00_74_18.pdf

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 74 18

SUPPLEMENTAL CONDITIONS FOR PROJECTS IN ROMANIA (NAU)

03/19

PART 1 GENERAL

1.1 SECURITY VETTING

1.1.1 Applicability

1.1.2 Security Vetting Levels

1.1.3 Company Information

1.1.4 Personal Data for Employees

1.1.5 Submission of Data

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 PERSONNEL ACCESS REQUIREMENTS

3.1.1 General

3.1.2 Minimum Processing Period

3.2 CONSTRUCTION BOOK FOR HN

3.3 VALUE-ADDED TAX (VAT)

3.3.1 Exemption From VAT and Excise Tax

3.3.2 VAT Procedures

3.3.3 Completing the Certificat de Scutire de TVA

3.3.3.1 General

3.3.3.2 Number of Copies and Attached Information

3.3.3.3 Completion of the VAT Form

-- End of Section Table of Contents --

DOCUMENT 00 74 18 Page 1

SECTION 00 74 18

SUPPLEMENTAL CONDITIONS FOR PROJECTS IN ROMANIA (NAU)

03/19

PART 1 GENERAL

1.1 SECURITY VETTING

1.1.1 Applicability

Paragraph 1.2 and its associated subparagraphs are applicable to all projects where work is performed on a Romanian military installation, to include areas located within Romanian installations which are otherwise under the control of the US Forces.

When this paragraph is applicable, Romanian authorities will conduct a security vetting of all contractors, subcontractors, and their personnel.

1.1.2 Security Vetting Levels

The security vetting is broken down into four levels, depending on the facility where work is to be performed. The contract will identify the security authorization level required.

The terms for issuing the industrial security authorization or facility security clearance are:

Level I security vetting - industrial security authorization; 60 calendar days shall be allowed for the vetting process

Level II security vetting - confidential facility security clearance; 90 calendar days shall be allowed for the vetting process

Level III security vetting - secret facility security clearance; 120 calendar days shall be allowed for the vetting process

Level VI security vetting - top secret facility security clearance; 180 calendar days shall be allowed for the vetting process

1.1.3 Company Information

The following information shall be provided for all contractor and subcontractors who will have access to any contractual document or require access to the project sites. Information shall be provided in full text (without abbreviations):

a. Name of company in the country of origin

b. Contact information of company in country of origin

c. Name of the representative/branch in Romania

d. Country of origin

e. Registration number of company in country of origin

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f. Romanian address and contact data of company

g. Registration number from Romanian National Office of Commerce

h. Unique fiscal identity code in Romania

i. United States Contracting Agency (granting contract)

j. Prime Contractor (for subcontractors)

k. General purpose of contract

l. Period of contract performance

m. Approximate number of personnel working on the base

1.1.4 Personal Data for Employees

The following information shall be provided for all contractor and subcontractor employees who will have access to any contractual document or require access to the project sites. Information shall be provided in full text (without abbreviations):

a. Given name and surname

b. Personal numeric code*

c. Date and place of birth

d. Gender

e. Citizenship

f. ID number or serial number of personal identity card or passport number

g. Employer's complete name

h. Country of origin of the employer

i. Employer's contact data

j. Employer's registration number from National Office of Commerce Registry

k. Position

l. Purpose of the visit (type of work to be performed)

m. Place of performing the work on the Base

n. Period of stay on the Base (intended arrival and departure dates)

o. Scanned copy of the stay permit (Romanian Visa)**

p. Registration number of the individual's working contract and period of performance

* only required for Romanian citizens

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** only required for non United States citizens and citizens of countries which are not members of the European Union

1.1.5 Submission of Data

The information identified in paragraphs 3.3.1 and 3.3.2 shall be provided electronically in a tabular format. Paper copies will be provided if so requested. The specific procedures for transmission and communication of the data will be provided by the cognizant Romanian authorities.

Employee information shall be grouped into four separate tables as follows:

1. Citizens of the United States of American (including those holding nationality in other countries)

2. Romanian citizens

3. Non-Romanian citizens of European Union member countries

4. Citizens of countries other than Romania, the United States of

America, and the European Union

1.2 MILITARY INSTALLATION ACCESS PROCEDURES

Access to military installations is controlled by the various Armed Forces of Romania 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.

1.2.1 Alteration of Procedures

Base access and security requirements may be altered by the Romanian 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.

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 contractors personnel.

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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 by the base commander

PART 2 PRODUCTS

Not used.

PART 3 EXECUTION

3.1 PERSONNEL ACCESS REQUIREMENTS

3.1.1 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.

3.1.2 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.

Where Security Vetting is required (see Paragraph 3.3), this Processing Period will not start until after Security Vetting has been completed.

3.2 CONSTRUCTION BOOK FOR HN

In addition to the requirements of Section 01 78 00 Closeout Submittals the Construction Book shall contain the following information:

a. Final set of completed As-Built Drawings

b. Specific details of any structural modification made after the start of construction.

c. A record of significant weather events (i.e. flooding, earthquake, fire, severe temperatures) that occurred during construction, if any.

d. O&M manuals, instructions, and training for the operation of installed equipment

All documents shall be provided in the Romanian language.

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The Construction book will be submitted to the Contracting OFficer or their designated representative for transfer to the Romanian Ministry of Defense.

3.3 VALUE-ADDED TAX (VAT)

3.3.1 Exemption From VAT and Excise Tax

VAT and excise tax exemption may be obtained solely for articles and services acquired by contractors acting for or on behalf of the United States Forces and will be granted solely at the point of sale. No relief may be obtained at any other time.

3.3.2 VAT Procedures

The acquisition of articles and services acquired free of tax shall be documented using the CERTIFICAT DE SCUTIRE DE TVA / VAT EXEMPTION CERTIFICATE included as Attachment A. The form must be completed as described herein.

The form must be validated by the United States Forces and presented to an appropriate Romanian fiscal authority for their certification prior to obtaining any articles or services for which VAT exemption is desired. The contractor (to include subcontractors) must provide a fully completed and executed form to the vendor in order to obtain relief at the point of sale.

3.3.3 Completing the Certificat de Scutire de TVA

3.3.3.1 General

The VAT Form must be printed on white paper and have the following dimensions: 210 mm x 297 mm, with a maximum tolerance of 5 mm less or 8 mm more, in length. The general specifications concerning the paper used are those stipulated in The Official Journal of the European Community no. C 164 on 1st of July 1989. The Romanian authorities may reject any form printed on non-complying paper.

All information on the form must be legible.

Information on the form must be entered such that it cannot be erased and the form cannot have any corrections or erasures.

The form must be completed in Romanian or any other official language of the member states of the European Union. Note the special requirements for block 5 below.

3.3.3.2 Number of Copies and Attached Information

The VAT form must be completed in 4 copies. Attached to each copy must be a copy of the contract or an order for supply. In case of large contracts the contractor shall obtain from the COR a memorandum certifying the reality of the information from the VAT form. Every VAT form must have attached one of the above mentioned documents, in order to be certified by the competent authority of the host member state, DGFP C-TA.

3.3.3.3 Completion of the VAT Form

Complete the VAT form in accordance with the following instructions:

Block 1 identifies the entity the submitter of the form is obtaining the

DOCUMENT 00 74 18 Page 6 goods and services on behalf of. For the prime contractor, this is the US Army Corps of Engineers, Kondrad Adenauer Ring 39, D-65187 Wiesbaden, Germany. For a subcontractor or supplier, it is the prime contractors information.

Block 2: Enter the applicable information for the individual representing the entity in Block 1 and the local Romanian authority. For the prime contractor, this is the Contracting Officer who awarded the contract (not the Administrative Contracting Officer). The contractor is responsible for determining the appropriate Romanian authority and entering the information. These individuals will sign in blocks 3c and 6, respectively.

Block 3 is used to identify and certify the purpose of the request:

Box 3a: Check the block for "for Official Use" and enter the end user (customer) military organization

Under Box 3c: Add the name of the Contracting Officer above the title. The Contracting Officer will date and sign.

Block 3c will be signed by the person identified in Block 2 as the representative of the entity in block 1. They will also enter the date and location where they sign the document.

Block 4 is not applicable and has been marked out.

Block 5 is used to identify who is obtaining the goods/services and to describe the specific goods and services. All information must be completed. The contractor may either provide a detailed description of the items in the provided blocks or provide an attached order form.

Note that all information in this block must be provided in Romanian or with a Romanian translation, to include ALL referenced or attached documents/order forms.

Block 5a is the name of the contractor (the subcontractor/supplier when the form is being completed by the subcontractor or supplier).

When referencing an attached order form, block 5b must contain at least the date and number of the order. The order form must contain all the elements shown in the table in block 5.

Any unused space in section 5B must be marked so that no additions are possible.

The currency is indicated by using a 3 letter code, according to the international standard ISOIDIS 4127, established by the International Organization of Standards

Block 6 will be completed by the local Romanian fiscal authority. The contractor is responsible for obtaining these signatures.

Box 7: Completed and stamped by the attorney.

-- End of Section --

DOCUMENT 00 74 18 Page 7

SECTION 00 74 18

ATTACHMENT 1

VAT EXEMPTION CERTIFICATE

CERTIFICAT DE SCUTIRE DE TVA /

VAT EXEMPTION CERTIFICATE

Seria nr./Serial no.(optional)

1. INSTITUTIA/PERSOANA ELIGIBILA (INSTITUTION/ELIGIBLE PERSON)

Denumirea/numele / /Name:

Strada si numarul / Street and number

Codul postal, locul / Area Post Code, City

(Gazda) Statul membru, locul / (Host) Member State

2. AUTORITATEA COMPETENTA PENTRU A STAMPILA / COMPETENT AUTHORITY ENTITLED TO STAMP

(Nume, adresa si numar de telefon / Name, address, telephone number)

3. DECLARATIA BENEFICIARULUI / STATEMENT OF BENEFICIARY

Institutia sau persoana eligibila declara prin prezenta / Eligible Person identified in block 1 certifies that:

a) ca bunurile prezentate in rubrica 5 sunt destinate / the goods mentioned in Section 5 are destined

☒ pentru uzul oficial/for official use ☐ pentru uzul personal/for personal use

(denumirea institutiei / name of institution) (vezi rubrica 4 /see Section 4)

b) ca bunurile si/sau serviciile descrise in rubrica 5 respecta conditiile si limitele aplicabile scutirii de TVA in statul membru gazda mentionat la rubrica 1 si / goods and/or services described in Section 5 respect the terms and limits applied for VAT exemption in the host member state mentioned in Section 1 and

c) ca informatiile mentionate anterior sunt furnizate cu buna-credinta. Institutia sau persoana eligibila se obliga prin prezenta sa achite statului membru din care au fost expediate produsele sau bunurile au fost livrate si/sau serviciile au fost prestate valoarea TVA cuvenita in cazul in care bunurile si/sau serviciile nu sunt in conformitate cu conditiile scutirii sau in cazul in care acestea nu au fost utilizate in maniera prevazuta / the above mentioned information are given in good-faith. The eligible institution or person assumes hereby the obligation to pay the member state who sent the products or provided the goods and/or provided services the VAT value due or the case when goods and/or services are not in conformity with the exemption terms or in the case these had not been used in the established way.

Locul, data / Place, date Numele si calitatea semnatarului / Name and position of signatory

Semnatura / Signature

4. STAMPILA INSTITUTIEI / STAMP OF THE INSTITUTION

(in cazul scutirii pentru uzul personal) / (if the exemption was granted for personal use)

Stamp Semnatura / Signature

5. DESCRIEREA BUNURILOR SI/SAU SERVICIILOR EXPEDIATE PENTRU CARE SE SOLICITA SCUTIRE ADE LA PLATA TVA / DESCRIPTION OF GOODS AND/OR SERVICES FOR WHICH THE EXEMPTION OF

VAT IS REQUESTED

A. Informatii privind prestatorul/furnizorul // Information regarding the supplier/provider

(1) Nume si adresa / Name and address

(2) Statul membru / Member State

(3) Codul de inregistrare in scopuri de TVA / Registration code for VAT purposes

B. Informatii privind bunurile si/sau servicile / Information regarding goods and/or services

Nr. / No.

Descrierea detaliata a bunurilor si/sau a serviciilor (sau referinta la frmularul de comandă atașat) / Detailed description of goods and/or services (or reference to the attached order form)

Cantitatea sau numarul / Quantity or number

Valoarea fata TVA / Value excluding VAT Moneda/ Currency

Valoarea unitara /

Value per uni Valoarea totala /

Total value

Valoare totala/ Total value

6. CERTIFICAT DE AUTORITATEA COMPETENTA A STATULUI MEMBRU GAZDA / CERTIFIED BY THE

COMPETENT AUTHORITY OF THE HOST MEMBER STATE

Destinatia bunurilor si/sau serviciilor descrise la rubrica 5 este conforma / Destination of goods and/or services described in Section 5 conforms

☐ in totalitate / totally ☐ pana la cantitatea de / Up to the quantity of (numarul / number) cu conditiile de scutire de TVA / VAT exemption requirements

7. CERTIFICAT DE FORTELE STATELOR UNITE ALE AMERICII IN ROMANIA / CERTIFIED BY THE UNITED

STATES FORCES IN ROMANIA