B.08.01_ATTACH_1_-_SPECS_BINDER.pdf

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 74 00

SPECIAL CONDITIONS

08/18

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 AND RESPONSIBILITIES

1.6.1 Design-Build Projects Located in Germany

1.6.1.1 Art. 30 ABG 75 Permits

1.6.1.2 ABG 7B Documentation

1.6.2 Design-Build Projects in All Countries Other than Germany

1.6.2.1 Permits and Notifications

1.6.2.2 Final Acceptance

1.7 CONTRACTOR WORKFORCE

1.7.1 Foreign Employees

1.8 CONTRACTOR OBLIGATION

1.9 SUBMITTALS

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 SITE ACCESS

3.1.1 General Access Requirements

3.1.2 Work on Military Installations

3.1.3 Access to Operational Areas

3.2 COMPLIANCE WITH HOST NATION RULES AND CUSTOMS

3.2.1 Access to Areas Under Military Control

3.2.2 Contractor Responsibility

3.2.3 Archaeological and Historical Sites

3.3 CONTRACTOR LIAISON AND COMMUNICATION WITH HOST GOVERNMENTS

-- End of Section Table of Contents --

DOCUMENT 00 74 00 Page 1

SECTION 00 74 00

SPECIAL CONDITIONS

08/18

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. Host Nation. The country where the construction work is being performed.

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

(3) 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.

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

(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 or Special Technical Requirements

DOCUMENT 00 74 00 Page 2

(8) Referenced Standards

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

(10) Referenced Drawings

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

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

Design and product requirements, including criteria are minimum requisites.

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

The English language version of any document shall govern over any version produced in 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 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 part of a claim under the Disputes clause or as part of

DOCUMENT 00 74 00 Page 3 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 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, including, but not limited to, those identified below.

All documents identified in this paragraph (and sub-paragraphs) shall be prepared by the Contractor in HN and English languages and submitted to the Contracting Officer.

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

DOCUMENT 00 74 00 Page 4 all Approved Permits shall be furnished to the COR prior to the start of construction work.

1.6.1 Design-Build Projects Located in Germany

1.6.1.1 Art. 30 ABG 75 Permits

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.

Where the U.S. Government is required to obtain permits in accordance with Art. 30 of the ABG 1975, the Government will notify the contractor and the contractor shall prepare all necessary documentation. This includes providing documentation to show compliance with permit requirements.

1.6.1.2 ABG 7B Documentation

After award of the contract the Contractor will coordinate with the German Government, in conjunction with the U.S. Government , the requirements for proper final inspection by the German Government (ABG 7B) and provide any information required for the ABG 7B.

1.6.2 Design-Build Projects in All Countries Other than Germany

1.6.2.1 Permits and Notifications

The contractor shall obtain all permits not required to be requested by the Government in accordance with FAR 52.236-7, Permits and Responsibilities.

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.

1.6.2.2 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 CONTRACTOR WORKFORCE

1.7.1 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.

DOCUMENT 00 74 00 Page 5

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.

1.8 CONTRACTOR OBLIGATION

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

1.9 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

Art. 30 ABG 75 Permits; G List of Required HN Permits; D Permits And Notifications Approved Permits

SD-11 Closeout Submittals

ABG 7 Documentation Final Acceptance

PART 2 PRODUCTS

Not Used.

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

DOCUMENT 00 74 00 Page 6 specified elsewhere in this contract for more stringent requirements or specific access conditions.

3.1.2 Work on Military Installations

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 COMPLIANCE WITH HOST NATION RULES AND CUSTOMS

3.2.1 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.

3.2.2 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.

DOCUMENT 00 74 00 Page 7

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.

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.

3.2.3 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

DOCUMENT 00 74 00 Page 8 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.

-- End of Section --

DOCUMENT 00 74 00 Page 9

SECTION 00 74 01

TIME EXTENSIONS FOR ADVERSE WEATHER (NAU)

03/18

PART 1 GENERAL

1.1 DETERMINATION OF ADVERSE WEATHER

1.2 BASELINE ADVERSE WEATHER DAYS

1.2.1 Baseline Weather Delay Days

1.2.2 Adjustment for Other Than 5 Day Work Week

1.2.3 Incorporation in Project Schedule

1.3 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 ACTUAL DELAY AND CONVERSION TO CALENDAR DAYS

3.4 ISSUANCE OF MODIFICATION

3.5 DELAYS BEYOND REQUIRED COMPLETION DATE

DOCUMENT 00 74 01 Page 1

SECTION 00 74 01

TIME EXTENSIONS FOR ADVERSE WEATHER (NAU)

03/18

PART 1 GENERAL

1.1 DETERMINATION OF ADVERSE WEATHER

This provision specifies the procedure for determination of time extensions for adverse 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 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 baseline weather identified below during any given month.

b. The weather must actually cause a delay to the completion of the project or any specified contractual milestone. The delay must be beyond the control and without the fault or negligence of the Contractor.

c. The delay must occur during the contractual performance period. Weather delays occurring after the required completion date, prior to Notice to Proceed, or during other non-working days are not excusable under the Defaults clause.

1.2 BASELINE ADVERSE WEATHER DAYS

1.2.1 Baseline Weather Delay Days

The following schedule of monthly adverse weather delays will constitute the baseline for monthly weather time evaluations.

BASELINE ADVERSE WEATHER DELAY WORK DAYS

BASED ON A FIVE (5) DAY WORK WEEK

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

Projects Located in Africa

0 0 0 0 0 0 0 0 0 0 0 0

Projects Located in Israel

5 5 4 1 0 0 0 0 0 1 3 5

All Other Locations

8 6 7 6 5 5 5 4 4 6 7 8

1.2.2 Adjustment for Other Than 5 Day Work Week

Monthly baseline adverse weather delays shall be adjusted proportionately

DOCUMENT 00 74 01 Page 2 when the actual work week be based on more or less than 5 work days (i.e.

if a 6 day work week, the baseline adverse weather delay work days for a month would be adjusted by multiplying the number shown above by 6/5). Any fractional amount will be rounded to the nearest whole number (e.g. 4.1 will round to 4 and 4.6 will round to 5).

1.2.3 Incorporation in Project Schedule

The Contractor's progress schedule must reflect these baseline adverse weather delays in all weather dependent activities. Refer to Section 01 32 01PROJECT SCHEDULE (NAU) or Section 01 32 16 SMALL PROJECT PROJECT SCHEDULES (NAU) for the procedures for incorporating the baseline adverse weather days into the schedule.

1.3 WEATHER CONDITIONS AT THE PROJECT SITE(S)

The Baseline Adverse Weather Delay Work Days identified above are an administrative baseline only and do not represent the actual weather conditions to be expected at the site. No inference or conclusion shall be made regarding the actual weather conditions or the actual amount of weather delays to be anticipated based on this baseline.

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 adverse 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, adverse weather days 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 adverse weather.

3.3 CALCULATION OF ACTUAL DELAY AND CONVERSION TO CALENDAR DAYS

The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. Any fractional amount will be rounded to the next whole number (e.g. 4.1 will round to 5).

DOCUMENT 00 74 01 Page 3

This calculation is performed automatically within RMS-CM under the "Weather Delays" screens of the QA/QC Module, and shall serve as the basis for the calculation when RMS-CM is required by contract.

3.4 ISSUANCE OF MODIFICATION

If the number of actual adverse weather delay days exceeds the number of days identified in paragraph 1.2, above, 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)".

Modifications will normally be issued no more than quarterly (once every three months) when actual weather delays exceed the baseline and will identify, by month, the applicable time extension. When the actual weather delays do not exceed the baseline for all months in a quarter, no modification will be issued but will be included in the next quarterly weather modification.

3.5 DELAYS BEYOND REQUIRED COMPLETION DATE

When the contract performance period, or any extension thereof, has passed, no extensions for unusually severe weather will be granted.

DOCUMENT 00 74 01 Page 4

SECTION 00 74 19

SUPPLEMENTAL CONDITIONS FOR PROJECTS IN POLAND (NAU)

06/18

PART 1 GENERAL

1.1 CONTRACTOR PERSONNEL IN POLAND

1.1.1 Visas and Required Documentation

1.1.2 U.S. Government Support

1.2 MILITARY INSTALLATION ACCESS PROCEDURES

1.2.1 Alteration of Procedures

1.2.2 U.S. Government Support

1.2.2.1 Limitation of U.S. Government Liability

1.2.2.2 Assistance by the U.S. Government

1.2.3 Contractor Non-Compliance

1.2.4 Vehicle Access

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 CONTRACTOR NOTIFICATION PROCEDURES

3.2 PERSONNEL ACCESS REQUIREMENTS

3.2.1 General

3.2.2 Minimum Processing Period

3.3 VALUE-ADDED TAX (VAT) PROCEDURES

3.3.1 VAT Exemption at Time of Sale

3.3.2 VAT Reimbursement After Time of Sale

3.3.3 Return of Goods

DOCUMENT 00 74 19 Page 1

SECTION 00 74 19

SUPPLEMENTAL CONDITIONS FOR PROJECTS IN POLAND (NAU)

06/18

PART 1 GENERAL

1.1 CONTRACTOR PERSONNEL IN POLAND

In addition to paragraph CONTRACTOR WORKFORCE in Section 00 74 00 SPECIAL CONDITIONS, the contractor shall comply with the following.

1.1.1 Visas and Required Documentation

The entry, stay and exit of contractors, contractor employees and their dependents who are not citizens of the Republic of Poland is regulated by the laws of the Republic of Poland. This may require contractor personnel to apply for and obtain temporary or long stay visas from the Republic of Poland.

Approval of visas may require written documentation substantiating the personnel are employed solely on this contract, possess medical coverage at certain minimum amounts, and have sufficient financial resources to cover all of their expected expenses, to include return to their home country.

1.1.2 U.S. Government Support

If so requested, the U.S. Government will issue letters confirming the contractual relationship if necessary to facilitate contractor personnel obtaining appropriate visas. The U.S. Government will have 14 calendar days to process the request and provide the letter to the contractor.

However, the U.S. Government is not liable or responsible for granting visas to contractor personnel, nor shall it be responsible for coordination of the issuance of visas with Polish authorities.

1.2 MILITARY INSTALLATION ACCESS PROCEDURES

Access to military installations is controlled by the various Armed Forces of Poland 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 Poland. Each installation will 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.

1.2.1 Alteration of Procedures

Base access and security requirements may be altered by the Polish authorities at any time. The contractor shall have no recourse as to costs or time extensions for any delays resulting in changes to access and/or security requirements.

DOCUMENT 00 74 19 Page 2

1.2.2 U.S. Government Support

1.2.2.1 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.

1.2.2.2 Assistance by the U.S. Government

When requested by the contractor, the U.S. Government may assist the contractor in obtaining access by providing a letter of introduction or other similar document to meet the requirements of the installation commander which will identify the contractor’s personnel or vehicles as being employed on the project site and requiring access.

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

The U.S. Government shall not warrant or otherwise provide good conduct certifications or other verifications of the background or suitability of the contractor's personnel.

1.2.3 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.

1.2.4 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.

PART 2 PRODUCTS

Not used.

PART 3 EXECUTION

3.1 CONTRACTOR NOTIFICATION PROCEDURES

Following contract award, the U.S. Government will provide notification of award to the Host Nation utilizing the NOTIFICATION OF AN AWARD OF CONTRACT TO A UNITED STATES CONTRACTOR form in Attachment 1. The contractor will be

DOCUMENT 00 74 19 Page 3 responsible for completing this form and providing it to the U.S.

Government for submission to the Host Nation within 14 calendar days of award.

Following contract award the Contractor shall also complete the UNITED STATES CONTRACTOR AND UNITED STATES CONTRACTOR EMPLOYEES CERTIFICATION form provided in Attachment 2. The contractor is responsible for submitting the completed form to both U.S. Government and the Host Nation.

These forms require the contractor to identify all subcontractors and contractor employees who will enter Poland for work on this project. This information may also be provided as an attachment to the form when submitted.

3.2 PERSONNEL ACCESS REQUIREMENTS

3.2.1 General

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

Personnel should expect to undergo a vetting process prior to obtaining installation access. As part of the vetting process, personnel must expect and be willing to provide provide personally identifiable information to the Polish authorities prior to obtaining access to the installation. Such information includes, but is not limited to, name, identification number, place of birth, date of birth, and nationality.

3.2.2 Minimum Processing Period

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

3.3 VALUE-ADDED TAX (VAT) PROCEDURES

Contractors are advised that they are solely responsible for obtaining either VAT exemptions or reimbursements. The U.S. Government will assist with the VAT procedures to the extent feasible. However, the contractor retains responsibility for completing the proper procedures with the Republic of Poland. There will be no reimbursement if the process takes longer than anticipated or requires the contractor to incur additional costs associated with pursuing an exemption/reimbursement (i.e.

coordination visits, tax consultants, accountants etc.).

3.3.1 VAT Exemption at Time of Sale

The exemption from taxes applicable to goods and services acquired during execution of this contract and on behalf of the United States forces shall be applied at the time of sale if the transaction is confirmed by a VAT Certificate (Certificate) issued by United States Forces and presented to the supplier of goods and services

The contractor shall complete a "VAT and EXCISE DUTY EXEMPTION CERTIFICATE" as follows:

DOCUMENT 00 74 19 Page 4

a. The contractor shall fill out the appropriate boxes of the Certificate.

b. An authorized representative of United States forces completes and sign the Certificate in two duplicate copies.

c. The contractor shall coordinate directly with the Polish HN authorities and ensure that an authorized representative of the Minister of National Defence of the Republic of Poland completes the appropriate boxes of the Certificate, or issues a single authentication for the contract. In the latter case, a copy of the authentication shall be attached to the Certificate.

d. Any unused fields on the Certificate should be crossed out.

3.3.2 VAT Reimbursement After Time of Sale

Where exemption from taxes is not provided at the time of sale, the contractor may seek a reimbursement from the competent tax authority of the Republic of Poland ("tax authority").

To request reimbursement the contractor should request such reimbursement on a quarterly basis by the 25th day of the month following the quarter concerned. The request for reimbursement shall include the requestor's name, a statement of the amount to be reimbursed, and a bank account number into which reimbursement is to be paid. The request shall be accompanied by:

a. The list of goods and services acquired for United States Forces.

b. The invoices received in a given quarter for the goods or services acquired for purposes of calculating the amount of reimbursement. If the contractor is not able to provide invoices, the contractor may not be entitled to reimbursement.

c. A copy of the contract and/or a certification by an authorized representative of the United States.

3.3.3 Return of Goods

If goods are returned to a supplier and the reimbursement for Taxes on such goods has been paid, the contractor shall refund the tax authority by reducing the next request for reimbursement by the amount refunded; or where the relevant contractor does not apply for reimbursement for the next period, the contractor shall refund it by payment to the bank account of the tax authority within six (6) months from the date that such goods were returned to the supplier.

DOCUMENT 00 74 19 Page 5

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 30 00

GENERAL REQUIREMENTS (NAU)

06/18

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 PUBLIC RELEASE OF INFORMATION

1.6.1 Prohibition

1.6.2 Subcontracts and Purchase Orders

1.7 PERSONNEL AND SUBCONTRACTORS

1.7.1 Removal for Non-Compliance

1.7.2 Substitution and Replacement

1.7.3 Qualifications

1.7.4 Employment

1.8 REFERENCES

1.9 REFERENCED STANDARDS

1.9.1 Version and Date of Standard

1.9.2 Host Nation Standards

1.10 PRECONSTRUCTION CONFERENCE

1.11 PARTNERING

1.11.1 Informal Partnering

1.11.2 Formal Partnering

1.12 ELECTRONIC MAIL (E-MAIL) ADDRESS

1.13 ELECTRONIC CORRESPONDENCE

1.14 HOURS OF WORK

1.14.1 Normal Work Hours

1.14.2 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

3.5.5 Physical Security

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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 DISPOSITION OF MATERIALS

3.12.1 Turn-In Salvage Materials

3.12.2 Title to Materials

3.13 PROPRIETARY NAMES

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SECTION 01 30 00

GENERAL REQUIREMENTS (NAU)

06/18

PART 1 GENERAL

1.1 PURPOSE

This specification is intended to be read in coordination with the following Division 01 specifications:

01 32 01 PROJECT SCHEDULE or 01 32 16 SMALL PROJECT CONSTRUCTION PROGRESS SCHEDULES which establish the requirements for Project Schedules. Only one of these specifications are part of the contract: refer to the contract documents to determine the applicable section.

01 33 00 SUBMITTAL PROCEDURES which require the contractor to develop a submittal register and provide transmittals to the Government using the procedures defined therein.

01 35 26 SAFETY REQUIREMENTS which require the contractor to develop written procedures and implement a Safety Program for work performed under this contract.

01 45 00 QUALITY CONTROL (QC) which requires the contractor to develop written procedures and implement a system to monitor and ensure conformance of their work with the contract requirements. This specification establishes the minimum requirements necessary to comply with FAR 52.246-12 Inspection of Construction which is incorporated by reference.

01 45 01 RESIDENT MANAGEMENT SYSTEM - CONTRACTOR MODE (RMS-CM). This specification requires the use of RMS-CM for the implementation of many aspects of the contractors Quality Control program and for communication with the Government.

01 45 05 CONTRACTOR SITE PERSONNEL REQUIREMENTS or, for Job Order Contracts (JOCs), 01 45 06 JOB ORDER CONTRACT (JOC) CONTRACTOR SITE PERSONNEL REQUIREMENTS. Section 01 45 06 is applicable only to JOC's, for all other contracts 01 45 05 applies. This specification identifies the minimum personnel required to be provided by the contractor to implement the Quality Control requirements of Section 01 45 00 and the Safety Requirements of Section 01 35 26.

This specification provides general requirements which the contractor shall follow during the execution of the work. As they are general in nature, any specific requirements identified in other portions of the contract, regardless of location, shall be considered to 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.

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1.2 DESIGN-BUILD LANGUAGE

The specifications identified in paragraph PURPOSE have been developed for both design-build and design-bid-build projects. References in these 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.

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 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.

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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 PUBLIC RELEASE OF INFORMATION

1.6.1 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.

1.6.2 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.

1.7 PERSONNEL AND SUBCONTRACTORS

1.7.1 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.

1.7.2 Substitution and Replacement

Any in-house personnel, subcontractors, and outside associates or consultants identified in the Contractor’s proposal shall not be replaced or changed without the Contracting Officer's prior written consent.

1.7.3 Qualifications

When qualifications require experience or “related experience”, the experience must be on projects of the same type and nature as the work identified in the project scope of work, and be on contracts with the government of the United States of America, either with the US Army Corps of Engineers or Department of Defense agencies. References and experience must be sufficiently detailed to allow for verification of experience. The Contracting Officer shall have final authority on determining the relevance of any experience submitted.

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1.7.4 Employment

Should the continued employment of any person in connection with this contract, or any subcontract hereunder, be deemed by the Contracting Officer to be prejudicial to the interests of the Government, that person shall immediately be removed from the work site. In this connection the Contractor agrees that:

a. Cases which may involve disciplinary action against such persons, or the necessity of reassignment or termination of their services, shall be investigated, processed, reported and disposed of, as directed by the Contracting Officer.

b. Employment contracts of all persons employed in connection with this contract or any subcontract hereunder shall include clauses containing the substance of this section.

1.8 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. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2014) Safety and Health Requirements Manual

1.9 REFERENCED STANDARDS

1.9.1 Version and Date of Standard

The contract documents make various references to Host Nation and US standards, including Unified Facilities Criteria (UFC) and design guides.

When a specific version (e.g. "UFC x-xxx-xx, with Change yy") or date is identified in the reference, that specific version of the reference will apply. Where no date or version is specified, the version applicable to the contract shall be the earlier of either:

1. The date of the initial Request for Proposal (RFP) or solicitation for the project. For a MATOC, JOC, or other delivery order type contract, the RFP date refers to the date indicated on the RFP letter for the task order.

2. The date identified on the title page of Section 01 10 10 Statement of Work.

Generic language, such as "the most recent version" or "the most current version" shall be interpreted as indicated above.

1.9.2 Host Nation Standards

Where reference is made in the contract to Host Nation Standards, including, but not limited to those issued by the Deutsches Institut für Normung e.V. (DIN; in English, the German Institute for Standardization) and The European Committee for Standardization or Comité Européen de Normalisation (CEN) (EN Standards), whether such standards are incorporated into the contract in full text or by reference, the standard applies only

SECTION 01 30 00 Page 6 to establish a technical standard or level of performance or quality and does not create substantive rights under the contract.

All costs required to comply with these standards shall be included in the bid price, including the performance of any additional work, such as “associated” and “special” tasks. Notwithstanding any language in any standard, the requirement to provide any necessary material, item of equipment or work, rests with the contractor unless another contract provision clearly states that such will be government furnished.

When referenced standards within the same Order of Preference are in conflict with each other (such as when a US Standard conflicts with a European or Host Nation standard within the same specification section), Host Nation Standard shall govern unless otherwise specified within the contract documents. A conflict does not exist when standards require separate methods or performance and both are achievable. In these situations, the contractor shall comply with both standards.

1.10 PRECONSTRUCTION CONFERENCE

After award of the contract but prior to commencement of any work at the site, meet with the Contracting Officer to discuss and develop a mutual understanding relative to the administration of the contract, including quality and safety programs, preparation of the schedule of prices or earned value report, shop drawings, and other submittals, scheduling programming, prosecution of the work, and clear expectations of the "Interim DD Form 1354" Submittal. Major subcontractors who will engage in the work must also attend.

1.11 PARTNERING

To most effectively accomplish this contract, the Government requires the formation of a cohesive partnership within the Project Team whose members are from the Government, the Contractor and their Subcontractors. Key personnel from the Supported Command, the End User (who will occupy the facility), Subject Matter Experts, the Installation, the Contractor and Subcontractors, and the Designer of Record will be invited to participate in the Partnering process. The Partnership will draw on the strength of each organization in an effort to achieve a project that is without any safety mishaps, conforms to the Contract, and stays within budget and on schedule.

The Contracting Officer will provide information on the Partnering Process and a list of key and optional personnel who should attend the Partnering meeting. Partnering will be accomplished via the methodology indicated in the following table.

PARTNERING METHODOLOGY

Informal as described in paragraph INFORMAL PARTNERING

Formal as described in paragraph

FORMAL PARTNERING

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