SolicitationW912PF17R0018.pdf

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Repair Laundrette Utilities System Bldg. 724, Camp Darby
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W912PF-17-R-0018
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0011017462

SONIA ZANOBINI 39-050-54-8364

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

31-May-2017

(RFP)

(IFB)

X

CALL:

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 ________390 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________Section F

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 ______________06 Jul 2017 (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 X is, 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 RCO ITALY SUBOFFICE LIVORNO

VIA AURELIA, EDIFICIO 5131

ZONA DEPOSITO

56128 TIRRENIA (PISA)

W912PF

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

12:00 PM (hour)

Sealed envelopes containing offers

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

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

39-050-54-8289FAX:TEL: 39-050-54-8365/4 TEL: FAX:

W912PF-17-R-0018 72

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 A - Solicitation/Contract Form

SECTION A

A. The magnitude of this project is between $250,000 (Euro 224,750.00) and $500,000 (Euro 449,500.00) (Rate used: $1 = Euro 0.8990) B. To be awarded a government contract you MUST have DUNS (Dun & Bradstreet) (http:fedgov.dnb.com/webform) and NCAGE (www.dlis.dla.mil/Forms/Form_AC135.asp) numbers and to be registered in System for Award Management (SAM) website (https://www.sam.gov/portalpublic/sam/) C. See clause 52.236-17 ALT I for site visit information D. Request for Information (RFI) will be accepted until 7 (working days) before the closing date as identified on Page 1, Block 13A E. The Government’s payment for the items listed here below shall constitute full compensation to the Contractor for:

1. Providing all the design; and

2. Furnishing all plant, labor, equipment, appliances, materials; and

3. Performing all operations required to complete the work in conformity with all Italian and US Federal Laws indicated in this solicitation.

F. PRICE IN EURO

Notwithstanding any other provision in this contract, Offerors shall submit proposals in response to this solicitation in EURO.

G. DESIGN BUILD

For this project, the US Government intends to combine design and construction in a single contract with one contractor. The US government has developed in-house a scope of work statement that defines the project and provides prospective offerors with sufficient information regarding the US Government’s requirements to enable the offerors to submit proposals which meet the US Government’s needs. The work statement inclusive of drawings is herewith attached.

NOTE:

Vendors are required to indicate the cost for the design of "Repair Laundrette Utilities System Bldg. 724, camp Darby" in strict accordance with all terms and conditions of the work described in the Scope of Work/Performance Work Schedule..

FOR INFORMATION ONLY: Please indicate the cost of Design at contract line item 0001.

H. NON AVAILABILITY OF FUNDS

Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are made available.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Repair Laudrette Utilities Sys Bldg 724

FFP

The Contractor shall furnish all labor, equipment, materials and transportation necessary for the accomplishment of the work in strict accordance with the Scope of Work / Performance Work Schedule Project ED 00161-6 "General Repair Laundrette Bldg. 724 Camp Darby" consisting of 21 pages and 3 enclosures dated 03 April 2017, Technical Specifications consisting of 132 pages and Drawings consisting of 7 sheets (CAD format) dated June 2017, 2 sheets (TIFF format) dated July 1996, 4 sheets (TIFF format) dated June 1997 and 3 sheets (TIFF format) dated April 1953).

NOTE:

Offerors are required to indicte the cost of design of "Repair Laundrette Utilities System Bldg. 724, Camp Darby" in strict accordance with all terms and conditions of the work described in the Scope of Work / Performance Work Schedule

FOR INFORMATION ONLY:

Please indicate the cost of design : EURO ____________________ FOB: Destination

PURCHASE REQUEST NUMBER: 0011017462

NET AMT

Section C - Descriptions and Specifications

SECTION C

See Section J for the list of the attached documents

Section D - Packaging and Marking

SECTION D

Not Applicable

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction AUG 1996

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 390 dys. ADC 1 W6LF USAG USA GARRISON LIVORNO

W6LF USAG USA GARRISON LIVORNO

UNIT 31301

APO AE 09613

049-631-413-8182 FOB: Destination

W582TM

52.211-13 Time Extensions SEP 2000

CLAUSES INCORPORATED BY FULL TEXT

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 175.00 for each calendar day of delay until the work is completed or accepted.

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

(End of clause)

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 (ten) 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 390 (three hundred and ninety) calendar days after the issuance of notice to proceed..

* The time stated for completion shall include final cleanup of the premises.

Note:

- The Government intends to issue two separate Notice to Proceed. The first notice to proceed will be issued for the design phase and the second one will be issued for the construction phase.

- The number of days for the design phase (including the time to get passes and the time required by the Government to provide review comments to Contractor for each planned submittal) is 150 (one hundred and fifty) calendar days.

- The number of days for the construction phase is 240 (two hundred and forty) calendar days.

Section H - Special Contract Requirements

SECTION H

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.

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 contractor when the manager is absent shall be designated in writing to the Contracting Officer or 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.

ENTRY PASSES

1. Within 10 working days after contract award, the Contractor shall submit, to the COR, completed

Applications for USAREUR Installation Pass forms for each person that will be employed for the performance of this contract. The forms will be issued at the pre-performance meeting. The forms must be supported by the following documentation.

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.

SCHEDULE (PROGRESS CHART)

Reference to FAR Clause 52.236-15 entitled "SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)" incorporated under this contract. The contractor shall submit the required schedule (progress chart) at the pre-construction (post-award) conference.

PERFORMANCE COORDINATION

Before starting performance, the Contractor SHALL coordinate the operation with the COR.

SUBSTITUTION OF PROPOSED FIRM(S)

If the award is made to a Permanent Pool of Firms (Consorzio Stabile), the Contractor shall make no substitution of the firm(s) that it has proposed to perform the work during the evaluation phase unless the firm(s) goes/go out of business. In this case, the Permanent Pool of Firms shall provide to the Contracting Officer the names of at least five (5) proposed substitutions with comparable or better qualification, past performance, and technical competence to the firm being replaced, and any additional information requested by the Contracting Officer. The Contracting Officer will notify the Contractor within ten (10) calendar days after receipt of all required information of the decision on substitution.

SUBCONTRACTING

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 for subcontract consent.

1. Description of Work to be subcontracted

2. Name(s) of the Subcontractor(s)

CONTRACTOR RESPONSIBILITY

1. Contractor Supervision. Pursuant to FAR Clause 52.236-6 “SUPERINTENDENCE BY THE

CONTRACTOR (APR 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 Clause 52.236-13

“ACCIDENT PREVENTION (NOV 1991)”, Contractor shall comply with Host Nation Safety Regulations.

If a prime contractor subcontracts work, the prime contractor will be responsible to verify the professional technical capabilities of its subcontractors in accordance with attachment XVII of Italian DLGS 81/2008. 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 Clause 52.236-9 “PROTECTION OF EXISTING

VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR

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 Clause 52.236-12 “CLEANING UP (APR 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.

10. Disposal. Any disposal of material required under this contract shall be performed, without additional expenses to the Government, in strict accordance with all applicable Italian Laws. Disposal on Government installations/facilities is strictly prohibited.

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.

ACCIDENT PREVENTION

1. In accordance with FAR Clause 52.236-13 "ACCIDENT PREVENTION (NOV 1991)", the U.S. Army

Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1 can be accessed at:

http://www.usace.army.mil/SafetyandOccupationalHealth/SafetyandHealthRequirementsManual.aspx

2. 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.

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

4. 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.

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.

UTILITY OUTAGES

The Contractor shall obtain the COR approval in ordre to perform any utility outage under this contract. Utility outages requests shall be submitted in writing to the COR at least 15 calendar days before any desired utility outage.

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.

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 FAR Clause 52.236-14 “AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984). 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.

TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1. This requirement specifies the procedure for determining time extensions for unusually severe weather, in accordance with FAR Clause FAR 52.249-10 “DEFAULT (FIXED PRICE CONSTRUCTION (APR 1984)”. In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

a. 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.

b. 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.

2. 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

3. 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.

4. 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 Clause 52.249-10 “DEFAULT (FIXED PRICE

CONSTRUCTION) (APR 1984).

PRE FINAL AND FINAL INSPECTION

1. Prior to the final inspection, the Contracting Officer has the right to schedule one, or more than one, pre-final inspection if he/she determines it necessary. The pre-final inspection(s) will be conducted jointly among the Contractor, the COR, and appropriate Government personnel. Any discrepancies noted shall be corrected prior to any final inspection.

2. When the project is ready for final inspection, the Contractor shall request final inspection in writing to the

Contracting Officer at least two (2) calendar days before the desired date of inspection.

ADDITIONAL REQUIREMENTS FOR INVOICES AND PAYMENTS

All requests for progress payments and final payment shall include the following supporting documentation:

Proof of subcontractors’ payment ("fatture quietanzate”).

1. Be supported with a COPY CERTIFIED (COPIA AUTENTICATA) and NOT older than 120 days at the time of the request for payment of the Contractor's DURC (Documento Unico di Regolarita Contributiva). Self-certifications (autocertiftcazioni) are NOT allowed. The document MUST include the following statement: "Con il presente documento si dichiara che l'impresa RISULTAREGOLARE ai fini del DURC".

2. The documents stated above shall be uploaded in Wide Area Workflow (WAWF) in accordance with 252.232-7006 Wide Area WorkFlow Payment Instructions.

INSTRUCTIONS FOR CONTRACTOR'S QUALITY CONTROL PLAN

The contractor will coordinate with the COR (or receiving activity, if no COR has been appointed) to establish a Contractor's Quality Control Plan (CQCP).

The contractor will provide a copy of the CQCP annotated with the contract number to the COR at the pre-performance conference. The COR will submit an approved copy to the Contracting Officer.

In addition to any requirements in the specification or statement of work, the contractor's quality control plan must have as a minimum:

- Identification and clearly defined authority of key personnel under the contractor's organization.

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

- The names of firms or individuals tasked to perform inspections and the extent of their authority. This may be in the form of an organization chart or other form approved by the contracting officer's representative (COR).

- Proposed test methods, including names of technicians or qualified testing laboratories to be used, if applicable.

Tests must be specified.

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

- A method of documenting and enforcing quality control operations of both prime and subcontractor work, including inspection and testing.

- Key control, internal control or security procedures, if applicable.

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

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

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

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

CONTRACTOR IDENTIFICATION REQUIREMENT

All contractor personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious are required to identify themselves as such to avoid being mistaken for Government officials. Contractors performing work at Government workplaces will provide their employees with an easily readable identification (ID) badge indicating the employee’s name, the contractor’s name, the functional area of assignment, and a recent color photograph of the employee. Contractors shall require their employees wear the ID badges visibly when performing work at Government workplaces. Contractor personnel must also ensure that all e-mails, documents or reports they produce are suitably marked as contractor products or that contractor participation is appropriately disclosed.

INSTALLATION CLEARANCE REQUIREMENTS

(a) Access to U.S. installations and controlled areas is limited to personnel who meet security criteria and are authorized by Host Nation law to work in that country. Failure to submit required information/data and obtain required documentation or clearances in accordance with AE Regulation 190-16, Installation Access Control, will be grounds for denying access to U.S. installations and controlled areas. The Contractor is responsible to ensure that any Subcontractor used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any Subcontractor utilized by the contractor, are made aware of and comply with these requirements.

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

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

(d) AE 190-16 (and AE 190-16-G German translation) can be found on the following website: http://www.ecc-e.army.mil/ under the library link

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

Organizational Sponsor: _______DPW - Mr De Rosa______________________ Location: __Depot Area_______________________Building No: ____5155_______ DSN Phone No: _633-7894________ Commercial Phone No: ___050-547894____ Installation Access Control Office: Installation Pass & Badge Office Location: _Camp Darby______________________Building No: ____302_________ DSN Phone No: ___633-7369___________ Commercial Phone No: _050-547369___

U.S. AND HOST NATION HOLIDAYS

U.S. Holidays: Work shall not be performed on U.S. holidays occurring during the normal work week unless otherwise directed by the Contracting Officer. When a U.S. Holiday occurs on a Saturday or a Sunday, the Holiday is observed on the preceding Friday or following Monday, respectively.

Host Nation Holidays: Work shall not be performed on local Host Nation* Holidays occurring during the normal workweek unless otherwise directed by the Contracting Officer.

* Local Host Nation Holidays occur in the Provence (Provincia) or Region (Regione) where contract performance takes place.

U.S. Holidays:

Name of U.S. Holiday Date

New Year’s Day January 1

Martin Luther King, Jr. Day 3rd Monday of January

Washington’s Birthday / President’s Day 3rd Monday of February

Memorial Day Last Monday of May

Independence Day July 4

Labor Day 1st Monday of September

Columbus Day 2nd Monday of October

Veterans’ Day November 11

Thanksgiving 4th Thursday of November

Christmas Day December 25

Host Nation Holidays:

English Name of Host Nation Holiday Italian Name Holiday Date

New Year’s Day Capodanno January 1

Epiphany Day Epifania January 6

Easter Monday Pasquetta Monday after Easter

Liberation Day Festa della Liberazione April 25

Labor Day Festa del Lavoro May 1

Local Public Holiday* Saint Giulia May 22

Republic Day Festa della Repubblica June 2

Local Public Holiday* Saint Ranieri June 17

Ferragosto / Assumption Day Ferragosto and Assunta August 15

All Saints’ Day Tutti i santi (or Ognissanti) November 1

Immaculate Conception Day Immacolata Concezione December 8

Christmas Day Natale December 25

Saint Stephen’s Day Santo Stefano December 26

(End of local clause)

Section I - Contract Clauses

52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) -

Alternate I

APR 1984

52.236-21 Specifications and Drawings for Construction FEB 1997 52.232-18 Availability Of Funds APR 1984

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

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 50 (fifty) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (APR 2014)

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

"Components" means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.

"Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

"Foreign-flag vessel" means any vessel that is not a U.S.-flag vessel.

"Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.

"Subcontractor" means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.

"Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

(ii) "Supplies" includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing.

"U.S.-flag vessel" means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if--

(i) This contract is a construction contract; or

(ii) The supplies being transported are--

(A) Noncommercial items; or

(B) Commercial items that--

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it contracts for f.o.b. destination shipment);

(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or

(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643.

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that --

(1) U.S.-flag vessels are not available for timely shipment;

(2) The freight charges are inordinately excessive or unreasonable; or

(3) Freight charges are higher than charges to private persons for transportation of like goods.

(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum --

(1) Type, weight, and cube of cargo;

(2) Required shipping date;

(3) Special handling and discharge requirements;

(4) Loading and discharge points;

(5) Name of shipper and consignee;

(6) Prime contract number; and

(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose.

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW., Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:

(1) Prime contract number;

(2) Name of vessel;

(3) Vessel flag of registry;

(4) Date of loading;

(5) Port of loading;

(6) Port of final discharge;

(7) Description of commodity;

(8) Gross weight in pounds and cubic feet if available;

(9) Total ocean freight in U.S. dollars; and

(10) Name of the steamship company.

(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief--

(1) No ocean transportation was used in the performance of this contract;

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean transportation; or

(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:

ITEM CONTRACT QUANTITY

DESCRIPTION LINE ITEMS

TOTAL_______________________________________________________________

(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.

(h) In the award of subcontracts for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial items, the Contractor shall flow down the requirements of this clause as follows:

(1) The Contractor shall insert the substance of this clause, including this paragraph (h), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (h), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)

(a) The amount of any request for equitable adjustment to contract terms shall accurately reflect the contract adjustment for which the Contractor believes the Government is liable. The request shall include only costs for performing the change, and shall not include any costs that already have been reimbursed or that have been separately claimed. All indirect costs included in the request shall be properly allocable to the change in accordance with applicable acquisition regulations.

(b) In accordance with 10 U.S.C. 2410(a), any request for equitable adjustment to contract terms that exceeds the simplified acquisition threshold shall bear, at the time of submission, the following certificate executed by an individual authorized to certify the request on behalf of the Contractor:

I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of my knowledge and belief.

(Official's Name) (Title)

(c) The certification in paragraph (b) of this clause requires full disclosure of all relevant facts, including--

(1) Certified cost or pricing data if required in accordance with subsection 15.403-4 of the Federal Acquisition Regulation (FAR); and

(2) Data other than certified cost or pricing data, in accordance with subsection 15.403-3 of the FAR, including actual cost data and data to support any estimated costs, even if certified cost or pricing data are not required.

(d) The certification requirement in paragraph (b) of this clause does not apply to----

(1) Requests for routine contract payments; for example, requests for payment for accepted supplies and services, routine vouchers under a cost-reimbursement type contract, or progress payment invoices; or

(2) Final adjustment under an incentive provision of the contract.

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

When costs are a factor in any price adjustment under this contract, the contract cost principles and procedures in FAR part 31 and DFARS part 231, in effect on the date of this contract, apply.

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:

Title File Drawing No.

See Section J

252.236-7000 MODIFICATION PROPOSALS - PRICE BREAKDOWN. (DEC 1991)

(a) The Contractor shall furnish a price breakdown, itemized as required and within the time specified by the Contracting Officer, with any proposal for a contract modification.

(b) The price breakdown --

(1) Must include sufficient detail to permit an analysis of profit, and of all costs for --

(i) Material;

(ii) Labor;

(iii) Equipment;

(iv) Subcontracts; and

(v) Overhead; and

(2) Must cover all work involved in the modification, whether the work was deleted, added, or changed.

(c) The Contractor shall provide similar price breakdowns to support any amounts claimed for subcontracts.

(d) The Contractor's proposal shall include a justification for any time extension proposed.

252.233-7001 Choice of Law (Overseas) JUN 1997

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

(a) 26 U.S.C. 6331(h) authorizes the Internal Revenue Service (IRS) to continuously levy up to 100 percent of contract payments, up to the amount of tax debt.

(b) When a levy is imposed on a payment under this contract and the Contractor believes that the levy may result in an inability to perform the contract, the Contractor shall promptly notify the Procuring Contracting Officer in writing, with a copy to the Administrative Contracting Officer, and shall provide--

(1) The total dollar amount of the levy;

(2) A statement that the Contractor believes that the levy may result in an inability to perform the contract, including rationale and adequate supporting documentation; and

(3) Advice as to whether the inability to perform may adversely affect national security, including rationale and adequate supporting documentation.

(c) DoD shall promptly review the Contractor's assessment, and the Procuring Contracting Officer shall provide a written notification to the Contractor including--

(1) A statement as to whether DoD agrees that the levy may result in an inability to perform the contract; and

(2)(i) If the levy may result in an inability to perform the contract and the lack of performance will adversely affect national security, the total amount of the monies collected that should be returned to the Contractor; or

(ii) If the levy may result in an inability to perform the contract but will not impact national security, a recommendation that the Contractor promptly notify the IRS to attempt to resolve the tax situation.

(d) Any DoD determination under this clause is not subject to appeal under the Contract Disputes Act.

252.232-7008 ASSIGNMENT OF CLAIMS (OVERSEAS) (JUNE 1997)

(a) No claims for monies due, or to become due, shall be assigned by the Contractor unless—

(1) Approved in writing by the Contracting Officer;

(2) Made in accordance with the laws and regulations of the United States of America; and

(3) Permitted by the laws and regulations of the Contractor's country.

(b) In no event shall copies of this contract of any plans, specifications, or other similar documents relating to work under this contract, if marked “Top Secret,” “Secret,” or “Confidential” be furnished to any assignee of any claim arising under this contract or to any other person not entitled to receive such documents. However, a copy of any part or all of this contract so marked may be furnished, or any information contained herein may be disclosed, to such assignee upon the Contracting Officer's prior written authorization.

(c)…

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