and Equipment)

1.6.2.4 Additional

1.6.3 Submittal Preparation

1.6.4 Quantities to Be Submitted

1.6.5 Assistance by the Government

1.6.6 Approval of Material List

1.7 HAZARDOUS MATERIALS/HAZMAT AUTHORIZATION FOR AIR FORCE PROJECTS

1.7.1 General

1.7.2 Procedure

1.7.3 Storage

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 DEMOLITION AND DISPOSAL

DOCUMENT 00 74 16 Page 1

SECTION 00 74 16

SUPPLEMENTAL CONDITIONS FOR PROJECTS IN TURKEY (NAU)

04/19

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 MILITARY INSTALLATION ACCESS PROCEDURES

Access to military installations is controlled by the various Armed Forces of Turkey and contractors must comply with the requirements for access established by the installation commanders. The US Government does not maintain control over the access procedures and does not warrant access for any individual or groups of individuals.

Base access and security procedures will vary between installations throughout Turkey. Each installation may have individual security and access procedures. Contractors are responsible for coordinating directly with the installation to identify the appropriate security and base access procedures and for complying with them. Granting access to military installations should be expected to take 90 calendar days from submission of all required documentation.

1.4.1 Alteration of Procedures

Base access and security requirements may be altered by the Turkish authorities at any time. The contractor shall have no recourse as to costs

DOCUMENT 00 74 16 Page 2 or time extensions for any delays resulting in changes to access and/or security requirements.

1.4.2 U.S. Government Support

1.4.2.1 Limitation of U.S. Government Liability

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

1.4.3 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 U.S. Government may determinate that the contractor is in default of the contract.

1.4.4 Vehicle Access

All vehicles requiring access to the installation, including delivery vehicles, shall be registered or otherwise approved for use on the installation, and display the appropriate installation access pass.

Vetting, prior submittal/notification, or pre-approval of vehicles may be required. The contractor is responsible for determining the appropriate processes in accordance with the security and access procedures referenced in Paragraph MILITARY INSTALLATION ACCESS PROCEDURES. The installation may require the use of escorts for vehicles or personnel who have not been previously vetted. The Contractor is solely responsible for providing all required escorts.

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 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 justification 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 Construction Notice to Proceed. Under no circumstances shall construction work which

DOCUMENT 00 74 16 Page 3 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.

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.

DOCUMENT 00 74 16 Page 4

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), Final (100% Design) Drawings and 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 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

DOCUMENT 00 74 16 Page 5

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 as the act of a Sovereign Nation under clause 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION). If this situation occurs, the contractor agrees that the Government may make an adjustment in the perfrmance period with no change in the contract price.

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.

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.

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e. Maintain a binder with all of the MSDS's 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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DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 30 00

GENERAL REQUIREMENTS (NAU)

03/19

PART 1 GENERAL

1.1 PURPOSE

1.2 DESIGN-BUILD LANGUAGE

1.3 SUBMITTALS

1.4 DEFINITIONS

1.5 NO WAIVER BY GOVERNMENT

1.6 PROPRIETARY NAMES

1.7 PUBLIC RELEASE OF INFORMATION

1.7.1 Prohibition

1.7.2 Subcontracts and Purchase Orders

1.8 PERSONNEL AND SUBCONTRACTORS

1.8.1 Removal for Non-Compliance

1.8.2 Substitution and Replacement

1.8.3 Qualifications

1.8.4 Employment

1.9 REFERENCES

1.10 REFERENCED STANDARDS

1.10.1 Version and Date of Standard

1.10.2 Host Nation Standards

1.11 PRECONSTRUCTION CONFERENCE

1.12 PARTNERING

1.12.1 Informal Partnering

1.12.2 Formal Partnering

1.13 ELECTRONIC MAIL (E-MAIL) ADDRESS

1.14 ELECTRONIC CORRESPONDENCE

1.15 HOURS OF WORK

1.15.1 Normal Work Hours

1.15.2 Work Outside of Normal Hours

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 PHOTOGRAPHIC DOCUMENTATION

3.2 MOBILIZATION PLAN

3.3 PROJECT SIGN

3.4 TRAFFIC CONTROL

3.4.1 Haul Routes

3.4.2 Road Closures

3.5 CONTRACTOR SITE FACILITIES

3.5.1 Contractor Offices

3.5.1.1 Site Facilities - Other Than JOC Projects

3.5.1.2 Site Facilities - JOC Projects

3.5.2 Construction Fence/Screening

3.5.3 Maintenance of Construction Site

3.5.4 Storage Areas

SECTION 01 30 00 Page 1

3.5.5 Physical Security

3.5.6 Washing of Vehicles

3.5.7 Restoration of Construction Site

3.6 ENVIRONMENTAL PROTECTION

3.6.1 Environmental Protection Plan

3.6.2 Protection of Land Resources

3.6.3 Protection of Water Resources

3.6.4 Dust Control

3.7 EXCLUSIONS

3.7.1 Prohibited Materials

3.7.2 Hazardous Materials

3.7.3 Explosive Materials

3.7.4 Burning

3.8 PROTECTIVE MEASURES

3.9 UTILITY OUTAGES

3.10 TEMPORARY UTILITIES

3.11 EXCAVATION

3.11.1 Permission to Excavate

3.11.2 Utility Locations

3.11.3 Utility Location Verification

3.11.4 Weather Protection

3.12 UNEXPLODED ORDNANCE

3.13 DISPOSITION OF MATERIALS

3.13.1 Turn-In Salvage Materials

3.13.2 Title to Materials

SECTION 01 30 00 Page 2

SECTION 01 30 00

GENERAL REQUIREMENTS (NAU)

03/19

PART 1 GENERAL

1.1 PURPOSE

This specification provides general requirements which the contractor shall follow during the execution of the work. As they are general in nature, specific requirements identified in any other portions of the contract, including in other Division 01 specifications, shall take precedence in the event of a conflict. In this context, a conflict exists only when both requirements cannot be met; if both can be met there is no conflict and the contractor shall comply with both requirements.

1.2 DESIGN-BUILD LANGUAGE

References in the Division 00 and 01 specifications to "design" are not applicable to design-bid-build projects and to all Job Order Contract (JOC). Nothing in the aforementioned specifications shall be interpreted to require design effort unless required by other contract documents.

Where the contract documents refer to contractor prepared designs, these requirements apply.

Notwithstanding the above, design related activities, including extensions of design and shop drawings, required to perform the work and comply with other technical requirements are considered part of this contract and shall be included in the contractors pricing without separate or additional payment.

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. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government.

Submit the following in accordance with Section 01 33 00 SUBMITTAL

PROCEDURES:

SD-01 Preconstruction Submittals

Pre-construction photos;

Mobilization Plan; G Environmental Protection Plan; G Traffic Control Plan; G Construction Fence/Screening; G

1.4 DEFINITIONS

The following definitions apply to terms as used in the sections identified above in paragraph 1.1. These definitions shall not change or infer a meaning in any other document made part of this contract either directly or via reference.

Fugitive Dust. Solid particles generated by the forces of wind or

SECTION 01 30 00 Page 3 machinery acting upon materials exposed as a result of the contractors operations

Installation. The entity considered to be the legal owner or authorized user of the location of the construction work.

Project. A "Project" is a single task or delivery order under an Indefinite Delivery, Indefinite Quantity award, including Job Order Contracts (JOC's) and Multiple Award Task Order Contracts (MATOCs). For all other contracts, it refers to a single contract award.

Superintendent. The highest level manager responsible for the overall construction activities on a project, including quality and production. The Superintendent maintains a physical presence at the site at all times work is being performed and is responsible for all construction and related activities at the site, except as otherwise acceptable to the Contracting Officer.

Site. The location where construction work physically occurs. On a single project, when construction work occurs at more than one location, and the locations are geographically separated by more than 5 kilometers (as measured via travel distance), they are considered separate sites.

1.5 NO WAIVER BY GOVERNMENT

The failure of the Government, in any one or more instances, to insist upon the strict performance of any of the terms of this Contract or to exercise any option herein conferred shall not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon such terms or option on any future occasion.

1.6 PROPRIETARY NAMES

Unless specifically identified in the contract as a Sole Source Item, manufacturer's proprietary names indicated for colors, textures and patterns of materials are for the purpose of color, texture and pattern selection only. Other materials are acceptable provided they closely approximate colors, textures and patterns indicated. Any substitutions must conform to all other requirements and must be approved by the Contracting Officer

1.7 PUBLIC RELEASE OF INFORMATION

1.7.1 Prohibition

There shall be no public release of information, documents, or photographs concerning any aspect of the materials or services relating to this project without the prior written approval of the Contracting Officer.

1.7.2 Subcontracts and Purchase Orders

The Contractor agrees to insert the substance of above paragraph "Prohibition" in each subcontract and purchase order generated for this contract.

SECTION 01 30 00 Page 4

1.8 PERSONNEL AND SUBCONTRACTORS

1.8.1 Removal for Non-Compliance

All Quality Control, Safety, Superintendents, and contractor/subcontractor personnel are subject to dismissal and removal at any time based on the sole discretion of the Contracting Officer for non-compliance with the contract requirements.

Furthermore, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to such stop orders is acceptable as the subject of claim for extension of time for excess costs or damages by the Contractor.

1.8.2 Substitution and Replacement

Any in-house personnel,…