HomeMy WebLinkAboutMattituck Harbor Maint Dredging Specs USACEUS Army Corps
of' Engineers
~York District
'1
MAINTENANCE DREDGING
MATTITUCK HARBOR
NEW YORK
Solicitations
Specifications
IFB ~= DACWS1-90-B-0031
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.,SAFET~ P~Y~
IFB Ho. DACWSZ--90--B-0031
HEW YORK DXSTRXCT
CORPS OF BHGXHBBRS
HEW YORK, NRW YORK 10278-00g0
SPECIFIC~tTIOH~
FOR
MAINTENANCE DRBI~31~NG
HATTXTUCK HARBOR
NBW YORK
1. Attached is Invitation
DACW51-90-B-O031
for Bids (IFB) number
2. BIDS MST SET FORTH FULL, ACCURATE, AND COMPLETE
INFORmaTION AS REQUESTED BY THIS INVITATION FOR BIDS
(INCLUDING ATTACHMENTS).- THE 'PENALTY FOR MAKING FALSE
STATEMENTS IN BIDS IS PRESCRIBED IN 18 U.S.C. lOO01.
SUBMISSION OF BIDS: Complete details concerning proper
submission of bids are contained i the "Instructions to
Bidders".
4. NOTE THE AFFIRMATIVE _ACTION REQUIREMENT
OPPORTunITY CLAUSE WHICH MAY APPLY TO
RESULTING FROM THIS SOLICITATION.
OF THE EOUAL
THE CON~CT
5. NOTE THE CERTIFICATION OF NONSEGREGATED IN
THIS SOLICITATION. ,Bidders,, o~ferors, and
cautioned to note the '"CertifiCation of ~
Facilities" in the solicitation, Failure
offeror to agree to the certification will render
or offer non-responsive to _~he terms of ~
involving awards of
not exempt from the of the
Clause (1984 APR).
~The bidders attention is directed to paragraph 11~ o{ THE
REPRESENTATIONS AND CERTIFICATIONS [pa~e K-7) requiring
the submission of a NOT~RI~ED affidavit con6~rninq
affiliated bidders.
THIS IS A CIVIL WORK PROGRAM PROCUREMENT AND IS NOT
FUNDED BY THE :DEPARTMENT OF DEFENSE. BUY AMERICAN ACT
PRI.CE DIFFERENTIAL TO FOREIGN QUALIFYING COUNTRY END,
PRODUCTS IN ACCORDANCE WITH PARAGRAPH 25.105 OF THE
FEDERAL ACQUISITION REGULATION APPLIES.
TPB NO. DACWS1-90-B-O031
NEW YORK DISTRACT
CORPS OF ENGXNERRS
NEW YORK; NEW YORK XO~78-o0go
SPECIFICATIONS
FOR
MAINTBNANCE DREDGIHG IN
MATTITUCK HARBOR
NEW YORK
TABLE OF COHTRHT8
S~CTION
A
B
C
D
E
F
G
H
I
J
K
L
M
NO, OF PA~
Solicitation/Contract Form (In Duplicate) ............... 4
Supplies or Services and Prices (In Duplicate) .......... 4
Description/Specifications(Technical Provisions) .... ~9
Packaging and Marking ............................ 'NOT USED
Inspection and Acceptance (QC~& Submittals) ............. 4
Deliveries and Performance ....................... NOT USED
Contract Administration Data ..................... NOT.USED
Special Contract Requirements .......................... 20
Contract Clauses (includes Index, 5 pages) .............. 91
List of Documents, Exhibits, and Other Attachments .... .24
Representations, Certifications, and Other
Statements of Bidders ............................. 7
Instructions, Conditions, and Notices to Bidders ....... 14
Evaluation Factors for Award ............................ 1
SECTION A
SOLICITATION - CONTRACT FORM (1442)
A
ANDAWARD DACW51-90-B-0031 SEALEOS~O~,,,'a; ~17Jan" ]990 1 of 2
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror·
4. CONTRACT HO, iS. REQUiSITiON/PURCHASE REQUEST IND. e. FROJECT NO,
~.~SSu[DsY CODE . -- a. AOO~ESS OFFER TO
New York District, Corps oz cug. inee[~ New York District, Corps of Engineers
Jacob J. Javits Federal Building Jacob J. Javits Federal Building
New York, New York 10278 New York, New York 10278
ATTN:
9. FOR INFORMATION ~JA.j ltAME
CALL: See Section L.
Con~rgct Preparing Section
Contracting Division
Room 1841
paragraph 23 for names and .telephone numbers
SOLICITATION
NOTE: In sealed bid solicitations "offer"and *'offeror" mean "bid"and "bidder".
MAINTENANCE DREDGING
MATTITUCK HARBOR
NEW YORK
In strict accordance with specifications, drawings, and other attachments list.
In this document and amendment ts), if any, issued prior to bid opening date.'
This is a civil program procurement a~d is not funded by the Department of
Defense.
1 I. The Contractor shall beg;n performance within 10 calendar days and complete it within 30 calendar days after receiving
[] award, [] notice to proceed This performance period is [] mandatory. [] neg~tlable [.~e
[]YES E~NO See Section L, para. 18 I Ten (10)
3:00 p.m.
A. Sealed offers ir~ original and t' ], ) copies to perform the work required are due at the place specified in Item 8 by
local time 21 ~H ) QQN (date) if this is a sealed bid solicitation, offers will be publicly opened at that time Sealed e~velopes
containing offers shaU be marked to show the offeror's name and address, the ~olicitatlon number, and the date and time offers are due.
8. An oiler guarantee [] is, [] is not required
C. All offers are subject to the (1) work requirements, and (2) other provls;ons and claus~ incorporated in the solicitation in full text or b5
reference.
30
D. Offers providing less than __ calendar days for Government acceptance after the date offers are due will not be considered ant
will be rejected.
OFFER (/du;t l~ fu//y ¢ompleted by off~ror)
CODE FACILITY CODE
Z o~ 2
SEE ATTACHED "BIDDING SCHEDULE"
18. The offeror agrees 1o furnish any required performance and paym~n! bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
AMENDMENTDATE NO. I I
20C.OFFE R (DATE
AWARD (7'o be complered by Govemm~nt)
2[. tTEMSACCE!~TED:
24. SUBMIT INVOICEB TO ADORES~ SHOWN IN
Department of the A~my
New York District, Corps of-EngineErs
Jacob J. Javits Federal Building
New York, N.Y. 1'0278
96x3123 Operations & Maintenance, COE, C-IVIL
~,~ ITEM Z$. OTHER THAN FULL ANO OPEN COMPETITION PURSUANT TO
·
U 10 U.S.C. 2304(c) ( ) [] 41 IJ.S.C. 253(c) { }
27. PAYMENT WILL me MAOE ay
Disbursing Office
US Army Engineering Division, New England
424 Trapelo Road
Waltham, HA 02254
COIV TRA C TING OFFICER WILL COMPL E TEI TEM'28 OR 25 AS A PPL/CA 8L E
BV
STANDARD FORM 1442 ~ACK {REV. 4*BS)
SOLICITATION, OFFER, ' ' ' ....... ' I '
ANDAWARD DACWSi-90-B-O031 $£ALEDBID(IFB; ~,~n ]990 I OE 2
(Construct/o.% AImr'aHon, or Repair} [ [] NEGOTIATEO (RFP) ·
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
/
I
New York District, Corps uf E.~.in~e~ New York District, Corps of Engineers
Jacob J. Javits Federal Building Jacob J. Javits Federal Building
New York, New York 10278 New York, New York 10278
ATTN: Con.~ract Preparing Sectio~
Contracting Division
Room 1841
9. FOR INFORMATION
~....
CALL: ~"'lSee Section L. pfiragraph 23 for names and .telephone numbers
SOLICITATION
NOTE: In sealed bld solicitations "offer"and "offeror" mean "bid"and "bidder".
MAINTENANCE DREDGING
MATTITUCK HARBOR
NEW YORK
In strict accordance with specifications, drawings, and other attachments lis.t.
In this document and. amendment (s), if any, issued prior to bid opening date.-
This is a civil program procurement'a~d is not funded by the Department of
Defense.
1 I. The Contractor shah begin performance within i 0 calendar days and complete it within 30 calendar days after rece{wng
[] award. [] not;ce to proceed This performance per,od is [] mandatory. [] negotlable (,,~ .~
{~]YES ~]NO See Section L, para. 18 Ten (10)
3:00 p.m.
A. Sealed offers ;q orig na and ( [ ) copies to perform the work requi~ed are due at the place specified in Item 8 by {AourJ
local dme 21 F~ 1QgI~ /date] if this is a sealed b,d solicitation, offers will be publicly opened at that time. Sealed envelopes
containing offers shall be marked to show the offeror's name and address, Ihe :olicitatlom number, and the date and time offers are d~e.
IR. An offer guarantee [] is, [] is not required
C. All offers are subject to the (1) work requirements, and {21 other provisions and clause~ incorporated in the ~olic~taticn in full text or by
reference·
30
O. Offers proviaing mess than __ calendar days for Governmen! acceptance alter the date offers are due w,ll r~ot be considered an~
will De reiected,
STANDARD FORM 1442
OFFER (Must be fu//y completed by offwo~J
CODE
z o.t 2
AMOUNTS
SEE ATTACHED "BIDDING SCHEDULE"
18. The offeror agrees to furnish any required performance end payment bonds.
AMENDMENT NO.
DATE
19. ACKNOWLEDGMENT OF AMENDMENTS
21. tTEMSACCEPTED:
AWARD (To be complered l;y Oo~mment)
20C.OFFER OATE
24 SUBMIT iNVOiCES TO AODRES~ SHOWN IN
Department of the A~my
New York District, Corps of. Engineers
Jacob J. Javits Federal Building
New York, N.Y. 10278
COE, C-IVIL
25. OTHER THAN ~ULL ANO OPEN COMPETITION PURSUANT TO
[] 10 U.$.C. 2304~) ( ) [] 41 U.$.C. 2S3(c1 (
Disbursing Office
US Army Engineering Division, New Englan,
424 Trapelo Road
Waltham, MA 02254
CONTRACTING OFFICER WILL COMPLETE ITEM'28 0R 29 AS APPLICAeLE
STANDARD FORM 1442 BACK [REV. 4-eS)
SECTION B
SUPPLIES OR SERVICES AND PRICES
BTDDTN(3 fJCHEDULB A
~INTEITANCE DREDGING
]~J~TTITUCE H~RBOR
N~w YORE
NO. DAC~SL-90-B-0031
EBTI~TED UNIT
DESCRIPTION QU,~'TITY UNIT PRICE AHOUNT
1. Mobilization and LUMP SUM $
Demobilization
Dredging - Removal and
disposal of all material
except ledge rock lying
above the plane of 7 feet
below mean low water, in
specified areas in Mattituck
Harbor, New York,with disposal
of dredged material at the
beach east of the east jetty
as shown on contract drawings
No.44.
Section 1
8,895 C.Y.
Section 2
1,662 C.Y. $ $
TOTAL 10,557 C.Y. $
Only one award will be made under this invitation. Bidders must bid
on Schedules A and B. The low bidder for purposes of award shall be
the responsive responsible bidder offering the lowest amount for
Schedule &, provided the disposal site is available at the time bids
are opened. If the disposal site for Schedule A is unavailable at the
time of bid opening, the responsive responsible bidder offering the
lowest amount for Schedule B will be considered the low bidder for
purposes of award.
B-1
BIDDING SCHEDULE B
MAINTENANCE DREDGING
MATTITUCK HARBOR NEW YORK
IFB NO. DAC~51-90-B-0031
ESTIMATED UNIT
DESCRIPTION QUANTITY UNIT PRICE AMOUNT
1. Mobilization and LUMP SUM $
Demobilization
Dredging - Removal and
disposal of all material
except ledge rock lying
above the plane of 7 feet
below mean low water in
specified areas in Mattituck
Harbor, New York, with disposal
of dredged material at the
Central Long Islan~ Soun4
Disposal site as shown on
contract drawings No.44.
Section 1 8,895 C.Y. $ $
Section 2 1,662 C.Y. $ $
TOTAL 10,557 C.Y. $
0nly one award will be made under this invitation. Bidders must bid
on Schedules A and B. The low bidder for purposes of award shall be
the responsive responsible bidder offering the lowest amount for
Schedule A, provided the disposal site is available at the time bids
are opened. If the disposal site for Schedule A is unavailable at the
time of bid opening, the responsive responsible bidder offering the
lowest amount for Schedule B will be considered the low bidder for
purposes of award.
B-1
SECTION C ( PART 1 )
DESCRIPTION/SPECIFICATIONS
TECHNICAL PROVISION8
PARA
TITLE
PAGE
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Work Covered by Contract Price
Order of Work
Character of Materials
Site Conditions
Sedimentation Permits
Submittals
Plant
Disposal of Dredged Material
Overdepth and Side Slopes
Limit of Dredging
Reporting requirements
Measurement and Payment
Buoy Removal
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C-7
C-8
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C-8
C-10
2.
3.
4.
5.
6.
7.
8.
9.
10.
ENVIRONMENTAL PROTECTION
Scope
Reference
General
Notification
Subcontractors
Implementation
Protection of Water Resources
Protection of Fish and Wildlife
State Water Quality Certificate
Measurement and Payment
( PART 2 )
C-ii
C-ii
C-Ii
C-Ii
C-12
C-12
C-12
C-12
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C-13
C
SECTION
DESCRIPTION/SPECIFiCaTIONS
( PART 1 )
TECHNICAL PROVIBION8
1. WORK COVERED BY CONTRACT PRICE.
The work consists of furnishing all plant, labor, material
and equipment, and performing all work in strict accordance
with the specifications and drawings for the dredging and
disposal of material from Mattituck Harbor, New York as
described herein.
1.1 MOBILIZATION & DEMOBILIZATION, PAYMENT ITEM No. I (12/85)
(a) Ail costs connected with the mobilization and
demobilization of all the contractor's plant and equipment
will be paid for at the contract lump sum price for this
item. Sixty percent (60%) of the lump sum price will be paid
to the Contractor upon completion of his mobilization at the
work site. The remaining forty-percent (40%) will be paid to
the Contractor upon completion of demobilization.
(b) In the event the Contracting Officer considers that
the amount in this item (60%), which represents mobilization
and (40%) which represents demobilization, does not bear a
reasonable relation to the cost of the work in this contract,
the Contracting Officer may require the Contractor to produce
cost data to justify this portion of the bid. Failure to
justify such price to the satifaction of the Contracting
Officer will result in payment of actual mobilization costs,
as determined by the Contracting Officer at the completion of
mobilization, and actual demobilization costs, as dtermined
by the Contracting Officer at the completion of
demobilization, and payment of the remaider of this item in
the final payment under this contract. The determination of
the Contracting Officer is not subject to appeal.
1.2 REMOVAL & DISPOSAL OF MATERIAL.
The contract price per cubic yard for dredging shall
include the cost of removal and disposal of all materials as
specified herein or indicated on the drawings, with the
exception of ledge rock, large boulders,large rock fragments,
wrecks, snags, stumps, and piles which cannot be removed or
buried below project depth without blasting. Should ledge
rock or other material which cannot be removed without
blasting be encountered, the Contractor should give
Contracting Officer notice of differing site condition, in
C-1
accordance with Differing Site Conditions clause, and shall
remove therefrom all overlying material which in the
judgement of the Contracting Officer and/or his
Representative can be removed. Nothing in this paragraph
shall be construed as prohibiting the removal of excepted
material by special means at prices agreed upon and approved
in accordance with Section I, contract clause: "DIFFERING
SITE CONDITIONS" (FAR 52.236-3).
2. ORDER OF NORK: NOT APPLICABLE
3. CHARACTER OF MATERIALS=
3.1 The material to be removed to gain the depth within the
limits called for in this specifications and drawings is
material which has shoaled in the area since last dredged to
authorized dimensions. Based on analyses of samples taken in
the vicinity of the project area, the character of materials
within the dredging limit is predominately sand (greater than
95%).
3.2 Bidders are expected to examine the site of the work
and decide for themselves the character of the materials.
Records of previous dredging operations are available at the
U.S. Army Engineering District, New York, Operations
Division, Navigation Branch, Room 1937, Jacob Javits Federal
Building, New York 10278-0090.
4. SITE CONDITIONS: Bidders are expected to examine the
site of the work, including the disposal areas and decide for
themselves the conditions affecting their operations.
Special attention should be given to the overhead wire
crossing, approximately 85 feet above mean high water and
spaning 1,174.4 feet across Mattituck Inlet at Waterville,
Long Island, one (1) mile from the mouth of the inlet.
Permit No. 1801 issued to Long Island Lighting Co. c/o E. I.
Phillips & Co., 50 Church Street, New York, N.Y. See
contract clause (#62) entitled: "SITE INVESTIGATION AND
CONDITIONS AFFECTING THE WORK."
5. SEDIMENTATION PERMITS: No local governmental sedimen-
tation or erosion control permits are required for this work
except that as required in accordance with Section I,
contract clause (#65) entitled: "PERMITS AND
RESPONSIBILITIES" (FAR 52.236-7).
6. SUBMITTALS: The Contractor shall submit for approval,
by the Contracting Officer and/or his Representative, its
plan for development of any contractor furnished disposal
areas or any modification to the Government furnished
disposal area. This plan shall show areas or portions
thereof to be used. The plan shall also show the manner in
which the dredged material will be distributed in the areas.
C-2
7. PLANT: The Contractor agrees to keep on the job
sufficient plant to meet the requirements of the work. The
plant shall be in a satisfactory operating condition and
capable of safely and efficiently performing the work as set
forth in the specifications and the plant shall be subject to
the inspection of the Contracting Officer and/or his
Representative at all times. N__9o ~ i_~n the ~ o_~f
~he Dlant ~ 9n the ~Qrk s a_b_~ ~e Bade except b_~
~ritten ~ of the gontractiDq Officer and/or hi~
Re resentative. The measure of the "capacity of the plant"
shall be its actual performance on the work to which these
specifications apply.
Ail scows must be kept in good condition, the coamings
repaired and the pockets provided with proper doors or
appliances to prevent leakage of material.
Ail pipelines for hydraulic dredging plant must be kept in
good condition at all times and any leaks or breaks along
their length shall be promptly repaired.
8. DISPOSAL OF DREDGED MATERIAL.
8.1a
DISPOSAL OF DREDGED MATERIAL ON THE MATTITUCK HARBOR
BBACH, EAST OF THE EAST JETTY, TOWN OF 8OUTHOLD {This
oDtion can 9Dl~ b_~e carried out if Option Schedule A is
awarded) -- --
8.1a.1 The dredged material shall be deposited on the
disposal area to the specified limits and profiles shown on
the drawings described in Section H, paragraph H - 5 The
material shall be deposited as evenly as practicable by the
hydraulic method to form a comparatively smooth and uniform
beach surface. Dredged material shall be pumped directly
from the vessel to the disposal site. No bottom dumping and
rehandling will be allowed.
8.1a.2 The Contractor shall manipulate the dredge discharge
in a manner such that a minimum of shaping by mechanical
equipment will be required and a minimum of material will be
lost.
8.1a.3 Placement of dredged material on the disposal area
shall be subject to the following conditions:
(a) Any discharge pipeline crossing navigation channels
materiamust be submerged so that sufficient depth for
navigation exists.
(b) Such discharge pipeline must be marked by sign, lights
or other devices to insure safety to navigation by day and by
night. All of these devices shall be in complete accordance
with Coast Guard regulations.
C-3
(¢) The discharge pipeline shall be arranged as approved
by the Contracting Officer and the routing of such shall be
fully coordinated with the Town of Southhold to ensure
minimum disruption of the operation of the Tow~ of Southold
or ecologically sensitive areas.
(d) It is expected that in placing the sand fill
hydraulically, most of the silt, and other fines being pumped
will be washed into the Long Island Sound and dissipated by
wave action. To this end no ponding of the dredge effluent
will be allowed. However, baffles or low temporary dikes to
control the flow of the dredge effluent will be permitted.
The dredge effluent shall in all cases return directly to the
Sound and not to the inshore side of the fill.
(e) The Contractor shall be solely responsible for any
damage caused by him to buildings, pavement, curbs, signs,
lawns, bulkheads, beach grass, or any other property adjacent
to the disposal areas, and shall be required to repair at his
own expense any such damage caused during the performance of
work under this contract. Prior to the commencement of
operations and after completion thereof, a joint inspection
by representatives of of the Contractor, the Contracting
Officer and local interests pertaining to the above will be
made.
(f) In order to provide access for pedestrians across the
pipeline in beach use areas with the contract limits, the
pipeline shall be ramped with sand to the top elevation of
the pipe at pedestrian access ways for a width of 30 feet to
each side of the access way centerline. The Contractor may
provide another method of of maintaining pedestrian
thoroughfare across the pipeline upon approval by the
Contracting Officer. Pedestrian thoroughfare shall be
maintained for the duration of the contract unless the Town
of Southhold specifically precludes or resticts public use of
the area.
(g) The area where filling operations are in progress,
shall be floodlighted during the hours of darkness.
Illumination shall be provided by using portable light
equipment such as model No. LDA 16 MTVE manufactured by
ALLMAND BROS. INC. of HOLDREIRE, or approved equal. A
minimumof 3 foot candles of illumination shall be maintained
in the immediate vicinity of the pipe discharge.
(h) Monitoring the discharge operation by radio
communication from end of discharge line to lever man during
all pumping operations are required.
(i; A ~ must be used when ~ ~ onto
the ~ area. --
8.~a.4 QUALITY CO~TROL: The Contractor shall establish and
C-4
maintain quality control for placement of the beach fill to
assure compliance with contract requirements, and maintain
records of his quality control for all construction
operations, including but not limited to the following:
(a) Dredging, including suitablity of dredged material and
manipulation and control of the dredge discharge.
(b) Placement of sand fill material, including continuity
and order of placement, distribution of material and measures
used to control loss of material.
(c) Debris from the sand fill material shall be removed and
disposed of as directed.
8. lb
DISPOSAL OF THE DREDGED MATERIAL AT THE CENTRAL LONG
ISLAND SOUND DISPOSAL SITE ( This option can only be
carried out if Option Schedule B is awared)
8.1b.1 The material to be dredged, exclusive of all floatable
material, will be disposed of at the "Central Long Island
Sound Disposal Site" disposal area as shown on the contract
drawing map No. 44 Dredged material to be disposed at the
disposal area shall be dumped in accordance with the
instruction and locations as appear in Section J, Attachment
A, Map No. 3.
The disposal operation is to be carried out in conformity
with the goals, objectives, and requirements of the EPA
activities. All disposal activities shall be recorded as
specified in Section C, paragraphs (8.7) thru (8.10)
inclusively.
The Central Long Island Sound Disposal Site is located
approximately 5.6 nautical miles off South End Point, East
Haven. The site is 2 nautical miles long by 1 nautical mile
wide with the major axis running true east-west and center at
41° 08' 95" N latitude and 72° 52' 85" W longitude. This
disposal site is approximately 25 nautical miles from
Mattituck Harbor.
8.1b.2 Prior to the departure of a vessel from port for the
transportation and disposal or deposit of dredged material in
the approved dump site, the U.S. Army Engineers New England
Div., Located at 424 Trapelo Road, Waltham, MA. 02254, will
be notified by telephone for the arrangement of inspection,
at telephone No. (617)647-8493. Ail calls must be made at
least 10 working days in advance. Contractor shall be
charged for the cost of inspection. Advance payment of
inspection costs may be required. The cost for disposal
service is $23.00 per hour for each inspector, for each hour
worked including overtime, weekends and holidays.
C-5
8.2 MONITORING PERSONNEL: The Contracting Officer may
require personnel to be on board the dump vessel during
completed cycles of loading, travel, and disposal. The
monitoring personnel may check the disposal of the material
and obtain dredged material and water samples. Meals as
normally provided to the crew shall be made available to the
monitoring personnel in accordance with Special Clause, H-19,
"ACCOMMODATIONS FOR GOVERNMENT INSPECTORS..
8.3 The disposal operation is to be carried out in
conformity with the goals, objectives, and requirements of
the EPA Criteria established pursuant to Section 103 of the
Marine Protection Research and Santuaries Act of 1972, as
published in 40 CFR 220-228.
8.4 BARGE AND HOPPER DREDGES: The use of bottom dump
barges and hopper dredges to dispose of dredged material in
the disposal areas will be permitted. The economic loading of
scows or hopper dredges will be coordinated with the
Contracting Officer and/or his Representative, and the
Contractor will require to keep to a minimum the quantity of
material allowed to flow overboard through the overflow
system.
8.5 The average distance which material will have to be
transported to the dumping ground at sea as described above
is approximately 2--5 nautical miles each way.
8.6 Ail floatable material excavated including but not
limited to wood and tires shall be disposed of at an existing
approved upland disposal area. Should the Contractor
encounter floatable material, a copy of a letter granting the
permission of appropriate authorities to use an existing
approved upland area shall be submitted to the Contracting
Officer and/or his Representative.
8.7 The Contractor will have a "NOTICE TO MARINERS',
published by the Coast Guard prior to start of work. Every
vessel engaged in the transportation of dredged material of
any description shall have its name or number and owner's
name printed in letters and numbers, at least fourteen (14)
inches high, distinctly legible at all times, and no scow or
boat, not so marked, shall be used to transport or dump any
such material.
8.8 REPORTING REQUIREMENT: The Contractor is required to
telephone the Corp's Water Quality Compliance Branch prior to
departure from the dredging site. Up-to-date trip and
disposal volume information must be reported on a daily
basis. Phone machine calls will be made to the Water Quality
Compliance Branch at (212) 264-0165 on a 24 hour, seven days
a week basis. By these phone calls, the Contractor will
furnish the following information:
C-6
1. Contract Number.
2. Date of disposal operation.
3. Trip number
4. Name and owner of towing vessel and scow n~mher.
5. Volume and general description of dredged
material to be dumped.
6. The place of departure.
7. The location of dump site.
8. The time of departure to disposal site.
9. The time of arrival at disposal site.
10. The time of return to the dredging site.
11. The name of the Corp's Inspector, when
applicable.
12. Any specific requirements, deviations from
schedules or observations encountered during the
disposal operations including MISSING OR OFF
POSITION DISPOSAL BUOYS.
8.9 The Contracting Officer and/or his Representative
reserves the right to require Corps of Engineers Inspectors
to accompany all tows to the Central Long Island Sound
Disposal Site to certify compliance with section 8.1 above.
8.10 The Contractor will be required to fill out the
inclosed copy of "Monthly Transportation and Dumping Log (see
Section J - Attachment E). It is required that every trip
made under this authorization be recorded and endorsed by the
master of the tow or the person acting in such capacity.
This log is to be completed and returned to the address below
no later than the 4th day after each month of activity.
District Engineer U.S. Army Engineer District, New York
ATTN: CENAN-OP-W Jacob Javits Federal Building New
York, N.Y. 10278-0090
If pocket scows are employed, all necessary means must be
taken to ensure that all pockets are dumped in one location.
The actual location of dump scows (L oran C. coordinates) when
discharging loads in the disposal site shall be noted in the
"Monthly Transportation and Dumping Log" or on separate forms
to be used for this purpose. The proof of the qualifications
of the master or other Officer-In-Charge of the towing vessel
at the time dumping is accomplished shall be provided to the
Contracting Officer and/or his Representative when he so
requests.
9. OVERDEPTH AND SIDE SLOPES.
9.1 Overdepth. To cover inaccuracies of the dredging
process, material actually removed from within the specified
area to be dredged, to a depth of not more than Z feet
immediately below the required dred~inq area, will be
C-7
estimated and paid for at the contract price.
9.2 Side and End Slopes. Material actually removed, within
limits specified herein, to provide for final side slopes not
flatter than i vertical on 3 horizontal, but not in excess of
the amount originally lying above this limiting side slope
will be estimated and paid for, whether dredging in original
position or by dredging space below the pay slope plane at
the bottom of the slope for upslope material capable of
falling into the cut.
9.3 Excessive dredging. Material taken from beyond the
limits of the acceptance cross-sections plus allowable
overdepth will be deducted from the total amount dredged as
excessive dredging for which payment will not be made.
Nothing herein shall be construed to prevent payment for
removal of shoals performed in accordance with the applicable
provisions of Section H - Special Contract Requirements: H-16
"FINAL EXAMINATION AND ACCEPTANCE " OR H-17 "SHOALING."
10. LIMIT OF DREDGING. The area to be dredged is the area of
the channel within the acceptance sections indicated on the
drawings and specified in Section H - Special Contract
Requirement entitled: H-16 "FINAL EXAMINATION AND
ACCEPTANCE," as defined by dredging prism indicated in
Section C - paragraph 9 "OVERDEPTH AND SIDE SLOPES" and
paragraph 12 "MEASUREMENT AND PAYMENT."
11. REPORTING REQUIREMENTS. The Contractor shall prepare and
maintain a Daily Report of Operations form and Quality
Control Report form and furnish signed copies thereof to the
Contracting Officer's representative. Copies of the forms
prescribed for recording the required information are
attached (Section J, Attachments C & D). Further
instructions on the preparation and submittal of the reports
will be furnished at the pre-dredging conference.
12. MEASUREMENT AND PAYMENT
12.1 Mobilization and Demobilization
subparagraph 1.1 of this section.
(Bid item no.1): See
12.2 Dredging. The total amount of material to be removed
and paid for under the contract, will be measured by the
cubic yard in place. Measurement of the number of cubic
yards in place will be made by computing the volume between
the bottom surface shown by soundings of the last survey made
before dredging and the bottom surface shown by soundings of
a survey made as soon as practicable after the entire work
specified has been completed. The volume for measurement
shall include the material within the limits of the
overdepth, side slopes described in paragraph entitled:
"OVERDEPTH AND SIDE SLOPES," less any deductions that may be
required for misplaced material described in paragraph
C-8
"DISPOSAL OF EXCAVATED MATERIAL".
lZ.3 The map and or drawings already prepared (H-5 "CONTRACT
DRAWINGS, MAPS, AND SPECIFICATIONS,,), accurately represent
conditions existing in October 1989. The soundings shown on
the contract drawing were taken with a portable electronic
depth recorder with a transducer frequency of 200 K}{Z. New
soundings will be taken before dredging. Sounding after
dredging will be made by an electronic depth recorder with a
transducer frequency of 200 KHZ. Determination of quantities
removed and deductions made therefrom to determine quantities
in place to be paid for in the area specified, after having
once made, will not be reopened, except on evidence of
collusion, fraud, or obvious error. Computations for payment
purposes will be made by the Corps of Engineers and utilizing
the average end area method and electronic data processing
machines.
12.4 Shoaling in the area to be dredged is not at a rapid
rate from existing depths. The unit price for dredging based
on the above method of computation of the quantity for which
payment is to be made shall include the Contractor's
evaluation of shoaling, changes in the regimen of the
waterway, or changes caused by the Contractor,s operations
that may occur during the period between the survey before
dredging and the survey for acceptance of the work.
12.5 Scows and Hopper Dredges. Where scows or hopper
dredges are used in performance of work and where the
Contractor maintains load or measuring devices on such scows
or hopper dredges, copies of all recorded measurements made
in connection with the work shall be furnished to the
Contracting Officer and/or his Representative. If as the
work progresses the Contractor determines that a significant
difference exists between the recorded bin or scow quantities
and the survey quantities computed from the check surveys
described in paragraph 12.6 below, he shall immediately
notify the Contracting Officer and/or his Representative of
any such discrepancies. Such notification shall include a
description of the Contractor's methods of measuring scow or
bin quantities, certification of measuring techniques,
documentation of material sampling and methods used to
convert bin or scow measurements to in-place density.
It is emphasized that bin or scow measurements shall not
used as a basis for partial or final Davment.
12.6 Monthly partial payments will be based on approximate
quantities determined by soundings or sweepings taken behind
the dredge by the Contractor and the Government Inspector
shall accompany the survey party. The contractor's soundings
are to be used for partial payments only and will not form a
basis for the acceptance of the work (see H-33 Quantity
surveys).
C-9
~2.7 The Contractor must inform the Government, in writing,
within three calendar days of completing a section as
specified on contract drawings No. 44. Each section will be
examined and accepted in accordance with Section H-16 (Final
Examination and Acceptance) within a fair and reasonable
time. Once the Contracting Officer or his representative
accepts a section, the Contractor will be relieved of all
responsibility for said section.
~3. BUOY RE44OVAL: The Contractor shall notify the Coast
Guard at least 15 days prior to the date desired for having
buoys removed or relocated which interfere with dredging
operations. Request shall be made in writing to:
Commander (oan)
THIRD COAST GUARD DISTRICT
408 ATLANTIC AVENUE
BOSTON, MASS. 02110
or by telephoning (617) 223-8337.
C-10
ENVIRONNENT PROTECTION ( PART 2 )
1. SCOPE. This section covers the furnishing of all labor,
material and equipment and performing all work required for
the protection of the environment during construction
operations except for those measures set forth in other
Technical Provisions of these specifications.
2. R~FER~NCE. "Standard Methods for the Examination of
Wastewater: Sixteenth Edition, 1985", published by A~erican
Public Health Association, 1015 Eighteenth Street, N.W.
Washington, D.C. 20036. '
2.2 "Ecological Evaluation of Proposed Discharge of Dredged
Material Into Ocean Waters", Second Printing, 1978.
2.3 "National Air Quality Standards as set forth in the U. S.
Code of Federal Regulations, Section 40 "Protection of
Environment,,, parts 50 & 51, revised July 1, 1988.
3. GENERAL. For the purpose of this specification,
environment protection is defined as the retention of the
environment in its natural state to the greatest possible
extent during project construction and to enhance the natural
appearance in its final condition. Environment protection
requires consideration of air, water, land, noise, and solid
waste management, as well as other pollutants. In order to
prevent, and to provide for abatement and control of, any
environmental pollution arising from the construction
activities in the performance of this contract, the
Contractor and his subcontractors shall comply with all
applicable Federal, State, and local laws and regulations
concerning environmental pollution control and abatement.
4. NOTIFICATION. The Contracting Officer and/or his
Representative will notify the Contractor in writing of any
non-compliance with the aforementioned Federal, State or
local laws and regulations. Such notice, when delivered to
the Contractor or his authorized Representative at the site
of the work, shall be deemed sufficient for the purpose. The
Contractor shall, after receipt of such notice, immediately
inform the Contracting Officer and /or his Representative of
proposed corrective action and take such action as may be
approved. If the Contractor fails or refuses to comply
C-11
promptly, the Contracting Officer and /or his Representative
may issue an order stopping all or part of the work until
satisfactory corrective action has been taken. No part of
the time lost due to any such stop orders shall be made the
subject of a claim for extension of time or for excess costs
or damages by the Contractor.
5. SUBCONTRACTORS. Compliance with the provisions of this
section by subcontractors will be the responsibility of the
Contractor.
6. IMPLEMENTATION. Prior to commencement of the work the
Contractor will:
6.1. Submit in writing his proposals for implementing this
section for environment protection, if requested by the
Contracting Officer and/or his Representative.
6.2. Meet with Representatives of the Contractiing Officer
and /or his Representative to develop mutual understanding
relative to compliance with his provisions and administration
of the environmental protection program.
7. PROTECTION OF WATER RESOURCEE
7.1. General. The Contractor shall not pollute the waters
with trash, debris, fuels, oils, bitumens, calcium chloride,
acids or other harmful materials. It is the responsibility
of the Contractor to investigate and comply with all
applicable Federal, State, County, and Municipal laws
concerning pollution of the water. All work under this
contract shall be performed in such manner that objectionable
conditions will not be created in the waters through or
adjacent to the contract areas.
7.2. SPILLAGEE. At all times of the year, special measures
shall be taken to prevent chemicals, fuels, oils, greases,
bituminous materials, herbicides, and insecticides from
entering the waters.
8. PROTECTION OF FISH AND WILDLIFE. The Contractor shall at
all times perform all work and take such steps required to
prevent interference or disturbance to fish and wildlife.
The Contractor will not be permitted to alter water flows or
otherwise disturb native habitat adjacent to the project
areas which in the opinion of the Contracting Officer and/or
his Representative are critical to fish and wildlife.
Fouling or pollution of water will not be permitted.
9. STATE WATER QUALITY CERTIFICATE. Copies of New York and
Connecticut State Water Quality Certificate are attached as
Attachment F, Section J of the specifications. Contractor is
required to comply with all the requirements as specified in
the certificate.
C-12
10. MEASUREMENT AND PAYMENT:
10.1. Measurement. No measurement as such will be made for
work performed under this section.
10.2. PAYMENT. No separate payment will be made for the
work covered under this Section and all costs in connection
therewith will be included in the applicable contract price
to which the work pertains.
C-13
SECTION D
PACKAGING AND MARKING
NOT USED
DD
SECTION E
INSPECTION AND ACCEPTANCE
(Quality Control)
EE
INSPECTION AND ACCEPTANCE
(Quality control)
PARA
1
2
3
4
5
6
7
TITLE
General
Pre-Dredging Conference
Submittals
Quality Control Program
Completion
Quality Control Documentation
Measurment and Payment
PAGE
E-1
E-1
E-1
E-3
E-3
E-3
E-4
SECTION B
INSPECTION AND ACCEPTANCE
(QU&LITY CONTROL IMPLEMENTATION)
1. GENERAL. The contractor shall establish and maintain an
effective quality control (QC) program in compliance with
Section I contract clause #82 : "INSPECTION OF
CONSTRUCTION" (FAR 52.246-12). The burden of contract
compliance is placed on the Contractor and not assumed by the
Government. The Contractor's QC program will not be accepted
without question and the right to inspect or verify at any
time is reserved by the Government.
2. PRE-DREDGING CONFERENCE. As soon as practicable, after
receipt of Notice to Proceed and before the start of
dredging, the Contractor shall meet with the Contracting
Officer or the Contracting officer Representative to discuss
its QC program as well as other administrative matters for
the contract work. During the meeting, a mutual
understanding of the program details shall be developed,
including the forms for recording the QC operations,
inspections, testing (if required), administration of the
program, and the interrelationship of the Contractor and
Government control and surveillance. Minutes of the meeting
shall be prepared, signed by both the Contractor and the
Contracting Officer or Contracting Officer Representative and
shall become part of the contract file.
3. SUBMITTALS
3.1 Quality Control Plan. Prior to the start of dredging, the
Contractor shall furnish its QC plan to the Contracting
officer or Contracting Officer Representative for acceptance.
Dredging will be permitted to begin only after acceptance of
the QC plan. The QC plan the Contractor proposes to
implement shall include, as a minimum, the following:
(a) A description of the quality management organization.
(b) The number, classifications, qualifications, duties,
responsibilities and authorities of personnel. A copy of the
letter signed by an authorized official of the firm, which
describes the responsibilities and delegates the authorities
of the system manager shall be furnished.
(c) Procedures for testing disposal area effluent (if
required), and any other required samples.
(d) QC activities
including those of
the work.
to be performed,
subcontractors if used to accomplish
(e) Compliance inspections recorded on the Construction
Quality control Report and the Dredging Report, samples of
which are attached. After approval of the QC plan, the
Contractor shall notify the Contracting officer or
Contracting Officer Representative in writing of any proposed
change to his QC program. At any time it is determined that
the QC program is not providing dredging operations which
conform to contract requirements, actions shall be taken by
the Contractor to correct the deficient management.
3.Z Other submittals. Procedures for purchasing materials
and equipment, subcontracting, and processing reports,
samples and other submittals shall be developed. The
procedures shall include the establishment of
responsibilit-ies to assure at each level adequate review and
approval, timely delivery including verification procedures,
and proper storage.
3.Z.1 Quality Assurance. Action shall be taken to ensure
that only materials and equipment which comply with contract
requirements are purchased and delivered to the job site,
unless specific deviations are approved. All proposed
deviations from contract requirements shall be submitted in
writing to the Contracting officer or Contracting Officer
Representative for approval.
3.Z.Z Salsotion &n4 Control. The Contractor shall review
the contract requirements and determine those submittals
needed to assure compliance. Within five days after receipt
of notice to proceed, unless otherwise directed, the
Contractor shall submit to the Contracting Officer or
Contracting Officer Representative for review and approval,
in duplicate, a submittal control document (ENG Form 4288)
listing and scheduling all submittal items required by the
contract. ENG Form 4288 (Section J, Att. I) will be
furnished to the Contractor. The contractor shall review and
revise the submittal control document at each progress
schedule update and shall furnish any revised documents to
the Contracting Officer or Contracting Officer
Representative.
3.2.3 Government Approved Submittals. When submittals are
required to be approved by the Contracting Officer or
Contracting Officer Representative, adequate time shall be
allowed for review and approval. Approval action by the
Government will not relieve the Contractor of its
responsi-bility for compliance with the contract.
4. QC PROGRAM CONTROL. The Contractor's QC program shall
include the following three phases of control and management
for each definable feature of the work. The Contractor's QC
manager shall notify the Contracting Officer or Contracting
Officer Representative at least 24 hours in advance of any
activities to be accomplished under the first two phases of
this program.
4.1 PREPARATORY. This control phase shall be performed
before beginning work on each definable feature of work. It
shall include a review of contract requirements to assure
compliance.
4.2 INITIAL. This phase of control shall be accomplished
at the time of arrival of disposal area or dredging personnel
on site to accomplish a definable feature of work, and shall
be repeated at any time when new workers or crews arrive for
assignment to the project. The contractor's QC program shall
be as such to permit the transfer of information of quality
requirements specified in this contract to each worker so
that the specified quality of work will be provided and
consistent production of high quality of work will be
encouraged. It is during this phase that control testing
shall be undertaken and verified.
4.3 FOLLOW-UP. The follow-up phase shall be performed
continuously to verify that control procedures are providing
an end product which complies with contract requirements.
5. COMPLETION. At the completion of the work, the
Contractor's QC manager shall conduct a joint completion
review with the Contracting Officer or Contracting Officer
Representative. During this review, the work shall be
examined, quality control shall be reviewed, and a list
prepared for work items not conforming to the plans and
specifications. This list shall be included in the submittal
control document with an estimated date for correction of
each deficiency. The Contractor shall assure that
deficiencies have been corrected prior to the scheduled
completion dates. Payment will be withheld for defective or
deficient features until they are satisfactorily corrected
except as otherwise specified in the contract clause:
"INSPECTION OF CONSTRUCTION."
6. QC DOCUMENTATION. The Contractor shall maintain
current records on approved forms, samples of which are
attached, of quality control operations, activities, and any
required tests. These records shall include factual evidence
that the required activities have been performed, and shall
include both conforming and defective or deficient features.
The records shall also include a statement that materials and
equipment used in the work comply with the contract except
for approved deviations. Legible copies of these records
shall be furnished to the Contracting Officer or Contracting
Officer Representative on a wemkl¥ b&sis.
7. MEASUREMENT AND PAYMENT. No separate payment will be
made for any work under this section and all costs in
connection therewith shall be included in the cost for all
the bid items.
E-4
SECTION F
DELIVERIES AND PERFORMANCE
NOT USED
FF
SECTION G
CONTR~%CT ADMINISTRATION DATA
NOT USED
GG
SECTION H
SPECIAL CONTRACT REQUIREMENTS
PARA
EBCTION H
SPECIAL CONTI~tCT REQUIREMEMTS
INDEX
TITLE
PAGE
H-1
H-2
H-3
H-4
H-5
H-6
H-7
H-8
H-9
H-10
H-11
H-12
H-13
H-14
H-15
H-16
H-17
H-18
H-19
H-20
H-21
H-22
H-23
H-24
H-25
H-26
H-27
H-28
H-29
H-30
H-31
H-32
H-33
H-34
H-35
H-36
H-37
H-38
H-39
H-40
COMMENCEMENT, PROSECUTION, & COMPLETION OF
WORK ........................................
PERFORMENCE OF WORK BY THE CONTRACTOR ..........
SUBMITTAL OF WORK TO BE PERFORMED BY THE
CONTRACTOR .................................
LIQUIDATED DAMAGES ..........................
CONTRACT DRAWINGS, MAPS AND SPECIFICATIONS..
PHYSICAL CONDITIONS .........................
TIME EXTENSIONS .............................
LAYOUT OF WORK ..............................
DATUM AND BENCHMARKS ........................
ESTIMATED QUANTITIES ..........................
VARIATION IN ESTIMATED QUANTITIES-DREDGING ....
HEAD PROTECTION ..............................
SIGNAL LIGHTS ................................
MISPLACED MATERIAL ...........................
CONTINUITY OF WORK .........................
FINAL EXAMINATION AND ACCEPTANCE .............
SHOALING ....................................
H-1
H-1
H-1
H-1
H-2
H-2
H-6
H-6
H-6
H-7
H-7
H-$
H-8
H-8
H-9
H-9
H-10
INSPECTION ..............................
ACCOMMODATIONS FOR GOVERNMENT INSPECTORS.
EQUIPMENT AND OWNERSHIP EXPENSE SCHEDULE.
FUEL USAGE ..........................
OIL TRANSFER OPERATIONS .............
WAGE RATES ..........................
LABOR ADDITIONAL REQUIREMENTS .......
NOTICE TO MARINERS ..................
ENVIRONMENTAL LITIGATION ............
CERF IMPLEMENTATION ..................
PERFORMANCE EVALUATION OF CONTRACTOR ....
ALTERATIONS IN CONTRACT .................
.... H-10
.... H-il
.... H-il
.... H-12
.... H-12
.... H-12
.... H-13
.... H-13
.... H-13
.... H-13
...... H-14
...... Hrl5
PRICING OF ADJUSTMENTS ......................... H-15
PRECONSTRUCTION CONFERENCE ..................... H-15
THE SEAGOING BARGE ACT ......................... H-16
QUANTITY SURVEYS ............................... H-16
SAFETY SIGN .................................... H-17
PROJECT SIGN ................................... H-17
ACCIDENT PREVENTION PLAN ....................... H-18
EQUAL OPPORTUNITY PREAWARD CLEARANCE
CLEARANCE OF SUBCONTRACTS ................... H-18
BID GUARANTEE .................................. H-IS
SCHEDULING AND DETERMINATION OF PROGRESS ....... H-18
SPECIAL PROHIBITION OF EMPLOYMENT .............. H~20
H
conviction. However, if the person has also been debarred
pursuant to FAR subpart 9.4, the above prohibition shall
extend for the period of debarment, but in no event shall the
prohibition be less than one (1) year from the date of
conviction.
(d) If the Contractor knowingly employs a convicted
person in a management or supervisory capacity on any defense
contract or subcontract or knowingly allows such person to
serve on its board of directors within the prohibited period,
the Government may consider, in addition to the criminal
penalties contained in Section 941 of P~b. L. 99-500, other
available remedies, such as suspension or debarment and may
direct the cancellation of this contract at no cost to the
Government, or terminate this contract for default.
(e) the Contractor agrees to include the substance of
this clause, including this paragraph (e), appropriately
modified to reflect the identity and relationship of the
parties, in all subcontracts exceeding $25,000.
H-21
SECTION I
CONTRACT CLAUSES
I
SPECIAL CONTRACT REOUIREMENTS
H-1 CO~ENCEI~ENT, PROSECUTION, ~ COMPr'~TION OF WOP~K (1965
APRIL OCE)
The Contractor will be required to commence dredging work
under this contract within 10 calendar days after the date of
receipt by him of notice to proceed, to prosecute said work
diligently and to complete the entire work ready for use not
later than 3__0 calendar days after the date of receipt by him
of notice to proceed provided, that should the total quantity
of material to be paid for and actually removed under the
contract exceeds the limit established in the clause entitled
"Variations in Estimated Quantities", additional time will be
allowed at the rate of A calendar day for each ~t000 cubic
yards in excess of the established limit. The time stated
for completion shall include final clean-up of the premises.
(EFARS 52.2/9110 (a)).
The work is estimated to cost under $500,000.
H-2 PERFOi~.~(ANCE OF WORK BY THE CONTRA~'TOR (APR 1984)
The Contractor shall perform on the site, and with its own
organization, work equivalent to at least forty (40) percent
of the total amount of work to be performed under the
contract. This percentage may be reduced by a supplemental
agreement to this contract if, during performance of the
work, Contractor requests a reduction and the Contracting
officer and/or his Representative determines that the
reduction would be to the advantage of the Government. (FAR
52.236-01)
H-3 SUBMITTAL OF WORK TO BE PERFORMED BY THE CONTRACTOR
The Contractor shall furnish the Contracting Officer and/or
his Representative within ten (10) days after award of the
items of work he will perform with his own forces and the
estimated cost of those items. The percentage of work that
must be performed by the Contractor is stated in the Special
Contract Requirement entitled, H-2 "PERFORMANCE OF WORK BY
THE CONTRACTOR".
H-4 LIQUIDATED D]%MAGES-CONSTRUCTION (APR 1984)
a. If the Contractor fails to complete the work within the
time specified in the contract, or any extensions thereof,
the Contractor shall pay to the Government as liquidated
damages, the sum of $402.00 for each day of delay.
b. If the Government terminates the Contractor's right to
proceed, the resulting damage will consist of liquidated
damages until such reasonable time as may be required for
final completion of the work together with any increased
H-1
costs occassioned the Government in completing the work.
c. If the Government does not
right to proceed, the resulting
liquidated damages until the work
(FAR 52.212-5)
terminate the Contractor's
damage will consist of
is completed or accepted.
H-$ CONTRACT D~AWINGS, MAP8 AND 8PECIFZCATZON8 (JAN 1965)
a. Five sets of large scale contract drawings, maps and
specifications will be furnished to the Contractor without
charge except applicable publications incorporated into the
specifications by reference. Additional sets will be
furnished on request at the cost of reproduction. The work
shall conform to the following contract drawings and maps,
all of which form a part of these specifications and are
available in the office of the District Engineer, U.S.Army
Engineer District. Jacob Javits Federal Building, New York,
N.Y. 10278-0090.
CONTRACT DRAWING NO. DESCRIPTION DATE
44 MAINTENANCE DREDGING 11 Jan.1990
MATTITUCK HA~RBOR
NEW YORK GENERAL AND
SOUNDING MAPS
b. Omissions from the drawings or specifications, or the
misdescription of details of work which are manifestly
necessary to carry out the intent of the drawings and
specifications, or which are customarily performed, shall not
relieve the Contractor from performing such omitted or
misdescribed details of the work but they shall be performed
as if fully and correctly set forth and described in the
drawings and specifications.
c. The Contractor shall check all drawings furnished him
immediately upon their receipt and shall promptly notify the
Contracting Officer or Contracting Officer Representative of
any discrepancies. Figures marked on drawings shall in
general be followed in preference to scale measurements.
Large scale drawings shall in general govern small scale
drawings. The Contractor shall compare all drawings and
verify the figures before laying out the work and will be
responsible for any errors which might have been avoided
thereby (DOD FAR Suppl. 52.236-7002).
H-6 PHYSICAL CONDITION8 (EF/~3~2 52.236-4) (APR 1984)
The information and data furnished or referred to below are
not intended as representations or warranties but are
furnished for information only. It is expressly understood
that the Government will not be responsible for the accuracy
thereof or for any deduction, interpretation or conclusion
drawn therefrom by the Contractor.
H-2
a. Weather Conditions. The site of the work is not
exposed to severe wind and wave action and the Contractor's
operations are not likely to be affected by ordinary storms.
(1) ~oq. An examination of the records of the U.S.
Weather Bureau at John F. Kennedy International Airport, New
York, discloses an average of 31 days per year on which dense
fog (visibility of 1/4 mile or less) occurs in the New York
Harbor area. The maximum number of days in which dense fog
occurred in any year was 45 in 1959. The maximum n,,mher of
days in which dense fog occured in any month was 4 days in
June
(2) Winds. Wind conditions in the New York Harbor
areas, based on the records of the U.S. Weather Bureau at
John F. Kennedy International Airport, New York are given
below: Average Maximum Maximum Consecutive Wind
3 Hour Wind Hours in Which Wind Month
Velocity Velocity Velocity Exceeded (MPH)
(MPH) 30 MPH 35 MPH
Jan. 13 52 9 3
Feb. 14 41 18 6
Mar. 14 40 12 6
Apr. 13 44 6 6
May 12 35 3 0
June 11 29 0 0
July 11 28 0 0
Aug. 10 31 0 0
Sep. 11 31 3 0
Oct. 11 37 3 3
Noc. 12 40 12 6
Dec. 13 44 18 15
Weather conditions exceeding in severity the fog conditions
described above or average wind speeds over 35 miles per hour
will be considered unusually severe weather if delays are
caused thereby to operations under the contract.
b. TIDES. The mean range of tide at entrance is 4.9 feet
and the mean range of spring tide is 5.8 feet. Irregular
fluctuations due to wind and atmospheric pressure have varied
from about 2.2 feet below mean low water to about 11.5 feet
above mean low water at the entrance.
H-3
c. TRANSPORTATION FACILITIES. A controlling depth of
about 7 feet at mean low water is available to the site of
the work. First class and highways serve the vicinity.
d. UTILITY CROSSINGS. A search of regulatory files within
the New York District, Corps of Engineers disclosed the
existence of the following utility crossing. An overhead
wire crossing, approximately, 85 feet above mean high water
and spanning 1,174.4 feet across Mattituck Inlet at
Waterville, Long Island, one (1) mile from the mouth of the
inlet. Permit No. 1801 issued to Long Island Lighting Co.
c/o E.I. Phillips & Co., 50 Church Street, New York, N. Y.
The Contractor shall take all necessary precautions to
prevent damage to the above crossing.
e. CHANNEL TRAFFIC. Vessel traffic in Mattituck Harbor is
recreational, and commercial fishing. It is expected that
the traffic may interfere with the Contractor's operation
under this specification.
f. OBSTRUCTION OF CHANNEL. The Government will not
undertake to keep the channel free from vessels or other
obstructions except to the extent of such regulations, if
any, as may be prescribed by the Secretary of the Army in
accordance with the provisions of Section 7 of the Rivers and
Harbors Act in such manner as to obstruct navigation as
little as possible, and in case the Contractor's plant so
obstructs the channel as to make difficult or endanger the
passage of vessels, said plant shall be promptly moved on the
approach of any vessel to such an extent as may be necessary
to afford a practicable passage. Upon the completion of the
work the Contractor shall promptly remove his plant,
including ranges, buoys, piles and other marks placed by him
under the contract in navigable waters or on shore.
g. NAVIGATION AIDS. The Contractor shall not relocate or
move any aids to navigation that have been established by the
U.S. Coast Guard. If it becomes necessary to have any aid to
navigation moved in order to complete dredging operations
under this contract, the Contractor shall notify the
appropriate Coast Guard Office, with a copy to the
Contracting Officer and/or his Representative, not less than
15 days prior to the need for movement. The Contractor shall
notify the appropriate Coast Guard Office of the approximate
time of completion of dredging.
h. LOCATION. Mattituck Harbor, also known as Mattituck
Creek, is a tidal inlet on the north shore of Long Island
about 85 miles east of the Battery, New York City, and about
24 miles southeast of New Haven Harbor, Connecticut.
i. LAYING OF SUBMERGED PIPELINES & OBSTRUCTIONS O__F
CHANNEL. Should it become necessary in the performance of
H-4
this contract to use a submerged pipeline across a navigable
channel, the Contractor shall notify the Contracting Officer
or Contracting Officer Representative in writing to be
received in the District office at least ten working days
prior to the desired closure date. This notification shall
furnish the following:
(~)
Location (Channel Centerline Stationing) and depth
(over the top of the pipeline) at which the submerged
line will be placed;
(2) The desired length of time the channel is to be
closed for installation of the pipe line;
(3) The date and hour placement or removal will commence;
(4) The date and hour of anticipated completion: and
(5) The name and telephone number of the person to be
contacted for information and response to any
emergency condition.
The Coast Guard has indicated that the requirements of
navigation may make it necessary to establish times other
than those requested. IT SHALL BE CONTRACTOR'S
RESPONSIBILITY TO COORDINATE HIS PLANS WITH THE COAST GUARD
SUFFICIENTLY IN ADVANCE OF THE PLANNED CLOSING TO PREVENT
DELAY TO THE DREDGING OPERATIONS AND COMPLY WITH THE COAST
GUARD REQUIREMENTS.
j. BRIDGE-TO-BRIDGE RADIO TELEPHONE EQUIPMENT. In order
that radio telephone communication may be made with passing
vessels, all dredges engaged in work under the contract shall
be equipped with and operate bridge-to-bridge radio telephone
equipment shall operate on VHF Channel 13 (156.65 MHz with
low power output having a communication range of
approximately ten (10) miles). The frequency has been
approved by the Federal Communication Commission.
H-5
H-? TIME EXTENSIONS
a. Not withstanding any other provisions in this
contract, it is mutually understood that the time extensions
for changes in the work will depend upon the extent, if any,
by which the changes delay completion of construction. The
order granting the time extension may provide that the
contract completion date will only be extended for those
specific elements affected so that the remaining contract
elements may be completed.
b. If a time extension is requested due to adverse
weather conditions, the contractor must chronologically list
each day that was lost due to adverse weather conditions with
his daily reports. The Contracting Officer and/or his
Representative will examine whether the contractor is
entitled to a time extension. The adverse weather days must
prevent work for 50% or more of the contractor's work day and
delay work critical to the timely completion of the project.
The Contracting Officer and/or his Representative will
convert any delays meeting the above requirements to calendar
days and issue a modification in accordance with the general
provision entitled "Termination for Default -Damages for
Delay - Time Extensions".
H-8 LAYOUT OF WORK (APRIL 1984)
The Government will provide the basic horizontal control data
(coordinated triangulation stations) in the area. The
Contractor shall compute and establish in the field all range
points required for the proper discharge of his functions.
The Contractor shall be responsible for the accuracy of the
range points and its computations. The Contractor shall
furnish, at his own expense, all stakes, templates,
platforms, equipment, range markers, tide staffs and labor as
may be required in laying out any part of the work. The
Contractor will be held responsible for the execution of the
work to such lines and grades as required or indicated by the
Contracting Officer or his representative. It shall be the
responsibility of the Contractor to maintain and perserve all
established stakes, markers...etc.
H-9 DATUM AND BENCH MARKS:
H-6
The plane of reference
specifications is that
Marks and tide gages:
of mean low water as used in this
determined by the following Bench
Bench Mark
Description
~levation
B 374
CHAS No.
0.05 mile south along Love Lane from
the post office at Mattituck, to the
intersection of Love Lane, State Highway
No. 25, and South Avenue, thence 1.05
mile west along Sound Avenue, thence 0.85
mile north along Cox Neck Road, thence
1.15 mile north along Breakwater Road,
to the end of the road, 538 feet north of
bench mark Chas No.2, 104 feet northeast
of pole No.46, set in top of large granite
boulder in the west jetty at Mattituck
Harbor entrance, and is 180 paces south of
the west jetty light.
+6.070'
(NGVD)
2 is a 1/2 inch. galvanized iron pipe +9.01'
in center of an 8"x 8" concrete filled (MLW)
terra cotta flue pipe 3 feet in length near the
southeast end of west jetty. The flue
pipe is set in a 3"x 3" concrete block, 8"
thick which is set in the capstones of the
old breakwater
H-10 ESTIMATED QUANTITIES
10.1 The total estimated quantities of material necessary
to be removed from within the specified limits to complete
the work described in this specification, as computed from
the information shown on the contract drawings, are as
follows:
SECTION
GRADE (CHANNEL PLUS
SIDE SLOPES}
OV~RDEPTH (CHANNEL pLUS
SIDE SLOPES]
1 4,122 C Y. 4,773 C.Y.
2 549 C.Y. 1,113 C.Y.
The total estimated quantity of material is 10,557 C.Y.,
11,000 C.Y.
10.2 The estimated cost of the work is under $500,000.
say
Above estimated quantities were computed by
sounding method form the data shown on Contract
H-7
the average
Drawing No.
44 and the maximum quantities that may be removed and paid
for will be computed by the average end area method as
indicated in the clause (Sect. C-Part l, para. 12) entitled
"Measurement and Payment" of these specifications.
H-11 VARIATION IN ESTI~ATSD QUANTITIES -DREDGING (1985. JAN)
Where the quantity of a pay item in this contract is an
estimated quantity and where the actual quantity of material
within the required dredging prism varies more than fifteen
percent (15%) above or below the stated estimated quantity
within the required dredging prism, an equitable adjustment
in the contract unit price will be made upon the demand of
either party. The equitable adjustment will be based upon
any increase or decrease in costs due solely to the
variations above one-hundred fifteen percent (115%) or below
eighty-five percent (85%) of adjustment in the contract unit
price will also apply to that part of the actual quantity of
allowable overdepth material above one-hundred fifteen
percent (115%) or below eighty-five percent (85%) of the
estimated quantity. (EFARS 52.2/9110(1))
H-12 HEAD PROTECTION (HARD HATS)
The entire work site under this contract is designated as a
hard hat area. The Contractor shall post the area in
accordance with the requirements of paragraph 07.C.03, EM
325-1-1, and shall ensure that all prime and subcontractor
personnel, vendors, and visitors utilize hard hats while
within the project area. (DR 385-1-3 4 Nov. 77)
H-13 SIGNAL LIGHTS. (FEB 1983)
The Contractor shall display signal lights and conduct his
operations in accordance with the General Regulations of the
Coast Guard governing lights and day signals to be displayed
by towing vessels with tows on which no signals can be
displayed. Vessels working on wrecks, dredges, and vessels
engaged in laying cables or pipe or in submarine or bank
protection operations, lights to be displayed on dredge pipe
lines, and day signals to be displayed by vessels of more
than 65 feet in length moored or anchored in a fairway or
channel, and the passing by other vessels of floating plant
working in navigable channels, as approved by the Commandant,
U.S. Coast Guard with respect to vessels on the high seas (33
CFR 81 App. A-72 COLREGS, Part C), vessels in inland waters
(33-CFR 93.18 - 93.31a), and vessels in western rivers (33CFR
95.5.51 - 95.70)), as applicable, (DAEN-PRP Ind dtd. 12 Sep.
83)
H-14 MISPLACED MATERIAL (JAN 1965)
Should the Contractor during the progress of the work, lose,
H-8
dump, throw overboard, sink, or misplace any material, plant,
machinery, or appliance, which in the opinion of the
Contracting Officer and/or his Representative may be
dangerous to or obstruct navigation, the Contractor shall
recover and remove the same with the utmost dispatch. The
Contractor shall give immediate notice, with description and
location of such obstructions, to the Contracting Officer
and/or his Representative or inspector, and when required
shall mark or buoy such obstruction until the same are
removed. Should he refuse, neglect, or delay compliance with
the above requirements, such obstructions may be removed by
the Contracting Officer and/or his Representative, and the
cost of such removal may be deducted from any money due or to
become due to the Contractor, or may be recovered under his
bond. The liability of the Contractor for the removal of a
vessel wrecked or sunk without fault or negligence shall be
limited to that provided in Sections 15, 19, and 20 of the
Rivers and Harbors Act of March 3, 1899 (33 USC. 410 et seq.)
(DOD FARS SUPPL. 52.236-7006)
H-15 CONTINUITY OF WORK. (APR. 1965)
No payment will be made for work done in any area designated
by the Contracting Officer and/or his Representative until
the full depth required under the contract is secured in the
whole of such area, unless prevented by ledge rock, nor will
payment be made for excavation in any area not adjacent to
and in prolongation of areas where full depth has been
secured except by decision of the Contracting Officer or
Contracting Officer Representative. Should any such
nonadjacent area be excavated to full depth during the
operations carried on under the contract, payment for all
work therein may be deferred until the required depth has
been made in the area intervening. The Contractor may be
required to suspend dredging at any time when for any reason
the gages or ranges cannot be seen or properly followed
(EFARS 52.2/9110(c))
H-16 FINAL EXAMINATION /%ND ACCEPTANCE. (APR. 1965) (EFARS
52.2/9110 (e))
a. As soon as practicable after the completion of the
entire work or any section thereof (if the work is divided
into sections) as in the opinion of the Contracting Officer
and/or his Representative will not be subject to damage by
further operations under the contract, such work will be
thoroughly examined at the cost and expense of the Government
by sounding or by sweeping, or both, as determined by the
Contracting Officer and/or his Representative. Should any
shoals, lumps, or other lack of contract depth be disclosed
by this examination the Contractor will be required to remove
same by dragging the bottom or by dredging at the contract
rate for dredging, but if the bottom is soft and the shoal
areas are small and form no material obstruction to
H-9
navigation, the removal of such shoal may be waived by the
discretion of the Contracting Officer and/or his
Representative. The Contractor or his authorized
representative will be notified when soundings and /or
sweepings are to be made, and will be permitted to accompany
the survey party. When the area is found to be in a
satisfactory condition, it will be accepted finally. Should
more than two soundings or sweeping operations by the
Government over an area be necessary by reason of work for
the removal of shoals disclosed at a prior sounding or
sweeping operations will be charged against the Contractor.
The rate for each day in which the Government plant is
engaged in such sounding or sweeping operations and/or is
enroute to or from the site or held, for the Contractor's
convenience, at or near the site for these operations shall
be $1850 except on Saturday, Sunday and Holidays when the
rate shall be $2125.
b. Final acceptance of the whole or a part of the work and
the deductions or corrections of deductions made thereon
will not be reopened after having once been made, except on
evidence of collusion, fraud, or obvious error, and the
acceptance of a completed section shall not change the time
of payment of the retained percentages of the whole or any
part of the work.
c. The entire area within the contract limits will be
surveyed for final examination and acceptance.
H-17 BHOALING. (APR. 1965) EFARB 52.2/9110(F)
If, before the contract is completed, shoaling occurs in any
section previously accepted, including shoaling in the
finished channel, because of the natural lowering of the side
slopes, redredging at contract price, within the limit of
available funds, may be done if agreeable to both the
Contractor and the Contracting Officer and/or his
Representative.
H-18 INSPECTION. (APR. 1965) EFARB 52.2/9110 (d)
The inspectors will direct the maintenance of the gauges,
ranges, location marks and limit marks in proper order and
position; but the presence of the inspector shall not relieve
the Contractor of responsibility for the proper execution of
the work in accordance with the specifications. The
Contractor will be required:
a. To furnish, on the request of the Contracting
Officer and/or his Representative or any inspector, the use
of such boats, boatmen, laborers, a part of the ordinary and
usual equipment and crew of the dredging plant as may be
reasonably necessary in inspecting and supervising the work.
However, the Contractor will not be required to furnish such
H-10
facilities for the surveys prescribed in the clause entitled
"Final Examination and Acceptance".
b. To furnish, on the request of the Contracting
Officer or Contracting Officer Representative or any
inspector, suitable transportation from all points on shore
designated by the Contracting Officer and/or his
Representative to and from the various pieces of plant and to
and from the dumping grounds.
Should the Contractor refuse, neglect, or delay compliance
with these requirements, the specific facilities may be
furnished and maintained by the Contracting Officer or
Contracting Officer Representative, and the cost thereof will
be deducted from any amounts due or to become due from the
Contractor.
H-19 ACCOMMODATIONS FOR GOVERNMENT INSPECTORB. (APR 1965)
EFARS 52.2/9110 (G)
The Contractor shall furnish regularly to Government
inspectors on board the dredge or other craft upon which they
are employed a suitable separate room for an office. The
room shall be fully equipped and maintained to the
satisfaction of the Contracting Officer and/or his
Representative; it shall be properly heated, ventilated, and
lighted, and shall have a desk which can be locked, and a
chair for each inspector, and washing conveniences. In
addition, the Contractor shall provide a suitable sleeping
area for use by the Government inspector when weather or sea
conditions preclude safe transfer to shore. The entire cost
to the Contractor for furnishing, equipping and maintaining
the foregoing accommodations shall be included in the
contract price. If the Contractor fails to meet these
requirements, the facilities referred to above will be
secured by the Contracting Officer and/or his Representative,
and the cost thereof will be deducted from payments to the
Contractor.
H-20 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (1982
JUN OCE)
a. Allowable cost for marine construction plant and
equipment in sound workable condition owned or controlled and
furnished by a Contractor or subcontractor at any tier for
work requiring adjustment in contract price shall be based
upon actual costs, provided both ownership and operating
costs for each piece of equipment or equipment groups of
similar serial and series are proposed by the contractor or
known by the Contracting Officer and/or his Representative to
be available. When actual equipment costs are proposed, the
Contracting officer and/or his Representative may require the
Contractor to provide documentation in support of such costs.
When actual costs are neither proposed nor known to be
H-Ii
available, equipment costs shall be based upon the applicable
provisions of the "Construction Equipment Ownership and
Operating Expense Schedule", Region I. For forward pricing,
the Schedule in effect at the time of negotiations shall
apply. For retrospective pricing, the Schedule in effect as
of the time work was performed shall apply. For the purpose
of determination of the hourly rates to be applied under this
contract, working conditions shall be considered to be
average unless otherwise determined by the Contracting
Officer and/or his Representative. Rates for equipment not
in the schedule will be computed by the Government using the
formulas in the schedule. Where applicable, rates in the
schedule may be used for unlisted equipment of comparable
horsepower and auxiliary features.
b. Equipment rental costs are allowable, subject to the
provisions of FAR 31.105(d) (ii) and FAR 31.205-36
substantiated by certified reproduced copies of invoices or
bills. Rates for equipment rented from an organization under
common control, lease-purchase or sale-leaseback arrangements
will be determined in accordance with the schedule. A copy
of the schedule will be provided to the successful bidder
upon request.
c. In determining the ownership expense for marine
equipment as described in the Schedule, the average use per
year shall be 7 months. (EFARS 52.2/9108(F))
H-21 FUEL USAGE.
The Contractor shall furnish the Contracting Officer and/or
his Representative a report, to be received on or before the
last day of the calendar month, listing the totals of fuels
consumed by the dredging plant and supporting vessels The
report shall list the quantities of different fuels
separately. The report shall cover the period from the 25th
of the preceding month to the 25th of the current month.
H-22 OIL TRANSFER OPERATIONS.
The Contractor shall assure that oil transfer operations to
or from his plant comply with all Federal, state, municipal
laws, codes and regulations. Particular attention is invited
to 33 CFR Subchapter 0, Pollution. The Contractor shall
incorporate in the accident prevention program, submitted in
compliance with contract clause: ACCIDENT PREVENTION,
sufficient information to demonstrate that all fuel transfers
will be made in compliance with 33 CFR 156 and any other
applicable laws, codes and regulations. (NAP-i/S1)
H-23 WAGE RATES.
The attached schedule of wage rates contains rates applicable
to all work under the contract. (See Section J, Attachment B)
H-12
H-24 LABOR-ADDITIONAL REQUIREMENT8
Fringe benefits statement: The method of payment of
applicable fringe benefits will be indicated on DD From 879,
Statement of Compliance, and attached to each weekly payroll.
H-25 NOTICE TO MARINERS
The Contractor shall prior to commencement of work notify the
3rd Coast Guard District, Aids to Navigation Officer, of his
proposed operations including location and duration of
operations and request that the information be published in
the "Notice to Mariners". This notification must be in
sufficient time so that appears in the Notice at least 15
days prior to the commencement of the dredging operation.
H-26 ENVIRONMENTAL LITIGATION (1974 NOV OCE)
a. If the performance of all or any part of the work is
suspended, delayed, or interrupted due to an order of a court
of competent jurisdiction as a result of environmental
litigation, as defined below, the Contracting officer and/or
his Representative, at the request of the Contractor, shall
determine whether the order is due in any part to the acts or
onunissions of the Contractor or a Subcontractor at any tier
not required by the terms of this contract. If it is
determined that the order is not due in any part to acts or
omissions of the Contractor or a Subcontractor at any tier
other than as required by the terms of this contract, such
suspension, delay, or interruption shall be considered as if
ordered by the Contracting Officer and/or his Representative
in the administration of this contract under the terms of the
"Suspension of Work" clause of this contract.
such suspension, delay or interruption shall
unreasonable, and an adjustment shall be
increase in the cost of performance of
(excluding profit) as provided in that clause,
the provisions thereof.
The period of
be considered
made for any
this contract
subject to all
b. The term "environmental litigation", as used herein,
means a lawsuit alleging that the work will have an adverse
effect on the environment or that the Government has not duly
considered, either substantively or procedurally, the effect
of the work on the environment. (EFARS 52.2/9109 (J))
H-27 CERF IMPLEMENTATION (83 Jun i OCE)
If the work specified in this contract is performed by a
hopper dredge(s), the owner must have an active Basic
Ordering Agreement (BOA) for the hopper dredge(s) on file
with the Corps. The Contractor shall be obligated to make
the hopper dredge(s) available to serve in the Corps of
Engineers Reserve Fleet (CERF) at any time that the hopper
H-13
dredge(s) is performing work under this contract. When the
Contracting Officer and/or his Representative is notified of
the decision to activate this dredge(s) into the CERF, he
shall take appropriate action to release the dredge(s). He
may then extend or terminate the contract to implement which
ever action is in the best interest of the Government. The
CERF contract shall also be subject to the following
condition:
a. The Director of Civil Works may require the contractor
to perform emergency dredging at another CONUS (48 contiguous
states) site for a period of time equal to the remaining time
under this contract at the date of notification plus up to
ninety (90) days at the previously negotiated rate which
appears on the schedule of prices in the BOA.
b. The Chief of Engineering may require the contractor to
perform emergency dredging at an OCO~3S (Outside CONUS which
includes Alaska, Hawaii, Puerto Rico, the Virgin Islands, or
U.S. Trust Territories) site for a period of time equal to
the time remaining under this contract at the date of
notification plus up to one hundred eighty (180) days at the
negotiated rate which appears on the schedule of prices in
the BOA.
c. The CERF shall be activated by the Chief of Engineering
or the Director of Civil Works; then the Ordering Contracting
Officer and/or his Representative will notify the contractor.
From the time of notification, the selected hopper dredge(s)
must depart for the emergency assignment within seventy-two
(72) hours for CONUS or ten (10) days for OCONUS assignments.
d. A confirming delivery order will be issued pursuant to
the Basic Ordering Agreement (BOA) by the Ordering
Contracting Officer and/or his Representative~ Such delivery
order shall utilize the schedule of rates in the BOA for the
specific hopper dredges(s).
e. If during the time period specified in a, b, or c,
above, a CERF vessel(s) is still required, the contract
performance may be continued for additional time by mutual
agreement. (EFARS 52.2/9112)
H-28 PERFORMANCE EVALUATION OF CONTRACTOR (APR 1984)
a. As a minimum, the Contractor's performance will be
evaluated upon final acceptance of the work. However, interim
evaluation may be prepared at any time during contract
performance when determined to be in the best interest of the
Government.
b. The format for the evaluation will be DD Form 1596, and
the Contractor will be rated either outstanding, satisfactory
, or unsatisfactory in the areas of Contractor Quality
H-14
Control, Timely Performance, Effectiveness of Management,
Compliance with Labor Standards, and Compliance with Safety
Standards. The Contractor will be advised of any
unsatisfactory rating, either in an individual element or in
the overall rating, prior to completing the evaluation, and
all Contractor comments will be maintained a part of the
official record. Performance Evaluation Reports will be
available to all DOD contracting offices for their future use
in determining Contractor responsibility, in compliance with
FAR 36.201 (c). (DEAN-PRP Ltr dtd 30 Apr 84)
H-29 ALTERATIONS IN CONTRACT (APR 1984) ,
Portions of the contract are altered as follows:
a. Add the following sentence to paragraph "a" of Contract
Clause 52: Insurance Work on a Government Installation:
"Insurance coverage shall be as specified in 28.307 of the
Federal Acquisition Regulation".
bo The following clause is incorporated as part of the
contract: "By entering into this contract, the Contractor
certifies that neither it, nor any person or firm who has an
interest in the Contractor's firm, is a person, or firm
ineligible to be debarred in accordance with FAR subpart
"9.4" (DEAN-PRP EFAR Acquisition Letter 85-1 dated 11 Sept
85)
H-30 PRICING OF ADJUSTMENTS (APR 1984)
When costs are a factor in any determination of a contract
price adjustment pursuant to the Changes clause or any other
clause of this contract, such costs shall be in accordance
with Part 31 of the Federal Acquisition Regulation and the
DOD FAR Supplement in effect on the date of this contract.
(DOD FAR SUPP 52.243.7001) costs shall be in accordance with
Part 31 of the Federal Acquisition Regulation.
H-31 PRECONBTRUCTION CONFERENCE
a. A preconstruction conference will be arranged by the
Contracting Officer and/or his Representative after award of
contract and before commencement of work. The Contracting
Officer's representative will notify the Contractor of the
time and date set for the meeting. At this conference, the
Contractor shall be oriented with respect to Government
procedures and line of authority, contractual,
administrative, and construction matters. Additionally, a
schedule of required submittals will be discussed.
b. The contractor shall bring to this conference the
following items in either completed or draft form:
The Contractor's order of work for dredging and
performing other work. Accident Prevention Plan.
H-15
(see H-36) - Quality Control Plan. (see Section E)
Letter appointing Superintendent. - List of
subcontractors.
H-32 THE SEAGOING BARGE ACT (46 USC 395 ET SEQ.)
The Seagoing Barge Act applies to this project. In the event
the low bidder contemplates using plant that requires US
Coast Guard certification to comply with this Act, the low
bidder shall within five (5) calendar days after bid opening
submit a copy of said certificate to the Contracting Officer
and/or his Representative. Failure to produce the
certificate within the required time shall subject the bidder
to a determination of none responsibility.
H-33 QUANTITY ~URVEYS
(a) Quantity surveys shall be conducted, and the data
derived from these surveys shall be used in computing the
quantities of work performed and the actual construction
completed and in place.
(b) The Government shall conduct the original and final
surveys and make the computations based on them. The
Contractor shall conduct the survey for any periods for which
progress payments are requested and shall make the
computations based on these surveys. All surveys conducted
by the Contractor shall be conducted under the direction of a
representative of the Contracting Officer, unless the
Contracting Officer waives this requirement in a specific
instance.
(c) Promptly upon completing a survey, the Contractor
shall furnish the originals of all field notes and all other
records relating to the survey or to the layout of the work
to the Contracting Officer and/or his Representative, who
shall use them as necessary to determine the amount of
progress payments. The Contractor shall retain copies of all
such material furnished to the Contracting Officer and/or his
Representative. (FAR 52.236-16)
In accordance with agency policy guidance, the
preferred methods of performance of all hydrographic quantity
surveys shall be (in descending order):
(1) The Government will perform quantity surveys by
using qualified in-house crews, if available.
(2) The Government will provide quantity surveys by
contracting directly with qualified independent hydrographic
survey contractors.
(3) The Government will permit, only in exceptional
circumstances, the use of dredging contractor's surveys if
the Contracting Officer and/or his Representative determines
H-16
that such surveys are adequate and reasonable for payment
purposes.
(d) If it is determined at a level above that of the
Contracting Officer (e.g. Division Commander) that it is
impractical for Government personnel to perform the original
and final surveys and the government wishes the Contractor's
surveys to be used, the following will be required from the
Contractor:
1. Acceptance of all monumentation and transponder
locations.
2. Witness by Corps representative of all
calibration procedures such as vertical and
horizontal control 3. Corps observation of raw
data collection.
4. Submittal of both unedited as well as edited
versions of survey maps.
5. Subsequent acceptance of edited survey map
after determination by Corps survey personnel that
editing was conducted in accordance with U. S.
Army Corps of Engineers specifications and
guidelines.(FAR 52.236-16-ALTERNATE I, APR 1984)
H-34 SAFETY SIGN: (land-based site permitting)
The Contractor shall construct a safety sign at a location
directed by the Contracting Officer and/or his Representative
The sign shall be 6 feet by 4 feet and shall conform to
the requirements as specified in Attachment H - Project
Identification and Safety Signs. The Corps of Engineers
castle logo (an 8.5" x 11" red decal) to be used on the sign
will be Government furnished. The Contractor will be given
this logo at the time of the pre-construction conference.
The decal shall receive a thin coat of clear spar varnish
after application. The sign shall be erected as soon as
possible and within 15 calendar days after the date of Notice
to Proceed. The data required by the sign shall be corrected
daily. No separate payment will be made for erecting and
maintaining the safety sign and all costs in connection
therewith will be considered the obligation of the
contractor. Upon completion of the project, the Contractor
shall remove the sign from the work site.
H-35 PROJECT SIGN: (land-based site perBitting)
The Contractor shall furnish and erect a project sign at a
location directed by the Contracting Officer or Contracting
Officer Representative. The project sign shall conform with
all requirements as specified in Attachment H Project
Identification and Safety Signs. The Corps of Engineers'
castle logo (8.5" x 11") to be used on the sign will be
Government furnished. The Contractor will be given this logo
H-17
at the time of the pre-construction conference. The decal
shall receive a thin coat of clear spar varnish after
application. The Contractor shall maintain the sign in good
condition throughout the construction period. No separate
payment will be made for erecting and maintaining the project
sign, and all costs in connection therewith will be
considered the obligation of the Contractor. Upon completion
of the project, the Contractor shall remove the sign from the
work site.
H-36 ACCIDENT PREVENTION PLAN
The Contractor is required to submit to the Contracting
Officer or Contracting Officer Representative an accident
prevention plan at the preconsruction conference. The
accident prevention plan must be in accordance with all
federal safety standards as specified in EM 385-1-1, dated
April 81, revised October 87, entitled "Safety & Health
Requirements Manual".
H-37 EQUAL OPPORTUNITY PREAWARD CLEARANCE OF EUBCONTRACTE
Notwithstanding the clause of this contract entitled
"Subcontracts", the Contractor shall not enter into a
first-tier subcontract for an estimated or actual amount of
one million dollar or more without obtaining in writing from
the Contracting Officer and/or his Representative a clearance
that the proposed subcontractor is in compliance with the
equal opportunity requirements and therefore is eligible for
award.
H-38 BID GUARANTEE
(a) Failure to furnish a bid guarantee in the proper
form and amount, buy the time set for opening of bids, may be
cause for rejection of the bid.
(b) The offeror (bidder) shall furnish a bid guarantee
in the form of a firm commitment, such as a bid bound, postal
money order, certified check, cashier's check, irrevocable,
letter of credit, or, under Treasury Department regulations,
certain bonds or notes of the United States. The Contracting
Officer and/or his Representative will return bid guarantees,
other than bid bonds, (1) to unsuccessful bidders as soon as
practicable after the opening of bids, and (2) to the
successful bidder upon execution of contractual documents and
bonds (including any necessary coinsurance or reinsurance
agreements), as required by the bid as accepted.
(c) If the successful bidder, upon acceptance of its bid
by the Government within the period specified for acceptance,
fails to execute all contractual documents or give a bond(s)
as required by the solicitation within the time specified,
H-18
the Contracting Officer and/or his Representative
terminate the contract for default.
may
(d) Unless otherwise specified in the bid, the bidder
will (1) allow the number of days as indicated in paragraph
13D of Standard Form 1442 for acceptance of its bid and (2)
give bond within 10 days after receipt of the forms by the
bidder.
(e) In the event the contract is terminated for default,
the bidder is liable for any cost of acquiring the work that
exceeds the amount of its bid, and the bid guarantee is
available to offset the difference.
H-39 SCHEDULING AI4D DETERMINATION OF PROGRESS
In accordance with the contract provisions, the Contractor
shall, within five (5) days after receipt of Notice to
Proceed by him or as otherwise determined by the Contracting
Officer and/or his Representative, submit for approval a
practicable progress schedule. The progress schedule shall
be in the form of a chart graphically indicating the sequence
proposed to accomplish each work feature or operation. The
chart shall be prepared to show the starting and completion
dates of all work features on a linear horizontal time scale
beginning with date of Notice to Proceed and indicating
calendar days to completion. Each activity in construction
shall be represented by an arrow. The head to tail
arrangement of arrows shall flow from left to right. Each
arrow representing an activity shall be annotated to show the
activity description and duration. Contractor shall indicate
on the chart the important work features or operations that
are critical to the timely overall completion of the project.
Key dates for such important work features and poz~cions of
work features are milestone dates and shall be so indicated
on chart. This schedule will be the medium through which the
timeliness of the Contractor's construction effort is
appraised. When changes are authorized that result in
contra+t time extensions, Contractor shall submit a modified
chart for approval by the Contracting Officer and/or his
Representative The terms of Contract Clauses, SCHEDULES
FOR CONSTRUCTION CONTRACTS, with reference to overtime, extra
shifts, etc., may be invoked when the Contractor fails to
start or complete work features or portions of same by the
time indicated by the milestone dates on the approved
progress chart, or when it is apparent to the Contracting
Officer from the Contractor's actual progress that these
dates will not be met. Neither on the chart nor on the
periodic charts which the Contractor is required to prepare
and submit, as described in paragraph, SCHEDULES FOR
CONSTRUCTION CONTRACTS of the Contract Clauses, shall the
actual progress to be entered include or reflect any
materials which may be on the site, but are not yet installed
or incorporated in the work. For payment purposes only, an
}{-19
allowance will
Representative of up to
materials or equipment
incorporated into the
Clauses, PAYMENT UNDER
The making of such an
determination by the
Representative that the Contractor's compliance
quality control requirements of the contract is
satisfactory.
be made by the Contracting Officer and/or his
100 percent of the invoiced cost of
delivered to the site but not
construction, pursuant to Contract
FIXED-PRICE CONSTRUCTION CONTRACTS.
allowance will be contingent upon a
Contracting Officer and/or his
with the
more than
When the contractor submits his progress schedule, he will
include in the submission a progress curve which reflects the
intended schedule for completing the work. The progress
curve (S-Curve) will be plotted to reflect Cumulative
Progress (Percent) based on placement along the y-axis and
Time along the x-axis. The progress curve will be furnished
at the same time the progress schedule is submitted for
approval and updated monthly by the Contractor.
H-40 SPECIAL PROHIBITION ON EMPLOYMENT
(a) Definitions: "Arising out of a contract with the
Department of Defense", as used in this clause, means any act
in connection with (1) attempting to obtain, (2) obtaining,
or (3) performing a contract or subcontract of any agency,
department or component of the Department of Defense.
"Convictions of fraud or any other felony", as used
in this clause, means any conviction for fraud or a felony,
as used in this clause, means any conviction for fraud or a
felony in violation of state or Federal criminal statutes,
whether entered on a verdict or plea, including a plea of no
contendere, for which sentence has been imposed.
(b) Section 941, Tile IX, Pub. L. 99-500 (10 U.S.C.
2408) prohibits a person who is convicted of fraud or any
other felony arising out of a contract with the Department of
Defense from working in a management or supervisory capacity
on any defense contract, or serving on the board of directors
of any defense contractor, for a period, as determined by the
Secretary of Defense, of not less than one (1) year from the
date of conviction. Defense contractors are subject to a
criminal penalty of not more than $500,000 if they are
convicted of knowingly employing a person under a prohibition
or allowing such person to serve on their board of directors.
(c) The Contractor agrees not to knowingly employ any
person, convicted of fraud or any other felony arising out of
a contract with the Department of Defense contract or
subcontract or allow such person to serve on its board of
directors from the date the Contractor learns of the
conviction until one (1) year has expired from the date of
H-20
2.
3.
4.
5.
t0.
11.
12.
13.
14.
15.
16.
17.
Issued by:
INDEX OF
CONTRACT CLAUSES
CONSTRUCTION-INSIDE T~E U.S
Department of the Army, CorPs of Engineer
Edition of 01 8EP 89
FAR/DFARS
52.202-10001
EF~RS
52.203-1
52.203-3
52.203-5
52.203-6
52.203-7
52.203-10
'52.203-7001
52.203-7002
52.212-8
52.212-11
52.212-12
52.214-26
52.214-27
52.214-28
52.214-29
52.215-1
TITLE
DEFINITIONS
OFFICIALS NOT TO BENEFIT
GRATUITIES
COVENANT AGAINST CONTINGENT FEES
RESTRICTIONS ON SUBCONTRACTOR SALES TO
THE GOVERNMENT
ANTI-KICKBACK PROCEDUP. ES
REMEDIES FOR ILLEGAL OR IMPROPER
ACTIVITY
SPECIAL PROHIBITION ON EMPLOYmeNT
STATUTORY COMPENSATION PROHIBITIONS
AND REPORTING REQUIREMENTS P~ELAT!NG
TO CERTAIN FORMER DEPARlT~--NT OF
DEFENSE (DOD) EMPLOYEES
DEFENSE PRIORITY AND ALLOCATION
REQUIREMENTS
VARIATION IN ESTIMATED QUANTITY
SUSPENSION OF WORK
AUDIT-SEALED BIDDING
PRICE REDUCTION FOR DEFECTI%~ COST OR
PRICING DATA--MODIFICATIONS--SEALED
BIDDING
SUBCONTRACTOR COST OR PRICING DATA--
MODIFICATION--SEALED BIDDING
ORDER OF PRECEDENCE--SEALED BIDDING
EXAMINATION OF RECORDS BY COMPTROLLER
GENERAL
01 SEP 89 1 CONST-INSIDE THE U.S.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
52.219-8
52.219-9
52.219-13
52.219-7000
52.220-3
52.220-4
52.222-1
52.222-3
'52.222-4
52.222-6
52.222-7
52.222-8
52.222-9
52.222-10
52.222-11
52.222-12
52.222-13
52.222-14
52.222-15
52.222-26
52.222-27
UTILIZATION OF SMALL BUSINESS CONCERNS
AND SMALL DISADVANTAGED BUSINESS
CONCERNS
SMALL BUSINESS AND SMALL DISADVA/~TAGED
BUSINESS SUBCONTRACTING PLAN (DOD
CONTRACTS)
UTILIZATION OF WOMEN-OWNED SMALL
BUSINESSES
SMALL BUSINESS AND SMALL DISADVANTAGED
BUSINESS SUBCONTRACTING PLAN (DOD
CONTRACTS)
UTILIZATION OF LABOR SURPLUS ~REA
CONCERNS
LABOR SURPLUS AREA SUBCONTRACTING
PROGRAM
NOTICE TO THE GOVER~q~ENT OF LABOR
DISPUTES
CONVICT LABOR
CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT--OVERTIME COMPENSATION
DAVIS-BACON ACT
WITHHOLDING OF FUNDS
PAYROLLS AND BASIC RECORDS
APPRENTICES AND TRAINEES
COMPLIANCE WITH COPELAND ACT
REQUIREMENTS
SUBCONTRACTS (LABOR STANDARDS)
CONTRACT TERMINATION-DEBARMENT
COMPLIANCE WITH DAVIS-BACON AND
RELATED ACT REGULATIONS
DISPUTES CONCERNING LABOR STANDARDS
CERTIFICATION OF ELIGIBILITY
EQUAL OPPORTUNITY
AFFIRMATIVE ACTION COMPLIANCE
REQUIREMENTS FOR CONSTRUCTION
01 SEP 89 2 CONST-INSIDE THE U.S..
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
52.222-35
52. 222-36
52 . 222-37
52.223-2
52.223-6
52.223-7500
52.225-5
52.225-13
52.227-1
52.227-2
52-227-4
52.227-7033
52.228-2
52.228-5
52.229-3
52.232-5
52.232-17
52.232-23
52.232-27
52.233-1
52.233-3
52.233-7000
AFFIRMATIV]E ACTION FOR SPECIAL
DISABLED AND VIETNAM ERA VETEP. kNS
AFFIRMATIVE ACTION FOR HANDICAPPED
WORKERS
EMPLOYM]ENT REPORTS ON SPECIAL DISABLED
VETERANS AND VETERANS OF THE VIETNAM
ERA
CLEAN AIR AND WATER
DRUG-FREE WORKPLACE
DRUG-FREE WORK FORCE
BUY AMERICAN ACT--CONSTRUCTION
MATERIALS
RESTRICTIONS ON CONTRACTING WITH
SANCTIONED PERSONS
AUTHORIZATION AND CONSENT
NOTICE AND ASSISTANCE REGARDING PATENT
AND COPYRIGHT INFRINGEMENT
PATENT INDEP[N ITY--CONSTRUCT I ON
CONTRACTS
RIGHTS IN SHOP DRAWINGS
ADDITIONAL BOND SECURITY
INSURANCE--WORK ON A GOVEP,/~P~NT
INSTATJ-ATION
FEDERAL, STATE, AND LOCAL TAXES
PAYMENTS UNDER FIXED-PRICE
CONSTRUCTION CONTRACTS
INTEREST
ASSIGNMENT OF CLAIMS
PROMPT PAYMENT FOR CONSTRUCTION
CONTRACTS
DISPUTES
PROTEST AFTER AWARD
CERTIFICATION OF REQUESTS FOR
ADJUSTMENT OR RELIEF EXCEEDING
$100,000
01 SEP 89 3 CONST-INSIDE THE U.S.
61.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
73.
74.
75.
76.
77.
78.
79.
80.
81.1
81.2
82.
83.
52.236-2
52.236-3
52.236-5
52.236-6
52.236-7
52.236-8
52.236-9
52.236-10
52.236-11
52.236-12
52.236-13
'52.236-15
52.236-21
52.236-7000
52.236-7001
52.236-7004
52.237-9
52.243-4
52.243-7001
52.244-1
52.245-2
52.245-4
52.246-12
52.247-64
DIFFERING SITE CONDITIONS
SITE INVESTIGATION AND CONDITIONS
AFFECTING THE WORK
MATERIAL AND WOPd(MANSHIP
SUPERINTENDENCE BY THE CONTRACTOR
PERMITS AND RESPONSIBILITIES
OTHER CONTRACTS
PROTECTION OF EXISTING VEGETATi01;,
STRUCTURES, EQUIPMENT, UTILITIES, ~ND
IMPROVEMENTS
OPERATIONS AND STORAGE AREAS
USE AND POSSESSION PRIOR TO COMPLETICN
CLEANING UP
ACCIDENT PREVENTION--ALTERNATE I
SCHEDULE FOR CONSTRUCTION CONTRACTS
SPECIFICATIONS AND DRAWINGS FOR
CONSTRUCTION
COMPOSITION OF CONTRACTOR
MODIFICATION OF PROPOSALS - PRICE
BREAKDOWN
CONTRACT PRICES - BIDDING SCHEDULES
PROCUREMENT INTEGRITY
CHANGES
PRICING OF ADJIJST~[ENTS
SUBCONTRACTS (FIXED-PRICE CONTRACTS)
GOVERNM]gNT PROPERTY (FIXED-PRICE
CONTRACTS)
GOVERNMeNT-FURNISHED PROPERTY (SHORT
FOPS)
INSPECTION OF CONSTRUCTION
PREFERENCE FOR PRIVATELY OWNED U.S.
-FLAG COMMERCIAL VESSELS--ALTERNATE II
01 SEP 89 4 CONST-INSIDE THE U.S.
84 . 52. 248-3
$5. 1 52. 249-1
85.2 52.249-2
86. 52.249-10
87. 52.252-6
~8. 52.232-8
VALUE ENGINEERING--CONSTRUCTIO~--
ALTERNATE I
TERMINATION FOR CON-VENIENCE OF THE
GOVERNMENT (FIXED-PRICE) (SHORT FORM.)
TERMINATION FOR CO~V~ENIENCE OF THE
GOVERN/lENT (FIXED-PRiCE)--ALTE~ATE I
DEFAULT (FIXED-PRICE CONSTRUCTION)
AUTHORIZED DEVIATIONS IN CLAUSES
DISCOUNTS FOR PROMPT PAYMENT (!989 APR)
90. 52.232-28
EDECTRONIC FUNDS TRANSFER PAYMENT
METHODS ( APR 1989)
93. 52.219-16
LIQUIDATED DAMAGES - S:.ALL BUSINESS SUB-
CONTRACTING PLAN (AUG 1989)
94. FAR 52.236-16
QUANTITY SURVEYS
01 SEP 89 NAN 5 CONST-INSIDE THE U.S.
IssUe~ by:
CONTRACT CLAUSES
CONSTRUCTION-INSIDE TH~ U.S.
Depertment of the Army, corps of Engineer~
Edition of 01 SEP 89
1. EFARS 52.202-10001 DEFINITIONS (JUL 1989) (DEVIATION)
(a) The term "head of the agency" or "Secretary" as used herein
means the Secretary of the Army; and the term "his duly authorized
representative" means the Chief of Engineers, Department of the Army,
or an individual or board designated by him.
(b) The agency board of contract appeals having jurisdiction over
all appeals from final decisions of the Contracting officer under the
Contract Disputes Act of 1978 is the Corps of Engineers Board of
Contract Appeals, office of the chief of Engineers, Pulaski Building,
20 Massachusetts Avenue, N.W., Washington, D.C. 20314-1000.#
2. FAR 52.203-1 OFFICIALS NOT TO BENEFIT (APR 1984)
No member of or delegate to Congress, or resident commissicner,
shall be admitted to any share or part of this contract, or to any
benefit arising from it. However, this clause does not apply to this
contract to the extent that this contract is made with a corporation
for the corporation's general benefit.#
3. FAR 52.203-3 GRATUITIES (APR 1984)
(a) The right of the Contractor to proceed may be terminated by
written hotice if, after notice and hearing, the agency head or a
designee determines that the Contractor, its agent, or another
representative--
(1) Offered or gave a gratuity (e.g., an entertainment or
gift) to an officer, official, or employee of the Government; and
(2) Intended, by the gratuity, to obtain a contract or
favorable treatment under a contract.
(b) The facts supporting this determination may be reviewed by
any court'having lawful jurisdiction.
(c) If this contract is terminated under paragraph (a) above,
the Government is entitled--
(1) To pursue the same remedies as in a breach of the
contract; and
(2) In addition to any other damages provided by law, to
exemplary damages of not less than 3 nor more than 10 times the cost
incurred by the Contractor in giving gratuities to the person
concerned, as determined by the agency head or a designee. (This
subparagraph (c) (2) is applicable only if this contract uses money
appropriated to the Department of Defense.)
(d) The rights and remedies of the Government provided in this
clause shall not be exclusive and are in addition to any other rights
and remedies provided by law or under this contract.#
4. FAR 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)
(a) The Contractor warrants that no person or agency has been
employed or retained to solicit or obtain this contract upon an
agreement or understanding for a contingent fee, except a bona fide
employee or agency. For breach or violation of this warranty, the
Government shall have the right to annul this contract without
liability or, in its discretion, to deduct from the contract price or
consideration, or otherwise recover, the full amount of the contingent
fee.
01 SEP 89 1 CONST-INSIDE THE U.S.
(b) "Bona fide agency," as used in this clause, means an
established commercial or selling agency, maintained by a contractor
for the purpose of securing business, that neither exerts nor proposes
to exert improper influence to solicit or obtain Government contracts
nor holds itself out as being able to obtain any Government contract
or contracts through improper influence.
"Bona fide employee," as used in this clause, means a
person, employed by a contractor and subject to the contractor's
supervision and control as to time, place, and manner of performance,
who neither exerts nor proposes to exert improper influence to solicit
or obtain Government contracts nor holds out as being able to obtain
any Government contract or contracts through improper influence.
"Contingent fee," as used in this clause, means an},
commission, percentage, brokerage, or other fee that is contingent
upon the success that a person or concern has in securing a Government
contract.
"Improper influence," as used in this clause, means any
influence that induces or tends to induce a Government employee or
officer to give consideration or to act regarding a Government
contract on any basis other than the merits of the matter.#
5. RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNM£NT
(JUL 1985) FAR 52.203-6
(a) Except as provided in (b) below, the Contractor shall not
into any agreement with an actual or prospective subcontractor, nor cthe
act in any manner, which has or may have the effect of restricting sale
such subcontractors directly to the Government of any item or pr
(including computer software) made or furnished by the subcontractor
this contract or under any follow-on production contract.
(b) The prohibition in (a) above does not preclude tke
contractor from asserting rights that are otherwise authorized by law
or regulation.
(c) The Contractor agrees to incorporate the substance of this
clause, including this paragraph (c), in all subcontracts under this
contract.#
6. FAR 52.203-7 ANTI-KICKBACK PROCEDURE8 (OCT 1988)
(a) Definitions.
"Kickback," as used in this clause, means any money, fee,
commission, credit, gift, gratuity, thing of value, or compensation of
any kind which is provided, directly or indirectly, to any prime
Contractor, prime Contractor employee, subcontractor, or subcontractor
employee for the purpose of improperly obtaining or rewarding
favorable treatment in connection with a prime contract or in
connection with a subcontract relating to a prime contract.
"Person," as used in this clause, means a corporation,
partnership, business association of any kind, trust, joint-stock
company, or individual.
"Prime contract," as used in this clause, means a contract or
contractual action entered into by the United States for the purpose
of obtaining supplies, materials, equipment, or services of any kind.
"Prime Contractor," as used in this clause, means a person who
has entered into a prime contract with the United States.
"Prime Contractor employee," as used in this clause, means any
officer, partner, employee, or agent of a prime Contractor.
"Subcontract,,, as used in this clause, means a contract or
contractual action entered into by a prime Contractor or subcontractor
for the purpose of obtaining supplies, materials, equipment, or
services of any kind under a prime contract.
01 SEP 89 2 CONST-IN$IDE THE U.S.
"Subcontractor," as used in this clause, (1) means any person,
other than the prime Contractor, who offers to furnish or furnishes
any supplies, materials, equipment, or services of any kind under a
prime contract or a subcontract entered into in connection-with such
prime contract, and (2) includes any person who offers to furnish or
furnishes general supplies to the prime Contractor or a higher tier
subcontractor.
"Subcontractor employee," as used in this clause, means any
officer, partner, employee, or agent of a subcontractor.
(b) The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act),
prohibits any person from --
(1) Providing or attempting to provide or offering to
provide any kickback:
(2) Soliciting, accepting or attempting to accept any
kickback; or
(3) Including, directly or indirectly, the amount of any
kickback in the contract price charged by a prime Contractor to the
United States or in the contract price charged by a subcontractor to a
prime Contractor or higher tier subcontractor.
(c) (1) The Contractor shall have in place and follcw reasonable
procedures designed to prevent and detect possible violations
described in paragraph (b) of this clause in its own operations and
direct business relationships.
(2) When the Contractor has reasonable grounds to believe
that a violation described in paragraph (b) of this clause may have
occurred, the Contractor shall promptly report in writing the possible
violation. Such reports shall be made to the inspector general of the
contracting agency, the head of the contracting agency if the agency
does not have an inspector general, or the Department of Justice.
(3) The Contractor shall cooperate fully with any Federal
Agency investigating a possible violation described in paragraph (b)
of this clause.
(4) The Contracting Officer may (i) offset the amount of the
kickback against any monies owed by the United States under the prime
contract and/or (ii) direct that the prime Contractor withhold from
sums owed a subcontractor under the prime contract, the amount of the
kickback. The Contracting Officer may order that monies withheld
under subdivision (c) (4) (ii) of this clause be paid over to the
Government unless the Government has already offset those monies under
subdivision (c) (4) (i) of this clause. In either case, the prime
Contractor shall notify the Contracting Officer when the monies are
withheld.
(5) The Contractor agrees to incorporate the substance of
this clause, including subparagraph (c) (5) but excepting subparagraph
(c) (1), in all subcontracts under this contract.
7. FAR 52.203-10 REMEDIES FOR ILLEGAL OR IMPROPER ACTIVITY
(MAY 1989)
(a) The Government, at its election, may reduce the price of a
fixed-price-type contract or contract modification and the total cost
and fee under a cost-type contract or contract modification by the
amount of profit or fee determined as set forth in paragraph (c) of
this clause if the head of the agency or his or her designee,
determines that there was a violation of subsection 27(a) of the
Office of Federal Procurement Policy Act {41 U.S.C.423) as implemented
in the FAR. In the case of a contract modification the fee subject to
reduction is the fee associated with the particular contract
mcdification.
(b) Prior to making such a fee or profit reduction, the agency head
01 SEP 89 3 CONST-INSIDE THE U.S.
or his or her designee shall provide to the Contractor a written
notice of the action being considered and the basis therefor. The
Contractor shall have a period determined by the agency head or his or
her designee, but in no event less than 30 calendar days after receipt
of such notice to submit in person, in writing, or through a
representative, information and argument in opposition to the proposed
reduction. The agency head or his or her designee may, upon good
cause shown, determine to reduce the contract or contract modification
price or fee by an amount which is less than the amount determined
under paragraph (c) of this clause.
(c) The price or fee reduction referred to in paragraph (a) of this
clause shall be
(1) For cost-plus-fixed-fee contracts, the amount of the fee
specified in the contract at the time of award;
(2) For cost-plus-incentive-fee contracts, the target fee
specified in the contract at the time of award notwithstanding any
minimum fee or "fee floor" specified in the contract.
(3) For cost-plus-award-fee contracts- (i) The base fee established in the contract at the time of
contract award;
(ii) If no base fee is specified in the contract, 10
percent of the amount of each award fee otherwise payable to
the Contractor for each incentive period or at each award fee
determination point;
(4) For fixed-price-incentive contracts, the Government may-
(i) Reduce the contract target price and contract target
profit both by an amount equal to the initial target profit
specified in the contract at the time of contract award;
(ii) When the contract provides for multiple deliverables,
reduce the amount otherwise payable to the Contractor upon each
delivery and acceptance by an amount determined by the
Contracting Officer to be the profit portion of each payable
amount until the cumulative total of such reductions is equal
to the initial target profit amount specified in the contract
at the time of contract award;
(iii) In addition to any other withholdings, retentions or
reserves, reduce the amount of progress payments otherwise
payable in connection with each invoice or voucher properly
submitted by the Contractor for payments amounts so withheld
equal to the initial target profit established at the time of
contract award; or
(iv) If the Government elects either (c) (4) (ii) or (iii) of
this clause, at the time of total final price establishment,
the price established in accordance with the incentive price
revision provisions of the contract shall be reduced by an
amount equal to the amount of initial target profit specified
in the contract at the time of contract award and such reduced
price shall be the total final contract price. Any progress
payments amounts retained by the Government in (c) (4)(iii) of
this clause shall be returned to the Contractor, if
appropriate.
(5) For firm-fixed-price contract or contract modifications, by
10 percent of the initial contract price; 10 percent of the
contract modification price; or a profit amount determined by the
Contacting Officer from records or documents in existence prior to
the date of the contract award or modification.
01 SEP 89 4 CONST-INSIDE THE U.S.
(d) The Government may, at its election, reduce a prime
Contractors price or fee in accordance with the procedures of
paragraphs (b) and (c) of this clause for violations of the Act by its
subcontractors by an amount not exceed the amount of profit or fee
reflected in the subcontract at the time the subcontract was first
definitively priced.
(e) In addition to the remedy in paragraph (a) of this clause, the
Government may terminate this contract or modification for default.
The rights and remedies of the Government specified herein are not
exclusive, and are in addition to any other rights and remedies
provided by law or under this contract.#
8. DFARS 52.203-7001 SPECIAL PROHIBITION ON EMPLOYMENT (MAR 1989)
(a) Definitions. "Arising out of a contract with the Department
of Defense," as used in this clause, means any act in connection with
(1) attempting to obtain, (2) obtaining, or (3) performing a contract
or subcontract of any agency, department, or component of the
Department of Defense.
"Conviction of fraud or any other felony," as used in this
clause, means any conviction for fraud or a felony in violation of
state or Federal criminal statutes, whether entered on a verdict or
plea, including a plea of nolo contenders, for which sentence has been
imposed.
"Date of convicition", as used in this clause, means the date
judqment was entered against the individual.
(b) 10 U.S.C. 2408 prohibits a person who is convicted of fraud
or any other felony arising out of a contract with the Department of
Defense from working in a management or supervisory capacity on any
defense contract, or serving in various other capacities for a defense
defense contractor, for up to five (5) years from the date of
conviction, as set forth in paragraph (c) below. Defense contractors
are subject to a criminal penalty of not more than $500,000 if they
are convicted of knowingly employing a person under a prohibition or
allowing that person to serve in violation of i0 U.S.C. 2408.
(c) (1) The Contractor agrees not to knowingly employ any person,
convicted after September 29, 1988, of fraud or any other felony
arising out of a contract with the Department of Defense, in a
management or supervisory capacity on any Department of Defense
contract or subcontract or allow that person to serve either on its
board of directors, as a consultant, or as an agent or representative
for a period of five (5) years from the date of conviction or for the
period of any resultant debarment of the convicted person, whichever
is longer, unless waived.
(2) The Contractor agrees not to knowingly employ any person,
convicted on or before September 29, 1988, of fraud or any other
felony arising out of a contract with the Department of Defense, in a
management or supervisory capacity on any Department of Defense
contract or subcontract or allow that person to serve on its board of
directors for a period of one (1) year from the date of conviction or
for the period of any resultant debarment, whichever is longer.
(d) In addition to the criminal penalties contained in 10 U.S.C
2408, the Government may consider other available remedies, such as
suspension or debarment, may direct the cancellation of the contract
at no cost to the Government, or terminate this contract for default.
01 SEP 89 5 CONST-INSIDE THE U.S.
(e) The Contractor may submit written requests for waiver of the
prohibitions in paragraph (c) (1) above to the Contracting Officer who
will process such requests in accordance with DFARS 203.571-4.
Requests shall clearly identify the person involved, the nature of the
conviction and resultant sentence or punishment imposed, the reasons
for the requested waiver, and an explanation of why waiver of the
prohibitions of paragraph (c) (1) above is in the interest of national
security.
(f) The contractor agrees to include the substance of this
clause, including this paragraph (f), appropriately modified to
reflect the identity and relationship of the parties, in all
subcontracts exceeding $25,000.#
9. DFARS 52.203-7002 STATUTORY COMPENSATION PROHIBITIONS AND
REPORTING REQUIREMENTS RELATING TO CERTAIN
FORMER DEPARTMENT OF DEFENSE (DOD) EMPLOYEES
(APR 1988)
(The following clause is applicable if the amount of this
contract is expected to exceed $100,000.)
(a) Definitions. Terms used in this clause are defined at
section 3.170-1 of the Defense Federal Acquisition Regulation
Supplement (48 CFR Chapter 2).
(b) Prohibition on Compensation.
(1) 10 U.S.C. 2397b and 2397c prohibit a major defense
contractor from offering or providing any compensation valued in
excess of two hundred fifty dollars ($250) to a former Department of
Defense (DOD) official who left DoD ser~zice on or after 16 April 1987
and who, while employed by DoD, performed procurement-related
functions in connection with that same defense contractor. This
prohibition runs for the two-year period beginning on the date of such
person's separation from service in DoD.
(2) The Contractor, if a major defense contractor, agrees
not to provide, for such two-year period, any compensation to such a
former DoD official.
(3) DoD employees may request from their Designated Agency
Ethics Official (DAEO) a written opinion on the applicability of 10
U.S.C. 2397b prior to the acceptance of compensation. If the opinion
rendered by the DAEO states that the law is inapplicable, and that the
individual may accept compensation from the Contractor, there shall be
a conclusive presumption that the offering and the acceptance of such
compensation is not a violation of the statute.
(c) Report Concerning Former DoD Employees.
(1) The Contractor shall submit a separate written report,
as described in (c) (2) below, for each calendar year covered by this
contract (commencing with the calendar year of award and extending
through the end of the calendar year in which final payment is made)
if the calendar year commenced after the end of a Government fiscal
year in which the Contractor was awarded one or more DoD contracts
aggregating ten million dollars ($10,000,000) or more. In
multidivisional corporations, in addition to corporate headquarters,
each segment which contracts directly with the Government shall
separately submit such reports. Each report shall be submitted to the
Office of the Assistant General Counsel (Legal Counsel), Standards of
Conduct Office, Attn: OAGC/LC, Pentagon, Washington, DC 20301-1600
listing those persons in its employ or whom it has otherwise
compensated, who are former DoD employees who left service on or after
16 April 1987, if--
01 SEP 89 6 CONST-INSIDE THE U.S.
(i) They served in a civilian position for which
the rate of pay was equal to or greater than
the minimum rate of pay for Grade GS-13 of the
General Schedule or served in the Armed Forces
in a pay grade of 04 or higher;
(ii) They were compensated by the Contractor during
the reporting period; and
(iii) Such compensation was provided within two (2)
years after the former DoD employee left
service in the Department of Defense.
(2) The report shall contain the following elements:
(i) Each individual's name and an identification of
the agency in which each individual was
employed or served on active duty during the
last two (2) years of the individual's service
with DoD;
(ii) Each individual's job title(s) during the
person's last two (2) years of service with DoD
and a list of major defense systems on which
each individual performed any work;
(iii) A complete description (exclusive of
proprietary information) of any work that each
individual is performing, or did perfor]~, on
behalf of the Contractor during the calendar
year covered by the report. (If the
procurement is classified, the Contractor may
use a generalized description which will not
compromise the classified nature of the work.);
(iv) An identification of each major defense system
on which each individual has performed any work
on behalf of the Contractor.
(3) Each report required under (c) (1) above shall be
submitted not later than April 1 of the year following the end of the
calendar year for which the report is being made.
(4) ADD Form 1787 properly certified by the individual to
whom it relates may be submitted to satisfy the reporting requirement
as to any single individual.
(5) The Contractor need not submit duplicate reports to the
Government. Submission of a report meeting the requirements of this
clause, under another, concurrent contract with DoD will satisfy the
reporting requirement of this contract as to any single calendar year.
(d) Penalties for Failure to Comply.
(1) Civil Fines for Failure to Comply with 10 U.S.C. 2397b.
A Contractor who knowingly offers or provides any compensation to a
former DoD official in violation of the statute, and who knew or
should have known that the acceptance of such compensation would be in
violation of such statute, shall be subject to a civil fine, not to
exceed five hundred thousand dollars ($500,000).
(2) Liquidated Dmmages for Failure to Comply with 10 U.S.C.
2397c.
(i) For each knowing violation of the statutor7
prohibition on providing compensation, the
Contractor agrees to pay to the United States
Government as liquidated damages the greater of
either one hundred thousand dollars ($100,000)
01 SEP 89 7 CONST-INSIDE THE U.S.
(ii)
(iii)
or three (3) times the total amount of
compensation paid by the Contractor to the
former DoD official during the period in which
such compensation was in violation of the
statutory prohibition.
Liability for liquidated damages under this
clause survives final payment under this
contract and may be recouped against payments
due under other contracts with the Contractor.
The rights and remedies under this clause are
in addition to and do not limit any rights
afforded to the Government under this contract
or as otherwise provided by law.
Liquidated damages will be computed based upon
the number of actual violations by the
Contractor, and not on the number of contracts
in which this clause appears.
(3) Penalties for Failure to Report. If the Contractor
knowingly fails to file a report in accordance with (c) above, the
Contractor shall be subject to an administrative penalty not to exceed
ten thousand dollars ($10,000). The final determination of the
penalty to be charged to the Contractor shall be made by the Secretary
of Defense or designee after the Contractor is afforded an opportunity
for an agency hearing on the record in accordance with agency hearing
procedures. The Secretary's determination shall form a part of the
record and shall be subject to judicial review under Chapter 7 of
Title 5, United States Code.#
10. FAR 52.212-S DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS
(MAY 1986)
(The following clause is applicable if this is a rated order.)
This is a rated order certified for national defense use and the
Contractor shall follow all the requirements of the Defense and
Allocations System regulation (15 CFR 350).#
11. FAR 52.212-11 VARIATION IN ESTIMATED QU~TrITY (APR 1984)
(The following clause is not applicable to bid items listed in
the ,,Variations in Estimated Quantities--Subdivided Items"
clause and also is not applicable to contracts for dredging work
which contain the ,,variations in Estimated Quantities--Dredging-
clause.)
If the quantity of a unit-priced item in this contract is an
estimated quantity and the actual quantity of the unit-priced item
varies more than 15 percent above or below the estimated quantity, an
equitable adjustment in the contract price shall be made upon demand
of either party. The equitable adjustment shall be based upon any
increase or decrease in costs due solely to the variation above 115
percent or below 85 percent of the estimated quantity. If the
quantity variation is such as to cause an increase in the time
necessary for completion, the Contractor may request, in writing, an
extension of time, to be received by the Contracting Officer within 10
days from the beginning of the delay, or within such further period as
may be granted by the Contracting Officer before the date of final
settlement of the contract. Upon the receipt of a written request for
an extension, the Contracting Officer shall ascertain the facts and
make an adjustment for extending the completion date as, in the
judgement of the Contracting Officer, is justified.#
01 SEP 89 8 CONST-INSIDE THE U.S.
12. FAR 52.212-12 SUSPENSION OF WORK (APR 1984)
(a) The Contracting Officer may order the Contractor, in
writing, to suspend, delay, or interrupt all or any part of the work
of this contract for the period of time that the Contracting Officer
determines appropriate for the convenience of the Government.
(b) If the performance of all or any part of the work is, for an
unreasonable period of time, suspended, delayed, or interr%/pted (1) by
an act of the Contracting Officer in the administration of this
contract, or (2) by the Contracting Officer's failure to act within
the time specified in this contract (or within a reasonable time if
not specified), an adjustment shall be made for any increase in the
cost of performance of this contract (excluding profit) necessarily
caused by the unreasonable suspension, delay, or interruption, and the
contract modified in writing accordingly. However, no adjustment
shall be made under this clause for any suspension, delay, or
interruption to the extent that performance would have been so
suspended, delayed, or interrupted by any other cause including the
fault or negligence of the Contractor, or for which an equitable
adjustment is provided for or excluded under any other term or
condition of this contract.
(c) A claim under this clause shall not be allowed (1) for any
costs incurred more than 20 days before the Contractor shall have
notified the Contracting officer in writing of the act or failure to
act involved (but this requirement shall not apply as to a claim
resulting from a suspension order), and (2) unless the claim, in an
amount stated, is asserted in writing as soon as practicable after the
termination of the suspension, delay, or interruption, but not later
than the date of final payment under the contract.#
13. FAR 52.214-26 AUDIT-SEALED BIDDING (APR 1985)
(The following clause is applicable if this contract is in
excess of $100,000.)
(a) Cost or Pricing Data. If the Contractor has submitted cost
or pricing data in connection with the pricing of any modification to
this contract, unless the pricing was based on adequate price
competition, established catalog or market prices of commercial items
sold in substantial quantities to the general public, or prices set by
law or regulation, the Contracting Officer or a representative who is
an employee of the Government shall have the right to examine and
audit all books, records, documents, and other data of the Contractor
(including computations and projections) related to negotiating,
pricing or performing the modification, in order to evaluate the
accuracy, completeness, and currency of the cost or pricing data. In
the case of pricing any modification, the Comptroller General of the
United States or a representative who is an employee of the Government
shall have the same rights.
(b) Availability. The Contractor shall make available at its
office at all reasonable times the materials described in paragraph
(a) above, for examination, audit, or reproduction, until 3 years
after final payment under this contract, or for any other period
specified in Subpart 4.7 of the Federal Acquisition Regulation (FAR).
FAR Subpart 4.7, Contractor Records Retention, in effect on the date
of this contract, is incorporated by reference in its entirety and
made a part of this contract.
(1) If this contract is completely or partially terminated,
the records relating to the work terminated shall be made available
for 3 years after any resulting final termination settlement.
01 SEP 89 9 CONSTuINSIDE THE U.S.
(2) Records pertaining to appeals under the Disputes clause
or to litigation or the settlement of claims arising under or relating
to the performance of this contract shall be made available until
d/sposition of such appeals, litigation, or claims.
(c) The Contractor shall insert a clause containing all the
provisions of this clause, including this paragraph (c), in all
subcontracts over $10,000 under this contract, altering the clause
only as necessary to identify properly the contracting parties and the
contracting office under the Government prime contract.#
commercial
or
14. FAR 52.214-27 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING
DATA--MODIFICATIONB--BEALED BIDDING (APR 1988)
(a) This clause shall become operative only for any modification
to this contract involving aggregate increases and/or decreases in
costs, plus applicable profits, of more than $100,000 except that this
clause does not apply to any modification for which the price is--
(1) Based on adequate price competition;
(2) Based on established catalog or market prices of
items sold in substantial quantities to the general public;
(3) Set by law or regulation.
(b) If any price, including profit, negotiated in connection
with any modification under this clause, was increased by any
significant amount because (1) the Contractor or a subcontractor
furnished cost or pricing data that were not complete, accurate, and
current as certified in its Certificate of Current Cost or Pricing
Data, (2) a subcontractor or prospective subcontractor furnished the
Contractor cost or pricing data that were not complete, accurate, and
current as certified in the Contractor's Certificate of Current Cost
or Pricing Data, or (3) any of these parties furnished data of any
description that were not accurate, the price shall be reduced
accordingly and the contract shall be modified to reflect the
reduction. This right to a price reduction is limited to that
resulting from defects in data relating to modifications for which
this clause becomes operative under paragraph (a) above.
(c) Any reduction in the contract price under paragraph (b)
above due to defective data from a prospective subcontractor that was
not subsequently awarded the subcontract shall be limited to the
amount, plus applicable overhead and profit markup, by which (1) the
actual subcontract or (2) the actual cost to the Contractor, if there
was no subcontract, was less than the prospective subcontract cost
estimate submitted by the Contractor; provided, that the actual
subcontract price was not itself affected by defective cost or pricing
data.
(d) (1) If the Contracting Officer determines under paragraph
(b) of this clause that a price or cost reduction should be made, the
Contractor agrees not to raise the following matters as a defense:
(i) The Contractor or subcontractor was a sole
source supplier or otherwise was in a superior
bargaining position and thus the price of the
contract would not have been modified even if
accurate, complete, and current cost or pricing
data had been submitted.
(ii) The Contracting Officer should have known that
the cost or pricing data in issue were
defective even though the Contractor or
subcontractor took no affirmative action to
bring the character of the data to the
attention of the Contracting Officer.
01 SEP 89 10 CONST-INSIDE THE U.S.
(iii)
(iv)
(i)
(ii)
The 'contract was based on an agreement about
the total cost of the contract and there was no
agreement about the cost of each item procured
under the contract.
The Contractor or subcontractor did not submit
a Certificate of Current Cost or Pricing Data.
Except as prohibited by subdivision (d) (2) (ii)
of this clause, an offset in an amount
deter~nined appropriate by the Contracting
officer based upon the facts shall be allowed
against the amount of a contract price
reduction if--
(A) The Contractor certifies to the
Contracting Officer that, to the best of
the Contractor's knowledge and belief,
the Contractor is entitled to the offset
in the amount requested; and
(B) The Contractor proves that the cost or
pricing data were available before the
date of agreement on the price of the
contract (or price of the modification)
and that the data were not submitted
before such date.
An offset shall not be allowed if--
(A) The understated data was known by the
Contractor to be understated when the
Certificate of Current Cost or Pricing
Data was signed; or
(B) The Government proves that the facts
demonstrate that the contract price would
not have increased in the amount to be
offset even if the available data had
been submitted before the date of
agreement on price.~
15. FAR 52.214-28 SUBCONTRACTOR COST OR PRICING DATA--MODIFICATION
--SEALED BIDDING (APR 1985)
(a) The requirements of paragraphs (b) and (c) of this clause
shall (1) become operative only for any modification to this contract
involving aggregate increases and/or decreases in costs, plus
applicable profits, expected to exceed $100,000 and (2) be limited to
such modifications.
(b) Before awarding any subcontract expected to exceed $100,000
when entered into, or pricing any subcontract modification involving
aggregate increases and/or decreases in costs, plus applicable
profits, expected to exceed $100,000, the Contractor shall require the
subcontractor to submit cost or pricing data (actually or by specific
identification in writing), unless the price is--
(1) Based on adequate price competition;
(2) Based on established catalog or market prices of
commercial items sold in substantial quantities to the general public:
or
(3) Set by law or regulation.
(c) The Contractor shall require the subcontractor to certify in
substantially the form prescribed in subsection 15.804-4 of the
Federal Acquisition Regulation that, to the best of its knowledge and
belief, the data submitted under paragraph (b) above were accurate,
complete, and current as of the date of agreement on the negotiated
price of the subcontract or subcontract modification.
01 SEP 89 11 CONST-INSIDE THE U.S.
(d) The Contractor shall insert the substance of this
including this paragraph (d), in each subcontract that
$100,000 when entered into.#
clause,
exceeds
16. FAR 52.214-29 ORDER OF PRECEDENCE--SEALED BIDDING (JAN 1986)
Any inconsistency, in this solicitation or contract shall be
resolved by giving precedence in the following order: (a) the
Schedule (excluding the specifications); (b) representations and
other instructions; (c) contract clauses; (d) other documents,
exhibits, and attachments; and (e) the specifications.#
17. FAR 52.215-1 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL
(APR 1984)
(a) This clause applies if this contract exceeds $10,000 and was
entered into by negotiation.
(b) The Comptroller General of the United States or a duly
authorized representative from the General Accounting Office shall,
until 3 years after final payment under this contract or for any
shorter period specified in Federal Acquisition Regulation
Subpart 4.7, Contractor Records Retention, have access to and the
right to examine any of the Contractor's directly pertinent books,
documents, papers, or other records involving transactions related to
this contract.
(c) The Contractor agrees to include in first-tier subcontracts
under this contract a clause to the effect that the Comptroller
General or a duly authorized representative from the General
Accounting Office shall, until 3 years after final payment under the
subcontract or for any shorter period specified in FAR Subpart 4.7,
have access to and the right to examine any of the subcontractor's
directly pertinent books, documents, paners, or other records
involving transactions related to the subcontract. "Subcontract," as
used in this clause, excludes (1) purchase orders not exceeding
$10,000 and (2) subcontracts or purchase orders for public utility
se~¢ices at rates established to apply uniformly to the public, plus
any applicable reasonable connection charge.
(d) The periods of access and examination in paragraphs (b) and
(c) above for records relating to (1) appeals under the Disputes
clause, (2) litigation or settlement of claims arising from the
performance of this contract, or (3) costs and expenses of this
contract to which the Comptroller General or a duly authorized
representative from the General Accounting Office has taken exception
shall continue until such appeals, litigation, claims, or exceptions
are disposed of.#
18. FAR 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL
DISADVANTAGED BUSINESS CONCERNS (JUN 1985)
(a) It is the policy of the United States that small business
concerns and small business concerns owned and controlled by socially
and economically disadvantaged individuals shall have the maximum
practicable opportunity to participate in performing contracts let by
any Federal agency, including contracts and subcontracts for
subsystems, assemblies, components, and related services for major
systems. It is further the policy of the United States that its prime
contractors establish procedures to ensure the timely payment of
amounts due pursuant to the terms of their subcontracts with small
business concerns and small business concerns o~ned and controlled by
socially and economically disadvantaged individuals.
01 SEP 89 12 CONST-INSIDE THE U.S.
(b) The Contractor hereby a~ees To carry out this policy in the
awarding of subcontracts to the fullest extent consistent with
efficient contract performance. The Contractor further _agrees to
cooperate in any studies or surveys as may be conducted by the United
States Small Business Administration or the awarding agency of the
United States as may be necessary to determine the extent of the
Contractor's compliance with this clause.
(c) As used in this contract, the term "small business concern"
shall mean a small business as defined pursuant to section 3 of the
Small Business Act and relevant regulations promulgated pursuant
thereto. The term "small business concern owned and controlled by
socially and economically disadvantaged individuals" shall mean a
small business concern--
(1) Which is at least 51 percent o~ned by one or more
social!y and economically disadvantaged individuals; or, in the case
of any publicly owned business, at least 51 per centum of the stock of
which is owned by one or more socially and economically disadvantaged
individuals; and
(2) Whose management and daily business operations
controlled by one or more of such individuals.
The Contractor shall presume that socially and economically
disadvantaged individuals include Black Americans, Hispanic Americans,
Native Americans, Asian-Pacific Americans, Asian-Indian Americans and
other minorities, or any other individual found to be disadvantaged by
the Administration pursuant to section 8(a) of the Small Business Act.
(d) Contractors acting in good faith may rely on written
representations by their subcontractors regarding their status as
either a. small business concern or a small business concern owned and
controlled by socially and economically disadvantaged individuals.#
19. FAR 52.219-9 SMALL BUSINESS AND 8MALL DISADVANTAGED BUSINESS
SUBCONTRACTING PLAN - ALT I (AUG 1989)
(The following clause is applicable if this contract (1) offers
subcontracting possibilities, (2) is in excess of $500,000 and
(3) includes the clause in FAR 52.219-8, (4) is a sealed bid
contract.)
(a) This clause does not apply to small business concerns.
(b) "Commercial product," as used in this clause, means a
product in regular production that is sold in substantial quantities
to the general public and/or industr7 at established catalog or market
prices. It also means a product which, in the opinion of the
Contracting Officer, differs only insignificantly from the
Contractor's commercial product.
"subcontract," as used in this clause, means any agreement
(other than one involving an employer-employee relationship) entered
into by a Federal Government prime Contractor or subcontractor calling
for supplies or services required for performance of the contract or
subcontract.
(c) The apparent low bidder, upon re~dest by the Contracting
Officer, shall submit a subcontracting plan, where applicable, which
separately addresses subcontracting with small business concerns and
with small disadvantaged business concerns~ If the bidder is
submitting an individual contract plan, the plan must separately
address subcontracting with small business concerns and with small
disadvantaged business concerns with a separate part for the basic
contract and separate parts for each option (if any). The plan shall
be included in and made a part of the resultant contract. The
subcontracting plan shall be negotiated within the time specified by
01 SEP 89 13 CONST-INSIDE THE U.S.
the Contracting Officer. Failure to submit and negotiate the
subcontracting plan shall make the bidder ineligible for award of a
contract.
(d) The offeror's subcontracting plan shall include the
following:
(1) Goals, expressed in terms of percentages of total
planned subcontracting dollars, for the use of small business concerns
and small disadvantaged business concerns as subcontractors. The
offeror shall include all subcontracts that contribute to contract
performance, and may include a proportionate share of products and
se~-~ices that are normally allocated as indirect costs.
(2) A statement
(i) Total dollars planned to be subcontracted;
(ii) Total dollars planned to be subcontracted to
small business concerns; and
(iii) Total dollars planned to be subcontracted to
small disadvantaged business concerns.
(3) A description of the principal types of supplies and
seI-vices to be subcontracted, and an identification of the types
planned for subcontracting to (i) small business concerns and (ii)
small disadvantaged business concerns.
(4) A description of the method used to develop tke
subcontracting goals in (t) above.
(5) A description of the method used to identify potential
sources for solicitation purposes (e.g., existing company source
lists, the Procurement Automated Source System (PASS) of tke Small
Business Administration, the National Minority Purchasing Council
Vendor I~formation Service, the Research and Information Division of
the Minority Business Development Agency in the Department of
Commerce, or small and small disadvantaged business concerns trade
associations).
(6) A statement as to whether or not the offeror included
indirect costs in establishing subcontracting goals, and a description
of the method used to determine the proportionate share of indirect
costs to be incurred with (i) small business concerns and (ii) small
disadvantaged business concerns.
(7) The name of the individual employed by the offeror who
will administer the offeror's subcontracting program, and a
description of the duties of the individual.
(8) A description of the efforts the offeror will make to
assure that small business concerns and small disadvantaged business
concerns have an equitable opportunity to compete for subcontracts.
(9) Assurances that the offeror will include the clause in
this contract entitled "Utilization of Small Business Concerns and
Small Disadvantaged Business Concerns" in all subcontracts that offer
further subcontracting oppo~tunities, and that the offeror will
require all subcontractors (except small business concerns) who
receive subcontracts in excess of $500,000 ($1,000,000 for
construction of any public facility), to adopt a plan similar to the
plan agreed to by the offeror.
(10) Assurances that the offeror will (i) cooperate in any
studies or surweys as may be required, (ii) submit periodic reports in
order to allow the Government to determine the extent of compliance by
the offeror with the subcontracting plan, (iii) submit Standard Form
(SF) 294, Subcontracting Report for Individual Contracts, and/or SF
295, Summary Subcontract Report, in accordance with the instructions
on the forms, and (iv) ensure that its subcontractors agree to submit
Standard Forms 294 and 295.
01 SEP 89 14 CONST-INSIDE THE U.S.
(11) A recitation of the types of records the offeror will
maintain to demonstrate procedures that have been adopted to comply
with the requirements and goals in the plan, including establishing
source lists; and a description of its efforts to locate small and
small disadvantaged business concerns and award subcontracts to them.
The records shall include at least the following (on a plant-wide or
company-wide basis, unless otherwise indicated):
(i) Source lists, guides, and other data that
identify small and small disadvantaged business
concerns.
(ii) Organizations contacted in an attempt to locate
sources that are small or small disadvantaged
business concerns.
(iii) Records on each subcontract solicitation
resulting in an award of more than $100,000,
indicating (A) whether small business concerns
were solicited and if not, why not, (B) whether
small disadvantaged business concerns were
solicited and if not, why not, and (C) if
applicable, the reason award was not made to a
small business concern.
(iv) Records of any outreach efforts to contact (A)
trade associations, (B) business development
organizations, and (C) conferences and trade
fairs to locate small and small disadvantaged
business sources~
(v) Records of internal ~]idance and encouragement
provided to buyers through (A) workshops,
seminars, training, etc., and (B) monitoring
performance to evaluate compliance with the
program's requirements.
(vi) On a contract-by-contract basis, records to
support award data submitted by the offeror to
the Government, including the name, address, and
business size of each subcontractor.
Contractors having company or division-wide
annual plans need not comply with this
requirement.
(e) In order to eff%ctively implement this plan to the extent
consistent with efficient contract performance, the Contractor shall
perform the following functions:
(1) Assist small business and small disadvantaged business
concerns by arranging solicitations, time for the preparation of bids,
quantities, specifications, and delivery schedules so as to facilitate
the participation by such concerns. Where the Contractor's lists of
potential small business and small disadvantaged subcontractors are
excessively long, reasonable effort shall be made to give all such
small business concerns an opportunity to compete over a period of
time.
(2) Provide adequate and timely consideration of the
potentialities of small business and small disadvantaged business
concerns in all "make-or-buy" decisions.
(3) Counsel and discuss subcontracting opportunities with
representatives of small and small disadvantaged business firms.
(f) A master subcontracting plan on a plant or division-wide
basis which contains all the elements regl~ired by (d) above, except
goals, may be incorporated by reference as a part of the
subcontracting plan required of the offeror by this clause; provided,
(1) the master plan has been approved, (2) the offeror provides copies
01 SEP 89 15 CONST-INSIDE THE U.S.
of the approved master plan and evidence of its approval to the
Contracting officer, and (3) goals and any deviations from the master
plan deemed necessary by the Contracting Officer to satisfy the
requirements of this contract are set forth in the ~individual
subcontracting plan.
(g) (1) If a commercial product is offered, the subcontracting
plan required by this clause may relate to the offeror's production
generally, for both commercial and noncommercial products, rather than
solely to the Government contract. In these cases, the offeror shall,
with the concurrence of the Contracting Officer, submit one
company-wide or division-wide annual plan.
(2) The annual plan shall be reviewed for approval by the
agency awarding the offeror its first prime contract reTuiring a
subcontracting plan during the fiscal year, or by an agency
satisfactory to the Contracting Officer.
(3) The approved plan shall remain in effect during the
offeror's fiscal year for all of the offeror's commercial products.
(h) Prior compliance of the offeror with other such
subcontracting plans under previous contracts will be considered by
the Contracting officer in determining the responsibility of the
offeror for award of the contract.
(i) The failure of the Contractor or subcontractor to comply in
good faith with (1) the clause of this contract entitled "Utilization
of Small Business Concerns and Small Disadvantaged Business Concerns,"
or (2) an approved plan required by this clause, shall be a material
breach of the contract.#
20. FAR 52.219-13 UTILIZATION OF WOMEN-OWNED SMALL BUSINESSES
(AUG 1986)
(a) "Women-owned small businesses," as used in this clause,
means small business concerns that are at least 51 percent owned by
women who are United States citizens and who also control and operate
the business.
"Control," as used in this clause, means exercising the
power to make policy decisions.
"Operate," as used in this clause, means being actively
involved in the day-to-day management of the business.
"Small business concern," as used in this clause, means a
concern including its affiliates, that is independently owned and
operated, not dominate in the field of operation in which it is
bidding on Government contracts, and qualified as a small business
under the criteria and size standards in 13 CFR 121.
(b) It is the policy of the United States that women-owned small
businesses shall have the maximum practicable opportunity to
participate in performing contracts awarded by any Federal agency.
(c) The Contractor agrees to use its best efforts to give
women-owned small businesses the maximum practicable opportunity to
participate in the subcontracts it awards to the fullest extent
consistent with the efficient performance of its contract.
(d) The Contractor may rely on written representations by its
subcontractors regarding their status as woman-owned small
businesses.#
01 SEP 89 16 CONST-INSIDE THE U.S.
21. DFAR~ 52.219-7000 ~LL ~SI~ ~D S~t~LL DISADVANTAGED
BUSiNeSS SUSCONTRACTIN~ PLAN (DoD CONTRACTS)
(JUN 19~)
(a) Except for plans submitted under paragraph (g) of the clause
of this contract entitled "Small Business and Small Disadvantaged
Business Subcontracting Plan," FAR 52.219-9, whenever the term "small
disadvantaged business" is used in that FAR clause, such term shall be
deemed to include (in addition to small disadvantaged business
concerns), Historically Black Colleges and Universities (HBCUs) and
Minority Institutions (Mis) as those tez~s are defined at DoD FAR
Supplement 26.7002. A list of qualifying HBCUs is published
periodically by the U.S. Department of Education, and is available
from the Contracting officer.
(b) In addition, master plans referred to in FAR 52.219-9 must be
approved by the Government's cognizant Contract Administration Office.
22. UTILIZATION OF LABOR SURPLUS AREA CONCERNS (APR 1984)
FAR 52.220-3
(a) Applicability. This clause is applicable if this contract
exceeds the appropriate small purchase limitation in Part 13 of the
Federal Acquisition Regulation.
(b) Policy. It is the policy of the Government to award
contracts to concerns that agree to perform substantially in labor
surplus areas (LSA's) when this can be done consistent with the
efficient performance of the contract and at prices no higher than are
obtainable elsewhere. The Contractor agrees to use its best efforts
to place subcontracts in accordance with this policy.
(c) · Order of preference. In complying with paragraph (b) above
and with paragraph (c) of the clause of this contract entitled
Utilization of Small Business Concerns and Small Disadvantaged
Business Concerns, the Contractor shall observe the following order of
preference in awarding subcontracts: (1) small business concerns that
are LSA concerns, (2) other small business concerns, and (3) other LSA
concerns.
(d) Definitions. "i~bor surplus area," as used in this clause,
means a geographical area identified by the Department of Labor in
accordance with 20 CFR 654, Subpart A, as an area of concentrated
unemployment or underemployment or an area of labor surplus.
"Labor surplus area concern," as used in this clause, means
a concern that together with its first-tier subcontractors will
perform substantially in labor surplus areas. Performance is
substantially in labor surplus areas if the costs incurred under the
contract on account of manufacturing, production, or performance of
appropriate services in labor surplus areas exceed 50 percent of the
contract price.#
23. FAR 52.220-4 LABOR SURPLUS AR~A SUBCONTRACTING PROGRAM (APR
1984)
(The following clause is applicable if this contract is in
excess of $500,000.)
(a) See the Utilization of Labor Surplus Area Concerns clause of
this contract for applicable definitions.
(b) The Contractor agrees to establish and conduct a program to
encourage labor surplus area (LSA) concerns to compete for
subcontracts within their capabilities when the subcontracts are
consistent with the efficient performance of the contract at prices no
higher than obtainable elsewhere~ The Contractor shall--
01 SEP 89 17 CONST-INSIDE THE U.S.
(1) Designate a liaison officer who will (i) maintain
iiaison with authorized representatives of the Government on LSA
matters, (ii) supervise compliance with the Utilization of Labor
Surplus Area Concerns clause, and (iii) administer the contractor's
labor surplus area subcontracting program;
(2) Provide adequate and timely consideration of the
potentialities of LSA concerns in all make-or-buy decisions;
(3) Ensure that LSA concerns have an equitable opportunity
to compete for subcontracts, particularly by arranging solicitations,
time for the preparation of offers, quantities, specifications, and
delivery schedules so as to facilitate the participation of LSA
concerns;
(4) Include the Utilization of Labor Surplus Area Concerns
clause in subcontracts that offer substantial LSA subcontracting
opportunities; and
(5) Maintain records showing (i) the procedures adopted and
(ii) the Contractor's performance, to comply with this clause. The
records will be kept available for review by the Government until the
expiration of 1 year after the award of this contract, or for such
longer period as may be required by any other clause of this contract
or by applicable law or regulations.
(c) The Contractor further agrees to insert in any related
subcontract that may exceed $500,000 and that contains the Utilization
of Labor Surplus Area Concerns clause, terms that confo~
substantially to the language of this clause, including this paragraph
(c), and to notify the Contracting officer of the names of
subcontractors.#
24. FAR 52.222-1 NOTICE TO ThE GO~-EP~M~NT OF L;~BOR DISPUTES (APR
1984)
(a) If the Contractor has knowledge that any actual or potential
labor dispute is delaying or threatens to delay the timely performance
of this contract, the Contractor shall immediately give notice,
including all relevant information, to the Contracting Officer.
(b) The Contractor agrees to insert the substance of this
clause, including this paragraph (b), in any subcontract to which a
labor dispute may delay the timely performance of this contract;
except that each subcontract shall provide that in the event its
timely performance is delayed or threatened by delay by any actual or
potential labor dispute, the subcontractor shall immediately notify
the next higher tier subcontractor or the prime Contractor, as the
case may be, of all relevant information concerning the dispute.#
25. FAR 52.222-3 CONVICT LABOR (APR 1984)
The Contractor agrees not to employ any person undergoing
sentence of imprisonment in performing this contract except as
provided by 18 U.S.C. 4082(c) (2) and Executive Order 11755, December
29, 1973.#
26. F]tR 52.222-4 CONTRACT WORK HOURS ;%ND SAFETY STANDARDS ACT--
OVERTIME COMPENSATION (F~tR 1986)
(a) overtime requirements. Any Contractor or subcontractor
contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics (see Federal
Acquisition Regulation (FAR) 22.300) shall require or permit any such
laborers or mechanics in any workweek in which the individual is
01 SEP 89 18 CONST-IN$IDE THE U.S.
employed on such work to work in excess of 40 hours in such workweek
unless such laborer or mechanic receives compensation at a rate not
less than 1-1/2 times the basic rate of pay for all hours worked in
excess of 40 hours in such workweek.
(b) Violation; liability for unp&td wsgos; liq~aid&tsd damages.
In the event of any violation of the provisions set forth in paragraph
(a) of this clause, the Contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such
Contractor and subcontractor shall be liable to the United States (in
the case of work done under contract for the District of Columbia or a
territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to
each individual laborer or mechanic employed in violation of the
provisions set forth in paragraph (a) of this clause in the sum of $10
for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of 40 hours
without payment of the overtime wages required by the provisions set
forth in paragraph (a) of this clause.
(c) Withholding for unpai~ wages and liquidated damages. The
Contracting Officer shall, upon his or her own action or upon written
request of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any moneys payable on account
of work performed by the Contractor or subcontractor under any such
contract or any other Federal contract with the same Prime Contractor,
or any other Federally-assisted contract subject to the Contract Work
Hours and Safety Standards Act which is held by the same Prime
Contractor, such sums as may be determined to be necessary to satisfy
any liabilities of such Contractor or subcontractor for unpaid wages
and liquidated damages as provided in the provisions set forth in
paragraph (b) of this clause.
(d) Payrolls and basic records. (1) The Contractor or
subcontractor shall maintain payrolls and basic payroll records during
the course of contract work and shall preserve them for a period of 3
years from the completion of the contract for all laborers and
mechanics working on the contract. Such records shall contain the
name and address of each such employee, social security number,correct
classifications, hourly rates of wages paid, daily and weekly number
of hours worked, deductions made, and actual wages paid. Nothing in
this paragraph shall require the duplication of records required to be
maintained for construction work by Department of Labor regulations at
29 CFR 5.5 (a)(3) implementing the Davis-Bacon Act.
(2) The records to be maintained under paragraph (d) (q) of
this clause shall be made available by the Contractor or subcontractor
for inspection, copying, or transcription by authorized
representatives of the Contracting Officer or the Department of Labor.
The Contractor or subcontractor shall permit such representatives to
interview employees during working hours on the job.
(e) Subcontracts. The Contractor or subcontractor shall insert
in any subcontracts the provisions set forth in paragraphs (a) through
(e) of this clause and also a clause requiring the subcontractors to
include these provisions in any lower tier subcontracts. The prime
Contractor shall be responsible for compliance by any subcontractor or
lower tier subcontractor with the provisions set forth in paragraphs
(a) through (e) of this clause.#
01 SEP 89 19 CONST-INSIDE THE U.S.
27. F;tR 52.222-6 DAVIB-BACON ACT (FEB 1988)
(a) All laborers and mechanics employed or working upon the site
of the work will be paid unconditionally and not less often than once
a week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by regulations issued
by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the
full amount of wages and bona fide fringe benefits (or cash
equivalents thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the Secretary of
Labor which is attached hereto and made a part hereof, regardless of
any contractual relationship which may be alleged to exist between the
Contractor and such laborers and mechanics. Contributions made cr
costs reasonably anticipated for bona fide fringe benefits under
section l(b) (2) of the Davis-Bacon Act on behalf of laborers er
mechanics are considered wages paid to such laborers or mechanics,
subject to the provisions of paragraph (d) of this clause; also,
regular contributions made or costs incurred for more than a weekly
period (but not less often than quarterly) under plans, funds, or
programs which cover the particular weekly period, are deemed to be
constructively made or incurred during such period. Such laborers and
mechanics shall be paid not less than the appropriate wage rate and
fringe benefits in the wage determination for the classification of
work actually performed, without regard to skill, except as provided
in the clause entitled Apprentices and Trainees. Laborers or
mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the time
actually worked therein; provided, that the employer's payroll
records ~ccurately set forth the time spent in each classification in
which work is performed. The wage determination (including any
additional classification and wage rates conformed under paragraph (b)
of this clause) and the Davis-Bacon poster (WH-1321) shall be posted
at all times by the Contractor and its subcontractors at the site of
the work in a prominent and accessible place where it can be easily
seen by the workers.
(b) (1) The Contracting Officer shall require that any class of
laborers or mechanics which is not listed in the wage determination
and which is to be employed under the contract shall be classified in
conformance with the wage determination. The Contracting Officer
shall approve an additional classification and wage rate and fringe
benefits therefor only when all the following criteria have been met:
(i) The work to be performed by the
classification requested is not
performed by a classification in the
wage determination.
(ii) The classification is utilized in the
area by the construction industry.
(iii) The proposed wage rate, including any
bona fide fringe benefits, bears a
reasonable relationship to the wage
rates contained in the wage
determination.
(2) If the Contractor and the laborers and mechanics to be
employed in the classification (if known), or their representatives,
and the Contracting Officer agree on the classification and wage rate
(including the amount designated for fringe benefits, where
appropriate), a report of the action taken shall be sent by the
Contracting Officer to the Administrator of the Wage and Hour
Division, Employment Standards Administration, U.S. Department of
Labor, Washington, D.C. 20210. The Administrator or an authorized
01 SEP 89 20 CONST-INSIDE THE U.S.
representative v.~;[ll ap%r~o,..~ >~*,dJ i% . o~¢ ~l~app~oYe every additional
classification a~ctior: wi~hjn ~0 da~ of receipt and so advise the
Contracting Officer o~' will motifZ the Contracting Officer within the
30-day period that additional t~me is necessa~]~.
(3) In the event the 'Ccu~trg~cl:or~ the laborers or mechanics
to be employed in tk~e classification, or their representatives, and
the Contracting Officer do not agree on the proposed classification
and wage rate (including the a~]ount designated for fringe benefits,
where appropriate), the Contrac~ lng Officer shall refer the questions,
including the views of all interested parties and the recommendation
of the Contracting Officer, to the Administr~tol. of the Wage and Hour
Division for determination. The Administratlor, or an authorized
representative, will issue a detezq?~ination within 30 days of receipt
and so advise the Contracting Officer or will notify the Contracting
Officer within the 30-~day period that additional time is necessary.
(4) The wage rate (including fringe benefits, where
appropriate) deterlni:~ed pursuant to subparagraphs (b) (2) and (b) (3) of
this clause shall be paid to all workers performing work in the
classification under this con~;ract Irom the first day on which work is
performed in the classification.
(c) Whenever the minimum wa¢~e rate prescribed in the contract
for a class of laborers or mechani~.s includes a fringe benefit which
is not expressed as an hcur!y rate, ~;he Contractor shall either Day
the benefit as stated in the wage detel~uination or shall pay another
bona fide fringe benefit or an hourly cash equivalent thereof.
(d) If the Contractor does not make payments to a trustee cr
other third person, the Contractor may consider as part of the wages
of any laborer or mechanio the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan or
program; provided, that the Secretary of Labor has found, upon the
written request of the Contractor, that the applicable standards of
the Davis-Bacon Act have been met. The Secretary of Labor may require
the Contractor to set aside in a separate account assets for the
meeting of obligations under the plan or program.#
28. FAR 52.222-7 WITHhOLDiNG OF F¥3}~TOS (FZB 1988)
The Contracting Officer' shall~ upon his or her own action or
upon written request of an autholized repl?esentative of the Department
of Labor, withhold ~r cause to be withheld from the Contractor under
this contract or any other; Federal contract with the same Prime
Contractor, or any other Fedel al ly..~assisted contract subject to
Davis-Bacon prevailing wa~e reql'~irements~ which is held by the sane
Prime Contractor, so m%~ch cf the accrued payments or advances as may
be considered necessary to pay labolers and mechanics, including
apprentices, trainees, and helpe~s~ employed by the Contractor. cr any
subcontractor the full amo~nt of wages required by the contract. In
the event of failure to pay any laDorer o~~ mechanic, including any
apprentice, trainee, or helpel', employed or working on the site of
work, all or part of the wages req::ired by the contract, the
Contracting Officer may, after written notice to the Contractor, take
such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of f'~nds until such violations have
ceased. #
01 SEP 89 21 CONST-INSIDE THE U.S.
29. FAR 52.222-8 PAYROLLS AND BASIC RECORDB (FEB 1988)
(a) Payrolls and basic records relating thereto shall be
maintained by the Contractor during the course of the work and
preserved for a period of 3 years thereafter for all laborers and
mechanics working at the site of the work. Such records shall contain
the name, address, and social security number of each such worker, his
or her correct classification, hourly rates of wages paid (including
rates of contributions or costs anticipated for bona fide fringe
benefits or cash equivalents thereof of the types described in section
l(b) (2) (B) of the Davis-Bacon Act), daily and weekly number of hours
worked, deductions made, and actual wages paid. Whenever the
Secretary of Labor has found, under paragraph (d) of the clause
entitled Davis-Bacon Act, that the wages of any laborer or mechanic
include the amount of any costs reasonably anticipated in providing
benefits under a plan or program described in section l(b) (2) (B) of
the Davis-Bacon Act, the Contractor shall maintain records which show
that the commitment to provide such benefits is enforceable, that the
plan or program is financially responsible, and that the plan or
program has been cormmunicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or the actual
cost incurred in providing such benefits. Contractors employing
apprentices or trainees under approved programs shall maintain written
evidence of the registration of apprenticeship programs and
certification of trainee programs, the registration of the apprentices
and trainees, and the ratios and wage rates prescribed in the
applicable programs.
(b) (1) The Contractor shall submit weekly for each week in
which any' contract work is performed a copy of all payrolls to the
Contracting Officer. The payrolls submitted shall set out accurately
and completely all of the information required to be maintained under
paragraph (a) of this clause. This information may be submitted in
any form desired. Optional Form ~{-347 (Federal Stock Number
029-005-00014-1) is available for this purpose and may be purchased
from the Superintendent of Documents, U.S. Government Printing
Office, Washington, D.C. 20402. The Prime Contractor is responsible
for the submission of copies of payrolls by all subcontractors.
(2) Each payroll submitted shall be accompanied by a
"Statement of Compliance," signed by the Contractor or subcontractor
or his or her agent who pays or supervises the payment of the persons
employed under the contract and shall certify--
(i) That the payroll for the payroll period contains
the information required to be maintained under
paragraph (a) of this clause and that such
information is correct and complete;
(ii) That each laborer or mechanic (including each
helper, apprentice, and trainee) employed on the
contract during the payroll period has been paid
the full weekly wages earned, without rebate,
either directly or indirectly, and that no
deductions have been made either directly or
indirectly from the full wages earned, other
than permissible deductions as set forth in
Regulations, 29 CFR Part 3; and
(iii) That each laborer or mechanic has been paid not
less than the applicable wage rates and fringe
benefits or cash equivalents for the
classification of work performed, as specified
in the applicable wage determination
incorporated into the contract.
01 SEP 89 22 CONST-INSIDE THE U.S.
{ 3) 'l~he ~,~e~ l' ~..~ .~. c~ ~.~? a p~operly executed
certification a~, set forth o~ t~e ~.e'~e~s~ sJd~ ~ Optional Fo~ ~-347
shall satisfy the re~r~a/~t ;~o~ subm~ssio~~ o~ the "Stat~ent of
Compliance" required by subpa~a.:~aph (b> ~2) of this clause.
(4) The f~ls~ficatJ.~n of any of the certifications in this
clause may s~j eot the C(~nt~ acto~ or subcontractor to civil or
criminal prosecution un,er Section !001 of Title 18 and Section 3729
of Title 31 of the United Stat~s Code~
(c) The Contractor" o~ ~,~b{:on~ ~act(~ shall make the records
re~ired under paragraph {a) of this clause available for inspection,
copying, or transcription by ~lne Con~racting Officer or authorized
representatives of the Contracting Officer or the Department of Labor.
The Contractor or subcontractor' snail pe~it the Contracting Officer
or representatives of the Contlactin%] Officer or the Department of
Labor to inter%,ie%~ e~ployees du~ing %;o~king hours on the job. If the
Contractor or subcontracto~ fails tc submit re~ired records cr
make them available, the Cont~acuin{3 Officer ~:ay, after written notice
to the Contractor~ take such action as may be necessa~ to cause the
suspension of any further payment~ Furthermore, failure to submit the
re~ired records upon request or to make such records available may be
grounds for deDarment action pursua~t to 29 CFR 5.12.~
30. FAR 52.222-9 APPRENT2. CEB A~D 'h-~<AIN£ES (FEB 1988)
(a) Apprentices. Appren%ices will be permitted to work at less
than the predetermined rate for the work they performed when they are
employed pursuant to and individua].ly registered in a bona fide
apprenticeship progra~ registered with the U.S. Department of Labor,
Employment and Training Administration, Bureau of Apprenticeship and
Training, or with a State Apprenticeship Agency recognized by the
Bureau, or if a person is employed in his or her first 90 days of
probationary employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but who
has been certified by the Bureau of Apprenticeship and Training or a
State Apprenticeship Agency {where appropriate) to be eligible for
probationary employment as an apprentice. The allowable ratio of
apprentices to journeyme~ on th~. job site Jn any craft classification
shall not be greatei" than the ratio per~itted to the Contractor as to
the entire work force '~nde~ th~ ~:'egist~r~.~d program. Any worker listed
on a payroll at an appre~"~tice wage rate~ who is not registered or
otherwise employed as stated ir. this paragraph, shall be paid not less
than the applicable %'age detel-mination for the classification of work
actually performed, tn addition, any apprentice performing work on
the job site in excess of the ratio permitted under the registered
program shall be paid not !e'$s than the applicable wage rate on the
wage dete~minat ion fo~ the ~.~ ~!~ actually performed. Where a
contractor is performing~ c~3~lGtJ;ic~2'~(~f~ on a project in a locality other
than that in which its pl-ogl~am is registered, the ratios and wage
rates (expressed in percentages of the journe~man's hourly rate)
specified in the Contractor's o~ s~bcontractor's registered program
shall be observed. Every app~e~tice m~lst be paid at not less than the
rate specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeymen hourly rate
specified in the applicable wage determination. Apprentices shall be
paid fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not
specify fringe benefits, apprentices m~st be paid the full amount of
fringe benefits listed on ~he wage determination for the applicable
classification, if the Administrator determines that a different
practice prevai!a for l:~e ~ppiicabie apprentice classification,
01 SEP 89 23 CONST-INSIDE THE U.S.
fringes shall be paid in accordance with that determination. In the
event the Bureau of Apprenticeship and Training, or a State
Apprenticeship Agency recognized by the Bureau, withdraws approval of
an apprenticeship program, the Contractor will no longer be permitted
to utilize apprentices at less than the applicable predetez-mined rate
for the work performed until an acceptable program is approved.
(b) Trainees. Except as provided in 29 CFR 5.16, trainees will
not be per/nitted to work at less than the predetermined rate for the
work performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced
by formal certification by the U.S. Department of Labor, Employment
and Training Administration. The ratio of trainees to journeymen on
the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee
must be paid at not less than the rate specified in the approved
program for the trainee's level of progress~ expressed as a percentage
of the journeyman hourly rate specified in the applicable wage
determination. Trainees shall be paid fringe benefits in accordance
with the provisions of the trainee program. If the trainee program
does not mention fringe benefits, trainees shall be paid the full
amount of fringe benefits listed in the wage determination unless the
Administrator of the Wage and Hour Division determines that there is
an apprenticeship program associated with the corresponding journeyman
wage rate in the wage determination which provides for less than full
fringe benefits for apprentices. Any employee listed on the payroll
at a trainee rate who is not registered and participating in a
training plan approved by the Employment and Training Administration
shall be 'paid not less than the applicable wage rate in the wage
determination for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not less
than the applicable wage rate in the wage determination for the work
actually performed. In the event the Employment and Training
Administration withdraws approval of a training program, the
Contractor will no longer be permitted to utilize trainees at less
than the applicable predetermined rate for the work performed until an
acceptable program is approved.
(c) Equal employmsnt opportunity. The utilization of
apprentices, trainees and journeymen under this clause shall be in
conformity with the equal employment opportunity requirements of
Executive Order 11246, as amended, and 29 CFR Par~c 30.#
31. FAR 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENT8 (FEB
1988)
The Contractor shall comply with the requirements of 29 CFR Part
3, which are hereby incorporated by reference in this contract.#
32. FA~ 52.222-11 SUBCONTRACTS (LABOR ST]tNDARDS) (FEB 1988)
(a) The Contractor or subcontractor shall insert in any
subcontracts the clauses entitled Davis-Bacon Act, Contract Work Hours
and Safety Standards Act--Overtime Compensation, Apprentices and
Trainees, Payrolls and Basic Records, Compliance with Copeland Act
Requirements, Withholding of Funds, subcontracts (Labor Standards),
Contract Termination-Debarment, Disputes Concerning Labor Standards,
Compliance with Davis-Bacon and Related Act Regulations, and
Certification of Eligibility, and such other clauses as the
Contracting Officer may, by appropriate instructions, require, and
also a clause requiring subcontractors to include these clauses in any
01 SEP 89 24 CONST-INSIDE THE U.S.
lower tier subcontracts~ 'ik~ t ~-~ ~.]~%~?..actor shall be responsible
for compliance by any subcontractor" c~'~ lower tier subcontractor with
all the contract clauses cited in t~i~ paragraph.
(b) (1) Within 14 days afte£ award of the contract, the
Contractor shall deliver to t?~e Contracting Officer a completed
Statement and Acknowledgl~ent Form {SF 1413) for each subcontract,
including the subcontracto~~s ~9~e(~ and dated acknowledgqnent that the
clauses set forth in par~ph ~a) <~ this clause have been included
in the subcontract.
(2} Within I.~ ,J=ys ~-%e~ t~e ~ard of any subseq~aently
a'warded subcontiact the Contlk~ctor shall deliver to the Contracting
officer an updated completed S? I~13 f{~r such additio]'%al subcontract.#
33. FAR 52.2zz~12 CO}~'.~.AC~.~, zrz~{.~.~,A~I~N -DEBARMENT (FEB 1988)
A_ breach o~ %/.~ ~e_lo_t~.g__~l'- f~.~A%~ ~entit!ed Davis-Bacon Act,
nontract Work Hour~ and Safety 8~andards Act--Overtime Compensation,
Apprentices and Trainees, Payrolls and Basic Records, Compliance with
Copeland Act Requirements, SubcoDtr&ct~ (Labor Standards), Compliance
with Davis-Bacon and Related Ac6 Regulations, or Certification of
Eligibility may be grounds for te'~ination of the contract, and for
debarment as a Contractor and subcontractor as provided in 29 CFR
5.12.#
34. FAR 52.222-13 COHPLIANCE WITH DAVIS-BACON AArD REL~kTED ACT
· REGULATIONS (FEB 1988)
All rulings and interpretations of the Davis-Bacon and Related
Acts contained in 29 CFR Parts 1, 3~ a~%d 5 are hereby incorporated by
reference in this contract.#
35. FAR 52.222-14 DISPUTES CONCEI~/qIN~ I~BOR ST;tNDAP~D8 (FEB 1988)
The United States Department of Labor has set forth in 29 CFR
Parts 5, 6, and 7 procedures for resolving disputes concerning labor
standards requirements. Such disputes shall be resolved in accordance
with those procedures and not the Disputes clause of this contract.
Disputes within the meaning of this clause include disputes between
the Contractor (or any of its subcontractors) and the contracting
agency, the U.S. Department of I~bor, or the employees or their
representatives.#
36. FAR 52.222-15 CEk~IMiCAT~ON OF ~LIGIBILITY (FEB 1988)
(a) By entering into this contract~ the Contractor certifies
that neither it (nor he or she) nor' any person or fir~m who has an
interest in the Contractor's firm is a person or firth ineligible to be
awarded Government contracts by virt~le of section 3(a) of the
Davis-Bacon Act or 29
(b) No part of this c~3nt~act shall be $~mbcontracted to any
person or firm ineligible ~or award of a Government contract by virtue
of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a) (1).
(c) The penalty for making false statements is prescribed in the
U.S. Criminal Code, 18 U~S~C. i00~..#
37. FAR 52.222-26 EQUAL OPPQ~YUR~TY (A~R 1984)
(a) If, during any 12~-month period (including the 12 months
preceding the award of this contract), the Contractor has been or is
awarded nonexempt Federal contracts and/or subcontracts that have an
aggregate value in excess of $10,000, the Contractor shall comply with
subparagraphs (b) (1) through (il) below~ Upon request, the Contractor
shall provide infcr~aticr~ n~ces~ary to determine the applicability of
this clause.
01 SEP 89 ~b CONST-INSIDE THE U.S.
(b) During performing this contract, the Contractor agrees as
follows:
(1) The Contractor shall not discriminate against any
employee or applicant for employment because of race, color, religion,
sex, or national origin.
(2) The Contractor shall take affirmative action to ensure
that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, or
national origin. This shall include, but not be limited to, (i)
employment, (ii) upgrading, (iii) demotion, (iv) transfer, (v)
recruitment or recruitment advertising, (vi) layoff or termination,
(vii) rates of pay or other fo~ms of compensation, and (viii)
selection for training, including apprenticeship.
(3) The Contractor shall post in conspicuous places
available to employees and applicants for emplo}~ent the notices to be
provided by the Contracting Officer that explain this clause.
(4) The Contractor shall, in all solicitations or
advertisements for employees placed by or on behalf of the Contractor,
state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or national
origin.
(5) The Contractor shall send, to each labor union or
representative of workers with which it has a collective bargaining
agreement or other contract or understanding, the notice to be
provided by the Contracting Officer advising the labor union or
workers' representative of the Contractor's commitments under this
clause, and post copies of the notice in conspicuous places available
to employees and applicants for employment.
(6) The Contractor shall comply with Executive Order 11246,
as amended, and the rules, regulations, and orders of the Secretar%' of
Labor.
(7) The Contractor shall furnish to the contracting agency
all information required by Executive Order 11246, as amended, and by
the rules, regulations, and orders of the Secretary of Labor, Standard
Forum 100 (EEO-l), or any successor form, is the prescribed form to be
filed within 30 days following the award, unless filed within 12
months preceding the date of award.
(8) The Contractor shall permit access to its books,
records, and accounts by the contracting agency or the Office of
Federal Contract Compliance Programs (OFCCP) for the purposes of
investigation to ascertain the Contractor's compliance with the
applicable rules, regulations, and orders.
(9) If the OFCCP determines that the Contractor is not in
compliance with this clause or any rule, regulation, or order of the
Secretary of Labor, this contract may be canceled, terminated, or
suspended in whole or in part and the Contractor may be declared
ineligible for further Government contracts, under the procedures
authorized in Executive Order 11246, as amended. In addition,
sanctions may be imposed and remedies invoked against the Contractor
as provided in Executive Order 11246, as amended, the rules,
regulations, and orders of the Secretary of Labor, or as otherwise
provided by law.
(10) The Contractor shall include the terms and conditions
of subparagraph (b) (1) through (11) of this clause in every
subcontract or purchase order that is not exempted by the rules,
regulations, or orders of the Secretary of Labor issued under
Executive Order 11246, as amended, so that these terms and conditions
will be binding upon each subcontractor or vendor.
01 SEP 89 26 CONST-INSIDE THE U.S~
(11) The Contractor sha].l take ~uch action with respect to
any subcontract or purchase order as the contracting agency may direct
as a means of enforcing these ter~s and conditions, ~ including
sanctions for noncompliance; provided, that if the Contractor becomes
involved in, or is threatened with, litigation with a subcontractor or
vendor as a result of any direction, the Contractor may request the
United States to enter into the litigation to protect the interests of
the United States.
(c) Notwithstanding any other clause in this contract, disputes
relative to this clause will be governed by the procedures in 41 CFR
60-1.1.#
38. FAR 52.222-27 AFFYRPIA~IVE AC~ON COmPLiANCE REQUIREMENTS FOR
CONSTRUCTION (APR ~954)
(a) Definitions. ~'Covered area~" as used in this clause, means
the geographical area descvibed in the solicitation for this contract.
"Director," as used in this clause~ means Director, Office
of Federal Contract Compliance Programs (OFCCP)~ United States
Department of Labor, or any person to whom the Director delegates
authority.
"Employer identification number,~' as used in this clause,
means the Federal social Security number ~sed on the employer's
quarterly federal tax return, U.S. ~easu~~ Department Form 941.
"Minority," as used in this clause~ means--
(1) A~erican Indian or Alaskan Native (all persons having
crigins in any of the original peoples of North kmerica and
maintaining identifiable tribal affiliations through membership and
participation or com~munity identification).
(2) Asian and Pacific Islander (all persons having origins
in any of the original peoples of the Far East, Southeast Asia, the
Indian Subcontinent, or the Pacific Islands);
(3) Black (all persons having origins in any of the black
African racial groups not of Hispanic origin); and
(4) Hispanic (all persons of Mexican, Puerto Rican, Cuban,
Central or South American, or other Spanish culture or origin,
regardless of race).
(b) If the Contractor, or a subcontractor at any tier,
subcontracts a portion of the work involving any construction trade,
each such subcontract in excess of $10,000 shall include this clause
and the Notice containing the goals for minority and female
participation stated in the solicitation for this contract.
(c) If the Contractor is participating in a Hometow~ Plan (41
CFR 60-4) approved by the U.S. Department of Labor in a covered area,
either individually or through an association, its affirmative action
obligations on all work in the plan area (including goals) shall
comply with the plan for those trades that have unions participating
in the plan. Contractors must be able to demonstrate participation
in, and compliance with, the provisions of the plan. Each Contractor
or subcontractor participating in an approved plan i~ also required to
comply with its obligations under the Equal Opportunity clause, and to
make a good faith effort to achieve each goal under the plan in each
trade in which it has employees. The overall good-faith performance
by other Contractors or subcontractors toward a goal in an approved
plan does not excuse any Contractor's or subcontractor's failure to
make good-faith efforts to achieve the plan's goals.
(d) The Contractor shall implement the affirmative action
procedures in s~paragraphs (g) (1) through (16) of this clause. The
goals stated in the solicitation for this contract are expressed as
percentages of tl%e total hours of e~ployment and training of minority
01 SEP 89 27 CONST-INS~DE THE U.S.
and female utilization that the Contractor should reasonably be able
to achieve in each construction trade in which it has employees in the
covered area. If the Contractor performs construction work in a
geographical area located outside of the covered area, it Shall apply
the goals established for the geographical area where that work is
actually performed. The Contractor is expected to make substantially
uniform progress toward its goals in each craft.
(e) Neither the terms and conditions of any collective
bargaining agreement, nor the failure by a union with which the
Contractor has a collective bargaining agreement, to refer minorities
or women shall excuse the Contractor's obligations under this clause,
Executive Order 11246, as amended, or the regulations thereunder.
(f) In order for the nonworking training hours of apprentices
and trainees to be counted in meeting the goals, apprentices and
trainees must be employed by the Contractor during the training
period, and the Contractor must have made a commitment to employ the
apprentices and trainees at the completion of their training, subject
to the availability of employment opportunities. Trainees must be
trained pursuant to training programs approved by the U.S. Department
of Labor.
(g) The Contractor shall take affirmative action to ensure equal
employment opportunity. The evaluation of the Contractor's compliance
with this clause shall be based upon its effort to achieve maxim'~
results from its actions. The Contractor shall document these efforts
fully and implement affirmative action steps at least as extensive as
the following:
(1) Ensure a working environment free of harassment,
intimidation, and coercion at all sites and in all facilities where
the Contractor's employees are assigned to work. The Contractor, if
possible, will assign two or more women to each construction project.
The Contractor shall ensure that foremen, superintendents, and other
onsite supervisory personnel are aware of and carry out the
Contractor's obligation to maintain such a working environment, with
specific attention to minority or female individuals working at these
sites or facilities.
(2) Establish and maintain a current list of sources for
minority and female recruitment. Provide written notification to
minority and female recruitment sources and community organizations
when the Contractor or its unions have employment opportunities
available, and maintain a record of the organizations' responses.
(3) Establish and maintain a current file of the names,
addresses, and telephone numbers of each minority and female
off-the-street applicant, referrals of minorities or females from
unions, recruitment sources, or co~n~unity organizations, and the
action taken with respect to each individual. If an individual was
sent to the union hiring hall for referral and not referred back to
the Contractor by the union or, if referred back, not employed by the
Contractor, this shall be documented in the file, along with whatever
additional actions the Contractor may have taken.
(4) Immediately notify the Director when the union or unions
with which the Contractor has a collective bargaining agreement has
not referred back to the Contractor a minority or woman sent by the
Contractor, or when the Contractor has other information that the
union referral process has impeded the Contractor's efforts to meet
its obligations.
(5) Develop on-the-job training opportunities and/or
participate in training programs for the area that expressly include
minorities and women, including upgrading programs and apprenticeship
and trainee programs relevant to the Contractor's employment needs,
01 SEP 89 28 CONST-INSIDE THE U.S.
especially those programs f~.~n~ed or approved by the Department
Labor. The Contractor shall provide notice of these programs to
sources compiled under subparagraph (g) (2) above.
of
the
(6) Disseminate the Contractor's equal employee policy by--
(i) Providing notice of the policy to unions and to
training, recruitment, and outreach programs,
and requesting their cooperation in assisting
the contractor in meeting its contract
obligations;
(ii) Including the policy in any policy manual and in
collective bargaining agreements;
(iii) Publicizing the policy in the company newspaper,
annual report, etc.;
(iv) Reviewing the policy with all management
personnel and with all minority and female
employees at least once a year; and
(v) Posting the policy on bulletin boards accessible
to employees at each location where construction
work is performed.
(7) Review, at least annually, the Contractor's equal
employment policy and affirmative action obligations with all
employees having responsibility for hiring, assignment, layoff,
termination, or other employment decisions. Conduct review of this
policy with all onsite supervisory personnel before initiating
construction work at a job site. A written record shall be made and
maintained identifying the time and place of these meetings, persons
attending, subject matter discussed, and disposition of the subject
matter.
(8) Disseminate the Contractor's equal employment policy
externally by including it in any advertising in the news media,
specifically including minority and female news media. Provide
written notification to, and discuss this policy with, other
Contractors and subcontractors with which the Contractor does or
anticipates doing business.
(9) Direct rec~litment efforts, both oral and written, to
minority, female, and community organizations, to schools with
minority and female students, and to minority and female recruitment
and training organizations serving the Contractor's recruitment area
and employment needs. Not later than 1 month before the date for
acceptance of applications for apprenticeship or training by any
recruitment source, send written notification to organizations such as
the above, describing the openings, screening procedures, and tests to
be used in the selection process.
(10) Encourage present minority and female employees to
recruit minority persons and women. Where reasonable, provide
after-school, summer, and vacation employment to minority and female
youth both on the site and in other areas of the Contractor's
workforce.
(11) Validate all tests and other selection requirements
where required under 41 CFR 60-3.
(12) Conduct, at least annually, an inventory and evaluation
at least of all minority and female personnel for promotional
opportunities. Encourage these employees to seek or to prepare for,
through appropriate training, etc., opportunities for promotion.
(13) Ensure that seniority practices, job classifications,
work assignments, and other personnel practices do not have a
discriminatory effect by continually monitoring all personnel and
employment-related activities to ensure that the Contractor's
obligations under this contract are being carried out.
01 SEP 89 29 CONST-INSIDE THE U.S.
(14) Ensure that all facilities and company activities are
nonsegregated except that separate or single-user toilet and necessary
changing facilities shall be provided to assure privacy between the
sexes.
(15) Maintain a record of solicitations for subcontracts for
minority and female construction contractors and suppliers, including
circulation of solicitations to minority and female contractor
associations and other business associations.
(16) Conduct a review, at least annually, of all
supervisors' adherence to and performance under the Contractor's equal
employment policy and affirmative action obligations.
(h) The Contractor is encouraged to participate in voluntary
associations that may assist in fulfilling one or more of the
affirmative action obligations contained in subparagraphs (g) (1)
through (16). The efforts of a contractor association, joint
contractor-union, contractor-community, or similar group of which the
contractor is a member and participant may be asserted as fulfilling
one or more of its obligations under subparagraphs (g) (1) through
(16), provided the Contractor--
(1) Actively participates in the group;
(2) Makes every effort to ensure that the group has a
positive impact on the emp!o~ent of minorities and women in the
industry;
(3) Ensures that concrete benefits of the program are
reflected in the Contractor's minority and female workforce
participation;
(4) Makes a good-faith effort to meet its individual goals
and timetables; and
(5) Can provide access to documentation that demonstrates
the effectiveness of actions taken on behalf of the Contractor. The
obligation to comply is the Contractor's, and failure of such a group
to fulfill an obligation shall not be a defense for the Contractor's
noncompliance.
(i) A single goal for minorities and a separate single goal for
women shall he established. The Contractor is required to provide
equal employment opportunity and to take affirmative action for all
minority groups, both male and female, and all women, both minority
and nonminority. Consequently, the Contractor may be in violation of
Executive Order 11246, as amended, if a particular group is employed
in a substantially disparate manner.
(j) The Contractor shall not use goals or affirmative action
standards to discriminate against any person because of race, color,
religion, sex, or national origin.
(k) The Contractor shall not enter into any subcontract with any
person or firm debarred from Government contracts under Executive
Order 11246, as amended.
(1) The Contractor shall carr~ out such sanctions and penalties
for violation of this clause and of the Equal Opportunity clause,
including suspension, termination, and cancellation of existing
subcontracts, as may be imposed or ordered under Executive Order
11246, as amended, and its implementing regl/lations, by the OFCCP.
Any failure to carry out these sanctions and penalties as ordered
shall be a violation of this clause and Executive Order 11246, as
amended.
(m) The Contractor in fulfilling its obligations under this
clause shall implement affirmative action procedures at least as
extensive as those prescribed in paragraph (g) above, so as to achieve
maximum results from its efforts to ensure equal employment
opportunity. If the Contractor fails to comply with the requirements
O1 SEP 89 30 CONST-INSIDE THE U.S.
of Executive Order 11246, as amended, the implementing regulations, or
this clause, the Director shall take action as prescribed in 41 CFR
60-4.8.
(n) The Contractor shall designate a responsible official to--
(l) Monitor all employment-related activity to ensure that
the Contractor's equal employment policy is being carried out;
(2) Submit reports as may be required by the Government;
and
(3) Keep records that shall at least include for each
employee the name, address, telephone n~mher, construction trade,
union affiliation (if any), employee identification number, social
security number, race, sex, status (e.g., mechanic, apprentice,
trainee, helper, or laborer), dates of changes in status, hours worked
per week in the indicated trade, rate of pay, and locations at which
the work was performed. Records shall be maintained in an easily
understandable and retrievable form; however, to the degree that
existing records satisfy this requirement, separate records are not
required to be maintained.
(o) Nothing contained herein shall be construed as a limitation
upon the application of other laws that establish different standards
of compliance or upon the requirements for the hiring of local or
other area residents (e.g., those under the Public Works Enployment
Act of 1977 and the Community Development Block Grant Program).#
39. FAR 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND
VIETNAM ERA VETERANS (APR 1964)
(This clause is applicable pursuant to 41 C.F.R. 60-250, if this
contract is for $10,ooo or more. )
(a) Definitions. "Appropriate office of the State employment
service system," as used in this clause, means the local office of the
Federal-State national system of public employment offices assigned to
serve the area where the employment opening is to be filled, including
the District of Columbia, Guam, Puerto Rico, Virgin Islands, ~merican
Samoa, and the Trust Territory of the Pacific Islands.
"Openings that the contractor proposes to fill from within
its own organization," as used in this clause, means employment
openings for which no one outside the Contractor's organization
(including any affiliates, subsidiaries, and the parent companies)
will be considered and includes any openings that the Contractor
proposes to fill from regularly established "recall" lists.
"Openings that the Contractor proposes to fill under a
customary and traditional employer-union hiring arrangement," as used
in this clause, means employment openings that the Contractor proposes
to fill from union halls, under their customary and traditional
employer-union hiring relationship.
"Suitable employment openings," as used in this clause--
(1) Includes, but is not limited to, openings that occur in
jobs categorized as--
(i) Production and nonproduction;
(ii) Plant and office;
(iii) Laborers and mechanics;
(iv) Supervisory and nonsuperwisory;
(v) Technical; and
(vi) Executive, administrative, and professional
positions compensated on a salary basis of
less than $25,000 a year; and
(2) Includes full-time employment, temporary employment of
over 3 days, and part-time employment, but not openings that the
Contractor proposes to fill from within its own organization or under
01 SEP 89 31 CONST-INSIDE THE U.S.
~ c~stomary and traditional employer-union hiring arrangement, nor
openings in an educational institution that are restricted to students
of that institution.
(b) General.
(1) Regarding any position for which the employee or
applicant for employment is qualified, the Contractor shall not
die, criminate against the individual because the individual is a
special disabled or Vietnam Era veteran. The Contractor agrees to
take affirmative action to employ, advance in employment, and
otherwise treat qualified special disabled and Vietnam Era veterans
without discrimination based upon their disability or veterans' status
in all employment practices such as--
(i) Employment;
(ii) Upgrading;
(iii) Demotion or transfer;
(iv) Recruitment;
(v) Advertising;
(vi) Layoff or termination;
(vii) Rates of pay or other
and
(viii) Selection
ticeship.
forms of compensation;
for training, including aFpren-
(2) The Contractor agrees to comply with the rules,
r=gulations, and relevant orders of the Secretary of Labor (Secretary)
iss~.ed under the Vietnam Era Veterans' Readjustment Assistance Act of
1972 (the Act), as amended.
(c) Listing openings.
' (1) The Contractor agrees to list all suitable employment
openings existing at contract award or occurring during contract
performance, at an appropriate office of the State employment service
system in the locality where the opening occurs. These openings
include those occurring at any Contractor facility, including one not
connected with performing this contract. An independent corporate
affiliate is exempt from this requirement.
(2) State and local government agencies holding Federal
contracts of $10,000 or more shall also list all their suitable
openings with the appropriate office of the State employment service.
(3) The listing of suitable employment openings with the
State employment service system is required at least concurrently with
using any other recruitment source or effort and involves the
obligations of placing a bona fide job order, including accepting
referrals of veterans and nonveterans. This listing does not require
hiring any particular job applicant or hiring from any particular
group of job applicants and is not intended to relieve the Contractor
from any requirements of Executive orders or regulations concerning
nondiscrimination in employment.
(4) Whenever the Contractor becomes contractually bound to
the listing terms of this clause, it shall advise the State employment
service system, in each state where it has establishments, of the name
and location of each hiring location in the State. As long as the
Contractor is contractually bound to these terms and has so advised
the State system, it need not advise the State system of subsequent
contracts. The Contractor may advise the State system when it is no
longer bound by this contract clause.
(5) Under the most compelling circumstances, an employment
opening may not be suitable for listing, including situations when (i)
the Government's needs cannot reasonably be supplied, (ii) listing
would be contrary to national security, or (iii) the requirement of
listing would not be in the Government's interest.
01 SEP 89 32 CONST-INSIDE THE U.S.
(d) Applicability.
(1) This clause d6es not apply to the listing of employment
openings which occur and are filled outside the 50 states, the
District of Col~mhia, Puer~co Rico, Guam, Virgin Islands, American
Samoa, and the Trust Territory of the Pacific Islands.
(2) The terms 'of paragraph (c) above of this clause do not
apply to openings that the Contractor proposes to fill from within its
own organization or under a customary and traditional employer-union
hiring arrangement. This exclusion does not apply to a particular
opening once an employer decides to consider applicants outside of its
own organization or employer-union arrangement for that opening.
(e) Postings.
(1) The Contractor agrees to post employment notices stating
(i) the Contractor's obligation under the law to take affirmative
action to employ and advance in employment qualified special disabled
veterans and veterans of the Vietnam Era, and (ii) the rights of
applicants and employees.
(2) These notices shall be posted in conspicuous places that
are available to employees and applicants for employment. They shall
be in a form prescribed by the Director, office of Federal Contract
Compliance Programs, Department of Labor (Director), and provided by
or through the Contracting officer.
(3) The Contractor shall notify each labor union or
representative of workers with which it has a collective bargaining
agreement or other contract understanding, that the Contractor is
bound by the terms of the Act, and is committed to take affirnative
action to employ, and advance in employment, qualified special
disabled and Vietnam Era veterans.
(f) Noncompliance. If the Contractor does not comply with the
requirements of this clause, appropriate actions may be taken under
the rules, regulations, and relevant orders of the Secretary issued
pursuant to the Act.
(g) Subcontracts. The Contractor shall include the terms of
this clause in every subcontract or purchase order of $10,000 or more
unless exempted by rules, regulations, or orders of the Secretary.
The Contractor shall act as specified by the Director to enforce the
terms, including action for noncompliance.#
40. FAR 52.222-36 ~FFIRMATIVE ACTION FOR H~NDICAPPED WORKERS (APR
1984)
(Contracts and subcontraots are exempt from the requirements of
the following clause with regard to work performed outside the
united States by employees who were not recz~lited within the
United States).
(a) General.
(1) Regarding any position for which the employee or
applicant for employment is qualified, the Contractor shall not
discriminate against any employee or applicant because of physical or
mental handicap. The Contractor agrees to take affirmative action to
employ, advance in employment, and otherwise treat qualified
handicapped individuals without discrimination based upon their
physical or mental handicap in all employment practices such as--
(i) Employment;
(ii)
(iii)
(iv)
(v)
(vi)
Upgrading;
Demotion or transfer;
Recruitment;
Advertising;
Layoff or termination;
01 SEP 89 33 CONST-INSIDE THE U.S.
(vii) Rates of pay or other forms of compensation;
and
(viii) Selection for training, including apprentice-
ship.
(2) The Contractor agrees to comply with the rules,
regulations, and relevant orders of the Secretary of Labor (Secretary)
issued under the Rehabilitation Act of 1973 (29 U.S.C. 793) (the
Act), as amended.
(b) Postings.
(1) The Contractor Agrees to post employment notices stating
(i) the Contractor's obligation under the law to take affirmative
action to employ and advance in employment qualified handicapped
individuals and (ii) the rights of applicants and employees.
(2) These notices shall be posted in conspicuous places that
are available to employees and applicants for employment. They shall
be in a form prescribed by the Director, Office of Federal Contract
Ccmpliance Programs, Department of Labor (Director), and provided by
or through the Contracting Officer.
(3) The Contractor shall notify each labor union or
representative of workers with which it has a collective bargaining
agreement or other contract understanding, that the Contractor is
bound by the terms of Section 503 of the Act and is committed to take
affirmative action to employ, and advance in employment, ~aalified
physically and mentally handicapped individuals.
(c) Noncompliance. If the Contractor does not comply with the
reguirements of this clause, appropriate actions may be taken under
the rules, regulations and relevant orders of the Secretary issued
pursuant to the Act.
(d) Subcontracts. The Contractor shall include the terms cf
this clause in every subcontract or purchase order in excess of $2,500
unless exempted by rules, regulations, or orders of the Secretary,.
The Contractor shall act as specified by the Director to enforce the
te_~r.s, including action for noncompliance.#
41. FAR 52.222-37 EMPLOYMENT R~PORTS ON 8PECIAL DISABLED VETERANS
AND VETERANS OF THE VIETNAM ERA (JAN 1988)
(The following clause is applicable if the amount of this
contract is in excess of $10,000.)
(a) The contractor shall report at least annually, as required
by the Secretary of Labor, on:
(1) The number of special disabled veterans and the number
of veterans of the Vietnam era in the workforce of the contractor by
job category and hiring location; and
(2) The total number of new employees hired during the
period covered by the report, and of that total, the number of
special disabled veterans, and the number of veterans of the Vietnam
era.
(b) The above items shall be reported by completing the form
entitled "Federal Contractor Veterans' Employment Report VETS-100."
(c) Reports shall be submitted no later than March 31 of each
year beginning March 31, 1988.
(d) The employment activity report required by paragraph (a)(2)
of this clause shall reflect total hires during the most recent
12-month period as of the ending date selected for the employment
profile report required by paragraph (a) (1) of this clause.
Contractors may select an ending date: (1) As of the end of any pay
period during the period January through March 1st of the year the
report is due, or (2) as of December 31, if the contractor has
01 SEP 89 34 CONST-INSIDE THE U.S.
previous written approval from the Equal Employment Oppol-tunity
Commission to do so for purposes of submitting the Employer
Information Report EEO-1 (Standard Form 100).
(e) The count of veterans reported according to paragraph (a) of
this clause shall be based on voluntary disclosure. Each contractor
subject to the reporting requirements at 38 U.S.C. 2012(d) shall
invite all special disabled veterans and veterans of the Vietnam era
who wish to benefit under the affirmative action program at 38 U.S.C.
2012 to identify themselves to the contractor. The invitation shall
state that the information is voluntarily provided, that the
information will be kept confidential, that disclosure or refusal to
provide the information will not subject the applicant or employee to
any adverse treatment and that the information will be used only in
accordance with the regulations promulgated under 38 U.S.C. 2012.
(f) Subcontracts. The contractor shall include the terms of
this clause in every subcontract or purchase order of $10,000 or more
unless exempted by rules, regulations, or orders of the Secretary.#
42.
(a)
(42 U.S.C.
standards,
FAR 52.223-2 CLEAN AIR AND WATER (APR 1984)
"Air Act," as used in this clause, means the Clean Air Act
7401 et seq.).
"Clean air standards," as used in this clause, means--
(1) Any enforceable rules, regulations, guidelines,
limitations, orders, controls, prohibitions, work
practices, or other requirements contained in, issued under, or
otherwise adopted under the Air Act or Executive Order 11738;
(2) An applicable implementation plan as described in
section I10(d) of the Air Act (42 U.S.C. 7410(d));
(3) An approved implementation plan as described in section
lll(c) or section ill(d) of the Air Act (42 U.S.C. 7411(c) or (d));
or
(4) An approved implementation
l12(d) of the Air Act (42 U.S.C. 7412(d)).
"Clean water standards," as used
enforceable limitation, control, condition,
procedure under section
in this clause, means any
prohibition, standard, or
other requirement promulgated under the Water Act or contained in a
permit issued to a discharger by the Environmental Protection Agency
or by a State under an approved program, as authorized by section 402
of the Water Act (33 U.S.C. 1342), or by local government to ensure
compliance with pretreatment regulations as required by section 307 of
the Water Act (33 U.S.C. 1317).
"Compliance,# as used in this clause, means compliance
with--
(1) Clean air or water standards; or
(2) A schedule or plan ordered or approved by a court of
competent jurisdiction, the Environmental Protection Agency, or an air
or water pollution control agency under ~he requirements of the Air
Act or Water Act and related regulations.
"Facility," as used in ~his clause, means any building,
plant, installation, structure, mine, vessel or other floating craft,
location, or site of operations, owned, leased, or supervised by a
Contractor or subcontractor, used in the performance of a contract or
subcontract. When a location or site of operations includes more than
one building, plant, installation, or structure,the entire location or
site shall be deemed a facility except when the Administrator, or a
designee, of the Environmental Protection Agency determines that
independent facilities are collocated in one geographical area.
01 SEP 89 35 CONST-INSIDE THE U.S.
"Water Act," as used in this clause, means Clean Water Act
i~3 U.S.C. 1251 et seq.).
(b) The Contractor agrees--
(1) To comply with all the requirements of section 114 of
.be Clean Air Act (42 U.S.C. 7414) and section 308 of the Clean Water
~ct (33 U.S.C. 1318) relating to inspection, monitoring, entry,
reports, and information, as well as other rec~irements specified in
sec,!on 114 and section 308 of the Air Act and the Water Act, and all
regulations and g]/idelines issued to implement those acts before the
award of this contract;
(2) That no portion of the work required by this prime
ccntract will be perform, ed in a facility listed on the Environmental
Protection Agency List of Violating Facilities on the date when this
ccntract was awarded unless and until the EPA eliminates the name of
the facility from the listing:
(3) To use best efforts to comply with clean air standards
and clean water standards at the facility in which the contract is
being performed; and
(4) To insert the substance of this clause into any
nonexempt subcontract, including this subparagraph (b) (4).#
43. FAR 52.223-6 DRUG FREE WORKPLACE (MAR 1989)
(a) Definitions. As used in this clause,
"Controlled substance" means a controlled substance in schedules I
through V of section 202 of the Controlled Substances Act (21
812) and as further defined in regulation at 21 CFR 1308.11-1308.15.
"Conviction" means a finding of guilt (including a plea of nolo
contendere) or imposition of sentence, or both, by any judicial body
charged with the responsibility to determine violations of the Federal
or State criminal drug statutes.
"Criminal drug statute" means a Federal or non-Federal criminal
statute involving the manufacture, distribution, dispensing,
possession or use of any controlled substance.
"Drug-free workplace" means a site for the performance of work
done in connection with a specific contract at which employees of the
Contractor are prohibited from engaging in the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled
substance.
"Employee" means an employee of a Contractor directly engaged in
perfo~-mance of work under a Government contract.
"Individual" means an offeror/contractor that has no more than one
employee including the offeror/contractor.
(b) The Contractor, if other than an individual, shall-
(l) Publish a statement notifying its employees that the
unlawful manufacture, distribution, dispensing, possession, or use
of a controlled substance is prohibited in the Contractor's
workplace and specifying the actions that will be taken against
employees for violations of such prohibition;
(2) Establish a drug-free awareness program to infor~ such
employees about-
(i) The dangers of drug abuse in the workplace;
(ii) The Contractor's policy of maintaining a drug-free
workplace;
(iii) Any available drug counseling, rehabilitaticn, and
employee assistance programs; and
(iv) The penalties that may be imposed upon employees for
drug abuse violations occurring in the workplace;
01 SEP 89 36 CONST-INSIDE THE U.S.
(3) Provide all employees engaged in of the contract
requiredperf°rmance
with a copy of the statement' by subparagraph (b)(1) of
this clause;
(4) Notify such employees in the statement required by
subparagraph (b)(1) of this clause, that as a condition of
continued employment on this contract, the employee will-
(i) Abide by the terms of the statement; and
(ii) Notify the employer of any criminal drug statute
conviction for a violation occurring in the workplace no later
than five (5) days after such conviction:
(5) Notify the Contracting Officer within ten (10) days after
receiving notice under subdivision (b)(4)(ii) of this clause, from
an employee or otherwise receiving actual notice of such
conviction;
(6) Within 30 days after receiving notice under subdivision
(b) (4) (ii) of this clause of a conviction, impose the following
sanctions or remedial measures on any employee who is convicted of
drug abuse violations occurring in the workplace:
(i) Taking appropriate personnel action against such
employee, up to and including termination; or
(ii) Require such employee to satisfactorily participate in a
drug abuse assistance or rehabilitation program approved for
such purposes by a Federal, State, or local health, law
enforcement, or other appropriate agency.
(7) Make a good faith effort to maintain a drug-free workplace
through implementation of subparagraphs (b)(1) through (b)(6) of
this clause.
(c) The Contractor, if an individual, agrees by award of the
contract or acceptance of a purchase order, not to' engage in the
unlawful manufacture, distribution, dispensing, possession, or use of
a controlled substance in the performance of this contract.
(d) In addition to other remedies available to the Government, the
Contractor's failure to comply with the requirements of paragraphs (b)
and (c) of this clause may, pursuant to FAR 23.506, render the
Contractor subject to suspension of contract payments, termination of
the contract for default, and suspension or debarment.~
44. DFARS 52.223-7500 DRUG-FREE WORK FORCE (SEP 1988)
This clause does not apply to that part of a contract that is to
bm performed outside of the United St&tss, its territories, and
positions.
(a) Definitions.
"Illegal Drugs," as used in ~his clause, means controlled
substances included in Schedule I and II, as defined by Section 802(b)
of Title 21 of the United States Code, the possession of which is
unlawful under Chapter 13 of that title. The term "illegal drugs"
does not mean the use of a controlled substance pursuant to a valid
prescription or other uses authorized by law.
"Employee in a sensitive position," as used in this clause,
means an employee who has been granted access to classified
information; or employees in other positions that the Contractor
determines involve national security, health or safety, or functions
other than the foregoing requiring a high degree of trust and
confidence.
01 SEP 89 37 CONST-INSIDE THE U.S.
(b) The Contractor agrees to institute and maintain a program for
~.chieving the objec~iv~ of a drug-free work force. While this clause
uefines criteria for such a program, Contractors are encouraged to
in,~lement alternative approaches comparable to the criteria in
?a~'agraph (c) below that are designed to achieve the objectives of
~'~is clause.
(c) Contractor programs shall include the following, or
app.~opriate alternatives:
(1) Employee assistance programs emphasizing high level
direction, education, counseling, rehabilitation, and coordination
%~ith available community resources;
(2) Supervisory training to assist in identifying and
addressing illegal drug use by Contractor employees.
(3) Provision for self-referrals as well as supervisory
referrals to treatment with maximum respect for ind~v~dua!
confidentiality consistent with safety and security issues;
(4) Provision for identifying illegal drug users, insiu~ng
te~ting on a controlled and carefully monitored basis. Employee drug
testing programs shall be established taking account of the following:
(i) The Contractor shall establish a program that
provides for testing for the use of illegal
drugs by employees in sensitive position~. The
extent of and criteria for such testing snal!
be determined by the Contractor based on
considerations that include the nature of the
work being performed under the contract, the
employee's duties, the efficient use cf
Contractor resources, and the risks to health,
safety, or national security that could result
from the failure of an employee adequately to
discharge his or her position.
(ii) In addition, the Contractor may establish a
program for employee drug testing--
(A) When there is a reasonable suspicion that
an employee uses illegal drugs; or
(B) When an employee has been involved in an
accident or unsafe practice;
(C) As part of or as a follow-up to counseling
or rehabilitation for illegal drug use;
(D) As part of a voluntary employee drug
testing program.
(iii) The Contractor may establish a program to test
applicants for employment for illegal drug use.
(iv) For the purpose of administering this clause,
testing for illegal drugs may be limited to
those substances for which testing is
prescribed by Section 2.1 of Subpart B of the
"Mandatory Guidelines for Federal Work Place
Drug Testing Program," (53 FR 11980 (April 11,
1988)), issued by the Department of Health and
Human Services.
(d) Contractors shall adopt appropriate personnel procedures to
deal with employees who are found to be using drugs illegally.
Contractors shall not allow any employee to remain on duty or perform
in a sensitive position who is found to use illegal drugs until such
time as the Contractor, in accordance with procedures established by
the Contractor, determines that the employee may perform in such a
position.
01 SEP 89 38 CONST-INSIDE THE U.S.
(e) The provisions of this clause pertaining to drug testing
programs shall not apply to the extent they are inconsistent with
state or local law, or with an existing collective bargaining
agreement; provided that with respect to the latter, the -Contractor
agrees that those issues that are in conflict will be a s~bject of
negotiation at the next collective bargaining session, t
45. FAR 52.225-5 BUY AMERICAN ACT--CONSTRUCTION MATERIALS (APR
1984)
(a) The Buy American Act (41 U.S.C. 10) provides that the
Government give preference to domestic construction material.
"Components," as used in this clause, means those articles,
materials, and supplies incorporated directly into construction
materials.
"Construction materials," as used in this clause, means
articles, materials, and supplies brought to the construction site for
incorporation into the building or work.
"Domestic construction material," as used in this clause,
means (1) an unmanufactured construction material mined or produced in
the United States, or (2) a construction material manufactured in the
United States, if the cost of its components mined, produced, or
manufactured in the United States exceeds 50 percent of the cost of
all its components. Components of foreign origin of the same class or
kind as the construction materials determined to be unavailable
pursuant to subparagraph 25.202(a)(3) of the Federal Acquisition
Regulation (FAR) shall be treated as domestic.
(b) The Contractor agrees that only domestic construction
material will be used by the Contractor, subcontractors, materialmen,
and suppliers in the performance of this contract, except for foreign
construction materials, if any, listed in this contract.
(The foregoing requirements are administered in accordance with
Executive Order No. 10582, dated December 17, 1954, as amended, and
Subpart 25.2 of the FAR).#
46. RESTRICTIONS ON CONTRACTING WITH BANCTIONED PERSONS (MAY 1989)
FAR 52.225-13
(a) Definitions. (1) "Component part" means any article which
is not usable for its intended functions without being imbedded or
integrated into any other product and which, if used in production of
a finished product, would be substantially transformed in that
process.
(2) "Finished product" means any article which is usable for
its intended function without being imbedded in, or integrated into,
any other product. It does not include an article procured by a
person, other than a sanctioned person, that contains parts or
components of the sanctioned person if the parts or components have
been substantially transformed during production of the finished
product.
(3) "Sanctioned person" means a company or other foreign
person upon whom prohibitions have been imposed.
(4) "Substantially transformed," when referring to a component
part or finished product, means that the part or product has been
subjected to a substantial manufacturing or processing operation by
which the part or product is converted or combined into a new and
different article of commerce having a new name, character, and use.
(b) General. Section 2443 of the Multilateral Export Control
Enhancement Amendments Act (Pub. L. 100-418) and Executive Order
12661, effective December 28, 1988, impose, for a period of 3 years,
with certain exceptions, a prohibition on contracting with, or
01 SEP 89 39
CONST-INSIDE THE U.S.
~..rocuring (including rental and lease/purchase) directly or indirectly
3he products or services of (1) Toshiba Machine Company, (2) Kongsberg
Trading Company, (3) Toshiba Corporation, or (4) Kongsberg
V~apenfabrikk. The Act and Executive Order also prohibit,~ for the
s~e 3-year period, the importation into the United States of all
{~ruducts produced by Toshiba Machine Company and Kongsberg Trading
iompany. These prohibitions also apply to s~bsidiaries, successor
entities or joint ventures of Toshiba Machine Company or Kongsberg
Trading Company.
(c) Restriction. Unless listed by the Contractor in its offer,
in the solicitation provision at FAR 52.225-12, Notice of Restrictions
cn Contracting with Sanctioned Persons, or unless one of the
exceptions in paragraph (d) of this clause applies, the Contractor
agrees that no products or services delivered to the Government under
this contract will be products or services of a sanctioned person.
(d) Exceptions. The restrictions do not apply-
(l) To finished products of nonsanctioned persons containing
components of a sanctioned person if these components have been
sut~stantially transformed during the manufacture of the f~nished
product.
(2) To products or services of a sanctioned person provided-
(i) The products are designed to the specifications cf a
nonsanctioned person marketed under the trademark, brand or
name of the nonsanctioned person;
(ii) The business relationship between the nonsanctioned
person and the sanctioned person clearly existed prior to June
30, 1987; and
(iii) The nonsanctioned person is not directly or
indirectly owned by a sanctioned person.
(3) If a determination has been made in accordance with FAR
25.1003(a) or (b).
(e) Award. Award of any contract resulting from this solicitation
will not affect the Contractor's obligation to comply with importation
regulations of the Secretary of the Treasury.#
47. FAR 52.227-1 AUTHORIZATION /%ND CONBENT (APR 1984)
{a) The Government authorizes and consents to all use and
manufacture, in performing this contract or any subcontract at any
tier, of any invention described in and covered by a United States
patent (1) embodied in the str~cture or composition of any article the
delivery of which is accepted by the Government under this contract or
(2) used in machinery, tools, or methods whose use necessarily results
from compliance by the Contractor or a subcontractor with (i)
specifications or written provisions forming a part of this contract
or (ii) specific written instructions given by the Contracting Officer
directing the manner of performance. The entire liability to
the Governmen~ for infringement of a patent of the United States shall
be determined solely by the provisions of the indemnity clause, if
any, included in this contract or any subcontract hereunder (including
any lower-tier subcontract), and the Government assumes liability for
all other infringement to the extent of the authorization and consent
hereinabove granted.
(b) The Contractor agrees to include, and require inclusion of,
this clause, suitably modified to identify the parties, in all
subcontracts at any tier for supplies or services (including
construction, architect-engineer services, and materials, supplies,
models, samples, and design or testing services expected to exceed
$25,000; however, omission of this clause from any subcontract, under
or over $25,000, does not affect this authorization and consent.#
01 SEP 89 40 CONST-INSIDE THE U.S.
48. F,~R 52.227-2 NOT~CE ~D ~SS~STA~CE I~G~q,D~NG P~TENT ~
COPYRIGHT INFRINGEMENT (APR lg84)
(a) The Contractor shall repor~ to the contracting Officer,
promptly and in reasonable written detail, each notice or- claim of
patent or copyright infringement based on the performance of this
contract of which the Contractor has knowledge..
(b) In the event of any claim or suit against the Government on
account of any alleged patent or copyright infringement arising out of
the performance of this contract or out of the use of any supplies
furnished or work or services performed under this contract, the
Contractor shall furnish to the Government, when requested by the
Contracting Officer, all evidence and information in possession of the
Contractor pertaining to such suit or claim. Such evidence and
information shall be furnished at the expense of the Government except
where the Contractor has agreed to indemnify the Government.
(c) The Contractor agrees to include, and require inclusion of,
this clause in all subcontracts at any tier for supplies or services
(including construction and architect-engineer subcontracts and those
for material, supplies, models, samples, or design or testing
services) expected to exceed the dollar amount set forth in 13.000 of
the Federal Acquisition Regulation (FAR).#
49. FAR 52.227-4 PATENT INDEMnITY--CONSTRUCTION CONTRACTS (APR
1984)
Except as otherwise provided, the Contractor agrees to indemnify
the Government and its officers, agents, and employees against
liability, including costs and expenses, for infringement upon any
united States patent (except a patent issued upon an application that
is now or may hereafter be withheld from issue pursuant to a Secrecy
Order under 35 U.S.C. 181) arising out of performing this contract or
out of the use or disposal by or for the account of the Government of
supplies furnished or work performed under this contract.~
50. RIGHTS IN SHOP DRAWINGS (APR 1966) DFAR 252.227-7033
(a) Shop drawings for construction means drawings, submitted to
the Government by the Construction Contractor, subcontractor or any
lower-tier subcontractor pursuant to a construction contract, showing
in detail (i) the proposed fabrication and assembly of structural
elements and (ii) the installation (i.e., form, fit, and attachment
details) of materials or equipment. The Government may duplicate,
use, and disclose in any manner and for any purpose shop drawings
delivered under this contract.
(b) This clause, including this paragraph (b), shall be included
in all subcontracts hereunder at any tier.~
51. FAR 52.228-2 ADDITIONAL BOND SECURITY (APR 1984)
The Contractor shall promptly furnish additional security
required to protect the Government and persons supplying labor or
materials under this contract if--
(a) A~y surety upon any bond furnished with ~his contract
becomes unacceptable to the Government;
(b) Any surety fails to furnish reports on its financial
condition as required by the Government; or
(c) The contract price is increased so that ~he penal sum of any
bond becomes inadequate in the opinion of the Contracting Officer.#
01 SEP 89 41 CONST-INSID£ THE U.S.
', FAR 52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION
(~PR 1984)
(The following clause is applicable if the services involved are
performed on & Government Installation.)
(a) The Contractor shall, at its own expense, provide and
*~;ntain during the entire performance period of this contract at
].ast the kinds and minimum amounts of insurance required in the
Schedule or elsewhere in the contract.
lb) Before commencing work under this contract, the Contractor
shall certify to the Contracting Officer in writing that the req~ired
insurance has been obtained. The policies evidencing required
insurance shall contain an endorsement to the effect that any
cancellation or any material change adversely affecting the
Government's interest shall not be effective (1) for such period as
the laws of the State in which this contract is to be performed
prescribe or (2) until 30 days after the insurer or the Contractor
gives written notice to the Contracting Officer, whichever period is
longer.
(c) The Contractor shall insert the substance of this clause,
including this paragraph (c), in subcontracts under this contract that
require work on a Government installation and shall require
subcontractors to provide and maintain the insurance required in the
schedule or elsewhere in the contract. At least 5 days before entry
of each such subcontractor's personnel on the Government installation,
the Contractor shall furnish (or ensure that there has been furnished)
to the Contracting Officer a current certificate of insurance, meeting
the requirements of paragraph (b) above, for each such subcontractor.~
53. FAR 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (APR 1984)
(a) "Contract date," as used in this clause, means the date set
for bid opening or, if this is a negotiated contract or a
modification, the effective date of this contract or modification.
"All applicable Federal, State, and local taxes and duties,"
as used in this clause, means all taxes and duties, in effect cn the
contract date, that the taxing authority is imposing and collecting on
the transactions or property covered by this contract.
"After-imposed Federal tax," as used in this clause, means
any new or increased Federal excise tax or duty, or tax that was
exempted or excluded on the contract date but whose exemption was
later revoked or reduced during the contract period, on the
transactions or property covered by this contract that the Contractor
is re~uired to pay or bear as the result of legislative, judicial, or
administrative action taking effect after the contract date. It does
not include social security tax or other employment taxes.
"After-relieved Federal tax," as used in this clause, means
any amount of Federal excise tax or duty, except social security or
other employment taxes, that would otherwise have been payable on the
transactions or property covered by this contract, but which the
Contractor is not required to pay or bear, or for which the Contractor
obtains a refund or drawback, as the result of legislative, judicial,
or administrative action taking effect after the contract date.
(b) The contract price includes all applicable Federal, State,
and local taxes and duties.
(c) The contract price shall be increased by the amount of any
after-imposed Federal tax, provided the Contractor warrants in writing
that no amount for such newly imposed Federal excise tax or duty or
rate increase was included in the contract price, as a contingency
reserve or otherwise.
01 SEP 89 42 CONST-INSIDE THE U.S.
(d) The contract price shall be decreased by the amount of
after-relieved Federal tax.
(e) The contract price shall be decreased by the amount'of any
Federal excise tax or duty, except social security or other~employment
taxes, that the Contractor is required to pay or bear, or does not
obtain a refund of, through the Contractor's fault, negligence, or
failure to follow instructions of the Contracting Officer.
(f) No adjustment shall be made in the contract price under this
clause unless the amount of the adjustment exceeds $100.
(g) The Contractor shall promptly notify the Contracting Officer
of all matters relating to any Federal excise tax or duty that
reasonably may be expected to result in either an increase or decrease
in the contract price and shall take appropriate action as the
Contracting Officer directs.
(h) The Government shall, without liability, furnish evidence
appropriate to establish exemption from any Federal, State, or local
tax when the Contractor requests such evidence and a reasonable basis
exists to sustain the exemption.#
54. FAR 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS
(APR 1989)
(a) The Government shall pay the Contractor the contract price
as provided in this contract.
(b) 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. If requested by the Contracting Officer, the
Contractor shall furnish a breakdown of the total contract price
showing the amount included therein for each principal categor~ of the
work, which shall substantiate the payment amount requested in order
to provide a basis for determining progress payments, in such detail
as requested by the Contracting Officer. 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
may also be taken into consideration if--
(1) Consideration is specifically authorized by this
contract; and
(2) 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) Along with each request for progress payments, the
contractor shall furnish the following certification, or payment shall
not be made:
I hereby certify, to the best of my knowledge and belief,
that-
(l) The amounts requested are only for performance in
accordance with the specifications, terms, and conditions of the
contract;
(2) Payments to subcontractors and suppliers have been made
from prefious payments received under the contract, 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; and
01 SEP 89 43 CONST-INSIDE THE U.S.
(3) This request for progress payments does not include any
amounts which the prime contractor intends to witb/~old or retain
from a subcontractor or supplier in accordance with the terms
and conditions of the subcontract.
(Name)
(Title)
(Date)
(d) If the Contractor, after making a certified request for
progress pa}~ents, discovers that a portion or all of such request
constitutes a peyment 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-
(l) Notify the Contracting officer of such perfor~ance
deficiency; and
(2) Be obligated to pay the Government an amount (computed by
the Contracting Officer in the manner provided in 31
3903(c) (1) equal to interest on the unearned amount frc~ the
date of receipt of the unearned amount ~ntil-
(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 any
amount equal to the unearned amount.
(e) 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 may retain a maximum of 10 percent of the amount of the
payment until satisfactory progress is achieved. When 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 contractbr all remaining withheld
funds. Also, on completion and acceptance of each separate building,
public work, or other division of the contract, payment shall be made
for the completed work without retention of a percentage.
(f) 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-
(l) 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 Govezll~ment to require the
fulfillment of all the terms of the contract.
(g) 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 (c) above shall not apply to that portion of
progress payments attributable to bond premiums.
01 SEP 89 44 CONST-INSIDE THE U.S.
(h) 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 be 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. 15).
(i) 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
contract
including
the terms
pursuant
changes.#
in a contract, as defined in FAR Subpart 2.1, including
modifications for additional supplies or services, but not
contract modifications that are within the scope and under
of the contract, such as contract modifications issued
to the Changes clause, or funding and other administrative
55. FAR 52.232-17 INTEREST (APR 1984)
(a) Notwithstanding any other clause of this contract, all
amounts that become payable by the Contractor to the Government under
this contract (net of any applicable tax credit under the Internal
Revenue Code (26 U.S.C. 1481)) shall bear simple interest from the
date due until paid unless paid within 30 days of becoming due. The
interest .rate shall be the interest rate established by the Secretary
of the Treasury as provided in Section 12 of the Contract Disputes Act
of 1978 (Public Law 95-563), which is applicable to the period in
which the amount becomes due, as provided in paragraph (b) of this
clause, and then at the rate applicable for each six-month period as
fixed by the Secretary until the amount is paid.
(b) Amounts shall be due at the earliest of the following dates:
(1) The date fixed under this contract.
(2) The date of the first written demand for payment
consistent with this contract, including any demand resulting from a
default termination.
(3) The date the Government transmits to the Contractor a
proposed supplemental agreement to confirm completed negotiations
establishing the amount of debt.
(4) If this contract provides for revision of prices, the
date o~ written notice to the Contractor stating the amount of refund
payable in connection with a pricing proposal or a negotiated pricing
agreement not confirmed by contract modification.
(c) The interest charge made under this clause may be reduced
under the procedures prescribed in 32.614-2 of the Federal Acquisition
Regulation in effect on the date of this contract.#
$6. FAR $2.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)
(a) The Contractor, under the Assignment of Claims Act, as
amended, 31 U.S.C. 3727, 41 U.S.C. 15 (hereafter referred to as the
"the Act"), may assign its rights to be paid amounts due or to become
due as a result of the performance of this contract to a bank, trust
company, or other financing institution, including any Federal lending
agency. The assignee under such an assi~.ent may thereafter further
assign or reassign its right under the original assignment to any type
of financing institution described in the preceding sentence.
01 SEP 89 45 CONST-INSIDE THE U.S.
(b) Any assignment or reassignment authorized under the Act and
this clause shall cover all unpaid amounts payable under this
contract, and shall not be made to more than one party, except that an
assignment or reassignment may be made to one party as agent or
t~.~ustee for two or more parties participating in the financing of this
contract.
(c) The Contractor shall not furnish or disclose to any assignee
under this contract any classified document (including this contract)
or information related to work under this contract until the
Contracting Officer authorizes such action in writing.#
57. PROMPT PAYMENT FOR CONSTRUCTION CONTP.%CTS (APR 1989)
FAR 52.232-27
Notwithstanding any other payment terms in this contract, the
Government will make invoice payments and contract financing payments
under the terms and conditions specified in this clause. Payment
shall be considered as being made on the day a check is dated or an
electronic funds transfer is made. Definitions of pertinent terms are
set forth in 32.902. Ail days referred to in this clause are calendar
days, unless otherwise specified. The term "foreign vendor" means an
incorporated concern not incorporated in the United States or an
unincorporated concern having its principal place of business outside
the United States.
(a) Invoice Payments.
(1) For purposes of this clause, there are several types of
invoice payments which may occur under this contract, as
follows:
(i) Progress payments, if provided for elsewhere in this
contract, based on Contracting Officer a~proval of the
estimated amount and value of work or services performed,
including payments for reaching milestones in any project:
(A) The due date for making such payments shall be 14
days after receipt of the payment request by the
designated billing office. However, if the designated
billing office fails to annotate the payment request with
the actual date of receipt, the payment due date shall be
deemed to be the 14th day after the date the Contractor's
payment request is dated, provided a proper payment
request is received and there is no disagreement over
quantity, quality, or Contractor compliance with contract
requirements.
(B) The due date for payment of any amounts retained by
the Contracting officer in accordance with the clause at
52.232-5, Payments Under Fixed-Price Construction
Contracts, shall be as specified in the contract or, if
not specified, 30 days after approval for release to the
Contractor by the Contracting Officer.
(ii) Final payments based on completion and acceptance of
all work and presentation of release of all claims against
the Government arising by virtue of %he contract, and
payments for partial deliveries that have been accepted by
the Government (e.g., each separate building, public work, or
other division of the contract for which the price is stated
separately in the contract):
(A) The due date for making such payments shall be
either the 30th day after receipt by the designated
billing office of a proper invoice from the Contractor, or
the 30th day after Government acceptance of the work or
services completed by the Contractor, whichever is later.
01 SEP 89 46 CONST-INSIDE THE U.S.
However, if the designated billing office fails to
annotate the invoice with the date of actual receipt, the
invoice payment due date shall be deemed to be the 30th
day after the date the Contractor's invoice ~is dated,
provided a proper invoice is received and there is no
disagreement over quantity, quality, or Contractor
compliance With contract requirements.
(B) On a final invoice where the payment amount is
subject to contract settlement actions (e.g., release of
claims), acceptance shall he deemed to have'occurred on
the date of the contract settlement.
(2) An invoice is the Contractor's bill or written request
for payment under the contract for work or services performed
under the contract. An invoice shall be prepared and submitted
to the designated billing office. A proper invoice must include
the items listed in subdivisions (a)(2)(i) through (a)(2)(ix) or
this clause. If the invoice does not comply with these
requirements, the Contractor will be notified of the defect
within 7 days after receipt of the invoice at the designated
billing office. Untimely notification of any interest penalty
owed the Contractor in the manner described in subparagraph
(a) (4) of this clause:
(i) Name and address of the Contractor.
(ii) Invoice date.
(iii) Contract number or other authorization for work or
services performed (including order number and contract line
item
(iv) Description of work or services performed.
(v) Delivery and payment terms (e.g., prompt payment
discount terms).
(vi) Name and address of Contractor official to whom
payment is to be sent (must be the same as that in the
contract or in a proper notice of assignment).
(vii) Name (where practicable), title, phone number, and
mailing address of person to be notified in event of a
defective invoice.
(viii} For payments described in subdivision (a) (1)(i) of
this clause, substantiation of the amounts requested and
certification in accordance with the requirements of the
clause at 52.232-5, Payments Under Fixed-Price Construction
Contracts.
(ix) Any other information or docLunentation required by
the contract.
(3) An interest penalty shall be paid automatically by the
designated payment office, without request from the Contractor,
if payment is not made by the due date and the conditions listed
in subdivisions (a)(3)(i) through (a)(3)(iii) of this clause are
met, if applicable. An interest penalty shall not be paid on
contracts awarded to foreign vendors outside the United States
for work performed outside the United States.
(i) A proper invoice was received by the designated
billing office.
(ii) A receiving report or other Government documentation
authorizing payment was processed and there was no
disagreement over quantity, quality, Contractor compliance
with any contract term or condition, or requested progress
payment amount.
01 SEP 89 47 CONST-INSIDE THE U.S.
(ii/) In the case of a final invoice for any balance of
funds due the Contractor for work or services performed, the
amount was not subject to further contract settlement actions
between the Government and Contractor. - .
(4) The interest penalty shall be at the rate established by
the Secretary of the Treasury under section 12 of the Contract
Disputes Act of 1978 (41 U.S.C.611) that is in effect on the day
after the due date, except where the interest penalty is
prescribed by other governmental authority. This rate is
referred to as the "Renegotiation Board Interest Rate," and it
is published in the Federal Register semiannually on or about
January 1 and July 1. The interest penalty shall accrue daily
on the invoice payment amount approved by the Government and be
compounded in 30-day increments inclusive from the first day
after the due date through the payment date. That is, interest
accrued at the end of any 30-day period will be added to the
approved invoice payment amount and be subject to interest
penalties if not paid in the succeeding 30-day period. If the
designated billing office failed to notify the Contractor of a
defective invoice within the periods prescribed in subparagraph
(a) (2) of this clause, then the due date on the corrected
invoice will be adjusted by subtracting the number of days taken
beyond the prescribed notification of defects period. Any
interest penalty owed the Contractor will be based on this
adjusted due date. Adjustments will be made by the designated
payment office for errors in calculating interest penalties, if
requested by the Contractor.
(i) For the sole purpose of computing an interest penalty
'that might be due the Contractor for payments described in
subdivision (a)(1) (ii) of this clause, Government acceptance
or approval shall be deemed to have occurred constructively
on the 7th day after the Contractor has completed the work or
services in accordance with the terms and conditions of the
contract. In the event that actual acceptance or approval
occurs within the constructive acceptance or approval period,
the determination of an interest penalty shall be based on
the actual date of acceptance or approval. Constr~ctive
acceptance or constructive approval requirements do not apply
if there is a disagreement over quantity, quality, or
Contractor compliance with a contract provision. These
requirements also do not compel Government officials to
accept work or services, approve Contractor estimates,
perform contract administration functions, or make payment
prior to fulfilling their responsibilities.
(ii) The following periods of time will not be included in
the determination of an interest penalty:
(A) The period taken to notify the Contractor of
defects in invoices submitted to the Government, but this
may not exceed 7 days.
(B) The period between the defects notice and
resubmission of the corrected invoice by the Contractor.
(iii) Interest penalties will not continue to accrue after
the filing of a claim for such penalties under the clause at
52.233-1, Disputes, or for more than 1 year. Interest
penalties of less than $1.00 need not be paid.
01 SEP 89 48 CONST-INSIDE THE U.S.
(iv) Interest penalties are not required on payment delays
due to disagreement between the Government and Contractor
over the payment amount or other issues involving contract
compliance, or on amounts temporarily withheld or retained in
accordance with the terms of the contract. Claims involving
disputes, and cany interest that may be payable, will be
resolved in accordance with the clause at 52.233-1, Disputes.
(5) A~ interest penalty shall also be paid automatically by
the designated payment office, without request from the
Contractor, if a discount for prompt payment is taken
improperly. The interest penalty will be calculated on the
amount of discount taken for the period beginning with the first
day after the end of the discount period through the date when
the Contractor is paid.
(6) If this contract was awarded on or after October 1, 1989,
a penalty amount, calculated in accordance with regulations
issued by the Office of Management and Budget, shall be paid in
addition to the interest penalty amount if the Contractor- (i) Is owed an interest penalty;
(ii) Is not paid the interest penalty within 10 days after
the date the invoice amount is paid; and
(iii) Makes a written demand, not later than 40 days after
the date the invoice amount is paid, that the agency pay such
a penalty.
(b) Contract Financing Payments.
(1) For purposes of this clause, if applicable,"contract
financing payment" means a Government disbursement of monies to
a Contractor under a contract clause or other authorization
prior to acceptance of supplies or services by the Government,
other than progress payments based on estimates of amount and
value of work performed. Contract financing payments include
advance payments and interim payments under cost-type contracts.
(2) If this contract provides for contract financing,
requests for payment shall be submitted to the designated
billing office as specified in this contract or as directed by
the Contracting Officer. Contract financing payments shall be
made on the (insert day as prescribed by Agency head; if not
prescribed, insert 30th day) day after receipt of a proper
contract financing request by the designated billing office. In
the event that an audit or other review of a specific financing
request is rec~/ired to ensure compliance with the terms and
conditions of the contract, the designated payment office is not
compelled to make
advance payments,
involve recurrent
payment shall be
contract terms or
Contract financing
payment by the due date specified. For
loans or other arrangements that do not
submissions of contract financing requests,
made in accordance with the corresponding
as directed by the Con~-racting Officer.
payments shall not be assessed an interest
penalty for payment delays.
(c) The Contractor shall include in each subcontract for
property or services (including a ~aterial supplier) for the
purpose of performing this contract the following:
(1) A payment clause which obligates the Contractor to pay
the subcontractor for satisfactory perfor~ance under its
subcontract not later than 7 days from receipt of payment out
such amounts as are paid to the Contractor under this contract.
01 SEP 89 49 CONST-INSIDE THE U.S.
(2) An interest penalty clause which obligates the Contractor
to pay to the subcontractor an interest penalty for each payment
not made in accordance with the payment
(i) For the period beginning on the day after the required
payment date and ending on the date on which payment of the
amount due is made; and.
(ii) Computed at the rate of interest established by the
Secretary of the Treasury, and published in the Federal
Register, for interest payments under section 12 of the
Contract Disputes Act of 1978 (41 U.S.C.611) in effect at the
time the Contractor accrues the obligation to pay an interest
penalty.
(3) A clause requiring each subcontractor to include a
payment clause and an interest penalty clause conforming to the
standards set forth in subparagraphs (c) (1) and (c) (2) of this
clause in each of its subcontracts, and to require each of its
subcontractors to include such clauses in their subcontracts
with each lower-tier subcontractor or supplier.
(d) The clauses required by paragraph (c) of this clause shall
not be construed to impair the right of Contractor or a
subcontractor at any tier to negotiate, and to include in their
subcontract, provisions
(1) Permit the Contractor or a subcontractor to retain
(without cause) a specified percentage of each progress payment
otherwise due to a subcontractor for satisfactory perfo~ance
under the subcontract without incurring any obligation to pay a
late payment interest penalty, in accordance with terms and
conditions agreed to by the parties to the subcontract, giving
such recognition as the parties deem appropriate to the ability
of a subcontractor to furnish a performance bond and a payment
bond;
(2) Permit the Contractor or subcontractor to make a
determination that part or all of the subcontractor's request
for payment may be withheld in accordance with the subcontract
agreement; and
(3) Permit such withholding without incurring any obligation
to pay a late payment penalty if-
(i) A notice conforming to the standards of paragraph (g)
of this clause has been previously furnished to the
subcontractor; and
(ii) A copy of any notice issued by the Contractor
pursuant to subdivision (d)(3)(i) of this clause has been
furnished to the Contracting officer.
(e) If a Contractor, after making a rec,/est for payment to the
Government but before making a payment to subcontractor for the
subcontractor's performance covered by the payment request,
discovers that all or a portion of the payment otherwise due such
subcontractor is subject to withholding from the subcontractor in
accordance with the subcontract agreement, then the Contractor
(1) Furnish to the subcontractor a notice conforming to the
standards of paragraph (g) of this clause as soon as practicable
upon ascertaining the cause giving rise to a withholding, but
prior to the due date for subcontractor payment;
(2) Furnish to the Contracting Officer, as soon as
practicable, a copy of the notice furnished to the subcontractor
pursuant to subparagraph (e)(1) of this clause;
01 SEP 89 50 CONST-INSIDE THE U.S.
(3) Reduce the subcontractor's progress payment by an amo.u~t
not to exceed the amount specified in the notice of withholding
furnished under subparagraph (e)(q) of this clause;
(4) Pay the subcontractor as soon as practicable~after the
correction of the identified subcontract performance deficiency,
(i) Make such payment within-
(A) Seven days after correction of the identified
subcontract performance deficiency (unless the funds
therefor must be recovered from the Government because
of a reduction under subdivision (e)(5)(i) of this
clause; or
(B) Seven days after the Contractor recovers such
funds form the Government; or
(ii) Incur an obligation to pay a late payment interest
penalty computed at the rate of interest established by the
Secretary of the Treasury, and published in the Federal
Register, for interest payments under section 12 of the
Contracts Disputes Act of 1978 (41 U.S.C.611) in effect at
the time the Contractor accrues the obligation to pay an
interest penalty;
(5) Notify the Contracting Officer upon -
(i) Reduction of the amount of any subsequent certified
application for payment; or
(ii) Payment to the subcontractor of any withheld amounts
of a progress payment,
(A) The amounts withheld under subparagraph (e)(1) of
this clause; and
(B) The dates that such withholding began and ended;
and
(6) Be obligated to pay the Government an amount equal to
interest on the withheld payments (comPuted in the manner
provided in 31 U.S.C. 3903(c)(1)), from the 8th day after
receipt of the withheld amounts from the Government
(i) The day the identified subcontractor performance
deficiency is corrected; or
(ii) The date that any subsequent payment is reduced under
subdivision (e)(5)(i) of this clause.
(f) (1) If a Contractor, after making payment to a first tier
subcontractor, receives from a supplier or subcontractor of the
first-tier subcontractor (hereafter referred to as a "second-tier
subcontractor") a written notice in accordance with section 2 of
the Act of August 24, 1935 (40 U.S.C.270b, Miller Act), asserting a
deficiency in such first-tier subcontrsctor's performance under the
contract for which the Contractor may be ultimately liable, and the
Contractor determines that all or a portion of future payments
otherwise due such first-tier subcontractor is subject to
withholding in accordance with the subcontract agreement, then the
Contractor may, without incurring an obligation to pay an interest
penalty under subparagraph (e)(6) of this clause-
(i) Fur~ish to the first-tier subcontractor a notice
conforming to the standards of paragraph (g) of this clause
as soon as practicable upon making such determination; and
(ii) Withhold from the first-tier subcontractor's next
available progress payment or payments an amount not to
exceed the amount specified in the notice of withholding
furnished under subdivision (f)(1)(i) of this clause.
01 SEP 89 51 CONST-INSIDE THE U.S.
(2) As soon as practicable, but not later than ? days after
receipt of satisfactory written notification that the identified
subcontract performance deficiency has been corrected, the
Contractor shall pay the amount withheld under subdivision
(f) (1) (ii) of this clause to such first-tier subcontractor, or
shall incur an obligation to pay a late payment interest penalty
to such first-tier subcontractor computed at the rate of
interest established by the Secretary of the Treasury, and
published in the Federal Register, for interest payments under
section 12 of the Contracts Disputes Act of 1978 (41 U.S.C.611)
in effect at the time the Contractor accrues the obligation to
pay an interest penalty.
(g) A written notice of any withholding shall be issued to a
subcontractor (with a copy to the Contracting Officer of any such
notice issued by the Contractor),
(1) The amount to be withheld;
(2) The specific causes for the withholding under the terms
of the subcontract; and
(3) The remedial actions to be taken by the subcontractor in
order to receive payment of the amounts withheld.
(h) The Contractor may not request payment from the Government
of any amount withheld or retained in accordance with paragraph (d)
of this clause until such time as the Contractor has determined and
certified to the Contracting Officer that the subcontractor is
entitled to the payment of such amount.
(i) A dispute between the Contractor and subcontractor
relating to the amount or entitlement of a subcontractor to a
payment or a late payment interest penalty under a clause
included in the subcontract pursuant to paragraph (c) of this
clause does not constitute a dispute to which the United States
is a party. The United States may not be interpleaded in any
judicial or administrative proceeding involving such a dispute.
(j) Except as provided in paragraph (i) of this clause, this
clause shall not limit or impair any contractual, administrative,
or judicial remedies otherwise available to the Contractor or a
subcontractor in the event of a dispute involving late payment or
nonpayment by the Contractor or deficient subcontract performance
or nonperformance by a subcontractor.
(k) The Contractor's obligation to pay an interest penalty to
subcontractor pursuant to the clauses included in a subcontract
under paragraph (c) of this clause shall not be construed to be an
obligation of the United States for such interest penalty. A cost
reimbursement claim may not include any amount for reimbursement of
such interest penalty.#
01 SEP 89 52 CONST-IN$IDE THE U.S.
58. jAR 52.233-1 DISPUTES (APR 1984)
(a) This contract is subject to the Contract Disputes Act of
1978 (41 U.S.C. 601-613)(the Act).
(b) Except as provided in the Act, all disputes arising under or
relating to this contract shall be resolved under this clause.
(c) "Claim," as used in this clause, means a written demand or
written assertion by 'one of the contracting parties 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. A claim arising under a contract, unlike a
claim relating to that contract, is a claim that can be resolved under
a contract clause that provides for the relief sought by the claimant.
However, a written demand or written assertion by the Contractor
seeking the payment of money exceeding $50,000 is not a claim under
the Act until certified as req~/ired by subparagraph (d)(2) below. A
voucher, invoice, or other routine request for payment that is not in
dispute when submitted is not a claim under the Act. The submission
may be converted to a claim under the Act, by complying with the
submission and certification requirements of this clause, if it is
disputed either as to liability or amount or is not acted upon in a
reasonable time.
(d) (1) A claim by the Contractor shall be made in writing and
submitted to the Contracting Officer for a written decision. A claim
by the Government against the Contractor shall be subject to a written
decision by the Contracting officer.
(2) For Contractor claims exceeding $50,000, the Contractor
shall submit with the claim a certification that--
(i) The claim is made in good faith;
(ii) Supporting data are accurate and complete to
the best of the Contractor's knowledge and
belief; and
(iii) The amount requested accurately reflects the
contract adjustment for which the Contractor
believes the Government is liable.
(3) (i) If the Contractor is an individual, the
certification shall be executed by that
individual.
(ii) If the Contractor is not an individual, the
certification shall be executed by--
(A) A senior company official in charge at
the Contractor's plant or location
involved; or
(B) An officer or general partner of the
Contractor having overall respon-
sibility for the conduct of the
Contractor's affairs.
(e) For Contractor claims of $50,000 or less, the Contracting
Officer must, if requested in writing by the Contractor, render a
decision within 60 days of the request. For Contractor-certified
claims over $50,000, the Contracting Officer must, within 60 days,
decide the claim or notify the Contractor of the date by which the
decision will be made.
(f) The COntracting Officer's decision shall be final unless the
Contractor appeals or files a suit as provided in the Act.
(g) The Government shall pay interest on the amount found due
and unpaid from (1) the date the Contracting Officer receives the
claim (properly certified if required), or (2) the date payment
otherwise would be due, if that date is later, until the date of
payment. Simple interest on claims shall be paid at the rate, fixed
01 SEP 89 53 CONST-IN$IDE THE U.S.
by the Secretary of the Treasu.r~ as provided in the Act, which is
applicable to the period during which the Contracting Officer receives
the claim and then at the rate applicable for each 6-month period as
fixed by the Treasury Secretary during the pendency of the ~laim.
(h) The Contractor shall proceed diligently with performance of
this contract, pending ~. final resolution of any request for relief,
claim, appeal, or action arising under the contract, and comply with
any decision of the Contracting Officer.#
59. FAR 52.233-3 PROTEST AFTER AWARD (AUG 1989)
(a) Upon receipt of a notice of protest (as defined in 33.101 of
the FAR) the Contracting Officer may, by written order to the
Contractor, direct the Contractor to stop performance of the work
called for by this contract. The order shall be specifically
identified as a stop-work order issued under this clause. Upon
receipt of the order, the Contractor shall immediately comply with its
terms and take all reasonable steps to minimize the incurrence cf
costs allocable to the work covered by the order during the period of
work stoppage. Upon receipt of the final decision in the protest, the
Contracting Officer shall either--
(1) Cancel the stop-work order; or
(2) Terminate the work covered by the order as provided
the Default, or the Termination for Convenience of the Government,
clause of. this contract.
(b) If a stop-work order issued under this clause is canceled
either before or after a final decision in the protest, the Contractor
shall resume work. The Contracting Officer shall make an equitable
adjustment in the delivery schedule or contract price, or both, and
the contract shall be modified, in writing, accordingly, if--
(1) The stop-work order results in an increase in the time
required for, or in the Contractor's cost properly allocable to, the
performance of any part of this contract; and
(2) The Contractor asserts its right to an adjustment within
30 days after the end of the period of work stoppage: provided, that
if the Contracting Officer decides the facts justify the action, the
Contracting Officer may receive and act upon a proposal at any time
before final payment under this contract.
(c) If a stop-work order is not canceled and the work covered by
the order is terminated for the convenience of the Government, the
Contracting officer shall allow reasonable costs resulting from the
stop-work order in arriving at the termination settlement.
(d) If a stop-work order is not canceled and the work covered by
the order is terminated for default, the Contracting Officer shall
allow, by equitable adjustment or otherwise, reasonable costs
resulting from the stop-work order.
(e) The Government's rights to terminate this contract at any
time are not affected by action taken under this clause.#
01 SEP 89 54 CONST-IN$ID£ THE U.S.
60. DFAR~ 52.233-7000 CERTIFZCATION OF REQUEflT8 FOR ~USTHENT OR
RELIEF EXCEEDING $100,000 (FEB 1980).
(The following clause is applicable if this contract is expected
to exceed $100,000 and the procu~usnt inst~uaent identification
n,lm~er is prefixed by the letters
(a) Any contract claim, request for equitable adjustment to
contract terms, request'for relief under Public Law 85-804, or other
similar request exceeding $100,000 shall bear, at the time of
submission, the following certification given by a senior company
official in charge at the plant or location involved:
I certify that the claim is made in
good faith, that the supporting data
are accurate and complete to the best
of my knowledge and belief; and that
the amount requested accurately
reflects the contract adjustment for
which the Contractor believes the
Government is liable.
(Official's Name)
(Title)
(b) The certification in paragraph (a) requires full disclosure
of all relevant facts, including cost and pricing data.
(c) The certification requirement in paragraph (a) does not
apply to:
(1) requests for routine contract payments; for example,
those for payment for accepted supplies and services, routine vouchers
under cost-reimbursement type contracts, and progress payment
invoices; and
(2) final adjustments under incentive provisions of
contracts.
(d) In those situations where no claim certification for the
purposes of Section 813 has been submitted prior to the inception of a
contract dispute, a single certification, using the language
prescribed by the Contract Disputes Act but signed by a senior company
official in charge at the plant or location involved, will be deemed
to comply with both statutes.#
61. FAR 52.236-2 DZFFER/MG BITE CO~DXTXONB (APR 1984)
(a) The Contractor shall promptly, and before the conditions are
disturbed, give a written notice to the Contracting Officer of (1)
subsurface or latent physical conditions at the site which differ
materially from those indicated in this contract, or (2) unknown
physical conditions at the site, of an unusual nature, which differ
materially from those ordinarily encountered and generally recognized
as inherent in work of the character provided for in the contract.
(b) The Contracting Officer shall investigate the site
conditions promptly after receiving the notice. If the conditions do
materially so differ and cause an increase or decrease in the
Contractor's cost of, or the time required for, performing any part of
01 SEP 89 55 CONST-INSIDE THE U.S.
t~e work un~er this contract, whether or not changed as a result of
'the conditions, an equitable adjustment shall be made under this
clause and the contract modified in writing accordingly.
(c) No request by the Contractor for an equitable adjustment to
the contract under this clause shall be allowed, unless the Contractor
has given the written notice required; provided, that the time
prescribed in (a) above for giving written notice may be extended by
the Contracting Officer.
(d) No request by the Contractor for an equitable adjustment to
the contract for differing site conditions shall be allowed if made
after final payment under this contract.#
62. FAR 52.236-3 SITE IN¥=STIGATION AND CONDITIONS AFFECTING TKZ
WORK (APR 1984}
(a) The Contractor acknowledges that it has taken steps
reasonably necessary to ascertain the nature and location of the work,
and that it has investigated and satisfied itself as to the general
and local conditions which can affect the work or its cost, includi~g
but not limited to (1) conditions bearing upon transportation,
disposal, handling, and storage of materials; (2) the availability of
labor, water, electric power, and roads; (3) uncertainties ~f
weather, river stages, tides, or similar physical conditions at the
site; (4) the conformation and conditions of the ground; and (5) the
character of equipment and facilities needed preliminary to and during
work performance. The Contractor also acknowledges that i~ has
satisfied itself as to the character, quality, and quantity of surface
and subsurface materials or obstacles to be encountered insofar as
this information is reasonably ascertainable from an inspection of the
site, indluding all exploratory work done by the Government, as well
as from the drawings and specifications made a part of this contract.
Any failure of the Contractor to take the actions described and
acknowledged in this paragraph will not relieve the Contractor from
responsibility for estimating properly the difficulty and cost of
successfully performing the work, or for proceeding to successfully
perform the work without additional expense to the Government.
(b) The Government assumes no responsibility for any conclusions
or interpretations made by the Contractor based on the information
made available by the Government. Nor does the Government assume
responsibility for any understanding reached or representation made
concerning conditions which can affect the work by any of its officers
or agents before the execution of this contract, unless that
understanding or representation is expressly stated in this contract.~
63. FAR 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)
(a) Ail equipment, material, and articles incorporated into the
work covered by this contract shall be new and of the most suitable
grade for the purpose intended, unless otherwise specifically provided
in this contract. References in the specifications to equipment,
material, articles, or patented processes by trade name, make, or
catalog number, shall be regarded as establishing a standard of
quality and shall not be construed as limiting competition. The
Contractor may, at its option, use any equipment, material, article,
or process that, in the judgment of the Contracting Officer, is equal
to that named in the specifications, unless otherwise specifically
provided in this contract.
01 SEP 89 56 CONST-INSIDE THE U.S.
(b) The Contractor shall obtain the Contracting Officer's
approval of the machinery and mechanical and other equipment, to be
incorporated into the work. When requesting approval, the ~Contractor
shall furnish to the Contracting Officer the name of he manufacturer,
the model number, and other information concerning the performance,
capacity, nature, and rating of the machinery and mechanical and other
equipment. When required by this contract or by the Contracting
officer, the Contractor shall also obtain the Contracting Officer's
approval of the material or articles which the Contractor contemplates
incorporating into the work. When requesting approval, the Contractor
shall provide full information concerning the material or articles.
When directed to do so, the Contractor shall submit samples for
approval at the Contractor's expense, with all shipping charges
prepaid. Machinery, equipment, material, and articles that do not
have the required approval shall be installed or used at the risk of
subsequent rejection.
(c) All work under this contract shall be perfo~-med in a
skillful and workmanlike manner. The Contracting Officer may require,
in writing, that the Contractor remove from the work any employee the
Contracting Officer deems incompetent, careless, or otherwise
objectionable.#
64. FAR 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)
At all times during performance of this contract and until the
work is completed and accepted, the Contractor shall directly
superintend the work or assign and have on the work a competent
superintendent who is satisfactory to the Contracting Officer and has
authority'to act for the Contractor.#
65. FAR 52.236-7 PERMITS ~ND RESPONSIBILITIES (APR 1984)
The Contractor shall, without additional expense to the
Government, be responsible for obtaining any necessary licenses and
permits, and for complying with any Federal, State, and municipal
laws, codes, and regulations applicable to the performance of the
work. The Contractor shall also be responsible for all damages to
persons or property that occur as a result of the Contractor's fault
or negligence, and shall take proper safety and health precautions to
protect the work, the workers, the public, and the property of others.
The Contractor shall also be responsible for all materials delivered
and work performed until completion and acceptance of the entire work,
except for any completed unit of work which may have been accepted
under the contract.#
66. FAR 52.236-8 OTHER CONTRACTS (APR 1984)
The Government may undertake or award other contracts for
additional work at or near the site of the work under this contract.
The Contractor shall fully cooperate with the other contractors and
with Government employees and shall carefully adapt scheduling and
performing the work under this contract to accommodate the additional
work, heeding any direction that may be provided by the Contracting
Officer. The Contractor shall not commit or permit any action that
will interfere with the performance of work by any other contractor or
by Government employees.~
01 SEP 89 57 CONST-INSIDE THE U.S.
~7. FAR 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURe8,
EQUIP~NT, UTILITIES, AND XMPROFEKENTS (APR 1984)
(a) The Contractor shall preserve and protect all s~ructures,
equipment, and vegetation (such as trees, shrubs, and grass) om or
adjacent to the work site, which are not to be removed and which do
not unreasonably interfere with the work required under this contract.
The Contractor shall only remove trees when specifically authorized to
do so, and shall avoid damaging vegetation that will remain in place.
If any limbs or branches of trees are broken during contract
performance, or by the careless operation of equipment, or by worsen,
the Contractor shall trim those li~bs or branches with a clean cut and
paint the cut with a tree-pruning compound as directed by the
Contracting Officer.
(b) The Contractor shall protect from damage all ex]stin7
improvements and utilities (t) at or near the work site and (2> cn
adjacent property of a third party, the locations of which are made
kno~rn to or should be known by the Contractor. The Contractor shall
repair any damage to those facilities, including those that are the
property of a third party, resulting from failure to comply with the
requirements of this contract or failure to exercise reasonable care
in performing the work. If the Contractor fails or refuses to repair
the damage promptly, the Contracting Officer may have the necessary
work performed and charge the cost to the Contractor.#
68. F;tR 52.236-10 OPERATIONS ~ BTORAGE AREAB (APR 1984)
(a) The Contractor shall confine all operations (including
storage of materials) on Government premises to areas authorized or
approved .by the Contracting Officer. The Contractor shall hold and
save the Government, its officers and agents, free and harmless from
liability of any nature occasioned by the Contractor's performance.
(b) Temporary buildings (e.g., storage sheds, shops, offices)
and utilities may be erected by the Contractor only with the approval
of the Contracting officer and shall be built with labor and materials
furnished by the Contractor without expense to the Government. The
temporary buildings and utilities shall remain the property of the
Contractor and shall be removed by the Contractor at its expense upon
completion of the work. With the written consent of the Contracting
Officer, the buildings and utilities may be abandoned and need not be
removed.
(c) The Contractor shall, under regulations prescribed by the
Contracting officer, use only established roadways, or use temporary
roadways constructed by the Contractor when and as authorized by the
Contracting Officer. When materials are transported in prosecuting
the work, vehicles shall not be loaded beyond the loading capacity
recommended by the manufacturer of the vehicle or prescribed by any
Federal, State, or local law or regulation. When it is necessary to
cross curbs or sidewalks, the Contractor shall protect them from
damage. The Contractor shall repair or pay for the repair of any
damaged curbs, sidewalks, or roads.~
69. FAR 52.236-11 USE AND POSSESSION PRIOR TO COHPLETION (APR
1984)
(a) The Government shall have the right to take possession of or
use any completed or partially completed part of the work. Before
taking possession of or using any work, the Contracting Officer shall
furnish the Contractor a list of items of work remaining to be
performed or corrected on those portions of the work that the
Government intends to take possession of or use. However, failure of
the Contracting Officer to list any item of work shall not relieve the
01 SEP 89 58 CONST-INSIDE T~E U.S.
contractor of responsibility for complying with the terms of the
contract. The Government's possession Or use shall not be deemed an
acceptance of any work under the contract.
(b) While the Government has such possession or use, the
Contractor shall be relieved of the responsibility for the loss of or
damage to the work resulting from the Government's possession or use,
notwithstanding the terms of the clause in this contract entitled
"Permits and Responsibilities." If prior possession or use by the
Government delays the progress of the work or causes additional
expense to the Contractor, an equitable adjustment shall be made in
the contract price or the time of completion, and the contract shall
be modified in writing accordingly.#
70. FAR 52.236-12 CLEANING UP (APR 1984)
The Contractor shall at all times keep the work area, including
storage areas, free from accumulations of waste materials. Before
completing the work, the Contractor shall remove from the work and
premises any rubbish, tools, scaffolding, equipment, and materials
that are not the property of the Government. Upon completing the
work, the Contractor shall leave the work area in a clean, neat, and
orderly condition satisfactory to the Contracting Officer.#
71. FAR 52.236-13 ACCIDENT PREVENTION (APR 1984)--ALTERNATE I--
(APR 1984)
(a) In performing this contract, the Contractor shall provide
for protecting the lives and health of employees and other persons;
preventing damage to property, materials, supplies, and equipment;
and avoiding work interruptions. For these purposes, the Contractor
shall--
(1) Provide appropriate safety barricades, signs, and signal
lights;
(2) Comply with the standards issued by the Secretary of
Labor at 29 CFR Part 1926 and 29 CFR Part 1910; and
(3) Ensure that any additional measures the Contracting
Officer determines to be reasonably necessary for this purpose are
taken.
(b) If this contract is with any Department of Defense agency or
component, the Contractor shall comply with all pertinent provisions
of the U.S. Army corps of Engineers Safety and Health Requirements
Manual, EM 385-1-1, dated April 1984.
(c) The contractor shall maintain an accurate record of exposure
data on all accidents incident to work performed under this contract
resulting in death, traumatic injury, occupational disease, or damage
to property, materials, supplies, or eq~ipment. The Contractor shall
report this data in the manner prescribed by the Contracting Officer.
(d) The Contracting Officer shall notify the Contractor of any
noncompliance with these requirements and of the corrective action
required. This notice, when delivered to the contractor or the
Contractor's representative at the site of the work, shall be deemed
sufficient notice of the noncompliance and corrective action required.
After receiving the notice, the Contractor shall immediately take
corrective action. If the Contractor fails or refuses to take
corrective action promptly, the Contracting officer may issue an order
stopping all or part of the work until satisfactory corrective action
has been taken. The Contractor shall not base any claim or request
for equitable adjustment for additional time or money on any stop
order issued under these circumstances.
01 SEP 89 59 CONST-INSIDE THE U.S.
(e) The Contractor shall be responsible for its subcontractors'
compliance with this clause.
(f) Before commencing the work, the Contractor shall--
(1) Submit a written proposal for implementing this clause;
and
(2) Meet with representatives of the Contracting Officer to
discuss and develop a mutual understanding relative to ac%ministration
of the overall safety program.#
72. FAR 52.236-15 SCHEDULE FOR CONBTRUCTION CONTRACTS (APR 1984)
(a) The Contractor shall, within five days after the work
commences on the contract or another period of time deterl~ined by the
Contracting Officer, prepare and submit to the Contracting Officer for
approval three copies of a practicable schedule showing the order in
which the Contractor proposes to perform the work, and the dates on
which the Contractor contemplates starting and completing the several
salient features of the work (including acquiring materials, plant,
and equipment). The schedule shall be in the form of a progress chart
of suitable scale to indicate appropriately the percentage of work
scheduled for completion by any given date during the period. If the
Contractor fails to submit a schedule within the time prescribed, the
Contracting officer may withhold approval of progress payments until
the Contractor submits the required schedule.
(b) The Contractor shall enter the actual progress on the chart
as directed by the Contractin~ Officer, and upon doing so shall
immediately deliver three copies of the annotated schedule tc the
Contracting Officer. If, in the opinion of the Contracting Officer,
the Contractor falls behind the approved schedule, the Contractor
shall take steps necessary to improve its progress, including those
that may be required by the Contracting Officer, without additional
cost to the Government. In this circumstance, the Contracting Officer
may require the Contractor to increase the number of shifts, overtime
operations, days of work, and/or the amount of construction plant, and
to submit for approval any supplementary schedule or schedules in
chart form as the Contracting Officer deems necessary to' demonstrate
how the approved rate of progress will be regained.
(c) Failure of the Contractor to comply with the requirements of
the Contracting Officer under this clause shall be grounds for a
determination by the Contracting Officer that the Contractor is not
prosecuting the work with sufficient diligence to ensure completion
within the time specified in the contract. Upon making this
determination, the Contracting Officer may terminate the Contractor's
right to proceed with the work, or any separable part of it, in
accordance with the default terms of this contract.#
73. FAR 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION
(APR 19S4)
(a) The Contractor shall keep on the work site a copy of the
drawings and specifications and shall at all times give the
Contracting Officer access thereto. Anything mentioned in the
specifications and not shown on the drawings, or shown on the drawings
and not mentioned in the specifications, shall be of like effect as if
shown or mentioned in both. In case of difference between drawings
and specifications, the specifications shall govern. In case of
discrepancy' in the figures, in the drawings, or in the specifications,
the matter shall be promptly submitted to the Contracting Officer, who
shall promptly make a determination in writing. Any adjustment by the
Contractor without such a determination shall be at its own risk and
01 SEP 89 60 CONST-INSIDE THE U.S.
expense. The Contracting officer shall furnish from time to time such
detailed drawings and other information as considered necessary,
unless otherwise provided.
~ (b) Wherever in the specifications or upon the dra~ings the
words "directed", "required", "ordered", "designated", "prescribed",
or words of like import are used, it shall be understood that the
"direction", "requirement", "order", "designation", or "prescription",
of the Contracting Officer is intended and similarly the words
"approved", "acceptable", "satisfactory", or words of like import
shall mean "approved by", or "acceptable to", or "satisfactory to" the
Contracting officer, unless otherwise expressly stated.
(c) Where "as shown", "as indicated", "as detailed", or words of
similar import are used, it shall be understood that the reference is
made to the drawings accompanying this contract unless stated
otherwise. The word "provided" as used herein shall be understood to
mean "provide complete in place", that is "furnished and installed".
(d) Shop drawings means drawings, submitted to the Government by
the Contractor, subcontractor, any lower tier subcontractor pursuant
to a construction contract, showing in detail (1) the proposed
fabrication and assembly of structural elements and (2) the
installation (i.e., form, fit, and attachment details) of materials of
equipment. It includes drawings, diagrams, layouts, schematics,
descriptive literature, illustrations, schedules, performance and test
data, and similar materials furnished by the Contractor to explain in
detail specific portions of the work required by the contract. The
Government may duplicate, use, and disclose in any manner and for any
purpose shop drawings delivered under this contract.
(e) · If this contract requires shop drawings, the Contractor
shall coordinate all such drawings, and review them for accuracy,
completeness, and compliance with contract requirements and shall
indicate its approval thereon as evidence of such coordination and
review. Shop drawings submitted to the Contracting Officer without
evidence of the Contractor's approval may be returned for
resubmission. The Contracting Officer will indicate an approval or
disapproval of the shop drawings and if not approved as submitted
shall indicate the Government's reasons therefor. Any work done
before such approval shall be at the Contractor's risk. Approval by
the Contracting officer shall not relieve the Contractor from
responsibility for any errors or omissions in such drawings, nor from
responsibility for complying with the requirements of this contract,
except with respect to variations described and approved in accordance
with (f) below.
(f) If shop drawings show variations from the contract
requirements, the Contractor shall describe such variations in
writing, separate from the drawings, at the time of submission. If
the Contracting Officer approves any such variation, the Contracting
officer shall issue an appropriate contract modification, except that,
if the variation is minor or does not involve a change in price or in
time of performance, a modification need not be issued.
(g) The Contractor shall submit to the Contracting Officer for
approval four copies (unless otherwise indicated) of all shop drawings
as called for under the various headings of these specifications.
Three sets (unless otherwise indicated) of all shop drawings, will be
retained by the Contracting Officer and one set will be returned to
the Contractor.
(h) This clause shall be included in all subcontracts at any
tier.#
01 SEP 89 61 CONST-INSIDE THE U.S.
?4. DFAR~ 52.236-?000 COMPOSITION OF CONTRACTOR (JAN'1965}
If the Contractor hereunder is comprised of more than one legal
entity, each such entity shall be jointly and severally liable
hereunder.#
75.
The
contract
required
breakdow~
DFARB 52.236-7001 MODIFICATION OF PROPOSALS - PRICE BREAKDOWN
'(APR 1968)
Contractor, in connection with any proposal he makes for a
modification, shall furnish a price breakdown, itemized as
by the Contracting Officer. Unless otherwise directed, the
shall be in sufficient detail to permit an analysis of all
material, labor, equipment, subcontract, and overhead costs, as well
as profit, and shall cover all work involved in the modification,
whether such work was deleted, added or changed. Any amount claimed
for subcontracts shall be supported by a similar price breakdown. In
addition, if the proposal includes a time extension, a justification
therefor shall also be furnished. The proposal, together with the
price breakdown and time extension justification, shall be furnished
by the date specified by the Contracting Officer.#
76. DFARS 52.236-7004 CONTRACT PRICES - BIDDING SCHEDULES (APR
1968)
Payment for the various items listed in the Bidding Schedule
shall constitute full compensation for furnishing all plant, labor,
equipment, appliances, and materials, and for performing al!
operations required to complete the work in conformity with the
drawings and specifications. All costs for work not specifically
mentioned in the Bidding Schedule shall be included in the contract
prices for the items listed.#
77.
PROCUREMENT INTEGRITY (MAY 1989) FAR 52.237-9
(a) Definitions. The definitions in FAR 3.104-4 are hereby
incorporated in this clause.
(b) The Contractor shall establish a procurement ethics training
program for its employees serving as procurement officials. The
program shall, at a minimum-
(l) Provide for the distribution of written explanations of the
provisions of section 27 of the Office of Federal Procurement Policy
Act (41 U.S.C. 423) as implemented in the FAR to such employees; and
(2) Require each such employee, as a condition of serving as
a procurement official, to certify to the Contracting Officer
that he or she is familiar with the provisions of the Act, as
implemented in the FAR, and will not engage in any conduct
prohibited by subsections 27(a),(b),(c),or (e) of the Act, as
implemented in the FAR, and will report immediately to the
Contracting Officer any information concerning a violation or
possible violation of the prohibitions.
(c) Pursuant to FAR 3-104-9(d), a Contractor employee who is
serving as a procurement official may be requested to execute
additional certifications.
(d) If a Contractor employee serving as a procurement official
ceases performance of these duties during the conduct of such
procurement expected to result in a contract or contract
modification in excess of $100,000, such employee shall certify to
the Contracting Officer that he or she understands the continuing
obligation, during the conduct of the agency procurement, not to
disclose proprietary or source selection information related to
such agency procurement.#
01 SEP 89 62 CONST-INSIDE THE U.S.
78. FAR 52.243-4 CB:~qG~B (AUG 1987)
(a) The Contracting Officer may, at any time, without notice to
the sureties, if any, by written order designated or indicated'to be a
change order, make changes in the work within the general scope of the
contract, including changes--
(1) In the sppcifications (including drawings and designs);
(2) In the method or manner of performance of the work;
(3) In the Government-furnished facilities, equipment,
materials, services, or site; or
(4) Directing acceleration in the performance of the work.
(b) Any other written or oral order (which, as used in this
paragraph (b), includes direction, instruction, interpretation, or
determination) from the Contracting Officer that causes a change shall
be treated as a change order under this clause; provided, that the
Contractor gives the Contracting Officer written notice stating (1)
the date, circumstances, and source of the order and (2) that the
Contractor regards the order as a change order.
(c) Except as provided in this clause, no order, statement, or
conduct of the Contracting Officer shall be treated as a change under
this clause or entitle the Contractor to an equitable adjustment.
(d) If any change under this clause causes an increase or
decrease in the Contractor's cost of, or the time required for, the
performance of any part of the work under this contract, whether or
not changed by any such order, the Contracting Officer shall make an
equitable adjustment and modify the contract in writing. However,
except for an adjustment based on defective specifications, no
adjustment for any change under paragraph (b) of this clause shall be
made for .any costs incurred more than 20 days before the Contractor
gives written notice as required. In the case of defective
specifications for which the Government is responsible, the equitable
adjustment shall include any increased cost reasonably incurred by the
Contractor in attempting to comply with the defective specifications.
(e) The Contractor must assert its right to an adjustment under
this clause within 30 days after (1) receipt of a written change order
under paragraph (a) of this clause or (2) the furnishing of a written
notice under paragraph (b) of this clause, by submitting to the
Contracting Officer a written statement describing the general nature
and amount of the proposal, unless this period is extended by the
government. The statement of proposal for adjustment may be included
in the notice under paragraph (b) above.
(f) No proposal by the Contractor for an equitable adjustment
shall be allowed if asserted after final payment under this contract.~
79. DFAR~ 52.243-7001 PRICING OF ~*D~TUBTH.~B (~Plt 1984)
When costs are a factor in any determination of a contract price
adjustment pursuant to the Changes clause or any other clause of this
contract, such costs shall be in accordance with Part 31 of the
Federal Acquisition Regulation and the DoD FAR Supplement in effect on
the date of this contract. J
80. FAR 52.244-1 SUBCONTRACTS (FIXeD-PRICE CONTRACTS) (J~N 1986)
(The following clause is applicable if this contract is in
excess of $500,000.)
(a) This clause does not apply to firm-fixed-price contracts and
fixed-price contracts with economic price adjustment. However, it
does apply to subcontracts resulting from unpriced modifications to
such contracts.
01 SEP 89 63 CONST-INSIDE THE U.S.
(b) "Subcontract,".as used in this clause, includes but is not
limited to purchase orders, and changes and modifications to purchase
orders. The Contractor shall notify the Contracting Officer
reasonably in advance of entering into any subcontract if the
Contractor does not have an approved purchasing system and if the
subcontract--
(1) Is to be a cost-reimbursement, time-and-materials, or
labor-hour contract estimated to exceed $25,000 including any fee;
(2) Is proposed to exceed $100,000; or
(3) Is one of a number of subcontracts with a single
subcontractor, under this contract, for the same or related supplies
or services, that in the aggregate are expected to exceed $100,000.
(c) The advance notification required by paragraph (b) above
shall include--
(1) A description of the supplies or services to be
subcontracted;
(2) Identification of the type of subcontract to be used;
(3) Identification of the proposed subcontractor and an
explanation of why and how the proposed subcontractor was selected,
including the competition obtained;
(4) The proposed subcontract price and the Contractor,s cost
or price analysis;
(5) The subcontractor's current, complete, and accurate cost
or pricing data and Certificate of Current Cost or Pricing Data, if
required by other contract provisions;
(6) The subcontractor's Disclosure Statement or Certificate
relating to Cost Accounting Standards when such data are required by
other provisions of this contract; and
(7) A negotiation memorandum reflecting--
(i) The principal elements of the subcontract price
negotiations;
(ii) The most significant considerations controlling
establishment of initial or revised prices;
(iii) The reason cost or pricing data were or were
not required;
(iv) The extent, if any, to which the Contractor did
not rely on the subcontractor's cost or pricing
data in determining the price objective and in
negotiating the final price;
(v) The extent, if any, to which it was recognized
in the negotiation that the subcontractor's
cost or pricing data were not accurate,
complete, or current; the action taken by the
Contractor and subcontractor; and the effect
of any such defective data on the total price
negotiated;
(vi) The reasons for any significant difference
between the Contractor's price objective and
the price negotiated; and
(vii) A complete explanation of the incentive fee or
profit plan when incentives are used. The
explanation shall identify each critical
performance element, management decisions used
to quantify each incentive element, reasons for
the incentives, and a summary of all trade-off
possibilities considered.
01 SEP 89 64 CONST-INSIDE THE U.S.
(d) The Contractor shall obtain t~e Contracting 'Officer's
written consent before placing any subcontract for which advance
notification is required under paragraph (b) above. However, the
Contracting officer may ratify in writing any such subcontract.
Ratification shall constitute the consent of the Contracting Officer.
(e) Even if the Contractor's purchasing system has been
approved, the Contractor shall obtain the' Contracting Officer's
written consent before placing subcontracts that have been selected
for special surveillance and so identified in the Schedule of this
contract.
(f) Unless the consent or approval specifically provides
otherwise, neither consent by the Contracting officer to any
subcontract nor approval of the Contractor's purchasing system shall
constitute a determination (1) of the acceptability of any subcontract
terms or conditions, (2) of the acceptability of any subcontract price
or of any amount paid under any subcontract, or (3) to relieve the
Contractor of any responsibility for performing this contract.
(g) No subcontract placed under this contract shall provide for
payment on a cost-plus-a-percentage-of-cost basis, and any fee payable
under cost-reimbursement subcontracts shall not exceed the fee
limitations in subsection 15.903(d) of the Federal Acquisition
Regulation (FAR).
(h) The Government reserves the right to review the Contractor's
purchasing system as set forth in FAR Subpart 44.3.#
81.1 FAR 52.245-2 GOVERNMENT PROPERTY (FIXED-PRICE CONTRACTS)
(APR 1984)
(The following clause is applicable when Government Property
having an acquisition cost in exoess of $50,000 is furnished
to or acquired by the Contrsotor.)
(a) Government-furnished property.
(i) The Government shall deliver to the Contractor, for use
in connection with and under the terms of this contract, the
Government-furnished property described in the Schedule or
specifications together with any related data and information that the
Contractor may request and is reasonably required for the intended use
of the property (hereinafter referred to as -Government-furnished
property").
(2) The delivery or performance dates for this contract are
based upon the expectation that Government-furnished property suitable
for use (except for proper~y furnished "as-is") will be delivered to
the Contractor at the times stated in the Schedule or, if not so
stated, in sufficient time to enable the Contractor to meet the
contract's delivery or performance dates.
(3) If Government-furnished property is received by the
Contractor in a condition not suitable for the intended use, the
Contractor shall, upon receipt of it, notify the Contracting Officer,
detailing the facts, and, as directed by the Contracting Officer and
at Government expense, either repair, modify, return, or otherwise
dispose of the property. After completing the directed action and
upon written request of the Contractor, the Contracting officer shall
make an equitable adjustment as provided in paragraph (h) of this
clause.
(4) If Government-f~rnished property is not delivered to the
Contractor by the required time, the Contracting Officer shall, upon
the Contractor's timely written request, make a determination of the
delay, if any, caused the Contractor and shall make an equitable
adjustment in accordance with paragraph (h) of this clause.
01 SEP 89 65 CONST-INSIDE THE U.S
(4)
Contractor to
reimburse the
contract--
(b) Changes in oovernment-furntshe4 property..
(1) The Contracting Officer may, by written notice, (i)
decrease the Government-furnished property provided or to be provided
under this contract, or (ii) substitute other Government-furnished
property for the property to be provided by the Government, or to be
acquired by the Contractor for the Government, under this contract.
The Contractor shall promptly take such action as the Contracting
officer may direct regarding the removal, shipment, or disposal of the
property covered by such notice.
(2) Upon the Contractor's written request, the Contracting
officer shall make an equitable adjustment to the contract in
accordance with paragraph (h) of this clause, if the Government has
agreed in the Schedule to make the property available for performing
this contract and there is any--
(i) Decrease or substitution in this property
pursuant to subparagraph (b)(1) above; or
(ii) Withdrawal of authority to use this property,
if provided under any other contract or
lease.
(c) Title in Government property.
(1) The Government shall retain title to all
Government-furnished property.
(2) Ail Government-furnished property and all property
acquired by the Contractor, title to which vests in the Government
under this paragraph (collectively referred to as "Government
property"), are subject to the provisions of this clause. Title to
Government property shall not be affected by its incorporation into or
attachment to any property not owned by the Government, nor shall
Government property become a fixture or lose its identity as personal
property by being attached to any real property.
(3) Title to each item of facilities, special test
equipment, and special tooling (other than that subject to a special
tooling clause) acquired by the Contractor for the Government under
this contract shall pass to and vest in the Government when its use in
performing this contract commences or when the Government has paid for
it, whichever is earlier, whether or not title previously vested in
the Government.
If this contract contains s provision directing the
purchase material for which the Government will
Contractor as a direct item of cost under this
(i)
(ii)
Use of Government propsrty.
Title to material purchased from a vendor
shall pass to and vest in the Government upon
the vendor's delivery of such material; and
Title to all other material shall pass to and
vest in the Government upon--
(A) Issuance of the material for use in
contract performance;
(B) Commencement of processing of the
material or its use in contract
performance; or
(C) Reimbursement of the cost of the
material by the Government, whichever
occurs first.
The Government property shall
provided
(d)
be used only for performing this contract, unless otherwise
in this contract or approved by the Contracting Officer.
01 SEP 89 66 CONST-INSIDE THE U.S.
(e) Property a~ministration.
(1) The Contractor shall be responsible and accountable for
all Government property provided under this contract and shall comply
with Federal Acquisition Regulation (FAR) Subpart 45.5, as ~n effect
on the date of this contract.
(2) The Contractor shall establish and maintain a program
for the use, maintenance, repair, protection, and preservation of
Government property in accordance with sound industrial practice and
the applicable provisions of Subpart 45.5 of the FAR.
(3) If damage occurs to Government property, the risk of
which has been assumed by the Government under this contract, the
Government shall replace the items or the Contractor shall make such
repairs as the Government directs. However, if the Contractor cannot
effect such repairs within the time required, the Contractor shall
dispose of the property as directed by the Contracting.Officer. When
any property for which the Government is responsible is replaced or
repaired, the Contracting Officer shall make an equitable adjustment
in accordance with paragraph (h) of this clause.
(4) The Contractor represents that the contract price does
not include any amount for repairs or replacement for which the
Government is responsible. Repair or replacement of property for
which the Contractor is responsible shall be accomplished by the
Contractor at its own expense.
(f) Access. The Government and all its designees shall have
access at all reasonable times to the premises in which any Government
property is located for the purpose of inspecting the Government
property.
(g)' Risk of loss. Unless otherwise provided in this contract,
the Contractor assumes the risk of, and shall be responsible for, any
loss or destruction of, or damage to, Government property upon its
delivery to the Contractor or upon passage of title to the Government
under paragraph (c) of this clause. However, the Contractor is not
responsible for reasonable wear and tear to Government property or for
Government property properly consumed in performing this contract.
(h) Equitable adjustment. When this clause specifies an
equitable adjustment, it shall be made to any affected contract
provision in accordance with the procedures of the Changes clause.
When appropriate, the Contracting officer may initiate an equitable
adjustment in favor of the Government. The right to an equitable
adjustment shall be the Contractor's exclusive remedy. The Government
shall not be liable to suit for breach of contract for--
(1) Any delay in delivery of Government-furnished property;
(2) Delivery of Government-furnished property in a condition
not suitable for its intended use;
(3) A decrease in or substitution of Government-furnished
property; or
(4) Failure to repair or replace Government property for
which the Government is responsible.
(i) Fin&l accounting and disposition of Government property.
Upon completing this contract, or at such earlier dates as may be
fixed by the Contracting Officer, the Contractor shall submit, in a
form acceptable to the Contracting Officer, inventory schedules
covering all items of Government property (including any resulting
scrap) not consumed in performing this contract or delivered to the
Government. The Contractor shall prepare for shipment, deliver f.o.b.
origin, or dispose of the Government property as may be directed or
authorized by the Contracting officer. The net proceeds of any such
disposal shall be credited to the contract price or shall be paid to
the Government as the Contracting officer directs.
01 SEP 89 67 CONST-INSIDE THE U.S.
(j) Abandonment and restoration of Contractor's premises.
Unless otherwise provided herein, the Govezl%ment--
(1) May abandon any Government property in place, at which
time all obligations of the Government regarding such~ abandoned
property shall cease; and
(2) Has no obligation to restore or rehabilitate the
Contractor's premises under any circumstances (e.g., abandonment,
disposition upon completion of need, or upon contract completion).
However, if the Government-furnished property (listed in the Schedule
or specifications) is withdrawn or is unsuitable for the intended use,
or if other Government property is substituted, then the equitable
adjustment under paragraph (h) of this clause may properly include
restoration or rehabilitation costs.
(k) Communications. All communications under this clause shall
be in writing.
(1) Overseas contracts. If this contract is to be performed
outside the United States of America, its territories, or possessions,
the words "Government" and "Government-furnished" (wherever they
appear in this clause) shall be construed as "United States
Government" and "United States Government-furnished," respective!y.~
81.2 FAR 52.245-4 GOVERNMENT-FURNISHED PROPERTY (S~ORT FO~) (APR
1984)
(The following clause is applicable when Government Property
having an acquisition cost of $50,000 or less is furnished to or
acquired by the Contractor.)
(a) The Government shall deliver to the Contractor, at the time
and locations stated in this contract, the Government-furnished
property' described in the Schedule ~r 'specifications. If that
property, suitable for its intended use, is not delivered to the
Contractor, the Contracting Officer shall equitably adjust affected
provisions of this contract in accordance with the Changes clause
when--
(1) The Contractor submits a timely written request for an
equitable adjustment; and
(2) The facts warrant an equitable adjustment.
(b) Title to Government-furnished property shall remain in the
Government. The Contractor shall maintain adequate property control
records in accordance with sound industrial practice and will make
such records available for Government inspection at all reasonable
times, unless the clause at Federal Acquisition Regulation 52.245-1,
Property Records, is included in this contract.
(c) Upon delivery of Government-furnished property to the
Contractor, the Contractor assumes the risk and responsibility for its
loss or damage, except--
(1) For reasonable wear and tear;
(2) To the extent property is consumed in performing this
contract; or
(3) As otherwise provided for by the provisions of this
contract.
(d) Upon completing this contract, the Contractor shall follow
the instructions of the Contracting Officer regarding the disposition
of all Government-furnished property not consumed in performing this
contract or previously delivered to the Government. The Contractor
shall prepare for shipment, deliver f.o.b, origin, or dispose of the
Government property, as may be directed or authorized by the
Contracting Officer. The net proceeds of any such disposal shall be
credited to the contract price or shall be paid to the Government as
directed by the Contracting Officer.
01 SEP 89 68 CONST-IN$IDE THE U.S.
(e) If this contract is to be performed outside the United
States of America, its territories, or possessions, the words
,,Government" and ',Government-furnished" (wherever they appear in this
clause) shall be construed as "United States Government" and "United
States Goverrunent-furnished," respectively.#
82. FAR 52.246-12 INSPECTION OF CONSTRUCTION (JUL 1986)
(a) Definition. "Work" includes, but is not limited to,
materials, workmanship, and manufacture and fabrication of components.
(b) The Contractor shall maintain an adequate inspection system
and perform such inspections as will ensure that the work performed
under the contract conforms to contract requirements. The Contractor
shall maintain complete inspection records and make them available to
the Government. All work shall be conducted under the general
direction of the Contracting officer and is subject to Government
inspection and test at all places and at all reasonable times before
acceptance to ensure strict compliance with the terms of the contract.
(c) Government inspections and tests are for the sole benefit of
the Government and do not--
(l) Relieve the Contractor of responsibility for providing
adequate quality control measures;
(2) Relieve the Contractor of responsibility for damage to
or loss of the material before acceptance;
(3) Constitute or imply acceptance; or
(4) Affect the continuing rights of the Government after
acceptance of the completed work under paragraph (i) below.
(d) The presence or absence of a Government inspector does not
relieve the Contractor from any contract requirement, nor is the
inspector authorized to change any term or condition of the
authorization.
specification without the Contracting officer's written · ~' =~
(e) The Contractor shall promptly furnish, without additional
charge, all facilities, labor, and material reasonably needei for
performing such safe and convenient inspections and tests as may be
required by the Contracting officer. The Government may charge to the
Contractor any additional cost of inspection or test when work is not
ready at the time specified by the Contractor for inspection or test,
or when prior rejection makes reinspection or retest necessary. The
Government shall perform all inspections and tests in a manner that
will not unnecessarily delay the work. Special, full size, and
performance tests shall be performed as described in the contract.
(f) The Contractor shall, without charge, replace or correct
work found by the Government not to conform to contract requirements,
unless in the public interest the Government consents to accept the
work with an appropriate adjustment in contract price. The Contractor
shall promptly segregate and remove rejected material from the
premises.
(g) If the Contractor does not promptly replace or correct
rejected work, the Government may (1) by contract or otherwise,
replace or correct the work and charge the cost to the Contractor or
(2) term. inate for default the Contractor's right to proceed.
(h) If, before acceptance of the entire work, the Government
decides to examine already completed work by removing it or tearing it
out, the Contractor, on request, shall promptly furnish all necessary
facilities, labor, and material. If the work is found to be defective
or nonconforming in any material respect due to the fault of the
Contractor or its subcontractors, the Contractor shall defray the
expenses of the examination and of satisfactory reconstruction.
01 SEP 89 69 CONST-INSIDE THE U.S.
However, if the work is found to meet contract requirements, the
Contracting officer shall make an equitable adjustment for the
additional services involved in the examination and reconstruction,
including, if completion of the work was thereby delayed, an extension
of time.
(i) Unless otherwise specified in the contract, the Government
shall accept, as promptly as practicable after completion and
inspection, all work required by the contract or that portion of the
work the Contracting officer determines can be accepted separately.
Acceptance shall be final and conclusive except for latent defects,
fraud, gross mistakes amounting to fraud, or the Government's rights
under any warranty or guarantee.~
83. FAR 52.247-64 PREFERENCE FOR PRIVATELY OWNED U.S.-FL~G
COM]4ERCIAL VESSELS (APR 1984)--ALTERNAT~ I~
1984)
(a) When ocean transportation is required to bring
materials, or equipment to the construction site from the United
States either for use in performance of, or for incorporation
work called for by this contract, the Contractor shall use privately
owned U.S.-flag ComMercial vessels to the extent that such vessels are
available at rates that are fair and reasonable for privately owned
U.S.-flag commercial vessels.
(b) The Contractor shall not make any shipment exceedin~ 10
measurement tons (400 cubic feet) by vessels other than privately
owned U.S.-flag com/~ercial vessels without (1) notifying the
Contracting officer that U.S.-flag commercial vessels are not
available at rates that are fair and reasonable for such vessels and
(2) obtaining permission to ship in other vessels. If permission is
granted, the contract price shall be equitably adjusted to reflect the
difference in cost.
(c) (1) The Contractor shall submit one legible copy of a rated
on-board ocean bill of lading for each shipment to both (i) the
Contracting officer and (ii) the Division of National Cargo, Office of
Market Development, Maritime Administration, U.S. Department of
Transportation, Washington, DC 20590. Subcontractor bills of lading
shall be submitted through the Prime Contractor.
(2) The Contractor shall furnish these bill of lading copies
(i) within 20 working days of the date of loading for shipmenus
originating in the United States, or (ii) within 30 working days for
shipments originating outside the United States. Each bill of lading
copy shall contain the following information:
(A) Sponsoring U.S. Government agency.
(B) Name of vessel.
(C) Vessel flag of registry.
(D) Date of loading.
(E) Port of loading.
(F) Port of final discharge.
(G) Description of commodity.
(H) Gross weight in pounds an cubic feet if
available.
(I) Total ocean freight revenue in U.S. dollars.
(d) Except for small purchases as described in 48 CFR 13, the
Contractor shall insert the substance of this clause, including this
paragraph (d), in all subcontracts or purchase orders under this
contract.
(e) The requirement in paragraph (a) does not apply to-- (l) Small purchases as defined in 48 CFR 13;
01 SEP 89 70 CONST-INSIDE THE U.S.
(2) Cargoes carried in vessels of the Panama Canal
Commission or as required or authorized by law or treaty;
(3) Ocean transportation between forei~n countries of
supplies purchased with foreign currencies made available,~or derived
from funds that are made available, under the Foreign Assistance Act
of 1961 (22 U.S.C. 2353); and
(4) Shipments of classified supplies when the classification
prohibits the use of non-Government vessels.
(f) Guidance regarding fair and reasonable rates for privately
owned U.S.-flag commercial vessels may be obtained from the Division
of National Cargo, Office of Market Development, Maritime
Administration, U.S. Department of Transportation, Washington, DC
20590, Phone: 202-426-4610.#
84. FAR 52.248-3 VALUE ENGINEERING--CONSTRUCTION (APR 1984)--
ALTERNATE I--(APR 1984)
(The following clause is applicable if this contract is in
excess of $100,000.)
(a) Generel. The Contractor is encouraged to develop, prepare,
and submit value engineering change proposals (VECP's) voluntarily.
The Contractor shall share in any instant contract savings realized
from accepted VECP's, in accordance with paragraph (f) below.
(b) Definitions. "Collateral costs," as used in this clause,
means agency costs of operation, maintenance, logistic support, or
Government-furnished property.
"Collateral savings," as used in this clause, means those
measurable net reductions resulting from a VECP in the agency's
overall projected collateral costs, exclusive of acquisition savings,
whether or not the acquisition cost changes.
"Contractor's development and implementation costs," as used
in this clause, means those costs the Contractor incurs on a VECP
specifically in developing, testing, preparing, and submitting the
VECP, as well as those costs the Contractor incurs to make the
contractual changes required by Government acceptance of a VECP.
"Government costs," as used in this clause, means those
agency costs that result directly from developing and implementing the
VECP, such as any net increases in the cost of testing, operations,
maintenance, and logistic support. The term does not include the
normal administrative costs of processing the V]~CP.
"Instant contract savings," as used in this clause, means
the estimated reduction in Contractor cost of performance resulting
from acceptance of the VECP, minus allowable Contractor's development
and implementation costs, including subcontractors' development and
implementation costs (see paragraph (h) below).
"Value engineering change proposal (VECP)" means a proposal
that--
(1) Requires a change to this, the instant contract, to
implement; and
(2) Results in reducing the contract price or estimated cost
without impairing essential functions or characteristics; provided,
that it does not involve a change--
(i) In deliverable end item quantities only; or
(ii) To the contract type only.
01 SEP 89 71 CONST-INSIDE THE U.S.
(c) FECP preparation. As a minimum, the Contractor shall
include in each VECP the information described in subparagraphs (1)
through (7) below. If the proposed change is affected by
contractually required configuration management or similar procedures,
the instructions in those procedures relating to format,
identification, and priority assignment shall govern VECP preparation.
The ¥~CP shall include the following:
(1) A description of the difference between the existing
contract requirement and that proposed, the comparative advantages and
disadvantages of each, a justification when an item's function or
characteristics are being altered, and the effect of the change on the
end item's performance.
(2) A list and analysis of the contract requirement~ that
must be changed if the VECP is accepted, including any suggested
specification revisions.
(3) A separate, detailed cost estimate for (i) the affected
portions of the existing contract requirement and (ii) the vECp. The
cost reduction associated with the VECP shall take into account The
Contractor's allowable development and implementation costs, i...l~i,,g
any amount attributable to subcontracts under paragraph (g)
(4) A description and estimate of costs the Government
incur in implementing the VECP, such as test and eva!uaticn and
operating and support costs.
(5) A prediction of any effects the proposed change
have on collateral costs to the agency.
(6) A statement of the time by which a contract modification
accepting the VECP must be issued in order to achieve the maximum cost
reduction, noting any effect on the contract completion
delivery schedule. ~ ..... or
(7) Identification of any previous submissions of the VECP,
including the dates submitted, the agencies and contract numbers
involved, and previous Government actions, if known.
(d) Submission. The Contractor shall submit VECP's to the
Resident Engineer at the worksite, with a copy to the Contracting
Officer.
(e) Government action.
(1) The Contracting Officer shall notify the Contractor of
the status of the VECP within 45 calendar days after the contracting
office receives it. If additional time is required, the Contracting
Officer shall notify the Contractor within the 45-day period and
provide the reason for the delay and the expected date of the
decision. The Government will process VECP's expeditiously; however,
it shall not be liable for any delay in acting upon a VECP.
(2) If the VECP is not accepted, the Contracting Officer
shall notify the Contractor in writing, explaining the reasons for
rejection. The Contractor may withdraw any VECP, in whole or in part,
at any time before it is accepted by the Government. The Contracting
Officer may require that the Contractor provide written notification
before undertaking significant expenditures for VECP effort.
(3) Any VECP may be accepted, in whole or in part, by the
Contracting Officer's award of a modification to this contract citing
this clause. The Contracting Officer may accept the VECP, even though
an agreement on price reduction has not been reached, by issuing the
Contractor a notice to proceed with the change. Until a notice to
proceed is issued or a contract modification applies a VECP to this
contract, the Contractor shall perform in accordance with the existing
contract. The Contracting Officer's decision to accept or reject all
01 SEP 89 72 CONST-INSIDE T~E U.S.
or part of any VECP shall be final and not subject to the Disputes
clause or otherwise subject to litigation under the Contract Disputes
Act of 1978 (41 U.S.C. 601-613).
~ (f) Sharing.
(1) Rates. The Contractor's share of savings is determined
by subtracting Government costs from instant contract savings and
multiplying the result by (i) 55 percent for fixed-price contracts or
(ii) 25 percent for cost-reimbursement contracts.
(2) Payment. Payment of any share due the Contractor for
use of a VECP on this contract shall be authorized by a modification
to this contract to--
(i)
(ii)
Accept the VECP;
Reduce the contract price or estimated cost by
the amount of instant contract savings; and
(iii) Provide the Contractor's share of savings by
adding the amount calculated under sub-
paragraph (1) above to the contract price or
fee.
(g) Subcontracts. The Contractor shall include an appropriate
value engineering clause in any subcontract of $50,000 or more and may
include one in subcontracts of lesser value. In computing any
adjustment in this contract's price under paragraph (f) above, the
Contractor's allowable development and implementation costs shall
include any subcontractor's allowable development and implementation
costs clearly resulting from a VECP accepted by the Government under
this contract, but shall exclude any value engineering incentive
payments to a subcontractor. The Contractor may choose any
arrangement for subcontractor value engineering incentive pa}~ents;
provided, that these payments shall not reduce the Government's share
of the savings resulting from the VECP.
(h) Data. The Contractor may restrict the Government's right to
use any part of a VECP or the supporting data by marking the following
legend on the affected parts:
"These data, furnished under the Value
Engineering-Construction clause of contract , shall not
be disclosed outside the Government or duplicated,
used, or disclosed, in whole or in part, for any
purpose other than to evaluate a value engineering
change proposal submitted under the clause. This
restriction does not limit the Government's right to
use information contained in these data if it has been
obtained or is otherwise available from the Contractor
or from another source without limitations."
If a VECP is accepted, the Contractor hereby grants the
Government unlimited rights in the VECP and supporting data, except
that, with respect to data qualifying and submitted as limited rights
technical data, the Government shall have the rights specified in the
contract modification implementing the VECP and shall appropriately
mark the data. (The terms "unlimited rights" and "limited rights" are
defined in Part 27 of the Federal Acquisition Regulation.)#
01 SEP 89 73 CONST-IN$IDE THE U.S.
85.1 FAR 52.249-1 TERHINI~TION FOR CO~v~HIENCH OF THE GOVERI~fENT
(FIXED-PRICE) (SHORT FORM) (APR 1984)
(The follow~ng clause is applicable if this contract ~ not in
excess of $100,000.)
The Contracting Officer, by written no~ice~ may terminate this
contract, in whole or in part, when it Is in the Government's
interest. If this contract is terminated, the rights, duties, and
obligations of the parties, including compensation to the Contractor,
shall be in accordance with Part 49 of the Federal Acquisition
Regulation in effect on the date of this contract.#
85.2 FAR 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVE~NMEA~
(FIXED-PRICE) (APR 1984)--ALTERNATE I--(APR 1984)
(The following clause is applicable if this contract is in
excess of $100,000.)
(a) The Government may terminate performance of work under this
contract in whole or, from time to time, in part if the Contracting
officer determines that a termination is in the Government's interest.
The Contracting officer shall terminate by delivering to the
Contractor a Notice of Termination specifying the extent of
termination and the effective date.
(b) After receipt of a Notice of Termination, and except as
directed by the Contracting officer, the Contractor shall immediately
proceed with the following obligations, regardless of any delay in
determining or adjusting any amounts due under this clause:
(1) Stop work as specified in the notice.
(2) Place no further subcontracts or orders (referred to as
subcontracts in this clause) for materials, services, or facilities,
except as necessary to complete the continued portion of the contract.
(3) Terminate all subcontracts to the extent they relate to
the work terminated.
(4) Assign to the Government, as directed by the Contracting
officer, all right, title, and interest of the Contractor under the
subcontracts terminated, in which case the Government shall have the
right to settle or to pay any termination settlement proposal arising
out of those terminations.
(5) With approval or ratification to the extent required by
the Contracting officer, settle all outstanding liabilities and
termination settlement proposals arising from the termination of
subcontracts; the approval or ratification will be final for purposes
of this clause.
(6) As directed by the Contracting Officer, transfer title
and deliver to the Government (i) the fabricated or unfabricated
parts, work in process, completed work, supplies, and other material
produced or acq%/ired for the work tel-minated, and (ii) the completed
or partially completed plans, drawings, information, and other
property that, if the contract had been completed, would be required
to be furnished to the Government.
(7) Complete performance of the work not tez-minated.
(8) Take any action that may be necessary, or that the
Contracting Officer may direct, for the protection and preservation of
the property related to this contract that is in the possession of the
Contractor and in which the Government has or may acquire an interest.
(9) Use its best efforts to sell, as directed or authorized
by the Contracting Officer, any property of the types referred to in
subparagraph (6) above; provided, however, that the Contractor (i) is
not required to extend credit to any purchaser and (ii) may acquire
the property under the conditions prescribed by, and at prices
approved by, the Contracting Officer. The proceeds of any transfer or
01 SEP 89 74
CONST-IN$IDE THE U.S.
disposition will be applied to reduce any payments to be made by the
Government under this contract, credited to the price or cost of the
work, or paid in any other manner directed by the Contracting Officer.
~ (c) After expiration of the plant clearance period as defined in
subpart 45.6 of the Federal Acquisition Regulation, the Contractor may
submit to the Contracting Officer a list, certified as to quantity and
quality, of termination inventory not previously disposed of,
excluding items authorized for disposition by the Contracting Officer.
The Contractor may request the Government to remove those items or
enter into an agreement for their storage. Within 15 days, the
Government will accept title to those items and remove them or enter
into a storage agreement. The Contracting Officer may verify the list
upon removal of the items, or if stored, within 45 days from
submission of the list, and shall correct the list, as necessary,
before final settlement.
(d) After termination, the Contractor shall submit a final
termination settlement proposal to the Contracting Officer in the form
and with the certification prescribed by the Contracting Officer. The
Contractor shall submit the proposal promptly, but no later than 1
year from the effective date of termination, unless extended in
writing by the Contracting Officer upon written request of the
Contractor within this 1-year period. However, if the Contracting
officer determines that the facts justify it, a termination settlement
proposal may be received and acted on after 1 year or any extension.
If the Contractor fails to submit the proposal within the time
allowed, the Contracting Officer may determine, on the basis of
information available, the amount, if any, due the Contractor because
of the termination and shall pay the amount determined.
(e) Subject to paragraph (d) above, the Contractor and the
Contracting Officer may agree upon the whole or any part of the amount
to be paid because of the termination. The amount may include a
reasonable allowance for profit on work done. However, the agreed
amount, whether under this paragraph (e) or paragraph (f) below,
exclusive of costs shown in subparagraph (f) (2) below, may not exceed
the total contract price as reduced by (1) the amount of payments
previously made and (2) the contract price of work not terminated.
The contract shall be amended, and the Contractor paid the agreed
amount. Paragraph (f) below shall not limit, restrict, or affect the
amount that may be agreed upon to be paid under this paragraph.
(f) If the Contractor and the Contracting Officer fail to agree
on the whole amount to be paid the Contractor because of the
termination of work, the Contracting Officer shall pay the Contractor
the amounts determined as follows, but without duplication of any
amounts agreed upon under paragraph (e) above:
(1) For contract work performed before the effective date of
the total (without duplication of any items) of--
(i) The cost of this work;
(ii) The cost of settling and paying termination
settlement proposals under terminated sub-
contracts that are properly chargeable to the
terminated portion of the contract if not
included in subdivision (i) above; and
(iii) A sum, as profit on (i) above, determined by
the Contracting Officer under 49.202 of the
Federal Acquisition Regulation, in effect on
the date of this contract, to be fair and
termination,
01 SEP 89 75 CONST-INSIDE THE U.S.
( 2 ) The
terminated, including--
(i)
reasonable; however, if it appears that the
Contractor would have sustained a loss on the
entire contract had it been completed, the
Contracting officer shall allow "no profit
under this subdivision (iii) and shall red,ce
.the settlement to reflect the indicated rate
of loss.
reasonable costs of settlement of the work
Accounting, legal, clerical, and other
expenses reasonably necessary for the
preparation of termination settlement
proposals and supporting data;
(ii) The termination and settlement of subcontracts
(excluding the amounts of such settlenents);
and
(iii) Storage, transportation, and other costs
incurred, reasonably necessary for the
preservation, protection, or disposition cf
the termination inventory.
(g) Except for normal spoilage, and except to the extent that
the Government expressly assumed the risk of loss, the Contracting
officer shall exclude from the amounts payable to the Contractor under
paragraph (f) above, the fair value, as determined by the Contracting
Officer, of property that is destroyed, lost, stolen, or damaged so as
to become undeliverable to the Government or to a buyer.
(h) The cost principles and procedures of Part 31 of the Federal
Acquisition Regulation, in effect on the date of this contract, shall
govern all costs claimed, agreed to, or determined under this clause.
(i) The Contractor shall have the right of appeal, under the
Disputes clause, from any determination made by the Contracting
Officer under paragraph (d), (f), or (k), except that if the
Contractor failed to submit the termination settlement proposal within
the time provided in paragraph (d) or (k), and failed to request a
time extension, there is no right of appeal. If the Contracting
Officer has made a determination of the amount due under paragraph
(d), (f), or (k), the Government shall pay the Contractor (1) the
amount determined by the Contracting Officer if there is no right of
appeal or if no timely appeal has been taken, or (2) the amount
finally determined on an appeal.
(j) In arriving at the amount due the Contractor under this
clause, there shall be deducted--
(1) All unliguidated advance or other payments to the
Contractor under the terminated portion of this contract;
(2) Ally claim which the Government has against the
Contractor under this contract; and
(3) The agreed price for, or the proceeds of sale of,
materials, supplies, or other things acquired by the Contractor or
sold under the provisions of this clause and not recovered by or
credited to the Government.
(k) If the termination is partial, the Contractor may file a
proposal with the Contracting Officer for an equitable adjustment of
the price(s) of the continued portion of the contract. The
Contracting .officer shall make any equitable adjustment agreed upon.
Any proposal by the Contractor for an equitable adjustment under this
clause shall he requested within 90 days from the effective date of
termination unless extended in writing by the Contracting officer.
01 SEP 89 76 CONST-INSIDE THE U.S.
(1) (1) The Government may,.under the terms and conditions it
prescribes, make partial payments and payments against costs incurred
by the .Contractor for the terminated portion of the contract, if the
Contracting Officer believes the total of these payments- will not
exceed the amount to which the Contractor will be entitled.
(2) If the total payments exceed the amount finally
determined to be due, the Contractor shall repay the excess to the
Government upon demand, together with interest computed at the rate
established by the Secretary of the Treasury under 50 U.S.C. App.
1215(b) (2). Interest shall be computed for the period from the date
the excess payment is received by the Contractor to the date the
excess is repaid. Interest shall not be charged on any excess payment
due to a reduction in the Contractor's termination settlement proposal
because of retention or other disposition of termination inventory
until 10 days after the date of the retention or disposition, or a
later date determined by the Contracting Officer because of the
circumstances.
(m) Unless otherwise provided in this contract or by statute,
the Contractor shall maintain all records and documents relating to
the terminated portion of this contract for 3 years after final
settlement. This includes all books and other evidence bearing on the
Contractor's costs and expenses under this contract. The Contractor
shall make these records and documents available to the Government, at
the Contractor's office, at all reasonable times, without any direct
charge. If approved by the Contracting officer, photographs,
microphotographs, or other authentic reproductions may be maintained
instead of original records and documents.#
86. FAR' 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)
(a) If the Contractor refuses or fails to prosecute the work or
any separable part, with the diligence that will insure its completion
within the time specified in this contract including any extension, or
fails to complete the work within this time, the Government may, by
written notice to the Contractor, terminate the right to proceed with
the work (or the separable part of the work) that has been delayed.
In this event, the Government may take over the work and complete it
by contract or otherwise, and may take possession of and use any
materials, appliances, and plant on the work site necessary for
completing the work. The Contractor and its sureties shall be liable
for any damage to the Government resulting from the Contractor's
refusal or failure to complete the work within the specified time,
whether or not the Contractor's right to proceed with the work is
terminated. This liability includes any increased costs incurred by
the Government in completing the work.
(b) The Contractor's right to proceed shall not be terminated
nor the contractor charged with damages under this clause, if--
(1) The delay in completing the work arises from
unforseeable causes beyond the control and without the fault or
negligence of the Contractor. Examples of such causes include (i)
acts of God or of the public enemy, (ii) acts of the Government in
either its sovereign or contractual capacity, (iii) acts of another
Contractor in the performance of a contract with the Government, (iv)
fires, (v) floods, (vi) epidemics, (vii) quarantine restrictions,
(viii) strikes, (ix) freight embargoes, (x) unusually severe weather,
or (xi) delays of subcontractors or suppliers at any tier arising from
unforseeable causes beyond the control and without the fault or
negligence of both the Contractor and the subcontractors or suppliers;
and
01 SEP 89 77 CONST-INSIDE THE U.S.
(2) The Contractor, withi~ 10~ys from the beginning of any
delay (unless extended by the Contracting officer), notifies the
Contracting officer in writing of the causes of delay. The
Contracting officer shall ascertain the facts and the extent, of delay.
If, in the judgment of the Contracting Officer, the findings of fact
warrant such action, the time for completing the work shall be
extended. The findings'of the Contracting Officer shall be final and
conclusive on the parties, but subject to appeal under the Disputes
clause.
(c) If, after termination of the Contractor's right to proceed,
it is determined that the Contractor was not in default, or that the
delay was excusable, the rights and obligations of the parties will be
the same as if the termination had been issued for the convenience of
the Government.
(d) The rights and remedies of the Goverr~nent in this claudine are
in addition to any other rights and remedies provided by law or under
this contract.~
87. FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 19B4)
(a) The use in this solicitation or contract of any Federal
Acquisition Regulation (48 CFR Chapter 1) clause with an authorized
deviation is indicated by the addition of "(DEVIATION)" after the date
cf the clause.%
58. DISCOUNTS FOR PROMPT PAYMENT (1989 APR) 52.232-8
(a). Discounts for prompt payment will not be considered in the
evaluation of offers. However, any offered discount will form a part
of the award, and will be taken if payment is made within the disco~]nt
period indicated in the offer by the offeror. As an alternative to
offering a prompt payment discount in conjunction with the offer,
offerors awarded contracts may include prompt payment discounts on
individual invoices.
(b) In connection with any discount offered for prompt payment,
time shall be computed from the date of the invoice. For the purpose
of comouting the discount earned, payment shall be considered to have
been m~de on the date which appears on the payment check or the date on
which an electronic funds transfer was made.
01 SEP 89 78 CONST-IN$IDE THE U.S.
90. ELECTRONIC FUNDS TRANSFER PAYMENT METHODS 52.232-28
ELECTRONIC FUNDS TRANSFER PAYMENT METHODS (APR 1989)
Payments under this contract will be made by the Government
either by check or electronic funds transfer (through the Treasury
Fedline Payment System FEDLINE) or the Automated Clearing House (ACH),
at the option of the Government. After award, but no later than 14
days before an invoice or contract financing request is submitted, the
Contractor shall designate a financial institution for receipt of
electronic funds transfer payments, and shall submit this designation
to the Contracting Officer or other Government official as directed.
(a) For payment through FEDLINE, the Contractor shall provide
the following information:
(1) Name, address, and telegraphic abbreviation of the
financial institution receiving payment.
(2) The American Bankers Association 9-digit identifying
number for wire transfers of the financing institution
receiving payment if the institution has access to the
Federal Reserve Communications System.
(3) Payee's account number at the financial instituticn
where funds are to be transferred.
(4) If the financial institution does not have access to
Federal Reserve Co~unications Systems, name, address
and telegraphic abbreviation of the correspondent
financial institution ~hrough which the financial
institution receiving payment obtains wire transfer
activity. Provide the telegraphic abbreviation and
American Bankers Association identifying number %o the
correspondent institution.
(b) For payment through ACH, the Contractor shail provide the
following information:
(1) Routing transit number of the financial institution
receiving payment (same as American Bankers Association
identifying number used for FEDLINE).
(2) Number of account to which funds are to be deposited.
(3) Type of depositor account ("C for checking, "S" for
savings).
(4) If the Contractor is a new enrollee to the ACk.system,
a "Payment Information Form," SF 3881, must be completed
~ before payment can be.processed.
(c) In the event the Contractor, during' the performance of this
contract, elects to designate a different financial institution for the
receipt of any payment made using electronic funds transfer procedures,
notification of such change and the required information specified
above must be received by the appropriate Government official 30 days
prior to the date such change is to become effective.
(d) The documents furnishing the information reGuired in this
clause must be dated and contain the signature, title, ~nd telephone
number of the Contractor official authorized to provide it, as well as
the Contractor's name and contract number.
(e) Contractor failure to properly designate a financial
institution dr to provide appropriate payee bank account infcr~aticn
may delay payments of amounts otherwise properly due.
01 SEP 89 NAN "~9 I:ONST-ZNSZgE THE U.S.
93.
LIQUIDATED D~LAGES - S~LILL BUSINESS SUBCON?RACTING
(AUG 1989) FAR 52.219-16
(a) ';Failur~ to m~e .a gocd fait~h effort to c~ly ~-2th ti-_e subcontractLng~
p!~n," as use~ in this s .~t, n~ns a willful or inte_nticrm-! failure to
perfoL-r., J-n ~ccordan. ce witch t~ requir~_nts of th~ sut~cntractL.~g plan
~!e_~ t~he clause in this contract e_utitl~ "S~,~ll BusLness ~_nd Em~ll Disadvan-
taged BusLn. ess Subcontracting Plan," or willf~! or inte-nt/oF~l action to
f?cstrate t~m p!a~n.
(b) If, at contract cctv. letion, or in t~m case of a ~,.e_rcia! prcducts
pi~u, at t~ 'close of ~ fisc~ ye~ for ~dn ~ plan is a~!ic~!e,
~n~a~or P~ f~!~ to ~et its ~ntma~ 9o~s ~ ~ ~n~a~L~.g
Officer dacid~ ~ ac~qce with ~e~a~a~n (c) of ~ cia:~e ~t
~n~a~or f~l~ ~ m~ke a g~ f~ effo~ ~ ~,gly ~itJn its
p!~n, es~lish~ ~ ac~n~ ~i~ ~m cla~e ~ ~s ~n~a~
crc~!e d~a~es at~!e ~ t~ ~ntra~r's f~l~e ~ ~ly,
~n ~nt e~ ~ t~ a~m~ doll~ ~o~t ~ ~h ~m ~r.~a~or fa!ie~
ad~eve ea~ s'~n~a~ g~ or, ~ ~e ~e of a ~:,,~ci~A pr~s plan,
Cne ~n~a~or f~l~ ~ ad~;e eadn s~n~a~ ~.
(c) "~fore ~ ~n~a~90ffi~ ~ a f~ d~icn ~t ~ne ~ntra~cr
~ ~n~a~or ~itt~ r~ ~i~9 ~ f~e ~ ~t~ng
~ d~ate ~t g~ f~ effc~ ~ve ~n ~e. r~!'~e to res~r_d
rm~ce may ~ ~n ~ ~n ~ssion ~t ~ v~d ~t~cn e~s~. If,
c!~n, ~he ~n~aC~g Offic~ ~1 ~s~ a f?~ d~icn ~ t~t eff~
~e ~t ~ ~n~a~r ~y ~ ~:~nt ~ ~a~ ~ 9~'id~
in ~a~ (b) of t~s ch~.
(d) Wi~t r~ ~ ~,n'~ci~ p~ p~"m; i.e., ~~ or
~u~v~ ~ p!~ ~ ~ci~ ~ ~cr~ of ~ ~n~ng Offi~
(e) ~m ~n~a~r ~1 P~ ~ right of ~a], ~ ~ c~e
Cffic~.
01 SEP 89 NAN ~0 ¢$NST-INS!DE THE U.S.
94 FAR '52.236-16 Quantity Surveys
' As pre.'rib,cd in .16.516, the; conlrac6nS'~fl'~c~r
resort the followin8 clau~ in ~lic[l~l~ms ~nd conlr~ls
QUANTITY SURVEYS (APR
(End of clau~)
(R %~3.5~) 197~ MAR)
Altetnore I(APR 1954) If ,t is delerrmned ~1 * I¢~cl
c~ble for Go~ernment ~nncl to ~rform ~hc onD-
lowing ~r~ph ~) for ~n~rnph ~} of ~ ~
~) ~e ~nlrnclor s~l Co~ucl lhe on~m~ ~d
fin~ survey~ ~ surveys for ~y ~n~s for ~h~h
progr~ ~ymen~ ~e r~u~ All th~ su~cy~
sh~l ~ conducl~ under I~ d~r~li~ of ~ reprints.
liv: of Ibc ~nlr~tmg ~r. unl~ ~he
~ccr w~v~ INs r~r~m~ in ~ s~iF~ ins~
· ~c Government shall ~c s~h compu~m ~ ~e
fo~ or fin~lly m pla~. ~e ~ntr~or shall ~e
I~ compu~ ~ on Ibc surveys for ~y ~
for which ~o~r~ ~ym~ ~c r~u~.
iR 7-~3 ~) 1979 MAR)
( End of Clauses
81
SECTION J
LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
JJ
SECTION J
?.'rST OF DOCUY, ENT8, EXHIBITS ~ND OTHER ~.TT~,CHHENTB
A
B
C
D
E
F
G
H
I
TITLE
Reference Maps
Wage Rates
Daily Report of Operations ( ENG FOP24 4267 &
27 )
Daily Construction Quality Control Report
Monthly Transportation and Dumping Report
States of New York and Connecticut Water
Quality Certificates
Sampling Maps and Grain Size Analysis
Project Identification and Safety Signs
Submittal Register (Eng. Form 4288)
J
LOCATION MAP
J~Proposed dredgimg area
lo'f 4
MATTITUCK HARBOR, N.Y.
· . ATTACHMENT A
NEW YORK
jERS£~'
cONNECTiCUT
Project Site
LONG 15
~0~G
OG£A~
2 of 4
VICINITY MAP
INDEX MAP
ATTACHMENT A
[]escr~pt,n~ This sale ps 2 nautical miles long by I naulical mile wide with the major axis running true east.west and center el
41" 08 95'N latilude and 72°-52 85'W Iongilude. From 1he cenler. Southwest Ledge Light bears true 345° at 10,750 yards and
Tow~shend I. edge bghled Gong Buoy No. "10-A" bears true 13° at 7,400 yards. This sale is approximately 5.6 nautical miles off
South End Petal. East Itaven. Depth Range: 49-75 feet MLW. The authorized disposal point (within the overall disposal area) ~s
speed,ed for each d~edgmg project in other project documents
NOTE The map deplcls 1he disposal site's lei:etlon in relation In landmarks, it is not intended for use ~n navigation.
DISPOSAL MAP
ATTACHi~ENT A
4 of 4
MATTITUCK HARBOR. N.Y.
U.S. Department of Labor
GENERAL WAGE DECISION NO. NY89-1
SuperseOes General Wage Decision No. NY88-1
States:
CONNECTICUT, DELAWARE, MAINE, MARYLAND, MASSACHUSETTS,
NEW HAMPSHIRE, NEW dERSEY, NEW YORK PENNSYLVANIA &
RHODE ISLAND '
Construction
Type: DREDGING
Construction
Description:
All Dreagtng, except Self-propelled hopper Ureages, on
the Atlan~tc Coast from the CanaOtan Dcr~er to the
southerly .border of the State of Marylena, & trtDutary
waters emptying into the Atlantic Ocean, the Chesapeake
& Delaware Canal, Baltimore City & Baltimore County, Md.
Modification Record:
No.
1
Publication Date Page No.(s)
dan. 23, 1989 680
Vol. I
879
ATTACHMENT
B I of 5
U.S. Department of Labor
NY89-1
Basic Frir~gs
Hourly Benefits
Rates
*DIPPER & CLAMSHELL DREDGE:
Operator 1B,91 2.59+ 8%+ a
Engineer 17.83 2.59+ 8%+ a
Craneman 1B,81 2.59+ 8%+ a
Maintenance Engineer 17.23 2.59+ 8%+ a
Welder 16.98 2,59+ 8%+ a
Mat~ 16.14 2,59+ 8%+ a
Fireman; Oiler 14.75 2.59+ 8%+ a
Deckhand; Handyman; Tug Deckhand 14.41 2.59+
Scowman; Rodman 14.24 2,59+ 8%* a
DRAG BUCKET DREDGE:
Operator 18.1t 2,59+ 8%+ a
Engineer 16.71 2.59+ 8%+ a
Maintenance Engineer 16,57 2.59+ 8%+ a
Mate 15.52 2.59+ 8%+ a
Deckhand 19.99 2.59+ 8%+ a
*HYDRAULIC DREDGES:
Leverman 18.(:X) 2,59+ 8%+
Engineer; Derrick Operator 17.48 2.59+ 8%+
Maintenance Engineer 17.23 2.59+ 8%+
Electric!an; Dredge Weldsr 16.98 2.59~
Spider Barge Operator 16.83 2,59+ 8%+
Mate 16,14 2.59+ 8%+ a
Fireman; 011er ~': 14.75 2,59+ 8%+ a
Tug Deckhand 14,41 2,59+ 8%+ a
Deckhand; Handyman;~Shoreman;
Rodman 14.24 2,59+ 8%+ a
*COMPANY LEAD DREDGEMAN:
Lead Dredgeman 18.00 2.59+ 8%+ a
TUG BOATS over 1,000 H.P, (wtth master or
captain having ltcense endorsed for 200
mtles o~f shore):
'Tug Engtneer 16.91 2.59~
Tug Deckhand 14.04 2.59+ 8%+ a
TUG BOATS over 1,000 H.P, (without master
or captain having ltcense endorsed for,
200 miles off shore):
*Tug Engineer 16.26 2,59+ 8%+ a
Tug Deckhand 14~41 2.59+ 8%+ a
DRILL BOATS:
Engineer 18.39 2,59+ a+b
Blaster 1,8,59 2,59+ a+D
Driller, Welder or Machinist 18.40 2.59+
Fireman 17.80 2,B9+ a+b
Oiler 17.60 2.59+
FOOTNOTES:
8 Paid Holidays: New Year's Day, Washington's Birthday, Memorial
Day, Independence Day. Labor Day, Veterans' Day, Thanksgiving Day
and Christmas Day.
a
2 of 5
v01, i ATTACHMENT B
680 (dan. 23, 1989)
U.S. Department of Labor
NY88-1
b. Vacation: 6 1/2 days vacation with pay fop 84 days of service,
plus o~e additiOnal day for each additional period of 21 2/3 days
of service, all in one calendar year. Employees not qualifying fop
Vacation as set forth above Will receive one day's vacatton With
pay fop each full 20 days of sepvlce in one calendar year.
Unlisted classifications nieeded fop Work not included Within the SCOpe
of the Classifications listed ~ay be added after award only as pro-
Vtded in the labor standards contract clauses (29 CFR 5.5(a)(1)(tt)).
AT'TACHMENT B
681
VOI. I 3 of 5
U,S. Department of LabOr
NY88-1
Vol. J ' ATTAChmENT B 4 of 5
EAST COAST:
DRAG TENDERS
C
811i¢
Hourly '
Blnlfitz
ATT :HMENT 5 of
ATTACHMENT C
Page I of 4
SUMMAI~Y C~ COSTS
$
c c..,,.,,.~ o .~o,', ,, ._-.~.._,. _- ,~'~. ,.-~.,..,,_,,_-!_'~ - :-~ ~
I $ TOTAL ..........
TOTAL . . ·
ATTACHMENT C
Page 2 of 4
REPORT OF OPERATIONS -- HOPPER DREDGES Rcs: OA~N-CWO.'I3
ATTACHMENT C
COST DATA
ITEMS I COST
PLANT RENTAL ..........................................................................................
INSURANCE ...............................................................................................
ATTENDANTPLANT ............................................................................ . ............
TOTAL PLANT OPE ~ATING COST ...................
S ....................... HAULEO $ ...................... AGITATED
OVERHEAO ..............................................................................
OTHERINDIflECT COSTS ......................... : ...................... . ..................
TOTALCOST ...............................................................................................
JOB EST ...... $ .......... $ ....................... $ ..............
THiS PE.~IOD. $ ........... $ ....................... $ ................ I
FORMULA:
~[ X CE S~; YAROAGE
DATA FROM PLANT COST AND RENTAL LEDGE RS
BOOK VALUE ................................... 19 ..................................... $ ..........: ..........
BALANCE IN PLANT ~ENTAL ACCOUNT .................................................... .....................
AODITIONS ANO BETTE tiME NTS TO VESSELS ...................................................................
ATTACHMENT C
Page 4 of 4
CONTRACTOR'S NAME
(address)
DALLY CONSTRUCTION QUALITY CONTROL REPORT
DATE REPORT NO.
Contract No.
Description and Location of Work:
WEATHER: (Clear) (P. Cloudy) (Cloudy): Temperature:
CONTRACTOR/SUBCONTRACTORS AND AREA OF RESPONSIBILITY
Max/
Min/
Equipment Data:(Indicate items of construction equipment, other than
hand tools, at the job site, and whether or not used.)
1. Work Performed Today: (Indicate location and description of
work performed. Refer to work performed by prime and/or subcontractor
by letter in Table above.)
2. Results of Surveillance: (Include satisfactory work completed,
or deficiencies with action to be taken.)
3. Tests Required by Plans and/or Specifications Performed and
Results of Tests:
ATTACHMENT D
lof2
4. Verbal Instructicns Received: (List any instructions given by
Government personnel on construction deficiencies, retesting
required, etc .... with action to be taken.)
5. Job Safety: (Include deficiencies and corrective action taken.)
6. Indicate Equipment and Materials Items arrivals at job site:
Indicate the compliance or non-compliance of these items with
approved show drawings; the contract plans and specifications;
and if storage of the item is required prior to the time of
installation; indicate how this storage was provided and whether
or not it is adequate.
7. Remarks: (Cover any conflicts in plans, specifications, or
instructions.)
.CONTRACTOR'S VEPIWICATION: The above report is com[']ete and
correct and all material and equipment used and work performed during
this reporting period are in compliance with the contract plans
and specifications except as noted above.
CONTRACTOR QUALITY CONTROL INSPECTOR
ATTACHMENT
2 of 2
D
DEPAR'I'NENT OF THE AR~Y
NY DISTRICT, CORPS OF ENGINEERS
JACO~ K. JAVlTS FEDERAL BUILDING
26 FEDERAL PLAZA
NEW YORK, NrW YORI( 10278-0090
A'F111: CENAN-OP-W
NORTHLY TPJUISPORTAT I ON
AND
DIJ~PING LOG
RAJ~E & ADORESS OF PER~Il-rEE:
PERNIT/COJITRACT NO:
ATEi~iAY:
INA.E
TOWING
VESSEL
OF
IOF
MATERIAL PROJECT DUMP i IDEPARTURE ) MATERIAL~TO PRO,)~
, : ~ I o
I
I
I
" [ I
pOINT Of,' CONTACT:
DR~DG~I) I~.TI~RIAI, DISPOSAL
~H,Y VOLUblE
CUMULATIVE VOLU]{E
Capped Project:
Comment s:
', ATTACHMENT E
2 of 2
NEW Y'ORK AND CONNECTICUT STATES'
WATER QUALITY CERTIFICATION
WILL BE PROVIDED UNDER SEPARATE COVER
ATTACHMENT F
..nytest environmental, .
U. S. ARMY CORPS OF ENGINEERS
GRAIN SIZE ANALYSIS
88-14379
(%) Moisture
% Sand
(~0.0625 m2)
% Silt
(0.0039-0.0625 mm2)
Site
1 22.54 95.44 4.07 0,49
2 22.05 95.18 2.09 2.73
3 26.72 94.88 2.43 2.69
4 29.27 97.05 0.60 2.35
5 41.16 58.39 .26.02 1~.59
6 31.49 16.24 70.68 13.08
7 66.23 24.96 -52.24 22.80
8 68.55 18.65 56.65 24.70
9 67.10 21.99 58.72 19.29
10 - 64.46 20.77 50.30 28.93
Reference Sand 25.24 99~04 O.lO 0.86
Control Mud 56.55 '13.67 40.79 45.54
% Clay
(~0.0039 ~2)
Greater than or equal to
Less than or equal to
Dredging contract limit starts from Site No. 1 to No. 4 and
the character of materials to be dredged is predominately sand
(greater than 95%). '
(s)
ATTACHMENT G 1 of 2
Sampling Locations
Map of Sampling Locations
ATTACHMENT G
MATTITUCK HARBOR. N.Y.
.2 of 2
Introduction: Construction Project Signs ¶6.t
The use ol signs Io idenl~i~ Corps managed
or superv,sed design, conslfuchon, and
rehabdJlahon projects--both for military
and cwi[ works [S an important part ol
lo~s to keep the public inlormed ot Corps
work. For this purpose, a construction
project sign package has been adopted
This package consists of two s~gna: one
for project identification and the other to
· show on-the-job satety podormance ol
the contractor.
These two signs ate to be displayed
side by side and mounted for reading by
passing viewers. Exact placement location
will be designated by the contracting
officer
The panel sizes and graphic formats
have been standardized for visual consis-
tency throughout all Corps operations.
Panels are Cabricated using HO() ply-
wood with dimensional lumber uprights
and bracing The sign Paces are non-
rellective vinyl.
pages 16.2-3. The CommuniCations Red
prolect s~gn w~th Corps signature (reverse
background.
the tollowing two pages. Mounting and fab-
ricaJion dermis are provided oh page 16.4
Special applications or situations not
covered in these guidelines shouJd be
relened to the DistdctJDM..~on s~Jn
coordinator.
ATTACHMENT H
1 of 4
Introduction: Project identification Sign
Pedormance S~gn shown on the following
page Mounhng and fabr~at~on detads ar
prowded on page 16.4
Special apphcahons or s~Iuabons not
covered ~n these gu~dehnes should be
referred fo Ihe District~Divis~on sJgn
co<)rdinator
below 10 5' Reverse S,gnature 16
CasUe)
Co[or White
Legend Group 3 One to
Typelace' 3 Helvehca Bold
Maximum hne length: 42
Color: Black
Maximum line length' 42'
Corps Signature {US Army Corpsl
Ap~oend~x D
Feedwater Pumps
and Piping
for Building 195
Expansion of Fish
Hatchery
S,gn Legend P *riel Post Speol~:atK)n Mounting CO~O~
Type S,ze S,ze _ .S_~z~ee_ _ Code _H_~__~t_ ~g~/L_~ _
CID.01 va~ous 4 x 6 4' x 4' HDO-3 48' WH-RO,BK
ATTACHMENT H
2of4
E'ach conlracfor"s safety record ~s Io be
posted on Corps managed or superwsed
construchon projectgs and mounted with
the cons~ruchon project ~denhhcation sign
spec~hed on page 16.2
The graphic format, color, s~ze and ~ype-
faces used on the s~gn are to be repro-
duced exactly as specified below The btle
w~th [8' Od) Safe~/Green First A~d
logo Color: TO match PMS 347
Typelace: 3" Helvetica Bold
w~fh F~r$l A~d logo ~n lhe top sechon ol
the s~n, and the berlorrnance record cap-
lions are standard foe all signs of th~s type,
Legend Groups 2 and 3 below
identdy Ihe project and the contractor and
are to be placed on the sign as shown
Sale~y record numbers are mounted on
individual metal p~ates and are screw-
mounled fo the background to allow for
!- afetY i-sa Job
Requirement
Pubkc Use Area Development. Stage IV
Osage R~ver Basin
Pacific Manne ConstructiOn Corporation
Galveston. Texas
da*,y revi.~ons to posted safeb/perfor-
mance
Sp~cla{ ap~tcations or .~tual~ons not
covered in these guidehnes should be
referred to the Distnct/Diws,,on
coordinator.
4 875
14 975
Type S,ze S,ze S~ze
He~ht Bk~ ~L~d
48 WH/BK-GR
ATTACHMENT H
3of4
562
page5 16 2-3 {:)etak+ed 5pec~hcat~ons
HDO plywood panel preparation are pro-
wded ~n Appendix B
Shown below ~he mounl~n§ 0~agram IS
a panel layout gr~d w~lh spaces provi(Jed
tot project ~nformahon Photocopy this
page and use as a worksheel when pre-
panng s,gn legend orders
For additional information on the probe~
method to prepare sign panel graphrcs,
contact the District S~gn coordinator
m Append*x B
typefaces specihed and apphed to
pages 16.2-3
panel (to match PMS-032} w~th
s~on) is to be screen pnnted on
be apphed under the s~gnature
pared to Corps standards Large
(photographically enlarge lrorn
6 875- to 105')
with sign face
Apply graphic panel to prepared
HDO ph/wood panel following
S~gn uprights to be structural
panel. Counters~nk (5') bad< ol
screw (4' x 375)
ATTACHMENT H
4of4
Legend Group 1: Corps Relat~onst~p
tL ...................... I I
~1 ..................................... J
2i ...................
Salety Performance S~gn
Legeho Group I Prolect T~tle
Legend Group 2 Conlrac~or,A&E
2L ............................. I
SL
Page E-1 Contractor's Quality Control Plan
pa~a 3
Page H-15
Para 31
C- 8
Review & Cc~plete Su~nittal Register
(Eng Form 4288)
Daily Report of Operations Form
Page C- 8 Quality Control Report Form
para 11
Page H-12 ~el Usage Report
Para }{-21
Pa e H- ~3 Co~y of Request to USCG for Issuance
p~a 25 o~ Notice to ~rinas
C-10
para 13
Page H- Is
Para 36
Copy of ReqUest to USCG for yDven~-nt of
Navigation Aids
Accident Prev~]tion Plan
Page H- 19 Dredging Progress Schedule
Para 39
tituck Harbor NeW York
SECTION K
REPRESENTATIONS, CERTIFICATIONS
AND OTHER STATEMENTS OF BIDDERS
SECTION K
REPRESENTATIONS, CERTIFICATIONS AND OTHER
STATEMENTS OF BIDDERS
PARA.
INDEX
PAGE
1. Small Business Concern Representation ................ K-1
2. Small Disadvantaged Business Concern Representative..K-1
3. Women - Owned Small Business Representative .......... K-2
4. Contingent Fee Representation and Agreement .......... K-3
5. Certificate of Independent Price Determination ....... K-3
6. Type of Business Organization - Formal Advertising...K-4
7. Parent Company and Identifying Data .................. K-5
8. Certification of Nonsegregated Facilities ........... K-5
9. Previous Contracts and Compliance Reports ............ K-6
10. Clean Air and Water Certification .................... K-6
11. Affiliated Bidders ................................... K-7
12. Suspension or Debarment Certification ................ K-8
K
REPRESENTATIONS, CERTIFICATIONS, AND OTHER
STATEMENTS OF THE BIDDERS
1. SM~LL BUSINESS CONCERN REPRESENTATION (APR 1984)
The offeror represents and certifies as part of its offer
that it is (), () is not a small business concern and that
all (), () not all supplies to be furnished will be
manufactured or produced by a small business concern in the
United States, its possessions, or Puerto Rico. "Small
Business Concern," as used in this provision, means a
concern, including its affiliates, that is independently
owned and operated, not dominant in the field of operation in
which it is bidding on Government contracts, and qualified as
a small business under the size standards in this
solicitation. (FAR 52.219-01)
2. SMALL DISADVANTAGED BUSINESS CONCERN REPRESENTATION (DOD
FAR SUPPLEMENT DEVIATION) (JUN 1988)
(a) Definition. "Small disadvantaged business concern",
as used in this provision, means a small business concern,
include mass media, owned and control by individuals who are
both socially and economically disadvantaged, as defined in
reguations prescribed by the US Small Business Administration
at 13 CFR Part 124, the majority of earnings of which
directly accrue to such individuals. (13 CFR Part 124
generally provides that a small disadvantaged business
concern is a small business concern (1) which is at least
fifty-one percent (51%) owned by one or more socially and
conomiclly disadvantaged individuals, and (2) whose
management and daily business operations are controlled by
one or more such individuals. (See 13 CFR 124.101 through
124.110.)
(b). Representation. The offeror represents that its
qualifying ownership falls within at least one of the
following categories (check the applicable categories):
"Asian-Indian American," as used in this provision,
means a United States citizen whose origins are in India,
Pakistan, Bangladesh or Sri Lanka.
"Asian-Pacific American," as used in this
provision, means a United States citizen whose origins are in
Japan, China, Philippines, Vietnam, Korea, Samoa, Guam, the
U.S. Trust Territory of the Pacific Islands, the Northern
Mariana Islands, Laos, Cambodia, or Taiwan.
"Native Americans," as used in this provision,
means American Indians, Eskimos, Aleuts and native Hawaiians.
"Black American" as (US Citizen)
K-1
"Hispanic American" as used in this provision means
US citizen with origins from South America, Central America,
Mexico, Cuba, the Dominican Republic, Puerto Rico, Spain or
Portugal.
"Individuals" concern currently certified for
participation in the minority Small Business and Capital
Ownership Development Program under Section 8(a) of the Small
Business Act (15 USC 637(a)).
Other (In addition to (c) (1), Offeror must
complete (c)(2) below)
(c) Certification.
(1)
The Offeror represents and certifies, as part
of its offer, that it is , is not
a small disadvantaged business concern.
(2)
Complete only item (b) above is checked "other"
The Offeror represents and ceritifies, as part of
its offer, that the Small Business Administration
(SBA) has , has not made a
determination concerning the Offeror's status as a
small disadvantaged business concern. If the SBA
has made such a determination, the date of the
determination was , and the Offeror
certified that it was , was not
found by the SBA to be socially and
economically disadvantaged as a result of that
determination and that no circumstances have
changed to vary that determination.
(d)
Notification. The Offeror agrees to notify the
Contracting Officer before award of any change in
its status as a small disadvantaged business
concern occurring between the submission of its
offer and contract award.
(e)
Penalty. The offeror represents and certifies that
the above information is true and understands that
whoever for the purpose of securing a contract or
subcontract under subsection (a) of Section 1207 of
Public Law 99-661 misrepresents the status of any
concern or person as a small business concern owned
and controlled by a minority (as described in
subsection (a) ) shall be punished by a fine of not
more than $10,000 or by imprisonment for not more
than a year, or both.
WOMEN - OWNED SMALL BUSINESS REPRESENTATION (APR 1984)
Representation. The offeror represents that ( ) it is,
K-2
( ) is not a woman-owned small business concern.
b. Definitions.
"Small business concern", as used in this provision,
means a concern, including its affiliates, that is
independently owned and operated, not dominate in the field
of operation in which it is bidding on Government contracts,
and qualified as a small business under the criteria and size
standard in 13 CFR 121.
"Women-owned", as used in this provision, means a small
business that is at least 51 percent owned by a woman or
women who are U.S. citizens and who also control and operate
the business. (FAR 52.219-03)
4. CONTINGENT FEE REPRESENTATION AND AGREEMENT (APR 1984)
a. Representation. The offeror represents that, except for
full-time bona fide employees working solely for the offeror,
the offeror - (Note: The offeror must check the appropriate
boxes. For interpretation of the representation, including
the term "bona fide employee", see Subpart 3.4 of the Federal
Acquisition Regulation.)
(1) ( ) has, ( ) has not employed or retained any
person or company to solicit or obtain this contract; and
(2) ( ) has, ( ) has not paid or agreed to pay any
person or company employed or retained to solicit or obtain
this contract any commission, percentage, brokerage, or other
fee contingent upon or resulting from the award of this
contract.
b. Agreement. The offeror agrees to provide information
relating to the above Representation as requested by the
Contracting officer and/or his Representative and, when
subparagraph (a) (1) or (a) (2) is answered affirmatively, to
promptly submit to the Contracting officer and/or his
Representative-
(]) A completed Standard From 119, Statement of
Contingent or Other Fees, (SF 119); or
(2) A signed statement indicating that the SF 119 was
previously submitted to the same contracting office,
including the date and applicable solicitation or contract
number, and representing the prior SF 119 applies to this
offer or quotation. (FAR 52.203-04)
5. CERTIFICATE OF INDEPENDENT PRICE DETEP. MINATION (APR 1984)
a. The offeror certifies that:
(1) The prices in this offer have been arrived at
independently, without, for the purpose of restricting
competition, any consultation, communication, or agreement
K-3
with any other offeror or competitor relating to (i) those
prices, (ii) the intention to submit an offer, or (iii) the
methods or factors used to calculate the prices offered;
(2) The prices in this offer have not been and will not
be knowingly disclosed by the offeror, directly or
indirectly, to any other offeror or competitor before bid
opening (in the case of a formally advertised solicitation)
or contract award (in the case of a negotiated solicitation )
unless otherwise required by law; and
(3) No attempt has been made or will be made by the
offeror to induce any other concern to submit an offer for
the purpose of restricting competition.
b. Each signature on the offer is considered to be a
certification by the signatory that the signatory:
(1) Is the person in the offeror's organization
responsible for determining the prices being offered in this
bid or proposal, and that the signatory has not participated
in any action contrary to subparagraphs (a) (1) through (a)
(3) above; or
(2.1) Has been authorized, in writing, to act as agent
for the following principals in certifying that those
principals have not participated, and will not participate
in any action contrary to subparagraphs (a) (1) through (a)
(3) above
(insert full name of person(s) in the offeror's organization
responsible for determining the prices offered in this bid or
proposal, and the title of his or her position in the
offeror's organization);
(2,2) As an authorized agent, does certify that the
principals named in subdivision (b) (2.1) above have not
participated, and will not participate, in any action
contrary to subparagraphs (a) (1) through (a) (3) above; and
(2,3) As an agent, has not personally participated, and
will not participate, in any action contrary to subparagraphs
(a) (1) through (a) (3) above.
c. If the offeror deletes or modifies subparagraphs (a) (2)
above, the offeror must furnish with its offer a signed
statement setting forth in detail the circumstances of the
disclosure. (R 7-2003.1 1975 (OCT) (R 1-1.317) FAR 52.203-2)
TYPE OF BUSINESS ORGANIZATION - FORMAL ADVERTISING
(APR 1984)
K-4
The bidder, by checking the applicable box, represents that
it operates as ( ) a corporation incorporated under the laws
of the State of .............. ( ) an individual, ( ) a
partnership, ( ) a nonprofit organization, or ( ) a joint
venture. (FAR 52.214-02)
7. PARENT COMPANY AND IDENTIFYING DATA (APR 1984)
a. A "parent" company, for the purpose of this provision,
is one that owns or controls the activities and basic
business policies of the bidder. To own the bidding company
means that the parent company must own more than 50 percent
of the voting rights in that company. A company may control
a bidder as a parent even though not meeting the requirements
for such ownership if the parent company is able to
formulate, determine, or veto basic policy decisions of the
offeror through the use of dominant minority voting rights,
use of proxy voting, or otherwise.
b. The bidder ( ) is, ( ) is not (check applicable box)
owned or controlled by a parent company.
c. If the bidder checked "is" in paragraph (b) above, it
shall provide the following information:
Name and Main office
Address of Parent Company
(Include Zip Code)
Parent Company's Employer's
Identification Number
d. If the bidder checked "is not" in paragraph (b) above,
it shall insert its own Employer's Identification Number on
the following line (FAR 52.214-08)
8. CERTIFICATION OF NONSEGREGATED FACILITIES (APR 1984)
a. "Segregated facilities", as used in this provision,
means any waiting rooms, work areas, restrooms and wash
rooms, restaurants and other eating areas, time clocks,
locker rooms and other storage or dressing areas, parking
lots, drinking fountains, recreation or entertainment areas,
transportation, and housing facilities provided for
employees, that are segregated by explicit directive or are
in fact segregated on the basis of race, color, religion, or
national origin because of habit, local custom, or otherwise.
b. By the submission of this offer, the offeror certifies
that it does not and will not maintain or provide for its
employees any segregated facilities at any of its
establishments, and that it does not and will not permit its
employees to perform their services at any location under its
control where segregated facilities are maintained. The
K-5
offeror agrees that a breach of this certification is a
violation of the Equal Opportunity clause in the contact.
c. The offeror further agrees that (except where it has
been obtained identical certification from proposed
subcontractors for specific time periods) it will -
(1) Obtain identical certification from proposed
subcontractors before the award of subcontracts under which
the subcontractor will be subject to the Equal Opportunity
clause;
(2) Retain the certification in the files; and
(3) Forward the following notice to the proposed
subcontractors (except if the proposed subcontractors have
submitted identical certifications for specific time
periods):
NOTICE TO PROSPECTIVE SUBCONTRACTORS O__F REQUIREMENT FOR
CERTIFICATIONS O__F NONSEGREGATED FACILITIES.
A Certification of Nonsegregated Facilities must be
submitted before the award of a subcontract under which the
subcontractor will be subject to the Equal Opportunity
clause. The certification may be submitted either for each
subcontract or for all subcontracts during a period (i.e.,
quarterly, semi-annual, or annually).
NOTE: The penalty for making false statements in offers is
prescribed in 18 U.S.C. 1001. (FAR 52.222-21)
9. PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (APR 1984)
The offeror represents that -
a. It ( ) has, ( ) has not participated in a previous
contract or subcontract subject either to the Equal
Opportunity clause of this solicitation, the clause
originally contained in Section 310 or executive Order No.
10925, or the clause contained in Section 201 of Executive
Order No. 11114;
b. It ( ) has, ( ) has not, filed all required compliance
reports; and
c. Representations indicating submission of required
compliance reports, signed by proposed subcontractors, will
be obtained before subcontract awards. (FAR 52.222-22)
10. CLEAN AIR AND WATER CERTIFICATION (APR 1984)
The offeror certifies that
a. Any facility to be used in the performance of this
K-6
proposed contract is ( ) is not ( ) listed on the
Environmental Protection Agency List of Violating Facilities;
b. The Offeror will immediately notify the Contracting
Officer and/or his Representative, before award, of the
receipt of any communication from the Administrator, or a
designee, of the Environmental Protection Agency, indicating
that any facility that the Offeror proposed to use for the
performance of the contract is under consideration to be
listed on the EPA List of Violating Facilities; and
c. The Offeror will include a certification substantially
the same as this certification, including this paragraph (c),
in every nonexempt subcontract. (FAR 52.223-01)
11. AFFILIATED BIDDERS (APR 1984)
a. Business concerns are affiliates of each other when,
either directly or indirectly, (1) one concern controls or
has the power to control the other, or (2) a third party
controls or has the power to control both.
b. Each bidder
stating that has
information:
shall submit with its bid an affidavit
no affiliates, or containing the following
(1) The names and addresses of all affiliates of the
bidder,
(2) The names and addresses of all persons and concerns
exercising control or ownership of the bidder and any or all
of its affiliates, and whether they exercise such control or
ownership as common officers, directors, stockholders holding
controlling interests, or otherwise. (R 7-2003.12 1974 APR)
FAR 52.214-17
K-7
12. 8UBPENSION OR DEBARMENT CERTIFICATION
CERTIFICATION
TO BE COMPLETED BY PRESIDENT, VICE PRESIDENT OR SECRETARY IF
CORPORATION OR OWNER OR PARTNER.
I hereby certify that (insert name of bidder)
is not currently suspended or debarred by any agency of the
United States Government.
Signature
Typed Name and Title
IF BIDDER IS CURRENTLY UNDER SUSPENSION OR DEBARMENT BY AN
AGENCY OF THE UNITED STATES, THE FOLLOWING SHOULD BE
COMPLETED:
AGENCY
EFFECTIVE DATE OF PERIOD OF SUSPENSION
SUSPENSION OR DEBARMENT OR DEBARMENT
Note: By entering into this contract, the contractor
certifies that neither it, nor any person or firm who has an
interest in the contractor's firm, is a person ineligible to
be awarded Government contracts by virtue of being suspended
or debarred in accordance with FAR Subpart 9.4
K-8
SECTION L
INSTRUCT~ONS~ CONDIT~ONS~ ~'D NOTICES TO B~DDERS
SECTION L
~NSTRUCT~ONS~ CONDITIONS, ~ NOTICES TO B~DDERS
PARA INDEX PAGE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Bid Submissions Address ....................... L-1
Solicitation Definitions
Formal Advertising (APR 1984) .............. L-1
False Statements in Bids ...................... L-1
Preparation of Bids - Construction ............ L-1
Data Universal Numbering System
(Duns) Number Reporting .................... L-2
Minimum Acceptance Period ..................... L-2
Evidence of Authority to Sign Bids ............ L-3
No Bids ....................................... L-3
Explanation to Prospective Bidders ............ L-3
Modifications Prior to Date Set
For Opening Bids ........................... L-3
Acknowledgment of Amendments .................. L-4
Submission of Bids ............................ L-4
Late Submission, Modifications and
Withdrawals of Bids .......................
Arithmetic Discrepancies .....................
Contract Award-Formal Advertising ............
Contract Execution ...........................
Composition of Contractor ....................
Bid Bonds ....................................
Notice of Total Small Business
Set-Aside ..................................
Small Business-Size Standard ..................
Notice of Requirement for Affirmative Action
to Ensure Equal Employment Opportunity .....
Plans and Specifications ......................
Availability of Specifications Listed in
the DOD Index of Specifications and
Standards ..................................
Pre-Award Safety Conference ...................
Equipment Ownership and Operating
Expense Schedule ...........................
Wage Rate Determination ......................
Modification of Federal EIS ..................
Pre-Award Information ........................
Notice of Labor Surplus Area Obligation ......
Special Provisions, General Provisions .......
Service of Protest ...........................
L-4
L-5
L-5
L-5
L-6
L-6
L-7
L-7
L-7
L-8
L-9
L-9
L-9
L-9
L-11
L-11
L-12
L-12
L-12
L-INDEX-1
32
33
34
35
36
Harbor Maintenance Fee ........................ L-12
Evidence of Authority to Sign Bids ............ L-13
Protest After Award ........................... L-13
Notice of Subject to Availability
of Funds ................................... L-14
Eligibility ................................... L-14
L-INDEX-2
INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS
1. BID SUBMISSIONS ADDRESS
Sealed bids in duplicate for the work described herein will
be received and publicly opened at 3:00 p.m. local time at
the place of bid opening on 21 Februa~y~ 1990, Room #112,
Ground Floor, GSA Business Center , Jacob J. Javits Federal
Building. Bid coming in within 15 minutes of time of bid
opening be hand delivered to the bid opening room.
Due to increased security at the Federal Building, bidders
should allow additional time for entry check.
BIDS SUBMITTED BY MAIL shall be addressed to the
New York District office addressed as foll.ows:
New York District, Corps of Engineers
Contract Preparation Section, Contracting Division
Federal Building, 26 Federal Plaza
New York, N.Y. 10278-0090
2. SOLICITATION DEFINITIONS (FORMAL ADVERTISING) (APR 1985)
"Advertised", for the purpose of this solicitation,
includes small business restricted advertising and other
types of restricted advertising.
"Offer" means "bid" in sealed bidding.
"Solicitation" means an invitation for bids in
sealed bidding. (R SF 33A, Para 1, 1978 JAN) FAR 52.214-01
3. FALSE STATEMENTS IN BIDS (APR 1984)
Bidders must provide full, accurate, and complete
information as requested by this solicitation and its
attachments. The penalty for making false statements in bids
is prescribed in 18 U.S.C.1001. (FAR 52.214-04)
Bidders are required to complete the following
forms (in duplicate) and submit it with their bid.
a. Solicitation, Offer and Award Form (Std Form 1442)
b. Bidding Schedule (page B-l)
c. Plant and Equipment Schedule (page B-2)
d. Representation, Certification, & Other Statements
of the Bidders (page K-1 thru K-7)
4. PREPARATION OF BIDS - CONSTRUCTION (APR 1984)
a. Bids must be (1) submitted on the forms furnished by
the Government or on copies of those forms, and (2) manually
signed. The person signing a bid must initial each erasure
L-1
or change appearing on any form.
b. The bid form may require bidders to submit bid prices
for one or more items on various bases, including:
(1) Lump sum bidding;
(2) Alternate prices;
(3) Units of Construction; or
(4) Any combination of subparagraphs (1) through (3)
above.
c. If the solicitation requires bidding on all items,
failure to do so will disqualify the bid. If bidding on all
items is not required, bidders should insert the words "no
bid" in the space provided for any item on which no price is
submitted.
d. Alternate bids will not be considered unless this
solicitation authorizes their submission. (FAR 52.214-18)
DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER REPORTING
(DEC 1980).
On Form 1442, in the block with its name and address, the
offeror should supply the Data Universal Numbering Systems
(DUNS) Number applicable to that name and address. The DUNS
Number should be preceded by "DUNS:" If the offeror does
not have a DUNS Number, it may obtain one from any Dun and
Bradstreet branch office. No offeror should delay the
submission of its offer pending receipt of its DUNS Number.
(DOD FAR Supplement 52.204-7004)
6. MINIMUM BID ACCEPTANCE PERIOD (APR 1984)
a. "Acceptance period", as used in this provision, means
the number of calendar days available to the Government for
awarding a contract from the date specified in this
solicitation for receipt of bids.
b. This provision
the acceptance period
solicitation.
supersedes any language pertaining to
that may appear elsewhere in this
c. The Government requires a minimum acceptance period as
specified in Item 13D of Standard Form 1442.
d. In the space provided in Item 17 of Standard Form 1442,
bidders may specify a longer acceptance period than the
Government's minimum requirement.
e. A bid allowing less than the Government's minimum
acceptance period will be rejected.
to do,
The bidder agrees to execute all that it has undertaken
in compliance with its bid, if that bid is accepted in
L-2
writing within (1) the acceptance period stated in paragraph
c above or (2) any longer acceptance period stated in
paragraph d above. (FAR 52.2].4-16)
7. EVIDENCE OF AUTHORITY TO SIGN BIDS
Evidence of the authority of individuals signing bids to
submit firm bids on behalf of the bidder is required except
where the bid is signed, and shows that it is so signed, by:
The President, Vice-President, or Secretary of Incorporated
bidders; a partner in case of partnership; the owner in the
case of sole proprietorships. Failure to submit with the bid
satisfactory evidence of authority of all other persons may
be cause for rejection of bids as invalid or non-responsive
bid.
8. NO BID
In the event no bid is to be submitted, do not return the
Invitation; however, a letter or post card should be sent to
the issuing office advising whether future Invitations for
the type of services covered by this Invitation are desired.
9. EXPLANATION TO PROSPECTIVE BIDDERS (APR 1884)
Any prospective bidder desiring an explanation or
interpretation of the Solicitation, drawings, specifications
etc., must request it in writing soon enough to allow a reply
to reach all prospective bidders before the submission of
their bids. Oral explanations or instructions given before
the award of a contract will not be binding. Any information
given to a prospective bidder concerning a solicitation will
be furnished promptly to all other prospective bidders as an
amendment to the solicitation, if that information is
necessary in submitting bids or if the lack of it would be
prejudicial to other prospective bidders. (FAR 52.214-06)
10. MODIFICATIONS PRIOR TO DATE SET FOR OPENING BIDS
The r~qht is reserved, as the interest of the Government may
require, to revise or amend the specifications or drawings,
or both, prior to the date set for opening bids. Such
revisions and amendments, if any, will be announced by an
ame~dment or amendments to this Invitation for Bids. Copies
of suck] amendments as may be issued will be furnished to all
prospective bidders. If the revisions and amendments are of
a nature which requires material changes in quantities or
prices bid or both, the date set for opening bids may be
postponed by such number of days as in the opinion of the
District Engineer will enable bidders to revise their bids.
In such case, the amendment w~ll include an announcement of
the new date for' opening bids.
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11. ACKNOWLEDGMENT OF AMENDMENTS TO INVITATIONS FOR BIDS
(APR 19S4)
Bidders shall acknowledge receipt of any amendment to this
solicitation (a) by signing and returning the amendment, (b)
by identifying the amendment number and date in the space
provided for this purpose on the form for submitting a bid,
or (c) by letter or telegram. The Government must receive
the acknowledgment by the time and at the place specified for
receipt of bids. (FAR 52.214-03)
12. SUBMISSION OF BIDS (APR 1984)
a. Bids and bid modifications shall be submitted in sealed
envelopes or packages (1) addressed to the office specified
in the solicitation and (2) showing the time specified for
receipt, the solicitation number, and the name and address of
the bidder.
b. Telegraphic bids will not be considered unless
authorized by the solicitation; however, bids may be modified
or withdrawn by written or telegraphic notice, if such notice
is received by the time specified for receipt of bids. (FAR
52.214-05)
13. LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF
BIDS (APR 1984)
a. Any bid received at the office designated in the
solicitation after the exact time specified for receipt will
not be considered unless it is received before award is made
and it -
(1) was sent by registered or certified mail not later
than the fifth calendar day before the date specified for
receipt of bids (e.g., a bid submitted in response to a
solicitation requiring receipt of bids by the 20th of the
month must have been mailed by the 15th); or
(2) was sent by mail (or was a telegraphic bid if
authorized), and it is determined by the Government that the
late receipt was due solely to mishandling by the Government
after receipt at the Government installation.
b. Any modification or withdrawal of a bid is subject to
the same conditions as in paragraph (a) above.
c. The only acceptable evidence to establish the date of
mailing of a late bid, modification, or withdrawal sent
either by registered or certified mail is the U.S. or
Canadian Postal Service. If neither postmark shows a legible
date, the bid, modification, or withdrawal shall be processed
as if mailed late. "Postmark" means a printed, stamped, or
otherwise placed impression (exclusive of a postage meter
machine impression) that is readily identifiable without
further action as having been supplied and affixed by
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employees of the U.S. or Canadian Postal Service on the date
of mailing. Therefore, bidders should request the postal
clerks to place a hand cancellation bull's-eye postmark on
both the receipt and the envelope or wrapper.
14. ARITHMETIC DISCREPANCIES
14.1 For the purpose of initial evaluation
following will be utilized in resolving
discrepancies found on the face of the bidding
submitted by the bidders:
of bids, the
arithmetic
schedule as
a. Obviously misplaced decimal points will be corrected;
b. In case of discrepancy between unit price and extended
price, the unit price will govern;
c. Apparent errors in extension of unit prices will be
corrected; and
d. Apparent errors in addition of lump-sum extended prices
will be corrected.
14.2 For the purpose of bid evaluation, the Government will
proceed on the assumption that the bidder intends his bid to
be evaluated on the basis of the unit prices, extensions, and
totals arrived at by resolutions of arithmetic discrepancies
as provided above and the bid will be so reflected on the
abstract of bids.
15. CONTRACT AWARD - FORMAL ADVERTISING - CONSTRUCTION
(APR 1984)
a. The Government will award a contract resulting from this
solicitation to the responsible bidder whose bid, conforming
to the solicitation, will be most advantageous to the
Government, price and other factors considered.
b. The Government may reject any or all bids, and waive
informalities or minor irregularities in bids received.
c. '['he Government may accept any item or combination of
items, unless doing so is precluded by a restrictive
l~m[tat~on in the solicitation of the bid. (FAR 52.214-19)
16. CONTRACT EXECUTION
The bidder v,~ho is awarded the contract will be
execute Construction Contract Standard Form 1442,
governed by the Contract Clauses.
required to
and will be
17. COMPOSITION OF CONTRACTOR (JAN 1965)
If the Contractor hereunder is comprised of more than one
legal entity, each such entity shall be jointly and severally
liable hereunder. (DOD FAR Supplement 52.236-7000)
18. BID BONDS
Each bidder shall submit with this bid a Bid Bond (Standard
Form 24) with good sufficient surety or sureties acceptable
to the Government, or other security in the amount of twenty
percent (20%) of the bid price or $3,000,000 whichever is
less. The bid bond penalty may be expressed in terms of a
percentage of the bid price or may be expressed in dollars
and cents. (FAR 53.301-24)
18.1 The bidder's attention is invited to the fact that bid
bonds, performance bonds and payment bonds are not required
where the bid is $25,000 or less.
18.2 Performance and Payment Bonds. Within five days after
the prescribed forms are presented to the bidder to whom
award is made for signature; a written contract on the form
prescribed by the specifications shall be executed and two
bonds, each with good and sufficient surety or sureties
acceptable to the Government, furnished; namely a performance
bond (Standard Form 25) and a payment bond (Standard Form
25A). The penal sums of such bonds will be as follows:
18.2.1 Performance Bond. The penal sum of the performance
bond shall equal 100 percent (100%) of the contract price.
The performance bond shall specifically provide coverage for
taxes imposed by the United States which are collected,
deducted, or withheld from wages paid by the Contractor in
carrying out the contract with respect to which such bond is
furnished. (FAR 53.301-25)
18.2.2 Payment Bond. (FAR 53.301-25 (A))
18.2.2.1 When the Contract price is $1,000,000 or less, the
penal sum shall be fifty percent (50%) of the contract price.
18.2.2.2 When the Contract price is in excess of $1,000,000
but not more than $5,000,000 the penal sum shall be forty
percent (40%) of the contract price.
18.2.2.3 When the Contract price is more than $5,000,000 the
penal sum shall be $2,500,000.
18.3 Any bonds furnished will be furnished by the Contractor
to the Government prior to commencement of contract
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performance.
18.4 Where a surety company is used as a surety on any bonds
which may be required hereunder or under the contract, such
surety company must be a corporation authorized by the United
States Secretary of the Treasury to act as surety. The list
of corporations authorized is contained in Treasury
Department Circular 570 entitled "Companies Holding
Certificates of Authority as Acceptable Sureties on Federal
Bonds And As Acceptable Reinsuring Companies", edition
current on the date of this Invitation For Bids. A copy of
said Treasury Department Circular 570 is available for
inspect]on at New York District. Corps of Engineers, Federal
Building, 26 Federal Plaza, New York, New York 10278-0090.
Information as to the inclusion of any corporation in the
aforesaid list may be obtained by writing to the District
Engineer at the above address.
19. NOTICE TO TOTAL SMALL BUSINESS SET-ASIDE
(APR 1984) - Not Used
20. SMALL BUSINESS SIZE STANDARD - Not Used
20.1 Standard Industrial Classification :
is classified "GENERAL CONTRACTOR - HEAVY
ELSEWHERE CLASSIFIED".
This procurement
CONSTRUCTION, NOT
SIC NO, 1629
21. NOTICE OF REQUIREMENT FOR AFFIP~MATIVE ACTION TO ENSURE
EQUAL EMPLOYMENT OPPORTUNITY (APR 1984)
a. The Offeror's attention is called to the Equal
Opportunity clause and Affirmative Action Compliance
Requirements for Construction Clause of this solicitation.
b. The goals for minority and female participation,
expressed in percentage terms for the Contractor's aggregate
work force in each trade on all construction work in the
covered area, as follows:
Goals for Minority
Participation 5.6%
for Each Trade
Goals for Female
Participation 6.9%
for Each Trade
These goals are app].Jcab]e to all the Contractor's
construction work performed in the covered area. If the
Contractor performs construction work in a geographic area
located outside of the covered area, the Contractor shall
apply the goals established for the geographic area where the
work is actually performed. Goals are published periodically
in the Federal Register in notice form, and these notices may
be obtained from any Office of Federal Compliance Programs.
c. The Contractor's compliance with Executive Order 11246,
as amended, and the regulations in 41 CFR 60-4 shall be based
on (1) its implementation of the Equal Opportunity Clause,
(2) specific affirmative action obligation required by the
clause entitled "Affirmative Action Compliance Requirements
for Construction", and (3) its efforts to meet the goals.
The hours of minority and female employment and training must
be substantially uniform throughout the length of the
contract, and in each trade. The Contractor shall make a
good faith effort to employ minorities and women evenly on
each of its projects. The transfer of minority or female
employees or trainees from Contractor to Contractor, or from
project to project, for the sole purpose of meeting the
Contractor's goals shall be a violation of the contract,
Executive Order 11246, as amended, and the regulations in 41
CFR 60-4. Compliance with the goals will be measured against
the total work hours performed.
d. The Contractor shall provide written notification to the
Director, Office of Federal Contract Compliance Programs,
within 10 working days following award of any construction
subcontract in excess of $10,000 at anytime for construction
work under the contract resulting from this modification.
The notification shall list the -
(1) Name, address, and telephone number of the
subcontractor;
(2) Employer identification number of the subcontract;
(3) Estimated dollar amount of the subcontract;
(4) Estimated starting and completion dates of the
subcontract; and
(5) Geographic area in which the subcontract is to be
performed.
e. As used in this Notice, and in any contract resulting
from this solicitation, the "covered area" are Suffolk and
Nassau Counties, New York.
22. PLANS AND SPECIFICATIONS
Sets of full size drawings and of specifications will be
furnished upon receipt of a payment of $15 per set. If
individual full-size plan sheets are requested, they will be
furnished at the rate of $0.75 for each sheet requested.
Specifications may be secured, without drawings at cost. No
refund of payment will be made and the drawings and
specifications need not be returned to the District Engineer.
Payments must accompany requests and shall be in the form of
cash, check, or money order. Checks and money orders shall
be made payable to "Treasurer of the United States".
Prospective bidders may submit inquiries by writing or
calling (collect calls not accepted). Telephone inquiries
relating to this procurement should be directed as follows:
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NEW YORK DISTRICT, CORPS OF ENGINEERS:
Procurement of Plans, Specifications,
Bidders' List:
Mr. M. Deen
and Prospective
(212) 264-9010
Technical Questions
Dr. B. Tam ....
on Plans and Specifications:
.(212) 264-9032
Bid Results:
Ms. K. Hirschey . (212) 264-0247
The bidder's attention is directed to paragraph CONTRACT
DRAWINGS, MAPS AND SPECIFICATIONS of the Special Requirements
which states in part that copies of plans and specifications
requested by the Contractor (in excess of those copies
furnished without charge) will be furnished at the cost of
reproduction. The bidder is alerted that such cost may not
be the same as that stated above for plans and
specifications.
23. AVAILABILITY OF SPECIFICATIONS LISTED IN THE DOD INDEX
OF SPECIFICATIONS AND STANDARDS (DODISS) (APR 1984)
Single copies of specifications cited in this solicitation
may be obtained by submitting written request to the supply
point listed below. The request must contain the title of
the specifications, its number, date~ applicable
amendment(s), and the solicitation or contract number. In
case of urgency, telephone or telegraphic requests are
acceptab]e. Voluntary standards, which are not available to
offerors and contractors from Government sources, may be
obtained from the organization responsible for their
preparation, maintenance, or publication. (FAR 52.210-01)
COMMANDING OFFICER
U.S. NAVAL PUBLICATION AND FORMS CENTER
5801 TABOR AVENUE
PHILADELPHIAt PA 19120
TELEX NUMBER ..................... 834295
WESTERN UNION NUMBER ....... 710-670-1685
TELEPHONE NUMBER ......... (215) 697-3321
24. PRE-AWARD SAFETY CONFERENCE
Where an apparent ].ow bidder in performance of contracts
during the previous three-year period, incurred one or more
accidents, or where in the opinion of the Contracting Officer
and/or his Representative, there is any question regarding
his compliance with any safety or accident prevention
requirement, such bidder, on request of the Contracting
Officer and/or his Representative prior to any award under
this solicitation, shall attend a conference with
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representatives of the Contracting Officer and/or his
Representative to discuss any such accidents or non-
compliance, the reasons for their occurrence, and measures
which will be taken to preclude any recurrence thereof.
24.1 Information elicited at this conference will be used by
the Contracting Officer and/or his Representative, in
conjunction with other information obtained in a pre-award
survey, in determining the bidder's responsibility.
24.2 The items discussed, the preventive measures
considered, and any conclusions reached in this conference
shall be recorded in minutes of the meeting, which shall be
authenticated by the signatures of representatives of the
bidder and the Contracting officer and/or his Representative,
and any procedures noted therein as agreed upon, shall become
an obligation of the bidder along with other safety and
accident prevention requirements of the contract, if award is
made to him.
25. EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE
Whenever a modification or equitable adjustment of contract
price is required, the Contractor's cost proposals for
equipment ownership and operating expenses shall be
determined in accordance with the requirements of contract
clause EQUIPMENT OWNERSHIP AND OPERATING DEFENSE SCHEDULE,
contained in the Special Contract Requirements section. A
copy of EP-1110-1-B "Construction Equipment Ownership and
Operating Expense Schedule" is available for review upon
request at Room 1937, N.Y. District, Corps of Engineers, 26
Federal Plaza, New York 10278-0090 (EC 1110-1-54 Jul 1981)
26. WAGE RATE DETERMINATION
a. The minimum wages, which in addition to basic hourly
rate of pay include fringe benefit payments to be paid to the
laborers and mechanics on this project pursuant to the clause
entitled "Davis-Bacon Act" of the Contract Clauses, as
determined by the Secretary of Labor to prevail for
corresponding classes of laborers and mechanics employed on
project similar in character, to the contract work in
pertinent locality, are set forth in the attached Wage Rate
Determination. In addition to wage rates set forth in this
invitation for bid, the complete decision of the Secretary of
Labor contains wage rates for other classes of laborers and
mechanics. Because it does not appear that the work called
for by this invitation for bid will require the use of such
other classes, the wage rates applicable to them have not
been reprinted herein. However, in the event any such
classes of laborers or mechanics actually are employed to
perform work under the contract resulting from this
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invitation for bid, payment will be required as specified in
the clause entitled, "Davis-Bacon Act" at wage rates
contained in the complete decision of the Secretary of Labor.
Bidders desiring the complete decision may request it from
the Contracting Officer and/or his Representative.
b. Work performed by subcontractor officers or owners or by
superintendents. When officers or owners of a subcontractor
perform the work of laborers or mechanics, the prime
contractor must pay them weekly at a rate not ]ess than the
applicable prevailing wage for the hours worked in the
specified classification and list them on his certified
payroll records. When superintendents perform work of
laborers or mechanics, their employer must pay them weekly at
a rate not less than the applicable prevailing wage for the
hours worked in the specific classification and list them on
his certified payroll records.
27. MODIFICATION OF THE FEDERAL EIS
Where the proposed bidder intends to use a disposal area not
covered in the Federal Environmental Impact Statement, the
Federal ElS will require modification before the alternate
site can be used. The bidder will be required to provide at
his expense, ali the necessary data required for such
modification to the EIS. The requested modification to the
EIS must be accomplished before the bid opening date.
28. PRE-AWARD INFORMATION.
Each bidder shall, upon request of the Contracting Officer
and/or b~s Representative, furnish a statement of whether he
is now or ever has been engaged in any work similar to that
covered by the specifications herein, the dollar value,
thereof, the year in which such work was performed, and the
manner' of its execution, and giving such other information as
~J]] tend to show the bidder's ability to prosecute the
required wcrk. The "such other information" referred to
above shall include but is not limited to the following:
(1) The name and address of the office or firm under
which such similar work was performed.
(2) A list of key personnel available for the instant
project and their qualifications.
(3) A copy of the b~dder's latest financial statement,
including the names of banks and other financial institutions
with which the bidder conducts business. If the financial
statement is more than 60 days old, a certificate should be
L-Il
attached stating that the financial condition is
substantially the same, or if not the same, the changes that
have taken place. Such statement will be treated as
confidential.
(4) A list of present commitments, including the do]iai'
value thereof, and name of office under which the work is
being performed.
29. NOTICE OF LABOR SURPLUS AREA OBLIGATION (JUL 1978) - Not
Used
30. SPECIAL PROVISIONS, GENERAL PROVISIONS
Should the terms "SPECIAL PROVISIONS" and "GENERAL
PROVISIONS" be encountered let it known that they are
synonymous with the terms "SPECIAL CONTRACT REQUIREMENTS" and
"CONTRACT CLAUSES", respectively.
31. SERVICE OF PROTEST (JAN 1985)
Protests, as defined in section 33.101 of the Federal
Acquisition Regulation shall be serviced on the Contracting
Officer and/or his Representative by obtaining written and
dated acknowledgment receipt from...
Mr. T. Stewart
Chief, Contracting Division
U.S. Army Engineer District, New York
26 Federal Plaza Room 1841
New York, New York 10278.
32. HARBOR MAINTENANCE FEE
Offerors or bidders contemplating use of U.S. ports in the
performance of contract work are subject to paying a harbor
maintenance fee as authorized under Section 1402 of the Water
Resources Development Act of 1986 (Public Law 99-662). The
fee imposed by the Act is equal to the percentage (as set
forth by the Act and amendments thereto) of the value of the
commercial cargo involved. Firms performing work under U.S.
Government contracts are not exempt from the Act. Offerors
and bidders are responsible for ensuring that the applicable
fee associated cost are taken into consideration in
preparation of their offer or bid.
Information pertaining to the Act and a list of U.S. ports
which subjects the cargo to the harbor maintenance fee may
be obtained from local U.S. Customs Offices or by writing to
the Director, User Fee Task Force, Division of Inspection and
Control, Room 4132, U.S. Customs Service, 1301 Constitution
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Avenue, N.W., Washington, D.C. 20229.
33. EVIDENCE OF AUTHORITY TO SIGN BIDS
Evidence of authority of individuals signing bids on behalf
of the bidder is required except where the bid is signed, and
shows it is so signed, by: The President, Vice-President, or
Secretary of Incorporated bidders; a partner in case of
partnership; the owner in the case of sole proprietorships.
Failure to submit with the bid satisfactory evidence of
authority by all other persons may be cause for rejection of
bids as invalid or nonresponsive.
34. PROTEST AFTER AWARD
(a) Upon receipt of a notice of protest (as defined in
33.101 of the FAR) the Contracting Officer and/or his
Representative may, by written order to the Contractor,
direct the Contractor to stop performance of the work called
for by this contract. The order shall be specifically
identified as a stop-work order issued under this clause.
Upon receipt of the order, the Contractor shall immediately
comply with its terms and take all reasonable steps to
minimize the incurrence of costs allocable to the work
covered by the order during the period of work stoppage.
Upon receipt of the final decisions in the protest, the
Contracting Office shall either
(1) Cancel the stop-work order, or
(2) Terminate the work covered by the order as provided in
the Default, or the Termination for Convenience of the
Government, clause of this contract.
(b) If a stop-work order issued under this clause is
canceled either before or after a final decision in the
protest, the Contractor shall resume work. The Contracting
Officer and/or his Representative shall make an equitable
adjustment in the delivery schedule or contract price, or
both, and the contract shall be modified in writing
accordingly, if-
(1) The stop-work order results in an increase in the time
required for, or in the Contractor's cost properly allocable
to, the performance of any part of this contract; and
(2) The Contractor requests an adjustment within 30 days
after the end of the period of work stoppage; provided, that
if the Contracting Officer and/or his Representative decides
the facts justify the action, the Contracting Officer and/or
his Representative may receive and act upon the request at
any time before final payment under this contract.
(c) If a stop-work is not cancelled and the work
covered by the order is terminated for the convenience of the
Government, the Contracting Officer and/or his Representative
L-J3
shall allow reasonable costs resulting from the stop-work
order in arriving at the termination settlement.
(d) If a stop-work order is not cancelled and the work
covered by the order is terminated for default, the
Contracting Officer and/or his Representative shall
equitable adjustment or otherwise, reasonable costs resulting
from the stop-work order.
(e) The Government's rights to terminate this contract
at any time are not affected by action taken under this
clause.
35. NOTICE OF SUBJECT TO AVAILABILITY OF FUNDS
Funds are not presently available for this procurement. No
Contract award will be made until appropriate funds are made
available from which payments for contract purposes will be
made.
36. ELIGIBILITY
By submitting this bid/offer the bidder/offeror certifies
that neither it, nor any person or firm who has an interest
in the bidder/offeror, is a person or firm ineligible to be
awarded Government contracts by virtue of being suspended or
debarred in accordance with FAR subpart 9.4.
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SECTION M
EVALUATION FACTORS FOR AWARD
SECTION M
EVALUATION FACTORS FOR ANARD
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CONTRACT AWARD-SEALED BIDDING-CONSTRUCTION (APR 1985)
The Government will award a contract resulting from this
solicitation to the responsible bidder whose bid , conforming to
the solicitation, will be most advantageous to the Government,
considering only price, and price-related factors specified in
the solicitation, and the availability of disposal site.
The Government may reject any or all bids and waive
informalities or minor irregularities in bid received.
The Government may accept any item or combination of items,
unless doing so is precluded by a restrictive limitation in the
solicitation or the bid. (FAR 52.214-19)
Only one award will be made under this invitation. Bidders
must bid on Schedules A and B.
The low bidder for purposes of award shall be the responsive
responsible bidder offering the lowest amount for Schedule A,
provided the disposal site is available at the time bids are
opened. If the disposal site for Schedule A is unavailable at
the time of bid opening, the responsive responsible bidder
offering the lowest amount for Schedule B will be considered the
low bidder for purposes of award.
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