SolicitationW912PF20R0003.pdf

0011459535

ELISA ORSINI +39.050.54.8367

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

26-Jun-2020

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________285 calendar days after receiving aw ard, X notice to proceed. This performance period is mandatory, negotiable. (See _________________________FAR 52.211-10

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________27 Jul 2020 (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 _______120 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

414TH CSB RCO ITALY SUBOFFICE LIVORNO

VIA AURELIA, EDIFICIO 5131

ZONA DEPOSITO

56128 TIRRENIA (PISA)

W912PF

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

12:00 PM (hour)

Sealed envelopes containing offers

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

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

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

W912PF20R0003 83

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

30C. DATE

(Type or print)

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

W912PF20R0003

Section A - Solicitation/Contract Form

SECTION A

A.This will be a Design-build construction Firm Fixed Price Contract. Two notices to proceed (NTP) will be issued, the first NTP for the Design Phase and the second NTP for the Construction Phase. Vendors are required to indicate the cost of the design of the above mentioned project in CLINs 0001 and 0002.

B. The magnitude of this project is between $250,000 ( Euro 214,550.00) and $500,000.00 (Euro 429,100.00) Rate used 1$=Euro 0.8582.

C. NON AVAILABILITY OF FUNDS

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

D. See clause 52.236-27 ALT I for site visit information.

E. Request for Information (RFI) will be accepted until ten (working days) before the closing date as identified on Page 1, Block 13A.

e full compensation to the Contractor for:

1. Providing all the design; and

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

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

PRICE IN EURO

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

DESIGN BUILD

For this project, the US Government intends to combine design and construction in a single contract with one contractor. The US Government has developed in-house a scope of work statement that defines the project and nable the is herewith attached.

Vendors are required to indicate the cost for the design at contract line item 0001.

Vendors are required to indicate the cost for the option item at contract line item 0002.

To be awarded a government contract you MUST have DUNS (Dun & Bradstreet; tel: 02-28-455-379) and NCAGE (www.dlis.dla.mil/Forms/Form_AC135.asp) numbers and be registered in SAM (https://www.sam.gov/portal/public/SAM/).

The solicitation includes the option item (CLIN 0002). In accordance with the clause 52.217-7 , the Contracting Officer may exercise the option by written notice to the Contractor within any time during contract performance or within 60 days of the completion of the performance. The Government will evaluate offers for award purposes by adding the total price for option item to the total price for the basic requirement. Evaluation of option item will not obligate the Government to exercise the option.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Construct softball field Darby South

FFP

The contractor shall furnish all labor, equipment, materials, and transportation necessary for the accomplishment of the work in accordance with (IAW) all the terms and conditions of the work described in the Scope of Work for Project ED 00165-7, "Construct softball field Darby South, Darby Military Community, Italy" dated February 3, 2020, and consisting of 15 pages, and IAW attached Area for Construction, consisting of two (2) sheets; Geo Survey, consisting of two (2) sheets, dated August 1999; Plan of the Area, consisting of one (1) sheets, dated February 3, 2020; Wiring Diagram Panel, consisting of seven (7) sheets, dated October 29, 2010.

NOTE: Vendors are required to indicate the cost of the design of the above mentioned project FOR INFORMATION ONLY: EURO _______________ FOB: Destination

PURCHASE REQUEST NUMBER: 0011459535

PSC CD: N056

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job

OPTION ITEM - softball field lighting

FFP

The Contractor shalll furnish all labor, equipment, material and transportation necessary for the accomplishment of the work in strict accordance with the Scope of Work for Project ED 00165-7, "Construct softball field Darby South, Darby Military Community, Italy" dated February 3, 2020, and consisting of 15 pages, and IAW attached Area for Construction, consisting of two (2) sheets; Geo Survey, consisting of two (2) sheets, dated August 1999; Plan of the Area, consisting of one (1) sheets, dated February 3, 2020; Wiring Diagram Panel, consisting of seven (7) sheets, dated October 29, 2010.

NOTE: Vendors are required to indicate the cost of the design of the above mentioned project FOR INFORMATION ONLY: EURO _______________ FOB: Destination

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

7500 1 Job

Contract Manpower Report (CMR)

FFP

The contractor shall report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the subject contract via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address:

https://www.ecmra.mil/Default.aspx "U.S. Department of Defense - Enterprise Contract Manpower Reporting Application". The U.S. Department of Defense is the organization that is receiving or benefitting from the contracted services.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2020.

Contractors may direct questions to the help desk by clicking on "Send an email" which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component's CMR website.

FOB: Destination

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 7500 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-12 Inspection of Construction AUG 1996

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 285 dys. ADC 1 W582RR USAG ITALY

N/A

USAG ITALY, DARBY MILITARY

COMMUNITY VIA AUR

TIRRENIA (PISA)

N/A FOB: Destination

W582RR

0002 30 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

7500 315 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.211-13 Time Extensions SEP 2000

CLAUSES INCORPORATED BY FULL TEXT

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

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work (Basic project) ready for use not later than 285 calendar days, The time stated for completion shall include final cleanup of the premises.

(End of clause)

ADDENDUM 52.211-10

(*) The aforementioned federal acquisition regulation (FAR) clause 52.211-prosecution and completion of work (Apr 1984) is supplemented as follows:

-Two separate notice to proceed will be issued for design phase and construction phase -The performance period for design phase is 135 calendar days from the issuance of the notice to proceed.

-The performance period for construction phase is 150 calendar days from the issuance of the notice to proceed.

The performance period of Option item Clin 0002 is 30 calendar days

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 Governmen 167.00 for each calendar day of delay until the work is completed or accepted.

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

(End of clause)

Section G - Contract Administration Data

SUBMITTAL OF INVOICES

SUBMITTAL OF INVOICES

1.The Contractor is responsible for the timely submission of invoices using Wide Area Workflow (WAWF) system in accordance with 252.232-7006 Wide Area WorkFlow Payment Instructions. All requests for progress or final payments 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.

bank Transfer receipt).

vi. For final payment, the Contractor shall submit a statement signed by each subcontractor stating that they have been paid in full except for remaining 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

Contributiva). Self certifications (autocertificazioni) are NOT allowed. The document MUST include the following statement:

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.

Section H - Special Contract Requirements

SECTION H

CONTRACTING OFFICER AUTHORITY

1. 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.

2. The Contractor is hereby put on notice that in the event a Government employee, other than the Contracting Officer, directs a change in the work to be performed, or increases the scope of work to be performed, it is the Contractor's responsibility to make inquiry of the Contracting Officer before making the deviation. Payments will not be made without being authorized by an appointed Contracting Officer with the legal authority to bind the Government.

CONTRACT MANAGER

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

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

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

4. The contract manager or alternate shall be capable of explaining the work operations and receiving instructions in the English language. The Contracting Officer shall have the right to determine without appeal of such decision, whether the proposed representative has sufficient technical and lingual capabilities and the Contractor shall immediately replace any individual not acceptable to the Contracting Officer.

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

ENTRY PASSES

1. Within 10 working days after contract award, the Contractor shall submit, to the COR, completed Applications for USAREUR Installation Pass forms for each person that will be employed for the performance of this contract. The forms will be issued at the pre-performance meeting. The forms must be supported by the following documentation.

a. 2 photocopies of the personal identification document;

b. 1 passport size picture;

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

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

SCHEDULE (PROGRESS CHART)

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

PERFORMANCE COORDINATION

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

SUBSTITUTION OF PROPOSED FIRM(S)

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

SUBCONTRACTING

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

1. Description of Work to be subcontracted

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

CONTRACTOR RESPONSIBILITY

1. Contractor Supervision. Pursuant to FAR Clause 52.236-6 BY THE CONTRACTOR (APR 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 PREVENTION Contractor shall comply with Host Nation Safety Regulations.

If a prime contractor subcontracts work, the prime contractor will be responsible to verify the professional technical capabilities of its subcontractors in accordance with attachment XVII of Italian DLGS 81/2008. In case of conflict between Host Nation and US Standards, the more stringent standards shall govern.

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

4. NOTE: UNDER NO CIRCUMSTANCES SHALL CONTRACTOR STORE FLAMMABLE

MATERIAL WITHIN GOVERNMENT BUILDINGS.

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

6. Protective Measures. In addition to FAR Clause 52.236-9 OF EXISTING

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

Contractor shall provide barricades and precaution signs in both English and the Host Nation language for the safety of inhabitants and passers-by. Contractor shall be responsible for removal of furnishings and equipment as required for preparation of work sites as well as for reinstallation thereof. Contractor shall replace any furnishings and equipment at their original locations upon completion of contract work.

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

8. Clean Up. In accordance with Contract Clause FAR Clause 52.236-12 UP (APR Contractor shall be responsible for cleaning up. Accumulated dirt and debris shall be hauled off, and disposed of in accordance with Host Nation Law, at least once a week by the Contractor. Stairwells used by the Contractor during execution of work shall be cleaned daily. Cloths, mops, and brushes containing combustible materials shall be disposed of or stored outside of the buildings in tight, covered, metal containers. Paints and thinners shall not be poured into inlets of the interior or exterior sewage system.

Paints, stains, and other residues on adjacent surfaces or fixtures caused by the Contractor shall be carefully removed and cleaned to original finish. Upon completion of the work, the Contractor shall remove all construction equipment, materials, and debris resulting from contract work. The entire work site and the area used by the Contractor personnel shall be left clean.

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

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

AS-BUILT DRAWINGS

The Contractor shall include as-built drawings as an element of work in its progress schedule.

The Contractor shall maintain at the job site one set of full-size prints of the contract drawings, accurately marked in red with adequate dimensions, to show all variations between the construction performed by the Contractor and those that are 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.

-built drawings shall be available for review by the Contracting Officer, Contracting Officer Representative (COR) and Government Inspector at all times.

Upon completion of the work, the as-builts shall be certified and signed by the Contractor as being accurate, and delivered to the COR for approval and acceptance. Within 14 calendar days from receipt, the COR will review the as-builts and return, with comments, to the Contractor. The as-builts will be returned to the Contractor with an electronic copy of the original contract drawings in the CAD version. The Contractor shall update the original drawings as recorded during the construction phase and shall provide the following documentation.

a. One CAD electronic copy of the entire project in the as-built version certified by the Contractor as as- builts.

b. One PDF electronic copy of the entire project in the as-built version, certified by the Contractor as as- builts.

c. One printed copy on reproducible support (polyester) of the entire project, limited to the copies on which some modifications were made, to be provided with the same characteristics and format of the originals (certified by the Contractor as as-builts).

Requests for partial payments will not be approved if as-builts are not kept current Requests for final payment will not be approved until the final corrected as-builts are delivered to the COR for final acceptance. The COR will review and perform final acceptance of the as-builts within 7 calendar days from receipt.

ACCIDENT PREVENTION

1. In accordance with FAR Clause 52.236-13 "ACCIDENT PREVENTION (NOV 1991)", the U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1 can be accessed at:

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

2. The Contractor will maintain an accurate record of, and will report to the Contracting Officer in the manner and on the forms prescribed by the Contracting Officer, all accidents resulting in death, traumatic injury, occupational disease, and damage to property, materials, supplies and equipment incident to work performed under this contract.

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

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

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

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

HOT WORK PERMIT

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

UTILITY OUTAGES

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

ASBESTOS

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

GOVERNMENT-FURNISHED UTILITIES

1. Utilities. Water and electrical power required for the execution of this project will be made available to the Contractor without charge, in accordance with FAR Clause 52.236-14 Y AND USE OF UTILITY SERVICES (APR 1984). Necessary connections to lines shall be made by the Contractor without additional cost to the Government. Electrical connections or temporary installations shall be made in accordance with VDE 0100. No other material, equipment, or services shall be furnished by the Government unless expressly stated elsewhere herein.

2. Telephones. Telephone facilities shall be made available without charge at a location designated by the Contracting Officer to make calls within the military reservation areas only. Use of telephones in family quarters by the Contractor or his/her employees or Sub-Contractors is strictly prohibited.

TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1. This requirement specifies the procedure for determining time extensions for unusually severe weather, in accordance with FAR Clause FAR 52.249-10 T (FIXED PRICE CONSTRUCTION (APR

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 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 Contracto scheduled work day.

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

CONSTRUCTION) (APR 1984).

PRE FINAL AND FINAL INSPECTION

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

2. When the project is ready for final inspection, the Contractor shall request final inspection in writing to the Contracting Officer at least two (2) calendar days before the desired date of inspection.

INSTRUCTIONS FOR CONTRACTOR'S QUALITY CONTROL PLAN

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

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

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

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

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

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

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

Tests must be specified.

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

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

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

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

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

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

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

INSTALLATION CLEARANCE REQUIREMENTS

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

(b) The Contractor is responsible for being aware of and complying with the requirements associated with Installation Access Control. The Government is not liable for any costs associated with performance delays due essing requirements.

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

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

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

Organizational Sponsor: _______DPW Mr. Lucetti Gianluca______________________ Location: __Depot Area_______________________Building No: ____5155_______ DSN Phone No: _633-7782________ Commercial Phone No: ___050-547782____ Installation Access Control Office: Installation Pass & Badge Office Location: _Camp Darby______________________Building No: ____302_________ DSN Phone No: ___633-7369___________ Commercial Phone No: _050-547369___

U.S. AND HOST NATION HOLIDAYS

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

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

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

U.S. Holidays:

Name of U.S. Holiday Date

January 1

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

3rd Monday of February

Memorial Day Last Monday of May

Independence Day July 4

Labor Day 1st Monday of September

Columbus Day 2nd Monday of October

November 11

Thanksgiving 4th Thursday of November

Christmas Day December 25

Host Nation Holidays:

English Name of Host Nation Holiday Italian Name Holiday Date

Capodanno January 1

Epiphany Day Epifania January 6

Easter Monday Pasquetta Monday after Easter

Liberation Day Festa della Liberazione April 25

Labor Day Festa del Lavoro May 1

Local Public Holiday* Saint Giulia May 22

Republic Day Festa della Repubblica June 2

Local Public Holiday* Saint Ranieri June 17

Ferragosto / Assumption Day Ferragosto and Assunta August 15

Tutti i santi (or Ognissanti) November 1

Immaculate Conception Day Immacolata Concezione December 8

Christmas Day Natale December 25

Santo Stefano December 26

(End of local clause)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.236-10 Operations and Storage Areas APR 1984 52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

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

Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

APR 2014

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.222-50 Alt I Combating Trafficking in Persons (JAN 2019) Alternate I MAR 2015 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-17 Interest MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-21 Alt I Specifications and Drawings for Construction (Feb 1997) -

Alternate I

APR 1984

52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Items AUG 2019 52.247-64 Preference for Privately Owned U.S. - Flag Commercial

Vessels

FEB 2006

52.248-3 Value Engineering-Construction OCT 2015 52.249-2 Alt I Termination for Convenience of the Government (Fixed-

Price) (Apr 2012) - Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 60 calendar days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

(a) Payment of price. The Government shall pay the Contractor the contract price as provided in this contract.

(b) Progress payments. The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer.

(1) The Contractor's request for progress payments shall include 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 such subcontractor under the contract.

(v) Additional supporting data in a form and detail required by the Contracting Officer.

(2) In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the site also may be taken into consideration if--

(i) Consideration is specifically authorized by this contract; and

(ii) The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract.

(c) Contractor certification. Along with each request for progress payments, the Contractor shall furnish the following certification, or payment shall not be made: (However, if the Contractor elects to delete paragraph (c)(4) from the certification, the certification is still acceptable.)

I hereby certify, to the best of my knowledge and belief, that--

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of chapter 39 of Title 31, United States Code;

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor's performance.

(Name)

(Title)

(Date)

(d) Refund of unearned amounts. If the Contractor, after making a certified request for progress payments, discovers that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the "unearned amount"), the Contractor shall--

(1) Notify the Contracting Officer of such performance deficiency; and

(2) Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this clause) equal to interest on the unearned amount from the 8th day after the date of receipt of the unearned amount until--

(i) The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or

(ii) The date the Contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount.

(e) Retainage. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage.

(f) Title, liability, and reservation of rights. All material and work covered by progress payments made shall, at the time of payment, become the sole property of the Government, but this shall not be construed as--

(1) Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or

(2) Waiving the right of the Government to require the fulfillment of all of the terms of the contract.

(g) Reimbursement for bond premiums. In making these progress payments, the Government shall, upon request, reimburse the Contractor for the amount of premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after the Contractor has furnished evidence of full payment to the surety. The retainage provisions in paragraph (e) of this clause shall not apply to that portion of progress payments attributable to bond premiums.

(h) Final payment. The Government shall pay the amount due the Contractor under this contract after--

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 6305).

(i) Limitation because of undefinitized work. Notwithstanding any provision of this contract, progress payments shall not exceed 80 percent on work accomplished on undefinitized contract actions. A "contract action" is any action resulting in a contract, as defined in FAR Subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes.

(j) Interest computation on unearned amounts. In accordance with 31 U.S.C. 3903(c)(1), the amount payable under subparagraph (d)(2) of this clause shall be--

(1) Computed at the rate of average bond equivalent rates of 91-day Treasury bills auctioned at the most recent auction of such bills prior to the date the Contractor receives the unearned amount; and

(2) Deducted from the next available payment to the Contractor.

(End of clause)

52.233-1 DISPUTES. (MAY 2014)

(a) This contract is subject to 41 U.S.C. chapter 71, Contract Disputes.

(b) Except as provided in 41 U.S.C. chapter 71, all disputes arising under or relating to this contract shall be resolved under this clause.

seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under U.S.C. chapter 71.