amendment3.pdf

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 purpose of this amendment is to:

a. Extend the proposals due date to 15 May 2018 at 13:30;

b. Modify the "GENERAL INSTRUCTIONS, Para. 1. BID GUARANTEE;

c. Modify Section H, PERFORMANCE AND PAYMENT BONDS - CONSTRUCTION;

d. Clarify Paragraph 2.2.1. "Size of Proposal Pages";

e. Modify 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 16

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

16C. DATE SIGNED

BY 04-May-2018

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 W912PF18R0003

X 9B. DATED (SEE ITEM 11)

05-Apr-2018

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 X is extended, 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 1 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

04-May-2018

CODE

414TH CSB - PARC AFRICA

ATTN: ELISA MARCHETTI

UNIT 31401 BOX 33

09630 APO

UNITED STATES OF AMERICA (THE)

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

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912PF18R0003

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

ADDITIONAL INFORMATION

The amendment provides the following information:

a. Modifies the "GENERAL INSTRUCTIONS, Paragraph 1. BID GUARANTEE" as follows: "The offeror shall furnish a bid guarantee in the form of a firm commitment supported by a registered bank or by a primary credit union company recognized by a bank ("istituto bancario, azienda di credito autorizzata o assicurazione autorizzata a norma di legge")";

b. Modifies Section H, PERFORMANCE AND PAYMENT BONDS - CONSTRUCTION as follows: "The bonds shall be in the form of a firm commitment supported BY A REGISTERED BANK or by a primary credit union company recognized by a bank ("istituto bancario, azienda di credito autorizzata o assicurazione autorizzata a norma di legge")";

c. Clarifies Paragraph 2.2.1. "Size of Proposal Pages". The total pages submitted shall not exceed 80 pages considering only what is submitted for the Evaluation Factors (Tab 3 through 7 of the proposal from the table in Section L);

d. Modifies 52.211-10 Commencement, Prosecution, and Completion of Work as follows:

Performance schedule for projects HB-47096-7J is 373 calendar days split as follows:

163 calendar days to perform the design, 14 calendar days for DPW to review the project;

196 calendar days to perform the construction.

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The required response date/time has changed from 11-May-2018 01:30 PM to 15-May-2018 01:30 PM.

SECTION B - SUPPLIES OR SERVICES AND PRICES

The following have been modified:

GENERAL INSTRUCTIONS

REQUESTS FOR INFORMATION: All requests for information regarding the solicitation, drawings, specifications, etc., must be submitted to the Government point of contact (Ms. Elisa Marchetti at elisa.marchetti2.ln@mail.mil and Mr. Shaun McAfee at shaun.a.mcafee.civ@mail.mil) by 24 April 2018, 13:30 (Central Europe).

Offerors shall include the following documentation with their proposal:

1. BID GUARANTEE: Offerors will provide a bid guarantee in the amount and format as required under this section of the solicitation (Euro 50,000.00). The offeror shall furnish a bid guarantee in the form of a firm commitment supported by a registered bank or by a primary credit union company recognized by a bank ("istituto bancario, azienda di credito autorizzata o assicurazione autorizzata a norma di legge") using the format provided as Attachment #7, Sample for Bid Guarantee. The Contracting Officer will return bid guarantees:

a. To unsuccessful offerors as soon as practicable after the award of the contract; and

b. To the successful offeror upon execution of all contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the proposal as accepted.

Failure to submit a valid Bid Guarantee will result in an incomplete proposal which will not be evaluated.

2. DOCUMENTATION FOR DETERMINATION OF RESPONSIBILITY (Volume 2--see Section L). The Government will make an affirmative Determination of Responsibility in accordance with FAR 9.1. The following documents shall be provided to assist in this determination.

a. CERTIFICATE OF CHAMBER OF COMMERCE: Offerors shall provide a copy of the Chamber of Commerce Certificate of Membership (Certificato di Iscrizione alla Camera di Commercio) that is NOT older than six (6) months at the time set forth for the receipt of the offers. The Anti-Mafia Self Certification shall be provided with the Chamber of Commerce Certification. Offerors will use Attachment #6 as an example.

b. DURC or Equivalent: Offerors shall provide a copy of the Documento Unico di Regolarita’ Contributiva

(DURC) that is not older than ninety (90) days at the time set forth for the receipt of the offers. 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). A document equivalent to DURC will be accepted only from non-Italian vendors.

c. 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.

3. PROPOSED DESIGN SUB-CONTRACTOR: Offerors who intend to use a sub-contractor(s) for design work under this contract and/or for the seed project included in this solicitation should provide the company name, address, and point(s) of contact for the proposed sub-contractor. This submission information should be clearly marked and completed on a separate page within the proposal.

TASK ORDER SPECIFIC PROVISIONS

TASK ORDER SPECIFIC PROVISIONS

1. GENERAL. All applicable provisions set-forth in the contract shall apply to this task order, except as supplemented by this section. The following revisions and/or requirements apply only to this specific task order.

2. TYPE OF TASK ORDER. The Government contemplates the issuance of a firm-fixed-price Design-Build (D-B) construction task order as a result of this Request For Proposal (RFP).

3. MAGNITUDE OF THE PROPOSED PROJECT. The estimated price range of this work is between €1,000,000 and €5,000,000 [FAR 36.204].

4. CONTRACTOR MANPOWER REPORTING. The Contractor Manpower Reporting (CMR) system is a business process to collect information on funding source, contracting vehicle, organization supported, mission and function performed, and labor hours and costs for contracted efforts.

Contractors report actual labor hours, dollars, and other information from their accounting systems directly into this system, or through their Army Requiring Activity, using their existing timekeeping, personnel, and accounting systems as well as information supplied with the contract CMR data must be accurate and complete and entered into CMR during the data gathering period of 1 October through October 31 for every year, or part of a year, for which the contract is in force. The Contractor can get information about entering data into the web site:

https://www.ecmra.mil/Default.aspx.

5. SECTION I –CONTRACT CLAUSES. All applicable clauses in Section I of the basic MATOC apply to the task order except as revised in this section.

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

The Contractor shall be required to (a) commence work under this contract within 15 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 as stated below:

Performance schedule for projects HB-47096-7J is 373 calendar days split as follows:

163 calendar days to perform the design, 14 calendar days for DPW to review the project;

196 calendar days to perform the construction.

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

(End of clause)

b. 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 €187,67 ($201.17) for each calendar day;

(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.

c. 52.236-27 ALT I Site Visit (Construction) (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for --

18 April 2018, 13:30

(c) Participants will meet at --

The entrance gate no later than 13:30, Caserma Del Din, Vicenza, Italy .

(End of provision)

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

(a) Definitions. As used in this clause—

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

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

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

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

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

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

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

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF.

Both can be accessed by selecting the “Web-Based Training” link on the WAWF home page at https://wawf.eb.mil/

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

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

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

Construction Payment Invoice

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

W582RR

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

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC W56FJW

Issue By DoDAAC W912PF

Admin DoDAAC W912PF

Inspect By DoDAAC W582RR

Ship To Code W582RR

Ship From Code N/A

Mark For Code W582RR

Service Approver (DoDAAC) W582RR

Service Acceptor (DoDAAC) W582RR

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

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

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

Elisa Marchetti: elisa.marchetti2.ln@mail.mil

(g) WAWF point of contact.

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

USARMY.VICENZA.266-FMC.MBX.266FMC-IFO-CVS-WAWF-OFFICIAL@mail.mil

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

e. 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”).

vi) For final payment, the Contractor shall submit a statement signed by each subcontractor (manleva) stating that the have been paid except for remianing amount which will be satisfied when the Contractor receives final payment (amount to be specified)

(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.

(3) Offeror should include the payment address in the proposal, if it is different from that shown for the offeror.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

SPECIAL CONTRACT REQUIREMENTS

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.

ADDITIONAL WARRANTY COVERAGE REQUIREMENT reference FAR Clause 52.246-21 WARRANTY

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

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

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

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" . An equivalent document to DURC, issued by a competent authority of any member country of the European Union will be accepted. A third competent party shall certify –IN ENGLISH- that the document is equivalent to the Italian DURC.

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 low bidder/offeror, no award will be made to said low 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.

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”.

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.

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.

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.

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

MATERIAL/ARTICLES SUBMITTAL. In 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. At the end of the contract, the Contractor shall submit to the Government, at no additional cost, descriptive literature manuals and operating instructions manuals.

ACCIDENT PREVENTION. In 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.

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

2. 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 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.

MEASUREMENTS AND QUANTITIES. Unless 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.

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 pre-construction conference.

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.

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:

Comprehensive general liability: Euro 1.500.000,00 per occurrence.

2. Copy of the certificate of the police 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

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 Sicurezza (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.

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.

CONTRACTOR RESPONSIBILITY

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.

Host Nation Safety Requirements. In addition to the safety requirements set forth in FAR52.236-13 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.

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

NOTE: UNDER NO CIRCUMSTANCES SHALL CONTRACTOR STORE FLAMMABLE MATERIAL WITHIN

GOVERNMENT BUILDINGS.

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.

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.

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.

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

Upon completion of the work, the Contractor shall remove all construction equipment, materials, and debris resulting from contract work. The entire work site and the area used by the Contractor personnel shall be left clean.

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

GOVERNMENT-FURNISHED UTILITIES

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.

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.

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.

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.

TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1. 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:

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 Nov

Mar Dec

Apr May Jun Jul Aug Sep Oct

(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 52.249-10 – DEFAULT (FIXED PRICE CONSTRUCTION).

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

PERFORMANCE AND PAYMENT BONDS – CONSTRUCTION

Definitions. As used in this clause --

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

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

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

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

Additional bonds may be requested for all options.

c. Additional bond protection.

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

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

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

Surety or other security for bonds. The bonds shall be in the form of a firm commitment supported BY A REGISTERED BANK or by a primary credit union company recognized by a bank ("istituto bancario, azienda di credito autorizzata o assicurazione autorizzata a norma di legge").

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

INSTALLATION CLEARANCE REQUIREMENTS

1. 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.

2. 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.

3. 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.

4. 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.

5. Below is the responsible Organizational Sponsor & Installation Access Control Office for this contract:

Organizational Sponsor: Anthony Freitag Location: CASERMA EDERLE, DPW Building No: 17 DSN Phone No: 637-8207 Commercial Phone No: 0444-618207 Installation Access Control Office:

Location: CASERMA EDERLE, DES Building No: 7/B DSN Phone No: 634 7053 Commercial Phone No: 0444 717053

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 preconstruction conference. The COR will submit an approved copy to the contracting officer at the below listed address not later than two (2) weeks after contract start date:

414th CSB, RCO ITALY VIALE DELLA PACE, 197 CASERMA EDERLE 36100

VICENZA

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.

(End of Summary of Changes)