A.03.16 Spec Binder.pdf

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 74 01

SPECIAL CONDITIONS (NAU)

01/21

PART 1 GENERAL

1.1 PAYMENT

1.2 DEFINITIONS

1.3 ORDER OF PRECEDENCE

1.4 UNSOLICITED CHANGE PROPOSALS

1.5 DOCUMENTS IN MULTIPLE LANGUAGES

1.6 COMMUNICATION IN ENGLISH

1.6.1 English Speaking Representative

1.6.2 Correspondence And Documentation

1.6.3 Translations for Disputes

1.6.4 Additional Language Requirements

1.6.5 Language Fluency

1.7 PERMITS

1.7.1 General Requirements

1.7.2 Permits and Notifications

1.7.3 Final Acceptance

1.7.4 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 IMMUNITY FROM LEGAL PROCESS

3.3 CONTRACT EXECUTION IN THE HOST NATION

3.3.1 Access to Areas Under Military Control

3.3.2 Contractor Responsibility

3.3.3 Archaeological and Historical Sites

3.4 CONTRACTOR LIAISON AND COMMUNICATION WITH HOST GOVERNMENTS

3.5 RESTRICTIONS ON PAYMENT SUBMISSIONS

-- End of Section Table of Contents --

DOCUMENT 00 74 01 Page 1

SECTION 00 74 01

SPECIAL CONDITIONS (NAU)

01/21

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 offer by the contractor, whether submitted as part of their proposal prior to award or as part of a deliverable after award which conforms to and exceeds the provisions of the contact.

A betterment offered prior to award becomes binding upon award of the contract. After award, a betterment offered becomes a binding contract requirement upon acceptance by the Government of the document proposing the betterment, whether specifically identified as such or not. Proposed betterments submitted after award must meet or exceed any betterments offered prior to award which were accepted as part of the award.

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 5152.236-9011, if that clause is part of this contract.

2. Any portions of the accepted proposal that both conform to and exceed the provisions of the solicitation (Betterment submitted prior to award).

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 conforms to or exceeds the provisions of the contract (Betterment submitted after award).

4. Clause 52.236-21 Specifications and Drawings (Alt I)

DOCUMENT 00 74 01 Page 2

For the purposes of determining precedence, the contract will be interpreted as follows with regards to items which are considered to be within the intent and meaning of "drawings" and "specifications":

1. Sections starting with "00", including these Special Conditions

2. Section 01 00 00, including Section 01 10 10 Statement of Work (Summary of Work or Scope of Work) if included in the contract

3. All Other Specification Sections

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

5. Referenced Design Guides or other non-technical standards

6. Drawings

7. 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.

Requirements, including criteria, are minimum requisites.

In case of conflicting requirements within documents of the same precedence that cannot be resolved based on the above, 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 UNSOLICITED CHANGE PROPOSALS

Whenever the contractor proposes to change the work required by the contract, to add or subtract from the work requirements, unless that change has been specifically requested in writing via a written or oral Request for Proposal (RFP) by a Contracting Officer or, if appointed on this contract, an Administrative Contracting Officer, the proposal must be submitted either:

1. as a Value Engineering Change Proposal. See Specification Section 01 33 00 SUBMITTAL PROCEDURES, paragraph DEVIATIONS, SUBSTITUTIONS, AND VARIATIONS and FAR clause 52.248-1 Value Engineering.

2. as a Request for Equitable Adjustment (REA) under DFAR 252.243-7002 Requests for Equitable Adjustment or a claim under FAR 52.233-1 Disputes.

The Government does not intend to respond to any other "request" for a Construction Change Order or proposal submitted by the contractor.

1.5 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

DOCUMENT 00 74 01 Page 3 control.

1.6 COMMUNICATION IN ENGLISH

1.6.1 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. This includes the ability to speak, read, write, and understand the directions of the Contracting Officer or their designated representatives when conducted in English.

If other sections of the contract allow work to be performed without these personnel being on site, the Contractor shall have a representative, designated in writing, who is capable of explaining the work operations and receiving instruction in the English language.

1.6.2 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.

1.6.3 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.

1.6.4 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.

DOCUMENT 00 74 01 Page 4

1.6.5 Language Fluency

Personnel required to communicate with the Government must 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.

1.7 PERMITS

1.7.1 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 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.

1.7.2 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.

1.7.3 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.

DOCUMENT 00 74 01 Page 5

1.7.4 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 any other inspections identified in the contract.

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

DOCUMENT 00 74 01 Page 6

SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

List of Required HN Permits Permits And Notifications Approved Permits

SD-11 Closeout Submittals

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 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.

All personnel, vehicles, and equipment are subject to search when entering or leaving the installation and at any time while on the installation. The contractor shall be responsible for notifying their personnel, to include subcontractors and suppliers of this. Entry of any individual onto the installation constitutes consent to being searched.

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.

All personnel in possession of an installation/base pass issued for work under this contract shall return them to the issuing office upon completion of the contract work or upon termination of employment.

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.

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3.2 IMMUNITY FROM LEGAL PROCESS

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.

3.3 CONTRACT EXECUTION IN THE HOST NATION

3.3.1 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.

3.3.2 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.

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.

DOCUMENT 00 74 01 Page 8

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.

3.3.3 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.

3.4 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.

3.5 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

DOCUMENT 00 74 01 Page 9 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 01 Page 10

SECTION 00 74 02

TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (NAU)

05/20

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)

05/20

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 project 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.

Activities in the project schedule must be assigned to a calendar with anticipated weather days shown as non-work days. Acceptance of the contractors schedule will not be considered acceptance of the reasonableness or validity of the number of anticipated weather days.

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 regarding the actual weather conditions or the actual amount of weather delays based on any information included in the contract documents.

DOCUMENT 00 74 02 Page 2

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 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

DOCUMENT 00 74 02 Page 3 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 10

SUPPLEMENTAL CONDITIONS FOR PROJECTS IN GERMANY (NAU)

01/21

PART 1 GENERAL

1.1 REFERENCED STANDARDS

1.2 REFERENCES

1.3 SUBMITTALS

1.4 INSTALLATION ACCESS

1.5 PERMITS

1.5.1 Special Permits for U.S. Construction

1.5.2 Additional Requirements for Design-Build Projects

1.5.3 Final Inspection

DOCUMENT 00 74 10 Page 1

SECTION 00 74 10

SUPPLEMENTAL CONDITIONS FOR PROJECTS IN GERMANY (NAU)

01/21

PART 1 GENERAL

1.1 REFERENCED STANDARDS

Any DINs referenced in these specifications are incorporated only to the extent that they describe a technical standard to which the contractor must perform the work described in the specifications.

Any language that does not describe a technical standard, such as, for example, payment procedures, how specifications are to be drafted, or references to parts of the Vergabe- und Vertragsordnung für Bauleistungen (VOB), are not included in this contract, and are explicitly not to be interpreted as establishing any requirement which would establish a right for additional payment beyond that specified in the contract documents.

Neither the VOB A nor B are included in this contract either explicitly or by reference with the exception of references to the VOB in contract clauses. All work required to complete this project is included in the contract price. No distinction will be made between associated tasks and special tasks. The contractor is solely responsible to determine quantities and work needed based on the contract documents.

1.2 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.

DEPARTMENT OF DEFENSE

AE Regulation 190-16 Installation Access Control

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

Art. 30 ABG 75 Permits; G

SD-11 Closeout Submittals

ABG 7B Documentation

1.4 INSTALLATION ACCESS

All Contractor employees, including subcontractors, subcontractors' employees, suppliers, and suppliers' employees are required to comply with the Installation Security Requirements regarding personnel, vehicle, and equipment security passes and access the jobsite. Nothing in the contract is to be construed in any way to limit the authority of

DOCUMENT 00 74 10 Page 2 the Commanding Officer to prescribe new, or to enforce existing security regulations governing the admission or exclusion of persons and the conduct of persons while on the installation, including but not limited to, the rights to search of all persons or vehicles on the installation.

Coordinate with the Contracting Officer for specific security and access requirements.

Access to U.S. installations and controlled areas is limited to personnel who meet security criteria and are authorized by Host Nation law to work in that country. Failure to submit required information/data and obtain required documentation or clearances in accordance with AE Regulation 190-16 , will be grounds for denying access to U.S. installations and controlled areas.

The Contractor is responsible to ensure that any Subcontractor used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any Subcontractor utilized by the contractor, are made aware of and comply with these requirements.

Refer to Section 00 74 70 ANTI-TERRORISM/OPERATIONS SECURITY REQUIREMENTS for specific training requirements required of personnel accessing the installation.

1.5 PERMITS

1.5.1 Special Permits for U.S. Construction

As part of this project, the US Government will coordinate with the applicable German authorities for Federal Building (Bundesbauaufgaben) to identify any special permissions or notifications required to be obtained by the U. S. Government. These permissions or notifications are separate and distinct from those required to comply with the remainder of the contract. The contractor shall coordinate their work with these requirements.

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 and submit this information under a submittal titled Art. 30 ABG 75 Permits. This includes providing documentation to show compliance with permit requirements.

As part of this coordination, the contractor shall prepare all necessary documentation and ensure the US Government receives it timely to prevent delays in the execution of the contractors work. Changes, revisions, or adjustments to the documentation may be required after coordination with Host Nation Construction and Permitting Authorities, and the contractor shall be responsible for making any changes as part of their responsibility under this section.

Information required to be provided by the contractor includes, but is not limited to:

a. Documentation required by the Honorarordnung für Architekten und Ingenieure (HOAI) Leistungsphasen (LP) 4 Genehmigungsplanung and 8 Objektüberwachung - Bauüberwachung und Dokumentation

b. Documentation required by the German state where the construction work is performed (Landesbauordnung), to include certificates and registrations of personnel performing work for the contractor.

c. Compliance with permit requirements and applicable standards (to include inspections by third parties) and provide required

DOCUMENT 00 74 10 Page 3 documentation.

d. Forms for the permitting process for all relevant trades involved in the project

If the contractor believes the conditions or requirements of any permit specifically related to this paragraph and obtained after award of the contract causes a change in the contract terms and conditions, they must provide timely notification to the Government in accordance with contract clause CHANGES. The notification must clearly identify the changed condition or requirement and provide explanation as to why it could not have been reasonably anticipated based on similar work performed in the locality.

1.5.2 Additional Requirements for Design-Build Projects

This paragraph applies only to design-build projects: nothing in this paragraph shall be construed to require the contractor to prepare a design unless this contract is specifically identified as a design-build contract.

The special permits for U. S. Construction described above may depend upon, or be impacted by, the contractors design. As part of the contractors design responsibility under this contract, the contractor shall coordinate their design with these requirements and shall be responsible for ensuring their design and the resulting construction complies with any conditions, provisions, or restrictions identified by the German Government as part of this process.

1.5.3 Final Inspection

Prior to acceptance of the project by the Government, a final inspection with representatives of the German and US Governments will be conducted. This inspection shall be performed in accordance with the procedures established in the Auftragsbautengrundsätze for US Forces (ABG 1975) and documented using the ABG7B form. Additional information regarding the ABG 1975 is available (in German) at the following website: http://www.abg-plus.de.

As part of this final inspection requirement, the Contractor shall coordinate with the German Government, in conjunction with the U.S.

Government, the requirements for proper final inspection in accordance with these procedures and submit any information required in accordance with the Richtlinien für die Durchführung von Bauaufgaben des Bundes (RBBau) Article K14 (Bauakte). the submittal will be provided by the contractor under a submittal titled ABG 7B Documentation.

DOCUMENT 00 74 10 Page 4

SECTION 00 74 10

SUPPLEMENTAL CONDITIONS FOR PROJECTS IN BELGIUM (NAU)

01/21

PART 1 GENERAL

1.1 PRECEDENCE OF THIS SECTION

1.2 REFERENCES

1.3 SUBMITTALS

1.4 INSTALLATION ACCESS

PART 2 PRODUCTS

PART 3 EXECUTION

3.1 Photography

3.2 Architectural Finish Level

3.3 Backfill Materials

3.4 Concrete

3.5 Electrical Works

3.5.1 Electrical Cabling

3.5.2 Third-Party Electrical Inspection

DOCUMENT 00 74 11 Page 1

SECTION 00 74 10

SUPPLEMENTAL CONDITIONS FOR PROJECTS IN BELGIUM (NAU)

01/21

PART 1 GENERAL

1.1 PRECEDENCE OF THIS SECTION

This specification section provides additional requirements for performance of work in Belgium and takes precedence over non-Belgium specific requirements which may be identified elsewhere in the contract documents.

1.2 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.

DEPARTMENT OF DEFENSE

AE Regulation 190-16 Installation Access Control

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-07 Certificates

Electrical Service Installation

Certification Of Clean Backfill

1.4 INSTALLATION ACCESS

All Contractor employees, including subcontractors, subcontractors' employees, suppliers, and suppliers' employees are required to comply with the Installation Security Requirements regarding personnel, vehicle, and equipment security passes and access the jobsite. Nothing in the contract is to be construed in any way to limit the authority of the Commanding Officer to prescribe new, or to enforce existing security regulations governing the admission or exclusion of persons and the conduct of persons while on the installation, including but not limited to, the rights to search of all persons or vehicles on the installation.

Coordinate with the Contracting Officer for specific security and access requirements.

Access to U.S. installations and controlled areas is limited to personnel who meet security criteria and are authorized by Host Nation law to work in that country. Failure to submit required information/data and obtain required documentation or clearances in accordance with AE Regulation 190-16 , will be grounds for denying access to U.S. installations and controlled areas.

The Contractor is responsible to ensure that any Subcontractor used in

DOCUMENT 00 74 11 Page 2 performance of this contract complies with these requirements and that all employees, of both the Contractor and any Subcontractor utilized by the contractor, are made aware of and comply with these requirements.

Refer to Section 00 74 70 ANTI-TERRORISM/OPERATIONS SECURITY REQUIREMENTS for specific training requirements required of personnel accessing the installation.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

3.1 Photography

In addition to the requirements of Section 01 30 01 GENERAL REQUIREMENTS, any contractor personnel who intend to take photographs on the installation must obtain an Installation Photograph Pass and complete training offered by the Installation Public Affairs Office.

Personnel taking pictures who are not in possession of an Installation Photograph Pass are subject to loss of access to the installation and confiscation of photographic equipment.

3.2 Architectural Finish Level

All finishes in regularly occupied rooms shall have a minimum finish level of Q3 in accordance with Belgian industry standards. All other spaces shall have a minimum finish level of Q2.

3.3 Backfill Materials

All materials used as backfill must be in conformance with Belgian Host Nation requirements. These requirements may vary depending on the source of the material and the location it will be placed.

Any backfill materials obtained from outside the project site limits must be certified as clean in accordance with Belgian and local requirements. The contractor must provide a Certification of Clean Backfill for any materials so provided. This certification must include the results of any soil testing conducted to verify compliance with these requirements.

3.4 Concrete

All concrete used on the project site must be BENOR certified.

3.5 Electrical Works

3.5.1 Electrical Cabling

All cabling must be halogen free. Cables for receptacle and lighting circuits, and for fire security must be halogen-free. These cables are commonly identified as "XGB-F2.

3.5.2 Third-Party Electrical Inspection

In addition to other inspection requirements identified in the contract documents, the contractor is required to obtain Electrical Service Installation certification and approval for all electrical service installations.

This certification must be provided by an independent electrical

DOCUMENT 00 74 11 Page 3 inspection certification agency approved by the cognizant Belgian authority.

The contractor is responsible for ensuring all electrical works in this contract are performed in a manner to achieve this certification, and must perform any required corrective works identified by the certification inspector.

DOCUMENT 00 74 11 Page 4

SECTION 00 74 15

SUPPLEMENTAL CONDITIONS FOR PROJECTS IN ISRAEL (NAU)

01/21

PART 1 GENERAL

1.1 ORDER OF PRECEDENCE (ADDITIONAL)

1.2 SPECIAL CONTRACT REQUIREMENTS

1.3 CONTRACTOR WORK FORCE

1.3.1 Non-Israel Nationals

1.3.2 Restrictions on Non-Israel Nationals

1.3.3 Retention of Government Rights

1.4 INITIATED WORK INTERRUPTION

1.5 COMPLIANCE WITH ISRAEL LAWS, RULES, AND CUSTOMS

1.5.1 Israel Rules and Customs

1.5.2 Israel Construction and Antiquities Laws

1.6 GOVERNMENT OF ISRAEL INDEMNIFICATION

1.7 SUBMITTALS

1.8 HOURS OF WORK

PART 2 PRODUCTS

2.1 LOCAL CONSTRUCTION MATERIAL

2.2 NEW MATERIALS

2.3 MANUFACTURING STANDARDS

2.4 NEW AND ADVANCED PRODUCTS/MATERIALS

PART 3 EXECUTION

3.1 TAXES IMPOSED BY THE GOVERNMENT OF ISRAEL (SR-1 TAX CLAUSE)

3.1.1 General

3.1.2 Reimbursement

3.1.3 Refundable Direct Taxes

3.1.3.1 Third Country National Tax Plan

3.1.3.1.1 Third Country National Tax Plan Contents

3.1.3.1.2 Changes in TCN Labor

3.1.3.1.3 No Guarantee of TCN Labor

3.1.3.2 Verification of Eligibility

3.1.3.3 Payment of Taxes by Contractor

3.1.3.4 Reimbursement of TCN Taxes

3.1.4 Indirect Taxes

3.1.5 Value Added Tax (VAT)

3.1.5.1 Required Registration

3.1.5.2 Reimbursement of VAT

3.2 SPECIAL TAXATION EXEMPTIONS FOR U.S. CONTRACTORS AND NATIONALS

3.2.1 Taxation of U.S. Contractors

3.2.2 Importation, Use and Exportation of Personal Property

3.2.3 Personal Tax Exemptions for U.S. Nationals

3.3 SPECIAL INSPECTIONS (SR-2.1)

3.4 TEMPORARY UTILITIES (SR-2.2)

3.5 MILITARY INSTALLATION ACCESS PROCEDURES (SR-3.1)

3.6 WAR RISK

3.7 INTERFACE WITH OTHER WORK

3.8 CONTRACT DRAWINGS

3.9 FIELD OFFICE/PROJECT OVERHEADS ON CHANGES AND MODIFICATIONS

DOCUMENT 00 74 15 Page 1

DOCUMENT 00 74 15 Page 2

SECTION 00 74 15

SUPPLEMENTAL CONDITIONS FOR PROJECTS IN ISRAEL (NAU)

01/21

PART 1 GENERAL

1.1 ORDER OF PRECEDENCE (ADDITIONAL)

Reference is made to 00 74 01 SPECIAL CONDITIONS paragraph ORDER OF PRECEDENCE. For this contract, this section (00 74 15) takes precedence over any other Contract Section starting with "00".

Additionally, any reference to "Special Specifications" shall be considered equivalent to "specifications" and the term "General Specifications" shall be interpreted to mean "Host Nation Technical Requirements."

1.2 SPECIAL CONTRACT REQUIREMENTS

Reference is made to the separate attachment to the contract titled "Special Requirements" (SRs). The SRs provide project specific information associated with this project, including the Description of Work and specific Base Security and Access Requirements.

Requirements identified in the SRs take precedence over any other contract drawing or specification, including this section.

1.3 CONTRACTOR WORK FORCE

1.3.1 Non-Israel Nationals

The contractor may arrange, through the appropriate Government of Israel (GOI) offices, to bring into Israel U.S. nationals and nationals of third countries (TCNs) having diplomatic relations with Israel 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 GOI agency for the required customs clearances, passports, visas, licenses, or permits.

The contractor shall remain solely responsible for the sponsorship of its employees and their dependents and shall process said permits directly with the appropriate GOI agency.

1.3.2 Restrictions on Non-Israel Nationals

The contractor acknowledges that the Government of Israel reserves the right to limit access to designated security areas and refuse entry into Israel or employment of specified individuals, or to require their departure from Israel, in accordance with Israeli law and practice. The contractor further acknowledges that the GOI may, acting within it sovereign capacity, alter these requirements at any time.

Furthermore, the contractor acknowledges that the U. S. Government does not have influence over the TCN issue and does not warrant the availability of TCN labor. By submitting a proposal, the contractor explicitly waives any right, explicit or inferred, to submit a claim under the Disputes clause of this contract for any delays or impacts associated with TCNs. Furthermore, any assistance provided by the U. S.

Government shall not be considered a a waiver of this acknowledgement.

DOCUMENT 00 74 15 Page 3

1.3.3 Retention of Government Rights

The Contracting Officer retains all rights to refuse or inhibit employment of any non Israeli employee or the employment of any group of non Israeli employees.

The Contracting Officer also retains all rights to stop the Contractor's work if they do not comply with the security measures specified in the contract.

1.4 INITIATED WORK INTERRUPTION

The Contracting Officer shall be enabled to instruct the Contractor, without any prior notice, to order a work site shutdown for security reasons based on communications with representatives of the Government of Israel.

With the issuance of such a notice, the Contractor shall stop all ongoing work, make reasonable efforts to protect ongoing and completed work, and leave the work site together with all of their staff. The total cumulative number of days of expected work interruption shall be twenty (20) scheduled work days per defined work site. This may include multiple work sites on a single installation.

The Contractor shall include consideration for these potential interruptions in his proposal. No adjustment in the performance period or the contract amount will be made for the first 20 work days of interruption per defined work site.

Should more than 20 days of interruption occur, any adjustment in the contract will be limited to a day for day time extension with no increase in the contract amount. Any such adjustment will be made via modification under the Defaults clause.

1.5 COMPLIANCE WITH ISRAEL LAWS, RULES, AND CUSTOMS

1.5.1 Israel Rules and Customs

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…