IFB_W912PA16B0001_BFPDs.pdf

0010835081-0001

PROJECT: R-CH-O2-16099-16

Repair / Installation of Backflow Preventive Devices at U.S. Army Garrison Benelux (Chievres Air Base, GFOQ #18 [Casteau], Brussels American School (Sterrebeek Annex).

Magnitude of Project: Betw een $100,000 and $250,000.

SITE VISIT: An organized site visit is scheduled on 10 August 2016, Wednesday, at 1030hrs. Participants w ill meet at Gate 14, Chievres Air Base, 7950 Chievres, Belgium.

Point of Contact (POC) for technical info and site visit: Mr. David DIRICQ, Electro-Mechanical Engineer, tel. no. +32 (0)68 27 5446, e-mail: david.diricq.ln@mail.mil

Special Note to Prime Contractors Only: A more detailed version of Attachment 2 w ith pictures contained in a CD w ill be available during the site visit or upon request by interested parties by email to: marieta.q.luna.ln@mail.mil

X

MARIETA LUNA 003227179616

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

20-Jul-2016

(RFP)

(IFB)

CALL:

Installation of Backflow Preventer Devices

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______30 calendar days and complete it w ithin ________250 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.211-10

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

YES X NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________24 Aug 2016 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, X is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

US MILITARY FORCE - RCO BENELUX

MARIETA LUNA

32-2-7179616

LEUVENSESTEENWEG 13

1932 SINT-STEVENS-WOLUWE

BELGIUM

W912PA

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

R-CH-O2-16099-16

8. ADDRESS OFFER TO (If Other Than Item 7)

00-32-2-7179610FAX:TEL: 00-32-2-7179616 TEL: FAX:

W912PA-16-B-0001 51

20B. SIGNATURE

(REV 4 85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540 01 155 3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

W912PA-16-B-0001

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 15 Job Device AA

FFP

FOB: Destination

PURCHASE REQUEST NUMBER: 0010835081-0001

NET AMT

0002 1 Job Device BA 0.75

FFP

0003 1 Job Device CA 0.50

FFP

0004 1 Job Device CA 0.75

FFP

0005 6 Job Device EA 0.50

FFP

0006 3 Job Device EA 0.75

FFP

0007 5 Job Device EA 1.00

FFP

0008 2 Job Device EA 1.25

FFP

0009 10 Job Device EA 1.50

FFP

0010 4 Job Device EA 2.00

FFP

0011 1 Job Device EA 2.50

FFP

0012 3 Job Device EA 3.00

FFP

0013 14 Job Device EB & AA

FFP

0014 145 Job Device HA

FFP

0015 215 Job Device HB

FFP

0016 1 Job Device EB 1.25

FFP

0017 1 Job Device 20126-1

FFP

0018 1 Job Device 20182-6

FFP

0019 1 Job Device 20191-11

FFP

0020 1 Job Device 20200-6

FFP

0021 1 Job Device 80001-0

FFP

0022 1 Job Device 80001-1

FFP

0023 1 Job Device 80014-0

FFP

0024 1 Job Device 80015-0

FFP

0025 1 Job Device 80015-3

FFP

0026 1 Job Device 80001

FFP

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government 0014 Destination Government Destination Government 0015 Destination Government Destination Government 0016 Destination Government Destination Government 0017 Destination Government Destination Government 0018 Destination Government Destination Government 0019 Destination Government Destination Government 0020 Destination Government Destination Government 0021 Destination Government Destination Government 0022 Destination Government Destination Government 0023 Destination Government Destination Government 0024 Destination Government Destination Government 0025 Destination Government Destination Government 0026 Destination Government Destination Government

CLAUSES INCORPORATED BY FULL TEXT

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not--

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

(End of clause)

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 250 dys. ADC 15 BENELUX

DAVID DIRICQ

56 GRAND RUE

7950 CHIEVRES

BELGIUM

++32 (0)68 27 54 46

WK3E47

0002 250 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0003 250 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0004 250 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0005 250 dys. ADC 6 (SAME AS PREVIOUS LOCATION)

0006 250 dys. ADC 3 (SAME AS PREVIOUS LOCATION)

0007 250 dys. ADC 5 (SAME AS PREVIOUS LOCATION)

0008 250 dys. ADC 2 (SAME AS PREVIOUS LOCATION)

0009 250 dys. ADC 10 (SAME AS PREVIOUS LOCATION)

0010 250 dys. ADC 4 (SAME AS PREVIOUS LOCATION)

0011 250 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0012 250 dys. ADC 3 (SAME AS PREVIOUS LOCATION)

0013 250 dys. ADC 14 (SAME AS PREVIOUS LOCATION)

0014 250 dys. ADC 145 (SAME AS PREVIOUS LOCATION)

0015 250 dys. ADC 215 (SAME AS PREVIOUS LOCATION)

0016 250 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0017 250 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0018 250 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0019 250 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0020 250 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0021 250 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0022 250 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0023 250 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0024 250 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0025 250 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0026 250 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within thirty (30) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than two hundred fifty (250) calendar days. The time stated for completion shall include final cleanup of the premises.

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of €120.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.211-13 TIME EXTENSIONS (SEP 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

52.242-14 SUSPENSION OF WORK (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly.

However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed—

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

5152.236-4003 NOTICE TO PROCEED (June 2016)

The notice to proceed will be provided as indicated below:

[__________] The effective date of contract will constitute the date of notice to proceed.

[____X_____] A notice to proceed letter will be issued.

[__________] The date of the letter transmitting the contract will constitute the date of the notice to proceed.

Section G - Contract Administration Data

252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

When submitting a request for payment, the Contractor shall--

(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and

(b) Separately identify a payment amount for each contract line item included in the payment request.

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

(JUNE 2012)

(a) Definitions. As used in this clause–

(1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(4) Receiving report means the data required by the clause at 252.246-7000, Material Inspection and Receiving Report.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when–

(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer's determination with each request for payment;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);

(3) DoD makes payment for rendered health care services using the TRICARE Encounter Data System (TEDS) as the electronic format; or

(4) When the Governmentwide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required.

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payments requests.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause--

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

Construction Invoice

(Contracting Officer: Insert applicable document type(s). Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

USAG Benelux - DPW DoDAAC: WK3E47

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC W56FJX Issue By DoDAAC W912PA Admin DoDAAC W912PA Inspect By DoDAAC WK3E47 Ship To Code WK3E47 Ship From Code Not applicable Mark For Code Not applicable Service Approver (DoDAAC) WK3E47 Service Acceptor (DoDAAC) WK3E47 Accept at Other DoDAAC Not applicable LPO DoDAAC Not applicable DCAA Auditor DoDAAC Not applicable Other DoDAAC(s) Not applicable

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

Jeanluc.duvivier.ln@mail.mil Marieta.q.luna.ln@mail.mil

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

Marieta.q.luna.ln@mail.mil

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

5152.232-4001 FOREIGN VENDORS REQUESTING PAYMENT VIA ELECTRONIC FUNDS TRANSFER

(June 2016)

Foreign vendors requesting payment via Electronic Funds Transfer (EFT) shall provide the following information on their invoice at time of invoice submission. Only one EFT instruction per invoice is authorized.

- Bank Name:

- Bank Identification Code (BIC):

- International Bank Account Number (IBAN):

Section H - Special Contract Requirements

SPECIAL INSTRUCTIONS-SECTION H

LIABILITY

For the purpose of this contract the Contractor is considered as an independent Contractor and not as an agent of the US Government. During the performance the Contractor shall be liable and will indemnify and hold harmless the Government, its agents and employees against any actions or claims for all damages to persons or property, including death arising or resulting from fault, negligence, wrongful act or wrongful omission of the Contractor.

TRANSLATION

Drawings, specifications, instructions, or other documents furnished to the Contractor by the Government in connection with the performance of the work shall be in the English language only. Such translations thereof as are necessary or proper for the performance of the work shall be provided by the Contractor. Errors or omissions in such translations from the Government furnished drawings, specifications, instructions or other documents shall be the responsibility of the Contractor. The English text shall apply in the event of disagreements occasioned by differences between the text and the Contractor’s translation of drawings, specifications, instructions or other documents furnished by the Government pursuant to the provisions of the contract. All correspondence, drawings, and other documents submitted by the Contractor shall be entirely in English, except as otherwise provided in the contract.

PREPARATION, SUBMISSION OF INVOICES AND PAYMENT

Contractor shall submit his invoice electronically through the Wide Area Workflow (WAWF) online application system for payment. WAWF Instructions are being provided to the Contractor under separate cover upon request. WAWF also provides online training: https://wawf.eb.mil/

ADDITIONAL INVOICE INFORMATION (CONST)

Invoice must include the appropriate lump sum amount due, percentage of work completed, or an itemized listing of quantities (by building, if applicable) and a description of items and discounts accurate in accordance with the Schedule and the terms and conditions of the contract. In addition, the invoice shall specify the date on which all work, or to portion or percentage of work invoiced under the contract, was completed. Taxes and duties will be listed and excluded from invoice prices.

ACCESS OF CONTRACTOR’S PERSONNEL TO COMMISSARY AND PX

The Contractor’s personnel can have access during the duration of the contract to the U.S.-operated snackbar.

Contractor’s personnel are not entitled to commissary and PX privileges and will not attempt to obtain, in any way, duty-free merchandise. A violation of this restriction will result in immediate removal of the personnel involved.

PREPERFORMANCE CONFERENCE

The Government will schedule a pre-performance conference after contract award but prior to commencement of work on site. Upon award of contract the Contractor will be advised of date, time, address, and place of conference. Contractor shall attend this conference.

ENVIRONMENTAL LAWS.

All materials should meet regional, provincial, national and local ecology laws in respect to all materials and their disposal. Contractor will be insured against and solely responsible for any ecological damage caused both to US and Host Nation interested parties. Furthermore, the Contractor agrees to hold the US Government harmless in any lawsuit concerning ecological damages.

WEATHER DELAYS

Reference paragraph (b) (1), FAR 52.249-10 Clause “DEFAULT (FIXED PRICE CONSTRUCTION) (APR 1984)”. Unless unusually severe (seasonal) weather conditions prevails, no extension will be granted for delays experienced by the Contractor. A log book shall be kept by the Contractor to record weather conditions, and any eventual inclemency’s which may preclude the continuation of work in accordance with the requirements of tender document “Marchés Publics – 1978, chapter I, Item 28” (for BELGIUM) or “ABB 1968” (for THE NETHERLANDS). This log book shall be presented as a summary of the work performed, the weather conditions and the report on personnel attendance on the work site. It shall serve as a base for determining the final completion date of the works.

PERFORMANCE STANDARDS

(a) In the event of conflict between the applicable standards and any requirement or condition of the specifications and the contract, the specifications and the contract shall govern.

(b) Copies of the applicable Belgian standards and regulations will not be furnished with this specifications.

US Army, Government specifications, regulations and other publications made part of this contract by reference herein are available for reading at the local facilities engineering office located at :

USAG BENELUX

Directorate of Public Works, Engineering Division Hangar #6 Chievres Air Base 7950 Chievres, Belgium

MEASUREMENTS AND QUANTITIES

Unless stated otherwise, all quantities and measurements listed in the specifications, drawings, and price breakdown are estimates only. The offeror themselves shall familiarize with the job site, determine the extent, nature and scope of work as appropriate.

CONSERVATION OF ELECTRICITY AND WATER

The United States Government will make available to the Contractor, from existing outlets and supplies, all reasonably required amounts of electricity and water free of charge to the Contractor. The Contractor shall carefully conserve utilities furnished without charge.

CONTRACTOR RESPONSIBILITY (CONSTRUCTION)

(a) Contractor Supervision. Pursuant to FAR 52.236-6 Clause “SUPERINTENDENCE BY THE CONTRACTOR (APRIL 1984)”, contractor shall supervise his/her employees to ensure compliance with contract standards. Contractor or his/her representative shall be present at all times during work performance at contract site.

(b) Host Nation Safety Requirements. In addition to the safety requirements set forth in FAR 52.236-13 Clause

“ACCIDENT PREVENTION (APRIL 1984)”, Contractor shall comply with Host Nation Safety Regulations. In case of conflict between Host Nation and US Standards, the more stringent standards shall govern.

(c) Fire Protection and Prevention. The Contractor shall comply with fire protection and prevention regulation and fire defense plan prescribed for buildings in which work is to be performed. A copy of the regulation and plan is on file with the Contracting Officer or Contracting Officer Representative (COR).

NOTE: UNDER NO CIRCUMSTANCES SHALL CONTRACTOR STORE FLAMMABLE

MATERIAL WITHIN GOVERNMENT BUILDINGS.

(d) Lost Articles. Contractor shall be responsible in the event of theft by his personnel of Government property or personal property of Government personnel, civilian or military. All lost or misplaced articles found by his/her employees shall be turned in to the COR.

(e) Protective Measures. In addition to FAR 52.236-9 “PROTECTION OF EXISTING VEGITATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APRIL 1984)”, Contractor shall provide barricades and precaution signs in both English and the Host Nation language for the safety of inhabitants and passers-by. Contractor shall be responsible for removal of furnishings and equipment as required for preparation of work sites as well as for reinstallation thereof. Contractor shall replace any furnishings and equipment at their original locations upon completion of contract work.

(f) Building Security. Contractor employees shall assure that all equipment is de-energized and stored in designated storage areas together with supplies upon completion of work. When buildings are unoccupied – lights, water outlets, and blowers shall be turned off and windows closed and locked on a floor-to-floor basis as work progresses, followed by locking of all exterior doors upon completion of work. Keys to buildings shall be deposited with the COR. Contractor shall be responsible for any losses or damages arising from failure to secure buildings during and after working hours by his/her personnel.

(g) Clean Up. In accordance with Contract Clause FAR 52.236-12 “CLEANING UP (APRIL 1984)”, Contractor shall be responsible for cleaning up. Accumulated dirt and debris shall be hauled off, and disposed of in accordance with Host Nation Law, at least once a week by the Contractor. Stairwells used by the Contractor during execution of work shall be cleaned daily. Cloths, mops, and brushes containing combustible materials shall be disposed of or stored outside of the buildings in tight, covered, metal containers. Paints and thinners shall not be poured into inlets of the interior or exterior sewage system.

Paints, stains, and other residues on adjacent surfaces or fixtures caused by the Contractor shall be carefully removed and cleaned to original finish. Upon completion of the work, the Contractor shall remove all construction equipment, materials, and debris resulting from contract work. The entire work site and the area used by the Contractor personnel shall be left clean.

Turn-in Salvage Material. The Contractor shall be responsible for salvage. All dismantled materials indicated for turn-in by the specification or as directed by the COR shall be enumerated in a roster prepared by the Contractor and turned in to Government disposal office/yard selected by COR. Contractor shall obtain a hand receipt for the materials turned in and attach the hand receipt to his final invoice. Turn-in times shall be as directed by the COR.

QUALITY CONTROL PROGRAM

The contractor shall establish and maintain a complete quality control program to assure the requirements. THE

CONTRACTOR’S QUALITY CONTROL PROGRAM SHALL BE SUBMITTED TO THE CONTRACTING

OFFICER WITHIN TEN (10) DAYS AFTER AWARD and thereafter as changes occur. In addition to requirements in the specification or statements of work, the Contractor’s quality control plan must have as a minimum:

(i) Identification and clearly defined authority of key personnel under the Contractor’s organization.

(ii) A quality control inspection system covering general and specific tasks included in the contract scope of work. It should specify tasks or areas to be inspected on either a scheduled or unscheduled basis, and the manner in which inspections are to be conducted.

(iii) The names of firms or individuals tasked to perform inspections and the extent of their authority. This may be in the form of an organization chart or other form approved by the Contracting Officer.

(iv) Proposed test methods, including names of technicians or qualified testing laboratories to be used, if applicable. Tests must be specified.

(v) A method of identifying deficiencies in the quality of services or construction performed before the level of performance becomes unacceptable.

(vi) A method of documenting and enforcing quality control operations of prime or subcontractor work, including inspection and testing.

(vii) Key control, internal control, or security procedures, if applicable.

(viii) Any winterization plans and procedures for outdoor and exposed contractor and Government furnished equipment, if applicable.

(ix) A method of identifying deficiencies in the quality of manufacturing, services, or construction performed before the level of performance becomes unacceptable.

(x) Detailed information specifying the types of action the contractor will take to correct deficiencies and prevent their recurrence.

(xi) Detailed information on the inspection methods used and proposed test methods, including names of technicians or qualified testing laboratories to be used, if applicable. Tests must be specified.

PERMISSION TO EXCAVATE

(i) Contractor shall locate required excavation site and prior to excavation obtain COR's written permission to excavate.

(ii) COR will inform Contractor how to obtain and when to release permission for excavation.

(iii) The written permission to excavate will include the location of all known utility and communications lines not identified in the specifications/drawings and all physical data not covered in the specifications /drawings necessary to minimize utility and communication line outages.

In case Government representatives delay release permission of excavation or instruct Contractor to perform work not covered by contract, Contractor shall, immediately, in writing, inform the Contracting Officer.

GOVERNMENT-FURNISHED UTILITIES

(a) Utilities. Water and electrical power required for the execution of this project will be made available to the

Contractor without charge, in accordance with the contract clause “AVAILABILITY AND USE OF UTILITY SERVICES (APRIL 1984), FAR 52.236-14. Necessary connections to lines shall be made by the Contractor without additional cost to the Government. Electrical connections or temporary installations shall be made in accordance with VDE 0100. No other material, equipment, or services shall be furnished by the Government unless expressly stated elsewhere herein.

Telephones. Telephone facilities shall be made available without charge at a location designated by the Contracting Officer to make calls within the military reservation areas only. Use of telephones in family quarters by the Contractor or his/her employees or Sub-Contractors is strictly prohibited.

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least twelve (12) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

5152.204-4000 U.S. AND HOST NATION HOLIDAYS (June 2016)

US Holidays Work Shall be performed on U.S. holidays occurring during the normal workweek. When a U.S holiday occurs on a Saturday or a Sunday, the holiday is observed on the preceding Friday or following Monday, respectively.

Host Nation Holidays Work Shall Not be performed on local Host Nation* holidays occurring during the normal workweek.

* Local host nation holidays occur in the region/state where contract performance takes place.

The U.S. holidays are: The Netherlands holidays are:

New Year's Day January 1st New Year’s Day 01 January M L King Memorial Day 3d Monday in January Good Friday Varies yearly Presidents' Day 3d Monday in February Easter Monday Varies yearly Memorial Day last Monday in May The Queen’s Birthday 30 April Independence Day July 4th Ascension Day Varies yearly Labor Day 1st Monday in September Whit-Monday Varies yearly Columbus Day 2d Monday in October Christmas Day 25 December Veterans' Day November 11th Boxing Day 26 December

Thanksgiving Day 4th Thursday in November Christmas Day December 25th

The Belgium holidays are: Luxembourg holidays are:

New Year’s Day 01 January New Year’s Day 01 January Easter Monday varies yearly Carnival Monday varies yearly Labor Day 01 May Easter Monday varies yearly Ascension Day varies yearly May Holiday 01 May Bank Holiday varies yearly Ascension Day varies yearly Whit-Monday varies yearly Whit-Monday varies yearly National Independence Day 21 July National Holiday 23 June Assumption 15 August Assumption 01 November All Saints Day 01 November All Souls’ Day 02 November Armistice Day 11 November Christmas Day 25 December Dynasty Day varies yearly Christmas Day 26 December Christmas Day 25 December Boxing Day 26 December

The German national and local holidays are:

New Years Day 01 January Three King's Day (Only in Baden Wurttemberg and Bavaria) 06 January Good Friday varies yearly Easter Monday varies yearly Labor Day 01 May Ascension Day varies yearly Whit Monday varies yearly Corpus Christi (Only in Baden-Wurttemberg, Bavaria, Hessen, varies yearly

Nordrhein- Westphalia,Rhineland-Palatinate and Saarland) Assumption Day (Only in Saarland and Roman Catholic 15 August areas of Bavaria) Day of German Unity 03 October All Saints' Day (Only in Baden-Wuerttemberg, Bavaria, 01 November North Rhine-Westphalia, Rhineland-Palatinate and Saarland) 1st Christmas 25 December 2nd Christmas Day 26 December

(End of local clause)

5152.204-4005 CONVENTIONAL FORCES EUROPE (CFE) TREATY VERIFICATION INSPECTION

(June 2016)

Contractor-owned or controlled structures and containers located on U.S. Government installations are subject to short-notice inspections by CFE treaty inspection teams. The Government will endeavor to provide the Contractor as much notice as possible in the event of such inspections. The contractor shall provide access to such structures and containers at the request of the Government. The Contractor shall report such inspections to the Contracting Officer in writing within ten (10) calendar days of completion of the inspection. Contractor-owned or controlled structures and/or containers on U.S. installations may have to be inspected to comply with the CFE treaty even if Contractor personnel are unavailable to provide access. Any costs borne by the Contractor or any impact on contract performance as a result of the inspection will be a matter of negotiation between the Contractor and the Contracting Officer.

5152.225-4001 INSTALLATION CLEARANCE REQUIREMENTS (June 2016)

(a) 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, Installation Access Control, 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.

(b) The Contractor is responsible for being aware of and complying with the requirements associated with Installation Access Control. The Government is not liable for any costs associated with performance delays due solely to a firm’s failure to comply with Installation Access Control (IAC) processing requirements.

(c) The Contractor is responsible for returning installation passes to the issuing Installation Access Control Office (IACO) when the contract is completed or when a contractor employee no longer requires access.

(d) AE 190-16 (and AE 190-16-G German translation) can be found on the following website:

http://www.hq.usacce.army.mil/

(e) Below is the responsible Organizational Sponsor & Installation Access Control Office for this contract:

Organizational Sponsor: ____Mr. Jean-Luc Duvivier, DPW, USAG Benelux______ Location: _Chievres Air Base, 7950 Chievres, Belgium_Building No: _Hangar #6__ DSN Phone No: __361-5644___ Commercial Phone No: _++32 (0)68 27 56 44____

Installation Access Control Office:

Location: _____PMO Chievres________________Building No: ______134______ DSN Phone No: ___361-5433__ Commercial Phone No: ____068/27-54-33______

5152.236-4001 PERMITS AND RESPONSIBILITIES (June 2016)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable laws, codes, and regulations applicable to the performance of the work. The Contractor shall also take proper safety and health precautions to protect the work, the workers, the public, and the property of others. The Contractor shall be responsible for all damages to persons or property that occur as a result of the Contractor’s fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work that may have been accepted under the contract.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2015

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-6 Brand Name or Equal AUG 1999 52.211-13 Time Extensions SEP 2000 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-50 Alt I Combating Trafficking in Persons (MAR 2015) Alternate I MAR 2015 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-27 Prompt Payment for Construction Contracts MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.243-5 Changes and Changed Conditions APR 1984 52.244-6 Subcontracts for Commercial Items JUN 2016

52.249-1 Termination For Convenience Of The Government (Fixed Price) (Short Form)

APR 1984

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting.

DEC 2015

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.225-7048 Export-Controlled Items JUN 2013 252.225-7993 (Dev) Prohibition on Providing Funds to the Enemy (Deviation

2015-O0016)

SEP 2015

252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997 252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.247-7023 Transportation of Supplies by Sea APR 2014

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT

(FEB 2000)

In the event of inconsistency between any terms of this contract and any translation into another language, the English language meaning shall control.

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

United States law will apply to resolve any claim of breach of this contract.

52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

(a) All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The

Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract.

(b) The Contractor shall obtain the Contracting Officer's approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officer's approval of the material or articles which the Contractor contemplates incorporating into the work. When requesting approval, the Contractor shall provide full information concerning the material or articles. When directed to do so, the Contractor shall submit samples for approval at the Contractor's expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection.

(c) All work under this contract shall be performed in a skillful and workmanlike…