W912PF18R0016.pdf

0011187281

Project no. EZ-00021-6J Replace Theater Floor and Chairs, Caserma Ederle

The magnitude of the overall requirement is betw een $250.000.00 and $500.000.00 (Euro 233,225.00 and Euro 466,450.00 at a budget rate of $ 1=Euro 0,9329).

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

PATRIZIA MENEGUZZO +390444613911

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

25-May-2018

(RFP)

(IFB)

X

CALL:

Replace Theater Floor and Chairs, Bldg. 301, Caserma Ederle, Vicenza

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 ________304 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 __________ copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________25 Jun 2018 (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 - PARC AFRICA

ATTN: PATRIZIA MENEGUZZO

VIA DELLA PACE #197

VICENZA (VI) 36100

W912PF

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

01:00 PM (hour)

Sealed envelopes containing offers

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

EZ-00021-6J

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

+39 0444-381280FAX:TEL: +39 0444-617411 TEL: FAX:

W912PF18R0016 60

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

REQUEST FOR INFORMATION

Request for information regarding the solicitation, drawings, specifications, etc., must be submitted to the Government point of contacts (Ms. Patrizia Meneguzzo at patrizia.meneguzzo3.ln@mail.mil and Mr.

Shaun McAfee at shaun.a.mcafee.civ@mail.mil) by 11 June 2018, 02:00 PM (Central Europe)

INSTRUCTIONS TO OFFERORS

Offerors shall include the following documentation:

1. BID GUARANTEE: Offerors will provide a bid guarantee in the amount and format as required under this section of the solicitation (Euro 10,000.00). 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 Enclosure #4. The Contracting Officer will return bid guarantees, other than proposal bonds:

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 for this determination.

a. CERTIFICATE OF CHAMBER OF COMMERCE: a copy NOT older than six (6) months at the time set forth for the receipt of the offer of the Chamber of Commerce Certificate of Membership (Certificato di Iscrizione alla Camera di Commercio). The Anti-Mafia Self Certification shall be provided with the Chamber of Commerce Certification.

b. DURC: A copy not older than ninety (90) days at the time set forth for the receipt of the offer of the DURC (Documento Unico di Regolarita’ Contributiva). Self-certifications (autocertificazioni) are not allowed. The document must include the following statement: “Con il presente documento si dichiara che l’impresa RISULTA REGOLARE ai fini del DURC” (We hereby declare that the firm IS IN COMPLIANCE with the DURC requirements).

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.

Section B - Supplies or Services and Prices

DESIGN BUILD

For this project the U.S. Government intends to combine design and construction in a single contract with one contractor. The U.S. Government has developed in-house a scope of work requirement that defines the project and provides prospective offerors with sufficient information regarding the U.S. Government’s requirement to enable the offerors to submit proposals which meet the U.S. Government’s needs. The work statement inclusive of drawings is made part of this Request for Proposal (RFP).

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Replace Theater Floor and Chairs, Ederle

FFP

Include a lump sum price for design and construction.

Offerors will include pricing on the Bid Schedule. All work is to be accomplished in accordance with the Scope Of Work FOB: Destination

PURCHASE REQUEST NUMBER: 0011187281

PSC CD: Z2FB

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

7500 1 Job Contractor Manpower Reporting

FFP

(CMR). 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://ecmra.mil .

FOB: Destination

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

The Statement of Work (SOW) is attached (Attachment #1)

Section E - Inspection and Acceptance

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 /

CAGE

0001 30-SEP-2018 1 W582RR USAG VICENZA

W6E7 USAG VICENZA

UNIT 31401

APO AE 09630

049-631-413-8182 FOB: Destination

W582RR

7500 N/A N/A N/A N/A

Section G - Contract Administration Data

SUBMITTAL/RECEIPT OF INVOICES

1. All requests for progress or final payment shall:

a. Address the following substantiation:

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

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

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

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

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

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

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

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

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

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

4. All invoices shall be submitted through Wide Area Workflow (WAWF). is a secure Web-based system for electronic invoicing, receipt and acceptance. The WAWF application enables electronic form submission of Invoices and Government Inspection and Acceptance documents in order to support DoD’s goal of moving to a paperless acquisition process.

5. Contractor shall submit payment request using Wide Area Work Flow (WAWF). See DFARS Clause 252.232- 7006, Wide Area WorkFlow Payment Instructions.

CLAUSES INCORPORATED BY FULL TEXT

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

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

(End of clause)

252.229-7001 TAX RELIEF (SEPT 2014)

(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price:

NAME OF TAX: I.V.A. RATE (PERCENTAGE): 22%

(b) The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.

(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.

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

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

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

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

(i) The contract number.

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

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

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

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

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

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

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

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

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

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

(3) Dazi Doganali (Customs Duties).

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

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

(6) Imposta di Registro (Registration Tax).

(7) Imposta di Bollo (Stamp Tax).

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

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

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

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

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

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

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

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

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

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

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

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

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

Construction Invoice Payment

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

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

W582RR

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

Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC W56FJW Issue By DoDAAC W912PF Admin DoDAAC W912PF Inspect By DoDAAC W582RR Ship To Code W582RR Ship From Code N/A Mark For Code W582RR Service Approver (DoDAAC) W582RR Service Acceptor (DoDAAC) W582RR Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

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

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

Inspector/Acceptor email: marco.cazzola2.ln@mail.mil Contract Specialist email: patrizia.meneguzzo3.ln@mail.mil Vendor pay email: usarmy.vicenza.266-fmc.mbx.266fmc-ifo-cvs-wawf-official@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.

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

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

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

A. 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 the 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.

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

WARRANTY FOR CONSTRUCTION INCORPORATED IN FULL TEXT UNDER SECTION I –

CONTRACT CLAUSES:

1. 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.

2. 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.

C. DURC. The Contractor shall provide to the Contracting Officer, within thirty (30) calendar days from the date of award of the Contract, a CERTIFIED COPY (COPIA AUTENTICATA) or original of the DURC (Documento Unico di Regolarita’ Contributiva) and NOT older than ninety (90) days from the date of award of the contract.

1. 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".

2. 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.

D. ANTI-MAFIA LAW REQUIREMENTS

1. Pre-Award Effect of Anti-Mafia Procedures: Inasmuch as the work of this solicitation is to be performed on land owned by the Italian State, the prospective contractor will be subject to all Italian legislation concerning anti-mafia documentation, including, without limitation: Legislative Decree no. 159 of September 6, 2011, Decree of the President of the Republic no. 252 of June 3, 1998, Legislative Decree no. 490 of August 8, 1994, Law Decree No.

629 of September 6, 1982, and any subsequent anti-mafia laws, integrations and amendments. Only firms that submit the requested documentation will be considered for award. In the event that prior to award any mafia infiltration attempt is determined by the competent Prefect (Prefetto) against an offeror, pursuant to Art. 4 of Legislative Decree no. 490/1994, Art. 10 of Decree of the President of the Republic no. 252/1998, or any other anti-mafia law, no award will be made to said offeror. Furthermore, in the event that prior to award any additional information against an offeror is obtained and validated by the government or provided by the competent Prefect (Prefetto) pursuant to Art. 1, Section 7 of Law decree 629/1982, Art. 10, paragraph 9, of Decree of the President of the Republic no. 252/1998, or any other anti-mafia law, the Government may decide, at its sole discretion, that no award will be made to said offeror.

2. Subcontractors: ALSO, the Offeror is responsible for complying with Italian Anti-Mafia laws with respect to its subcontractors; and, if necessary, requesting additional information regarding attempts of mafia infiltration from a competent Prefect (Prefetto). The Offeror agrees to provide the Government any appropriate documentation that may indicate mafia-collusion, to include, if available, results of any Prefect (Prefetto) investigations. If after award, a competent Prefect (Prefetto) determines that mafia infiltration attempts have occurred with a subcontractor, then the Offeror agrees, if requested by the Government, to promptly terminate the subject subcontract and replace the mafia-colluded subcontractor at its own cost with a compliant company.

3. Termination: If during the life of this contract, any mafia infiltration attempt is determined by the Government to have occurred or additional information is provided by the Prefect (Prefetto) against any component of the Contractor or any Subcontractor, pursuant to Art. 1, Section 7 of Law Decree 629/1982, Art 4 of Legislative Decree

no. 490/1994, Art. 10 of Decree of the President of the Republic no. 252/1998, or any other anti-mafia law, the Government at its sole discretion may consider this a failure to execute the work and may terminate the contractor's right to proceed with the work under the "Default" clause of this contract.

4. Documentation Requirements: Contractor shall submit the following with their price proposal.

The offeror SHALL include a “self-declaration” in accordance with DPR 445/2000, stating that “pursuant to any applicable anti-mafia law in force, none of the causes of forfeiture, suspension or prohibition set forth by Art. 67 of the Code exist with regard to all the persons involved in the subject contract.”

E. 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”.

F. 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.

G. 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.

1. 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.

2. 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.

3. 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.

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

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.

I. PERFORMANCE COORDINATION

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

J. MATERIAL/ARTICLES SUBMITTAL

1. 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.

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

K. ACCIDENT PREVENTION

1. 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.

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

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

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

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

L. 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.

M. 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.

N. 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.

O. SCHEDULE (PROGRESS CHART)

In 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.

P. 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. Two (2) photocopies of the personal identification document;

b. One (1) passport size picture;

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

Q. 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

R. 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.

S. CONTRACTOR RESPONSIBILITY

1. Contractor Supervision. Pursuant to FAR 52.236-6 Clause “SUPERINTENDENCE BY THE CONTRACTOR (APRIL 1984)”, Contractor shall supervise his/her employees to ensure compliance with contract standards.

Contractor or his/her representative shall be present at all times during work performance at contract site.

2. Host Nation Safety Requirements. In addition to the safety requirements set forth in FAR Clause 52.236-13 “ACCIDENT PREVENTION (APRIL 1984)”, Contractor shall comply with Host Nation Safety Regulations. In case of conflict between Host Nation and US Standards, the more stringent standards shall govern.

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

4. NOTE: UNDER NO CIRCUMSTANCES SHALL CONTRACTOR STORE FLAMMABLE MATERIAL

WITHIN GOVERNMENT BUILDINGS.

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

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

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

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

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

T. 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.

U. 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.

V. 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.

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

X. 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

Y. PERFORMANCE AND PAYMENT BONDS

1. 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.

2. 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.

(1) 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.

(2) 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.

3. 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.

4. 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"). .

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

Z. 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: Marco Cazzola Location: CASERMA EDERLE, DPW Building No: 17 DSN Phone No: 637 8078 Commercial Phone No: 0444 618078 Installation Access Control…