W912PF-16-T-0026.pdf

0010852675

The magnitude of the overall requirement is betw een $25,000 and $100,000 (Euro 22.622,50 and Euro 90.490,00).

This is a competitive acquisition for a single aw ard of a firm-fixed price contract.

PROPOSALS SHALL BE DELIVERED NOT LATER THAN 09 JUNE 2016 AT 03:00 P.M. CENTRAL EUROPEAN TIME (CET) TO THE FOLLOWING ADDRESS: 414TH CSB, REGIONAL CONTRACTING OFFICE (RCO), CASERMA EDERLE, BUILDING 3, VIALE DELLA PACE 193, 36100 VICENZA

PATRIZIA MELONI +39 0444 71 3910

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

02-May-2016

(RFP)

(IFB)

CALL:

New w ater osmosis system Building 55, Del Din site, Vicenza, Italy

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 _______10 calendar days and complete it w ithin ________90 calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________

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.)

X YES 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 ______________09 Jun 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

414TH CSB - PARC AFRICA

ATTN: PATRIZIA MELONI

VIA DELLA PACE #197

36100 VICENZA (VI)

ITALY

W912PF

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

03:00 PM (hour)

Sealed envelopes containing offers

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

HB-44134-5J

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

+39-0444-381280FAX:TEL: +39-0444-713910 TEL: FAX:

W912PF-16-T-0026 59

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

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job New water osmosis system Building 55

FFP

Del Din site, Vicenza Italy, Project no. HB-44134-5J. Referring to the list of work features herewith attached as ATTACHMENT #1, the Offeror shall enter the total price for all work features for the new water osmosis system at building 55, Del Din, identified by the Government. The total price shall include an appropriate apportionment of all costs, direct and indirect, overhead, and profit, including the design effort.

Work shall be performed in strict accordance with the included Statement of Work (SOW) - Section C.

FOB: Destination

PURCHASE REQUEST NUMBER: 0010852675

NET AMT

Section C - Descriptions and Specifications

The Statement of Work (SOW) is attached (Attachment #2)

Section F - Deliveries or Performance

CLAUSES INCORPORATED BY FULL TEXT

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

The Contractor shall be required to (a) commence work under this contract within 10 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 90 calendar days. The time stated for completion shall include final cleanup of the premises.

(End of clause)

CCE 236-4003 NOTICE TO PROCEED (March 2005)

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

CLAUSES INCORPORATED BY REFERENCE

52.233-3 Protest After Award AUG 1996

252.229-7000 INVOICES EXCLUSIVE OF TAXES OR DUTIES (JUNE 1997)

Invoices submitted in accordance with the terms and conditions of this contract shall be exclusive of all taxes or duties for which relief is available.

252.229-7003 TAX EXEMPTIONS (ITALY) (MAR 2012)

(a) As the Contractor represented in its offer, the contract price, including the prices in subcontracts awarded under this contract, does not include taxes from which the United States Government is exempt.

(b) The United States Government is exempt from payment of Imposta Valore Aggiunto (IVA) tax in accordance with Article 72 of the IVA implementing decree on all supplies and services sold to United States Military Commands in Italy.

(1) The Contractor shall include the following information on invoices submitted to the United States Government:

(i) The contract number.

(ii) The IVA tax exemption claimed pursuant to Article 72 of Decree Law 633, dated October 26, 1972.

(iii) The following fiscal code(s): 80028250241.

(2)(i) Upon receipt of the invoice, the paying office will include the following certification on one copy of the invoice:

“I certify that this invoice is true and correct and reflects expenditures made in Italy for the Common Defense by the United States Government pursuant to international agreements. The amount to be paid does not include the IVA tax, because this transaction is not subject to the tax in accordance with Article 72 of Decree Law 633, dated October 26, 1972.” An authorized United States Government official will sign the copy of the invoice containing this certification.

(ii) The paying office will return the certified copy together with payment to the Contractor. The payment will not include the amount of the IVA tax.

(iii) The Contractor shall retain the certified copy to substantiate non-payment of the IVA tax.

(3) The Contractor may address questions regarding the IVA tax to the Ministry of Finance, IVA Office, Rome (06) 520741.

(c) In addition to the IVA tax, purchases by the United States Forces in Italy are exempt from the following taxes:

(1) Imposta di Fabbricazione (Production Tax for Petroleum Products).

(2) Imposta di Consumo (Consumption Tax for Electrical Power).

(3) Dazi Doganali (Customs Duties).

(4) Tassa di Sbarco e d'Imbarco sulle Merci Transportate per Via Aerea e per Via Maritima (Port Fees).

(5) Tassa de Circolazione sui Veicoli (Vehicle Circulation Tax).

(6) Imposta di Registro (Registration Tax).

(7) Imposta di Bollo (Stamp Tax).

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).

2 in 1 Invoice and receiving report

(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.

W582RR

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable”.)

(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 W56FJW Issue By DoDAAC W912PF Admin DoDAAC W912PF inspect By DoDAAC W582RR Ship To Code W582RR Ship From Code N/A Mark For Code W582RR Service Approver (DoDAAC) W582RR Service Acceptor (DoDAAC) W582RR Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “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.

Inspector/Acceptor email: anello.bizzarri3.ln@mail.mil;

Contract Specialist email: patrizia.meloni2.ln@mail.mil;

Vendor pay email: usarmy.vicenza.266-fmc-mbx.266fmc-ifo-cvs-wawf-official@mail.mil.

(Contracting Officer: Insert applicable email addresses or “Not applicable.”)

(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.

http://www.dfas.mil/contractpay/electroniccommerce/wideareaworkflow.htlm

(Contracting Officer: Insert applicable information or “Not applicable.”)

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

ADDENDUM TO 252.232-7006

SUBMITTAL AND RECEIPT OF INVOICES

1) All requests for progress or final payment shall:

a) Address the following substantiation:

i) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

ii) A listing of the amount included for work performed by each subcontractor under the contract.

iii) A listing of the total amount of each subcontract under the contract.

iv) A listing of the amounts previously paid to each subcontractor under the contract.

v) Proof of subcontractors payment (“fatture quietanzate”).

b) Be supported by a COPY CERTIFIED (COPIA AUTENTICATA) and NOT older than ninety (90) days at the time of the request for payment of the Contractor’s DURC (Documento Unico di Regolarità Contributiva). Self certifications (autocertificazioni) are NOT allowed. The document MUST include the following statement: “Con il presente documento si dichiara che l’impresa RISULTA REGOLARE ai fini del DURC”.

c) Include the certification required by FAR clause 52.232-5 -- Payments under Fixed-Price Construction Contracts. If the Contracting Officer determines that the certification is inaccurate in any material respect, the Contracting Officer will initiate administrative or other remedial action and may refer the matter to theagency official responsible for investigating fraud.

2) The Contractor is responsible for returning installation passes to the issuing Installation Access Control Office (IACO) or to the COR when the contract is completed or when a Contractor employee no longer requires access or final payment shall not be made.

IMPORTANT NOTE: Final payments must be authorized by the Contracting Officer.

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

1. ADDITIONAL INFORMATION reference FAR clause 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK {APR 1984), incorporated in full text under SECTION F – DELIVERIES OR PERFORMANCE

These periods include the design and the construction effort performed by the Contractor as well as the Government's review of the design effort performed by the Contractor (7 calendar days from the date the Contractor submit the design to the Government for review). If the Government fails to perform the review within the time specified in this contract, the Contracting Officer shall make an adjustment in the performance dates and shall modify the contract in writing accordingly. However, no adjustment shall be made for any delay in the Government's review if the submittal is incomplete or fails to adequately address the requirement.

2. ADDITIONAL INFORMATION reference FAR clause 52.236-1PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984), incorporated in full text under SECTION I – CONTRACT CLAUSES

a. The contract work accomplished on the site by the laborers on the Contractor's payroll and under its direct supervision shall be the only method to establish compliance with the requirements of this clause.

2. Cost of material and equipment installed by such laborers, and the work performed by Contractor's executive, supervisory and clerical forces shall be excluded.

b. The Contractor shall submit, simultaneously with the schedule required by the FAR clause 52.236- 15 entitled “SCHEDULES FOR CONSTRUCTION CONTRACTS” incorporated by reference under this section of the contract a statement designating the features of contract work that it will perform with its forces to be in compliance with the requirement of this clause.

3. ADDITIONAL WARRANTY COVERAGE REQUIREMENT reference FAR Clause 52.246-21WARRANTY

FOR CONSTRUCTION INCORPORATED IN FULL TEXT UNDER SECTION I – CONTRACT CLAUSES:

Warranty shall continue for a period of 10 years for any work on roof and 2 years for any other work from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 10 years for any work on roof and 2 years for any other work from the date the Government takes possession.

The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to work repaired or replaced will run for 10 years for any work on roof and 2 years for any other work from the date of repair or replacement.

4. DURC

The Contractor shall provide to the Contracting Officer, within thirty (30) calendar days from the date of award of the Contract , a COPY CERTIFIED (COPIA AUTENTICATA) or original and NOT older than ninety

(90) days from the date of award of the contract of the DURC (Documento Unico di Regolarita’ Contributiva).

Self certifications (auto-certificazioni) are NOT allowed. The document must include the following statement:

“Con il presente documento si dichiara che l’impresa RISULTA REGOLARE ai fini del DURC”

5. ANTI-MAFIA LAW REQUIREMENTS

a. Pre-Award Effect of Anti-Mafia Procedure. Inasmuch as the work of this contract is to be performed on land owned by the Italian State, the prospective contractor will be subject to Italian Law No. 646, of 13 September 1982, and subsequent integration and amendments. As much, in the event that prior to award any disciplinary actions or proceedings for Mafia related matters exist against the apparent lower bidder/offeror, no award will be made to said lower bidder/offeror.

b. Termination under Italian Law No. 646 (Anti-Mafia). If during the life of this contract, any proceeding or disciplinary actions contemplated by Italian Law No. 646 of 13 September 1982 (and subsequent amendments and integration) is undertaken against any component of the Contractor or any Subcontractor, the Government can consider this a failure to execute the work and terminate the Contractor’s right to proceed with the work under the "DEFAULT" clause of this contract.

6. PERFORMANCE SPECIFICATIONS

For the accomplishment of this contract, the Government has provided the Contractor with “PERFORMANCE SPECIFICATIONS”. Performance specifications state requirements in terms of the required results with criteria for verifying compliance, but without stating the methods for achieving the required results. In view of the above, the Government shall not be liable for Contractor’s increased costs in achieving the performance requirements unless such a specification embodies requirements objectively impossible to attain. The fact that the Government may specify a minimum requirement for some detail of performance does not transform the “PERFORMANCE SPECIFICATIONS” into a “DESIGN SPECIFICATIONS”.

7. REQUIREMENT FOR REGISTRATION OF DESIGNERS

The design of architectural, structural, mechanical, electrical, civil, or other engineering features of the work shall be accomplished or reviewed and approved by architects or engineers registered to practice in the particular professional field involved in Italy.

8. RECORD DRAWINGS

The Contractor shall maintain at the job site two sets of full-size prints of the contract drawings, accurately marked in red with adequate dimensions, to show all variations between the construction actually provided and that indicated or specified in the contract documents, including buried or concealed construction. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the contract drawings. Existing utility lines and features revealed during the course of construction shall also be accurately located and dimensioned. Variations in the interior utility systems shall be clearly defined and dimensioned; and coordinated with exterior utility connections at the building five-foot line, where applicable.

Existing topographic features which differ from those shown on the contract drawings shall also be accurately located and recorded. Where a choice of materials or methods is permitted herein, or where variations in scope or character of methods is permitted herein, or where variations in scope or character of work from that of the original contract are authorized, the drawings shall be marked to define the construction actually provided. The representations of such changes shall conform to standard drafting practice and shall include such supplementary notes, legends, and details as necessary to clearly portray the as-built construction. These drawings shall be available for review by the Contracting Officer at all times. Upon completion of the work, both sets of the marked up prints shall be certified as correct, signed by the Contractor, and delivered to the Contracting Officer for his approval before acceptance. Requests for partial payments will not be approved if the marked prints are not kept current, and request for final payment will not be approved until the marked prints are delivered to the Contracting Officer.

9. CONTRACTING OFFICER AUTHORITY

In no event shall any understanding or agreement between the Contractor and any Government employee, other than the Contracting Officer on any contract, modification, change order, letter of verbal direction to the Contractor be effective or binding upon the Government. All such actions must be formalized by a proper contractual document executed by an appointed Contracting Officer. The Contractor is hereby put on notice that in the event a Government employee, other than the Contracting Officer, directs a change in the work to be performed, or increases the scope of work to be performed, it is the Contractor's responsibility to make inquiry of the Contracting Officer before making the deviation. Payments will not be made without being authorized by an appointed Contracting Officer with the legal authority to bind the Government.

10. PERFORMANCE COORDINATION

Before starting performance, the Contractor SHALL coordinate the operation with the Contracting Officer's Representative (COR).

11. MATERIAL/ARTICLES SUBMITTAL

a. Making reference to FAR Clause 52.236-5 entitled ‘MATERIAL AND WORKMANSHIP" incorporated under this contract, samples of the material or articles which the Contractor contemplates incorporating into the work shall be submitted for approval to the COR, at no additional cost to the Government, within twenty (20) calendar days after the award or at the pre-construction conference whichever occurs later.

b. At the end of the contract, the Contractor shall submit to the Government, at no additional cost, descriptive literature manuals and operating instructions manuals.

12. ASBESTOS

If the Contractor encounters material suspected of containing asbestos, the project manager shall note those materials and inform the COR on a daily basis. The Contractor shall treat suspected materials as if they contain asbestos until an analysis is possible. The Government will provide the analysis.

13. ACCIDENT PREVENTION

1. Making reference to FAR clause 52.236-13 entitled "ACCIDENT PREVENTION" incorporated under this contract, the Contractor is informed that the U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1 can be directly accessed at:

http://www.usace.army.mil/inet/usace-docs/eng-manuals/em385-1-1/toc.htm The Contractor will maintain an accurate record of, and will report to the Contracting Officer in the manner and on the forms prescribed by the Contracting Officer, all accidents resulting in death, traumatic injury, occupational disease, and damage to property, materials, supplies and equipment incident to work performed under this contract.

2. Compliance with the provisions of this article by subcontractors will be the responsibility of the Contractor.

3. Prior to commencement of the work, the Contractor may be required to

a. submit in writing his proposals for effectuating provision for accident prevention;

b. meet in conference with representatives of the Contracting Office to discuss and develop mutual understandings relative to administration of the overall safety program.

14. HOT WORK PERMIT

The Contractor shall be responsible for coordinating with the Contracting Officer Representative (COR) to obtain a Hot Work Permit from the Directorate of Public Works (DPW) Fire Department before starting any work with an open flame.

15. UTILITY OUTAGES

The Contractor shall obtain the Contracting Officer Representative (COR) approval in order to perform any utility outage under this contract. Utility outages requests shall be submitted in writing to the COR at least fifteen (15) calendar days before any desired utility outage.

16. MEASUREMENTS AND QUANTITIES

nless stated otherwise, all quantities and measurements listed in the specifications, in the drawings, in the sketches and in any other documents provided to the offeror are estimates only. The offeror shall familiarize himself with the job site, determine the extent, nature and scope of work as appropriate. The Government assumes no responsibility for any conclusions or interpretations made by the offeror based on the information made available by the Government.

17. SCHEDULE (PROGRESS CHART)

Making reference to FAR Clause 52.236-15 entitled "SCHEDULES FOR CONSTRUCTION CONTRACTS" incorporated under this contract, the required schedule (progress chart) shall be submitted at the preconstruction conference.

18. ENTRY PASSES

1) Within ten (10) working days after contract award the Contractor shall, for each personnel that will be employed for the performance of this contract, furnish to the COR the form (AE-FORM 190-16A, DEC 09)

– that will be furnished by the COR- duly filled out and supported by the following:

a) 2 photocopies of the personal identification document;

b) 1 passport size picture;

c) 1 certificato del casellario giudiziale or 1 certificato dei carichi pendenti.

2) Failure to obtain entry approval shall not affect the contract price and/or time of completion.

19. MINIMUM INSURANCE REQUIREMENTS

1) Making reference to the Federal Acquisition Regulation (FAR) 52.228-5 Insurance -- Work on a Government Installation (Jan 1997) clause inserted in full text under Section I, the Contractor shall procure and maintain during the entire period of performance under this contract the following minimum insurance coverage:

a) Comprehensive general liability: Euro 400.000,00 per occurrence.

2) Copy of the certificate of the policy shall be provided to the Contracting Officer ten (10) working days after the award of the contract.

3) The Contractor shall also furnish a similar certificate of insurance as evidence of the existence of such coverage of all subcontractors who will work on the job.

4) Insurance policies required herein above shall be taken out with Italian insurance companies or with United States companies legally authorized to conduct this type of business in Italy. Such policies will conform to Italian law and regulation and will meet the following requirements:

a) Contain provisions requiring submission to Italian law and jurisdiction of any problem that may arise in regard to the interpretation or application of the clauses and conditions of the policy.

b) Contain provisions authorizing the insurance company, as subrogee of the insured entity, to attend to directly and to assume, with respect to any person damaged, legal consequence arising from the occurrence of such damages.

c) Not contain any deductible amount or similar limitation.

d) Not contain any provision requiring submission to any type of arbitration.

20. SUBCONTRACTING

1. The Contractor shall submit requests to subcontract any portion of work to be performed under this contract to the Contracting Officer for approval. The following documents shall be submitted to the Contracting Officer for subcontract consent:

a) Name of the Subcontractor.

b) Description of work to be subcontracted.

c) Copy of the subcontracting agreement. The agreement shall be in compliance with Federal Acquisition Regulation (FAR) clause FAR 52.232-27 -- Prompt Payment for Construction Contracts and in particular with paragraph (c) Subcontract clause requirements.

d) Copy of the “Operational Safety Plan" (Piano Operativo di Sicurezz(POS)).

e) If applicable, copy of the proper SOAs of the Subcontractor.

f) Copy NOT older than ninety (90) days at the time of the request for subcontracting of the Subcontractor’s DURC (Documento Unico di Regolarità Contributiva). Self certifications (autocertificazioni) are NOT allowed. The document MUST include the following statement: “Con il presente documento si dichiara che l’impresa RISULTA REGOLARE ai fini del DURC”.

g) Copy NOT older than six (6) months at the time of the request for subcontracting of the

Subcontractor’s Chamber of Commerce Certificate of Membership (Certificato di Iscrizione alla Camera di Commercio). Self-certifications are NOT allowed. The certificate must include a self certification in the format of Enclosure # 3.

h) Copy of the certificate of insurance in accordance with the requirement of “MINIMUM INSURANCE

REQUIREMENTS”

2. Failure of the Contractor to obtain an approval for subcontracting from the Contracting Officer, will result in a suspension of the portion of work subcontracted until the required approval is obtained.

3. The suspension will not entitle the Contractor to an extension to the period of performance or to an adjustment for any increase in the cost of performance.

21. CONTRACTOR RESPONSIBILITY

1) 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.

2) 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.

3) 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).

4) NOTE: UNDER NO CIRCUMSTANCES SHALL CONTRACTOR STORE FLAMMABLE

MATERIAL WITHIN GOVERNMENT BUILDINGS.

5) 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.

6) Protective Measures. In addition to FAR 52.236-9 “PROTECTION OF EXISTING VEGETATION, 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.

7) 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.

8) 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.

9)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.

22. GOVERNMENT-FURNISHED UTILITIES

1) 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.

2) 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.

23. SHOP DRAWINGS

Making reference to FAR clause 52.236-21 -- SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997) ALTERNATE I (APR 1984) shop drawings are required.

24. REMOVAL OF CONTRACTOR'S EMPLOYEES

The Contractor agrees to utilize only experienced, responsible and capable people in the performance of the work. The Contracting Officer may require that the Contractor removes employees who endanger persons or property, or whose continued employment under this contract is inconsistent with the interests of military security.

25. CONTRACT MANAGER

1) The Contractor shall provide a contract manager who shall be responsible for the performance of work. The name of this person and an alternate(s) who shall act for the contract manager when he/she is absent shall be designated in writing to the Contracting Officer or his/her designee prior to start performance .

2) The contract manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract.

3) The contract manager or alternate shall be available during normal duty hours within sixty (60) minutes to meet at the job site with the Contracting Officer or designee to discuss problem areas. The Contractor shall provide to the Contracting Officer or designee the telephone number of the person(s) to call should the need arise.

4) The contract manager or alternate shall be capable of explaining the work operations and receiving instructions in the English language. 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.

26. TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

a. This requirement specifies the procedure for determining time extensions for unusually severe weather, in accordance with the Contract Clause FAR 52.249-10 – DEFAULT (FIXED PRICE CONSTRUCTION).

In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

o The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

o The unusually severe weather must actually cause a delay to the completion of the project.

The delay must be beyond the control, and without the fault and negligence, of the Contractor.

b. The following schedule of monthly anticipated adverse weather delays for the project location is based on the Italian Weather Agency (Bollettino Meteorologico) and will constitute the base line for monthly weather time evaluations. The Contractor’s progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities.

Monthly Anticipated Adverse Weather (Calendar Days):

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

(8) (7) (10) (8) (5) (3) (3) (3) (5) (10)

(10) (8)

c. Upon acknowledgement of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor shall record on the daily Contractor Quality Control (CQC) report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor's scheduled work day.

The number of actual adverse weather delay days shall include days impacted by actual adverse weather, even if the adverse weather occurred in the previous month, be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph 2 above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification for time, in accordance with the FAR 52.249-10 – DEFAULT (FIXED PRICE

CONSTRUCTION).

27. ENVIRONMENTAL PROTECTION

1. General: The Contractor shall be responsible for providing a plan for the prevention of environmental pollution during and as a result of construction operations under this contract. During the Pre-Construction Conference, the Contractor will meet with representatives of the Contracting Officer to develop an understanding of the environmental pollution control program.

2. Protection of Land Resources: The land resources outside the limits of permanent work shall be preserved in its present condition, or restored to its original condition, after completion of construction. The Contractor shall confine his construction activities to areas defined by the plans or specifications.

3. Prevention of Landscape Defacement: Except in areas shown on plans or specified to be cleared, the Contractor shall not deface, injure or destroy trees or shrubs, nor remove or cut them, without the written authorization from the Contracting Officer. Survey monuments or markers shall be protected before operations in the vicinity of the survey markers.

4. Restoration of Landscape Damage: Any landscape feature damaged by the Contractor’s operation shall be restored to its original condition at the Contractor’s expense. The Contracting Officer will decide what method of restoration shall be used.

5. Temporary Excavation and Embankments: If the Contractor proposes to construct temporary roads or embankments and excavations for plant and/or work areas, the Contractor shall submit for approval at least seven (7) calendar days prior to scheduled start of such temporary work:

a. A layout of all temporary roads, excavations and embankments to be constructed within the work area.

b. Details of the completed borrow excavations.

6. Post-Construction Cleanup: The Contractor shall remove all signs of temporary construction such as haul roads, work areas, structures, foundations of temporary structures, and stockpiles of materials.

7. Protection of Water Resources: The Contractor shall not pollute streams or drainage courses with fuels, oils, bitumen, calcium chloride, acids, construction wastes, or other harmful materials. The Contractor is responsible for investigating and complying with all applicable local laws and directives concerning pollution. All work shall be performed so that objectionable conditions will not be created.

8. Erosion Control: Prior to the start of construction, the Contractor shall submit a plan for approval of the Contracting Officer showing his methods for controlling erosion and disposing of wastes. Fills and waste areas shall be constructed by selective placement to eliminate silts or clays on the surface that will erode and contaminate adjacent streams and reservoirs.

9. Spillage: Special measures shall be taken to prevent chemicals, fuels, oils, greases, bituminous materials, waste washings, herbicides and insecticides, cement and other contaminants from contaminating the soil and ground water, or from entering streams.

10. Disposal: Disposal of any materials, wastes, effluents, trash, garbage, oil, grease, chemicals, etc., shall be subject to the approval of the Contracting Officer. Ground which has been contaminated by Contractor activities shall be excavated and disposed of as directed by the Contracting Officer, and replaced with suitable fill material, compacted and finished with top soil, at the Contractor’s expense.

28. PROMPT PAYMENT TO SUBCONTRACTORS AND OR SUPPLIERS

The undersigned Contractor expressly agrees to strictly comply with the requirement of the Federal Acquisition Regulation (FAR) clause FAR 52.232-27 -- Prompt Payment for Construction Contracts and in particular with paragraph (c) Subcontract clause requirements.

The Contractor fully understands that failure to comply with the aforementioned clause, unless the failure arises out of causes beyond the control and without the fault of negligence of the Contractor, will be considered by the Government as a violation of the Prompt Payment Act.

Contractor’s Name _________________________

Signature ________________________________

Date ________________________________

29. PERFORMANCE AND PAYMENT BONDS -- CONSTRUCTION

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

“Original contract price” means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $100,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance Bonds. The penal amount of performance bonds at the time of contract award shall be ten (10) percent of the base project price for the entire life of the contract.

Additional bonds may be requested for all options.

(2) Payment Bonds. The penal amount of payment bonds at the time of contract award shall be ten (10) percent of the base project price for the entire life of the contract. Additional bonds may be requested for all options.

(3) Additional bond protection.

(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal ten (10) percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of a firm commitment supported BY A

REGISTERED BANK.

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). N/A

30. OMISSIONS AND VARIATIONS

1. Anything mentioned or shown in any of the Government's documents provided to the Contractor under this contract (i.e., drawings, general work requirement, etc.) and not mentioned or shown in any of the Contractor's documents submitted to the Government for approval (i.e., shop drawings, etc.) shall be of like effect as if mentioned or shown in the Contractor's documents submitted to the Government for approval.

2. If the Contractor proposes higher standards than the minimum required, then the proposed standards govern.

3. However, if the Contractor's documents show any variations from the Government's documents, the Contractor shall, at the time of the submission, put the Government on notice by:

a. Clearly indicating, in writing, that he intends to make a variation; and

b. Describing in details such variation.

This is to allow the Government to evaluate and approve or disapprove such variation.

4. Any failure of the Contractor to take the actions described in the above paragraph “3” will not relieve the Contractor from the responsibility to perform in strict accordance with the Government's documents.

31. RESPONSIBILITY OF THE CONTRACTOR FOR THE DESIGN

(a) The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by the Contractor under this contract. The Contractor shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services.

(b) Neither the Government's review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract, and the Contractor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor's negligent performance of any of the services furnished under this contract.

(c) The rights and remedies of the Government provided for under this contract are in addition to any other rights and remedies provided by law.

(d) If the Contractor is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder.

GOVERNMENT RIGHTS

The Government shall have unlimited rights in all drawings, designs, specifications, notes and other works developed in the performance of this contract, including the right to use same on any other Government design or construction without additional compensation to the Contractor. The Contractor hereby grants to the Government a paid-up license throughout the world to all such works to which he may assert or establish any claim under design patent or copyright laws. The Contractor for a period of three (3) years after completion of the project agrees to furnish the original or copies of all such works on the request of the Contracting Officer.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.204-7 Alt I System for Award Management-- Alternate I JUL 2013 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 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 52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.236-4 Physical Data APR 1984 52.236-5 Material and Workmanship APR 1984…