W912PF-16-T-0033_0001.pdf

W912PF-16-T-0033

SEE SCHEDULE E8-44013 4J

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The intent of this amendment is the follow ing:

See continuation page for details.

A conform copy solicitation is provided to the offerors.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 22

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 27-Apr-2016

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912PF-16-T-0033

X 9B. DATED (SEE ITEM 11)

05-Apr-2016

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

26-Apr-2016

CODE

414TH CSB - PARC AFRICA

ATTN: PATRIZIA MELONI

VIA DELLA PACE #197

36100 VICENZA (VI)

ITALY

W912PF 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

1. To revise Section B, CLIN Structure;

2. To revise FAR Clause 52.211-10, Commencement, Prosecution and Completion of Work in Section F;

3. To revise Local Clause CCE 236-4003 Notice to Proceed in Section F;

4. To revise FAR Clause 52.211-12 Liquidated Damages - Construction in Section I;

5. To revise DFAR Clause 252-236-7001 Contract Drawings and Specifications in section I;

6. To revise the Table of content, List of Documents , Exhibits and Other Attachments in Section J;

7. To revise the Instruction, Conditions and Notices To Bidders in Section L;

8. To revise the Evaluation Factors for Award in Section M.

SUMMARY OF CHANGES

SECTION B - SUPPLIES OR SERVICES AND PRICES

CLIN 0001

The CLIN extended description has changed from:

at Building 53, Del Din site, Vicenza Italy. Project no. E8-44013-4J. Referring to the list of work features herewith attached as ATTACHMENT #1, the Offeror shall enter the total price for all work features for building #53 of the project, 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.

To:

at Building 53, Del Din site, Vicenza Italy. Project no. E8-44013-4J. Referring to the list of work features herewith attached as ATTACHMENT #1, the Offeror shall enter the total price for all work features for building #53 of the project, 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.PHASE ONE DESIGN.-.

CLIN 0002 is added as follows:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job Installation of water softener

FFP

at Building 53, Del Din site, Vicenza Italy. Project no. E8-44013-4J. Referring to the list of work features herewith attached as ATTACHMENT #1, the Offeror shall enter the total price for all work features for building #53 of the project, identified by the Government. The total price shall include an appropriate apportionment of all costs, direct and indirect, overhead, and profit.

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

PHASE TWO CONSTRUCTION.

FOB: Destination

PURCHASE REQUEST NUMBER: 0010831790-0001

NET AMT

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

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

SECTION E - INSPECTION AND ACCEPTANCE

The following Acceptance/Inspection Schedule was added for CLIN 0002:

INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

Destination Government Destination Government

SECTION F - DELIVERIES OR PERFORMANCE

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 after the contractor receives:

1. A Notice to Proceed letter for Design Phase. Performance period 30 calendar days;

2. A Notice to Proceed letter for Construction Phase. Performance period 60 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______] One notice to proceed letter will be issued for Design Phase (30 calendar days) [___X______] One notice to proceed letter will be issued for Construction Phase (60 calendar days)

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

SECTION G - CONTRACT ADMINISTRATION DATA

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 the agency 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 52.236-1

PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984),

incorporated in full text under SECTION I – CONTRACT CLAUSES

1. 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.

3. 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. 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”

4. ANTI-MAFIA LAW REQUIREMENTS

1. 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.

2. 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.

5. 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”.

6. 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.

7. 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.

8. 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.

9. PERFORMANCE COORDINATION

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

10. SUBMITTAL

1. 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.

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

11. 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.

12. 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.

13. 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.

14. 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.

15. MEASUREMENTS

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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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.

22. 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.

23. 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.

24. 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.

25. 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).

26. 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.

27. 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 ________________________________

SECTION I - CONTRACT CLAUSES

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:

Euro 122,49 ($135,36) for each calendar day of delay during the Design Phase Euro 122,49 ($135,36) for each calendar day of delay during the Construction Phase 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.

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

See the list under the description of CLIN 0001 and CLIN 0002

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

TABLE OF CONTENT

ATTACHMENT #1 LIST OF WORK FEATURES

ATTACHMENT #2 REVISED STATEMENT OF WORK (SOW) CONSISTING OF 19

PAGES

ATTACHMENT #3 DRAWINGS CONSISTING OF 4 SHEETS

ENCLOSURE #1 PAST PERFORMANCE QUESTIONNAIRE

ENCLOSURE #2 SAFETY PLAN (PSC) PROVIDED ELECTRONICALLY

ENCLOSURE #3 SELF CERTIFICATION FOR ANTI-MAFIA COMMUNICATION

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

INSTRUCTION TO OFFERORS

OFFER SUBMISSION

GENERAL GUIDELINES

1. Offerors shall have an active registration in the System for Award Management (http://www.sam.gov) upon award. If registration prior to award is not possible, the awardee shall be registered in the SAM database within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

The System for Award management (SAM) is a Federal Government owned and operated free web site that consolidates the capabilities in the Central Contractor Registration (CCR) FedReg, ORCA and EPLS.

2. Joint Ventures and A.T.I. are not authorized for this procurement.

3. This solicitation is being conducted using FAR Part 13 Simplified Acquisition Procedures. Award will be made using Lowest Price Technically Acceptable criteria.

1. OFFER SUBMISSION

a. Offeror (s) shall provide quotes (IN ENGLISH) in accordance with the instructions below. Offers shall consist of one electronic copy (PDF format). The electronic copy (PDF format on a CD or DVD) will be delivered to the following address: 414th CSB, Regional Contracting Office(RCO), Caserma Ederle, Building 3, Viale della Pace 193, 36100 Vicenza. There are two evaluation factors. The Offeror’s offer shall consist of four (4) separate volumes as noted in the table below. Each volume shall be clearly identified and shall begin at the top of a page. A page, for purposes of this request for quote (RFQ), is defined as one side of standard paper; font Times New Roman, size 11.

b. Each part of the offer shall be organized and provided as follows:

Volume Description Total Maximum Allowed Pages

Volume CD Description/Title I 1 Factor I – Technical Offer IA Sub-factor A – Project work schedule IB Sub-factor B – Mandatory Documents II 1 Factor II – Past Performance

III Factor III – Price (Solicitation, Offer, and Award, Standard Form 1442)

IV 1 Documentation for Determination of Responsibility

2. OFFER CONTENT

a. Volume I – Technical Offer

Offeror shall prepare a written technical offer that will detail their capabilities and approach to meeting the minimum requirement in the RFQ. The Technical offer must clearly describe the Offeror’s proposed solution to the requirements of the RFQ. The Technical Offer shall contain the following:

i. Sub-factor A: PROJECT WORK SCHEDULE:

Offerors shall submit one (1) Gantt Chart for a period of performance of 30 calendar days for Design Phase and 60 calendar days for Construction Phase. The Gantt chart should address, as a minimum, each of the following:

the design effort;

the Government review of the design (7 calendar days);

the construction effort defining those tasks and subtasks that are essential for the accomplishment of this project and identify timing constraints associated with the specific task or subtask to be performed, and the anticipated duration in calendar days. This shall also include but is not limited to the following milestones:

equipment delivery and installation time.

ii. Sub-factor B: Mandatory Documents:

All the following documentation is required in accordance with the Italian requirement and Laws. The offeror shall provide with the proposal the following documentation:

SOA CERTIFICATION: A current copy of the SOA OG 11, CLASSIFICATION I or higher.

DURC: a copy NOT older than ninety (90) days at the time set forth for the receipt of the offer of the 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” (We hereby declare that the firm IS IN COMPLIANCE with the DURC requirements).

b. Volume II – PAST PERFORMANCE

i. The information shall be presented by completing the Past Performance Questionnaire (see Enclosure #1 of this document), one for each contract. It is the offeror’s -or the single firms that constitute the Pool of Firms (Consorzio)- responsibility to provide accurate points of contact, current telephone numbers and e-mail addresses for each identified contract. Offeror shall submit complete Past Performance Questionnaires (PPQ) for two (2) relevant projects ongoing or completed within the past five (5) years from the solicitation release date.

The above mentioned questionnaires are to be submitted with the offer. For the purpose of this solicitation, performance relevancy is performance that is similar in scope to the scope of work required by this solicitation.

Scope includes but is not limited to: furnish and install a water softener.

For the purpose of this solicitation, a performance is recent if occurred within the last five (5) years from the solicitation release date.

Offeror can provide past performance information for Federal, State, local government and/or private contracts.

ii. The offeror shall provide the information requested above or affirmatively state that it possesses no current and/or relevant past/present performance.

iii. It is the responsibility of the offeror to provide accurate points of contact and alternate points of contact, current telephone numbers, facsimile numbers, and e-mail addresses for each identified contract.

iv. The offeror is highly encouraged to submit past performance information with: photos or drawings of the projects performed; evidence of customer satisfaction such as performance evaluation, special commendation, recognition, letters of appreciation, awards of excellence, offeror’s quality certifications etc.; as long as these references are relevant to the effort set out in this solicitation; Test Certificates (Certificati di Collaudo) or Certificates of Workmanlike Performed (Certificati di Regolare Esecuzione) as long as these certificates are relevant to the effort set out in the solicitation; copy of DD Form 2626, Performance Evaluation (Construction), forprojects performed on behalf of the Government, as long as these of DD Forms 2626 are relevant to the effort set out in this solicitation.

While the Government may elect to consider data from other sources, the burden of providing detailed, current accurate and complete past performance information rests with the offeror.

c. Volume III – Price (Solicitation, Offer, and Award, Standard Form 1442)

Each offeror shall provide a total price in Euro and without IVA tax for each line item listed in Section B – SUPPLY OR SERVICES AND PRICES/COSTS of the request for quotation. Failure to submit a total price for all the line items will cause the rejection of the quotation as not conforming to the requirement.

The price offer will be reviewed for completeness and reasonableness. An assessment of the reasonableness of each proposed price will be made to determine if it is fair and reasonable.

The Government will evaluate the price offer to ensure a fair and reasonable price by using one or more of the following price analysis techniques:

1) Comparison of proposed prices received in response to the solicitation.

2) Comparison of proposed prices with the Government estimate.

3) Comparison of proposed prices with available historical information.

Unbalanced or unreasonable pricing may cause a offer to be determined unacceptable, or cause a reduction in price offer rankings. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A offer may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

The following shall be filled in by the offeror: blocks 14, 15, 20A, 20B, 20C. The entire solicitation (SF- 1442), ATTACHMENT 1, and Enclosure 1 and 3 shall be returned duly filled out. Offerors shall sign and date:

a. PROMPT PAYMENT TO SUBCONTRACTORS AND OR SUPPLIES (Section H)

b. 52.233-1 DISPUTES

c. 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM

d. 252.232-7008 ASSIGNMENT OF CLAIMS

e. CCE 204-4004 NON APPLICABILITY OF ITALIAN CIVIL CODE

f. CCE-233-4001 CHOICE OF LAW

g. DEVIATION 2015-O0010 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN

INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION (DEVIATION 2015-O0010)

(FEB 2015)

d. VOLUME IV – Documentation For Determination Of Responsibitity

1. CERTIFICATE OF CHAMBER OF COMMERCE: a copy NOTolder than six (6) months at the time set forth for the receipt of the offer of the Chamber of Commerce Certificate of Membership (Certificato di Iscrizione alla Camera di Commercio). The certificate must include a self-certification for AntiMafia comunication in the format of Enclosure # 3.

2. ESTABLISHMENT OF A POOL OF FIRMS (CONSORZIO): a certified copy (copia autenticata) of the notarized legal document that established the Pool of Firms (Consorzio) and names and addresses of the associated firms proposed to perform the work.

SECTION M - EVALUATION FACTORS FOR AWARD

1. EVALUATION FACTORS

The solicitation provides for the following three (3) evaluation factors: NON PRICE-FACTORS:

FACTOR I – TECHNICAL OFFER

SUB FACTOR A – PROJECT WORK SCHEDULE

SUB FACTOR B – MANDATORY DOCUMENTS

FACTOR II – PAST PERFORMANCE

PRICE FACTOR:

FACTOR III – PRICE

2. The award will be made on the basis of the lowest evaluated price technically acceptable offer. Technically acceptable offers are those offers meeting or exceeding the acceptability standards for the two (2) non-price factors, and the two (2) sub-factors set forth in this Section. Offerors are put on notice that:

i. The two (2) non-price factors and the two (2) sub-factors will be rated “acceptable” or “unacceptable”.

ii. Offers are evaluated for acceptability but not ranked using the non-price factors.

iii. Tradeoffs are not permitted.

iv. Offers are not compared to each other on an “acceptable”/“unacceptable”.

3. In order to be eligible for an award, an offeror must:

i. Meet the minimum requirements of the solicitation and;

ii. Be rated “ACCEPTABLE” on the two (2) Non-Price Factors, to include the two (2) sub factors.

4. Once the Source Selection Authority (SSA) has identified the offerors whose offers are acceptable in the non- price factor, he/she will make the source selection decision only on the basis of a price analysis.

5. The source selection authority may reject all offers received in response to a solicitation, if doing so is in the best interest of the U.S. Government.

6. While the U.S. Government will strive for maximum objectivity, the evaluation process of the non-price factors, by its nature, is subjective and…