SPECIFICATIONS FOR PAINTING OF WAREHOUSE FACILITY AND OTHER RELATED STRUCTURES LOCATED AT (SANITIZED)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86-00800R000200140002-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 67
• Document Creation Date: December 20, 2016
• Document Release Date: July 14, 2005
• Sequence Number: 2
• Publication Date: May 10, 1978
• Content Type: REGULATION

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SPECI CA,T~ONN
FQR?
PAINTINQ QF MOUSE: FACILIIT
AND OTHER RELATED STRUCTIJR,E$`
LOCATED AT
STAT
SPECIFICATION NQ;
DATE., IQ May, 1978
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NOTICE:
Bids to be opened at
2:00 pm, EDST,
STAT
STATE
The Contractor shall follow the provisions set forth in. the specifications
and all applicable regulations and orders of Business and Defense Services
Administration in obtaining controlled materials and other products and
materials needed to perform this contract.
All questions concerning the bidding or any other phase of the plans and
specifications occurring prior to bid opening shall be presented to the
Questions requiring interpretations o drawings and specifications must -be
submitted at least 7 days before bid opening. Interpretations or modifi-
cations to specifications made as a result of questions will be made by
addendum only, and unless so done, all bidders should base their bids on
the plans and specifications as issued.
Public Works Officer (Telephone:
To inspect the site of the work before bid opening, prior appointment must
be made with the Public Works Officer,
Tel.
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INDEX
Page
Section IA - Bidding Information.....eact?tIt es?at4%tI.tteIt tVIt ttt
Section 2A - Instructions to Bidders:, Construction Contract., .. , ij
Section 3A Alterations to General Provisions' (Page 1-. , .
General Provisions. (Construction Contract4
Alterations to Labor Standaxd Provisions (Page 1~,3
Labor Standards Provisions (Construction Contract.
Section 4A - Special Paragraphs ..........
Section 1 _ Field Painting
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Division 1 - Detail F:ec{uirements......... ................ t.rtt.
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BIDDING INFORMATION
Section 1A
Table of Contents
Page
1.
General Intention..................................................
1
2.
General Description ...............................................
1
3.
Location ..........................................................
1
4.
Commencement, Prosecution and Completion of Work ..................
I
5.
Reserved ...........................................................
1
6.
Notice of Total Small Business Set-Aside (1972 Jul) ..............
1
7.
Definition of Small Business........... ............................
2
8.
Liquidated Damages .................................................
2
9.
Mandatory Insurance Coverage.. .......................................
2
10.
.
Specifications and Standards ......................................
2
11,
...... ..................
Factory Inspection.........................
3
12.
Samples ...........................................................
3
.13.
Special Requirements ..............................................
3
14.
Personnel Requirements ............................................
3
15.
Security Requirements..............................................
4
16.
Minimum Wage Rates and Other Labor Standards.......................
4
17.
Definitions ........................................................
4
18.
Protection and Repairs ............................................
4
19.
Operation of Station Utilities ....................................
4
20.
Storm Protection ..................................................
5
21.
Disposal of Work Removed.......... ............. ..................
5
22.
Methods and Schedules of Procedure.. .........................?..
5
23.
Work Outside Regular Hours .........................................
5
24.
Safety Requirements ...............................................
5
25.
Examination of Premises ...........................................
6
26.
Payrolls and Affadavits ...........................................
6
27.
Payroll ...........................................................
6
28.
Contractors Weekly Statement of Compliance......... .............
6
29.
Subcontractors and Personnel............. .........................
6
(i)
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SECTION 1A
Bidding Information
1. GENERAL INTENTION
It is the declared and acknowledged intention and meaning of these specifi-
cations to provide and secure the exterior painting
and adjoining structures complete and ready for use.
2. GENERAL DESCRIPTION
The work includes the painting of the Warehouse Building, Supply Annex Steel
Lumber Storage Shed (Interior and Exterior), Bottled Gas Storage Shea, Loading
Platform Roof, Firewalls on Roof and incidental related work as requited.
The work shall be complete. The contractor shall furnish labor, material, equip-
ment, tools, supplies and services, and perform all operations necessary for or
incidental to a complete project in conformity with these specifications.
3. LOCATION
The work shall be located at the
Works Officer.
The exact location wi be indicated by the ; is
4. COMt' ENCEMENT, PROSECUTION AND COMPLETION OF WORK
The contractor will be required to commence work under this contract within 20
calendar days after the date of receipt by him of notice to proceed, to prose-
cute said work diligently, and to complete the entire work ready for use within
60 days without any lapse of time except for weather conditions. The time stated
for completion shall include final clean-up of premises.
5. RESERVED
6. NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (1972 Jul)
(a) RESTRICTION. Offers under this procurement are solicited from small business
concerns only and this procurement is to be awarded only to one or more small
business concerns. This action is based on a determination by the Contracting
Officer, alone or in conjunction with a representative of the Small Business
Administration that it is in the interest of maintaining or mobilizing the Nation's
full productive capacity, in the interest of war or national defense programs,
or in the interest of assuring that a fair proportion of Government procurement
is placed with small business concerns. Offers received from firms which are
not small business concerns shall be considered nonresponsive and shall be re-
jected.
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(b) DEFINITION. A "Small Business Concern" is a concern, including its
affiliates, which is independently owned and operated, is not dominant in
the field of operation in which it is offering on Government contracts, and
can further qualify under the criteria set forth in regulations of the Small
Business Administration (Code of Federal Regulations, Title 13, Section 121.3-8).
In addition to meeting these criteria, a manufacturer or a. regular dealer sub-
mitting offers in his own name must agree to furnish in the performance of the
contract end items manufactured or produced by small business concerns: PRO-
VIDED, that this additional requirement does not apply in connection with con-
struction or service contracts.
7. DEFINITION OF SMALL BUSINESS
For procurement, a small business concern is a concern that is certified as a
small business concern by the Small Business Administration, and as a Special
Trade Contractor, the annual receipts of 'the concern and its affiliates for
the preceding three fiscal years must not exceed $5,000.000.
8. LIQUIDATED DAMAGES
In case of failure on the part of the contractor to complete. the work within
the time fixed in the contract or any extensions thereof, the contractor shall
pay to the Government as liquidated damages pursuant to Clause S of Standard
Form 23-A the sum of $12.00 for each day of delay. The Government will take
no action pursuant to Clause 5 to terminate the right of the Contractor to
proceed or to assess liquidated or actual damage where the failures of the
contractor to complete the work within the time specified elsewhere in this
contract is due solely to the operation of the priorities and allocations
system and is not otherwise caused by the fault or negligence of the contrac-
tor. Such delays will be excusable within the meaning of Clause 5 and the
Contractor will be entitled to a time extension by reason thereof.
9. MANDATORY INSURANCE COVERAGE
Within 15 days after the award of this contract, the successful bidder shall
furnish to the Public Works Officer, Armed Forces Experimental Training
Activity, a certificate of insurance as evidence of the existance of insurance
coverage in amounts not less than the amount listed in "Alterations to General
Provisions" page 4.
The comprehensive and automobile liability policies shall contain a provision
worded as follows : "The insurance company waives any right of subrogation
against the United States of America which may arise by reason of any pay-
id
f
or
e
ment under the policy." The certificate of -all policies shall prov
and the certificates shall indicate that the at)ove pro-
vision has been included.
10. SPECIFICATIONS AND STANDARDS
The specifications and standards referenced in this specification (including
addenda, amendments, and errata listed) shall govern in all cases where refer-
ences thereto are made. In cases of difference between the referenced
2
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specifications or standards and this specification or its accopanying
drawings, this specification and its accompanying drawings shall govern
to the extent of such difference; otherwise, the referenced specifications
and. standards should apply. The requirements for packaging,m arking, and
preparation for shipment or delivery included in the referenced specifi-
cations shall apply only to materials and equipment that are furnished
directly to the Government and not to materials and equipment that are
to be furnished and installed by the contractor, Unless specified other-
wise in this specification, the requirements included in referenced
specifications are modified as, follows:
Radio-interference suppression: Not required.
Fungus Control: Not required
Identification or name plate: Manufacturers standard acceptable.,
Technical publications: In lieu of. tests performed, on a. productproduction .test
model, such. test, if required at the manufacturer"" plant, shall he per
formed on the equipment being furnished-under this specification.
11. FACTORY' INSPECTION
Factory inspection of material and equipment for which.:tests at the place
of manufacture are required by referenced standards will. be waived, pro-V
vided notorized copies of factory tests. reports- are furnished which.show-
compliance with the specification requirements:,
12.. SAMPLES
The contractor shall submit, for approval, samples' f the following and
of such other materials and equipment as may, he required whether mentioned
specifically herein or not:
13. SPECIAL REQUIRE NTS
(a) The contractor shall abide by all security, requirements of the'Activity2
(b) Once work has begun, it shall proceed uninterrupted to completion unless
halted by the Public Works Officer or his designated: representative.
(c) The contractor shall notify the Public Works 'Officerj at STAT
least 7 days in advance of planned operations,
(d) To inspect the site of work before bid opening, prior appointment it be
made with the Public Works Officer, STAT
14. PERSONNEL REQUIREMENTS.'
The contractor and all personnel employed by him shall be fully, qualified
and experienced in their particular field of work., pull name,'date? place
of birth, and current address of each employee shall be'-'lied'to the
Public Works Officer, f`i're (5) STAT
days prior to start o wor .
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.15. SECURITY REQUIPaIENTS
No employee or representative of the contractor will be admitted to the site
unless he furnishes satisfactory proof that he is a citizen of the United
States. This Activity operates under strict security regulations and all
persons admitted to the Activity must be accompanied by an official escort,
designated by the Activity's Security Officer, at all times.. The Security
Officer may authorize issuance of badges to selected responsible employees
of the Contractor, which will permit the person issued the badge to act as
escort for other contractor personnel.
16. MINIMUM WAGE RATES AND (TrUER LABOR STANDARDS
The provisions of this paragraph do not apply when the contract amount is
$2,000 or less. The contractor shall pay mechanics and laborers employed
or working directly upon the site of the work, wage rates not less than
those contained in the wage determination decision of the Secretary of
Labor, No. VA77-3091, which is attached hereto.
17. DEFINITIONS
Where "as shown", "as indicated", "as detailed'", or words of similar import
are used, it shall be understood that reference is made to the drawings
accompanying this specification unless stated otherwise. Where "as directed",
"as required", "as permitted", "approved", "acceptance", or words of similar
import are used, it shall be understood that the direction, requirement,
permission, approval or acceptance of the Public Works Officer is intended
unless stated otherwise. As used in this specification "provide" shall be
understood to mean "provide complete in place", that is, "furnish and install".
18. PROTECTION AND REPAIRS
The contractor shall comply with the fire prevention requirements, security
rules and regulations of the Activity, and shall provide approved means
necessary for the protection of all Government and private property, including
contents of buildings affected directly or indirectly by his operations. All
damage to Government or private property, resulting directly or indirectly
from the contractor's operations shall be made good by him without expense
to the Government. The contractor shall protect the materials and work from
deterioration and damage during construction and shall store and secure in-
flammable material from fire, remove oil rags, waste and refuse from building
each night and during cold weather furnish all heat necessary for the proper
conduct of work. He shall provide and maintain all temporary walkways, roadways,
trench covers, barricades, colored lights, danger signals, and other devices
necessary to provide for safety and traffic.
19. OPERATION OF STATION UTILITIES
The contractor shall not operate nor disturb the setting of any control
devices in the station utilities system, including water, sewer, electrical
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and steam services. The Government will operate the control devices as
required for normal conduct of work. The contractor shall notify the
Public Works Officer giving reasonable advance notice when such operation
is required.
20. STORM. PROTECTION
Should warnings of winds of gale force or stronger be issued, the contractor
shall take every practicable precaution to minimize danger-to persons, to
the work, and to adjacent property. These precautions shall include closing
all openings, removing all loose materials, tools and/or equipment from
exposed locations, and removing or securing scaffolding and other temporary
work.
21. DISPOSAL OF WORK REMOVED
Except where specifically designated as being retained by the Government,,
or to be reinstalled in the new construction, all materials, fixed equipment
and/or debris resulting.from demolition and removal operations shall become
the property of the contractor and be removed from the limits of the Govern-
ment reservation at such times during the progress of the work asdirected.
22. METHODS AND SCHEDULES OF PROCEDURE
The work shall be executed in a manner and at such times that will cause the
least practicable disturbance to the occupants of the buildings and. the normal
activities of the station. Before starting any work, the sequence of operations
and methods of conducting the work shall have been approved.
23. WORK OUTSIDE REGULAR HOURS
Normal working hours at this Activity are 0800 to 1630 hours Monday through
Friday. If the contractor desires to carry on work outside of regular hours
or on Saturdays, Sundays, or Holidays, he shall submit application to the
Public Works Officer, but shall allow ample time to enable satisfactory
arrangements to be made by the Government for inspecting the work in progress.
At night, he shall light the, different parts of the work in an approved manner.
24. SAFETY REQUIREMENTS
The contractor shall comply with the Department of the Army, Corps of Engineers,
"General Safety Requirements," revised March, 1967. The contractor and his
subcontractors shall maintain an accurate record of, and shall report to the
Officer in Charge, exposure data and all accidents resulting in death, trau-
matic injury, occupational disease, or damage to property, materials, supplies,
and equipment incident to work performed under this contract. The report shall
be submitted on Standard Form 92 and shall be in accordance with "Destructions
to Contractor for Preparation of Supervisor's Reports of Accidents", the
"Instructions" and the required forms will be furnished by the Officer in Charge.
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25. EXAMINATION OF PREMISES
Before submitting proposals, bidders are expected to visit and inspect the
site of work and satisfy themselves as to the physical conditions at the
site, the general and local conditions, including availability of labor,
the nature and extent of the work, the character and effect of existing
adjoining and/or adjacent work, and other factors that can affect the cost
of the performance of the contract to the extent that such information is
reasonably obtainable.
26. PAYROLLS AND AFFIDAVITS
The prime contractor, subcontractor, and sub-subcontractors will be re-
quired to submit a copy of each weekly payroll together with DD Form 879,
Contractors Weekly Payroll-Statement, covering the payroll to the Officer in
Charge of Construction within seven (7) days after the regular payment date
of the payroll period. The receipt of these payrolls and statements is made
a condition precedent to payment for any amounts due under the contract.
27. PAYROLL
The payroll shall be identified by the name of the contractor,, contract number,
and the location of the site of the work. Payrolls shall state accurately
and completely for each employee, his name, classification, social security
number, rate of pay, daily and weekly hours worked, wages earned, all deduc-
tions from such wages and the actual weekly wages paid.. Contractors are
required to submit employee's address with the payroll on which the employee's
name first appears.
28. CONTRACTORS WEEKLY STATEMENT OF COMPLIANCE
Contractors weekly statement of compliance shall be executed on the form
furnished for the purpose by the Officer in Charge. Contractors shall list
by title or name, all deductions made, omitting from the listing the dollar
amount of the deductions.
29. SUBCONTRACTORS AND PERSONNEL
Promptly after the award of the contract, the contractor shall submit to
the Officer in Charge, in triplicate, a list of his subcontractors and the
work each is to perform. On this form shall appear the names of the key
personnel of the contractor and subcontractors together with their home
addresses and telephone numbers for use in the event of any emergency. From
time to time as changes occur and additional information becomes available,
the contractor. shall amplify, correct, and change the information contained
in previous lists.
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 SECTION 2A
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April 1977
INSTRUCTIONS TO BIDDERS
(Construction Contract)
(Instructions 1 through 11 are those prescribed by the General Services Administration in Standard Form 22, October
1969 Edition, as amended pursuant to the latest revisions of the Armed Services Procurement Regulation.)
Page
1. EXPLANATION TO BIDDERS .. ...... .. ...................... ...... .. .. 1
2. CONDITIONS AFFECTING THE WORK .......................................
3. BIDDER'S QUALIFICATIONS .. ... .......... ...... ............... ... .... ,
4. BID GUARANTEE ............................................... .. 1
5. PREPARATION OF BIDS .... . .... ... . .... .......................... .. 1
6. SUBMISSION OF BIDS ..... ..... . ....... ........ ....... ................
7. LATE BIDS, MODIFICATIONS OF BIDS OR WITHDRAWAL OF BIDS (April. 1977.)... ... ... . ... . I
8. RESERVED ...... ..................................... .........2
9. PUBLIC OPENING OF BIDS ...... . .... .. .. ... ... .......... ... ... ..... 2
10. AWARD OF CONTRACT ..... ............ .......................... ... . 2
11. CONTRACT AND BONDS .. . .... . .... ..... .... ............... ........ 2
12. BID SUBMISSION .. ... .. .... . .... ........ ................... ... ..... 2
13. BID GUARANTY .. ... ... .... ... ........................... ..... .... 2
14. CONTRACT AND BONDS .. .... . ... . ... . .. ... . ... ...... .... .... .... 2
15. AFFIRMATIVE ACTION REQUIREMENT .. .... . ....... . ................ ... .... 2
16. CERTIFICATION OF NONSEGREGATED FACILITIES .. .. .... ....... ........ ..... ... . 2
17. LISTING OF EMPLOYMENT OPENINGS ......... .. ....................... ..... 3
18. COST LIMITATIONS ... ..... .. ....... ... ...... ............... ........ 3
19. REQUIREMENT FOR FULL, ACCURATE, AND COMPLETE INFORMATION .................. 3
20. BIDS-ACCEPTANCE PERIOD (1960 APR) ....... ... .... ............... .... .... 3
21. ADDITIVE OR DEDUCTIVE ITEMS (1968 APR) .... ....................... ...... .. 3
22. SPECIAL PROVISIONS-SF 19 .... . ... . . . .... ................... ........ 3
23. MODIFICATIONS PRIOR TO DATE SET FOR OPENING BIDS . ... ... ................ .... 3
24. PARENT COMPANY .. . .... .. ...... ... . ....... ..... .. ........ 3
25. EMPLOYER'S IDENTIFICATION NUMBER .. .... . .................... ... ... . .... 3
26. CERTIFICATION AND INDEPENDENT PRICE DETERMINATION . .............. . . .. .... 3
27. CONTINGENT FEE .. ... . .... . .... . .. . .... ........ ..... ... . ... ... . 4
28. NOTICE REGARDING BUY AMERICAN ACT (i,.,,70 SEP) ...... ................... ... . . `.. 4
29. RECEIPT OF AMENDMENTS .. . .. .. ... ... . . . ...................... ....... 4
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April 1977
INSTRUCTIONS TO BIDDERS
(Construction Contract)
(Instructions 1 through 11 are those prescribed by the General Services Administration in Standard Form 22, October
1969 Edition, as amended pursuant to the latest revisions of the Armed Services Procurement Regulation.)
Any explanation desired by a bidder regarding the meaning
or interpretation of the invitation for bids, drawings, specifications,
etc., must be requested in writing and with sufficient time allowed
for a reply to reach bidders before the submission of their bids. Any
interpretation made will be in the form of an amendment of the
'invitation for bids, drawings, specifications, etc., and will be
furnished to all prospective bidders. Its receipt by the bidder must
be acknowledged in the space provided on the Bid Form (Standard
Form 21) or by letter or telegram received before the time set for
opening of bids. Oral explanations or instructions given before the
award of the contract will not be binding.
2.. CONDITIONS AFFECTING THE WORK
Bidders should visit the site and take such other steps as may
be reasonably necessary to ascertain the nature and location of the
work, and the general and local conditions which can affect the
work or the cost thereof. Failure to do so will not relieve bidders
from responsibility for estimating properly the difficulty or cost of
successfully performing the work. The Government will assume no
responsibility for any understanding or representations concerning
conditions made by any of its officers or agents prior to the
execution of the contract, unless included in the invitation for bids,
the specifications, or related documents.
3. BIDDER'S QUALIFICATIONS
Before a bid is considered for award, the bidder may be
requested by the Government to submit a statement regarding his
previous experience in performing comparable work, his business
and technical organization, financial resources, and plant available
to be used in performing the work.
4. BID GUARANTEE
Where a bid guarantee is required by the invitation for bids,
failure to furnish a bid guarantee in the proper form and amount, by
the time set for opening of bids, may be cause for rejection of the
bid.
A bid guarantee shall be in the form of a firm commitment,
such as a bid bond, postal money order, certified check, cashier's
check, irrevocable letter of credit or in accordance with Treasury
Department regulations, certain bonds or notes of the United States.
Bid guarantees, other than bid bonds, will be returned (a) to
unsuccessful bidders as soon as practicable after the opening of bids,
and (b) to the successful bidder upon execution of such further
contractual documents and bonds as may be required by the bids as
accepted.
If the successful bidder, upon acceptance of his bid by the
Government within the period specified therein for acceptance
(sixty days if no period is specified) fails to execute such further
contractual documents, if any, and give such bond(s) as may be
required by the terms of the bid as accepted within the time
specified (ten days if no period is specified) after receipt of the
forms by him, his contract may be terminated for default. In such
event he shall be liable for any cost of procuring the work which
exceeds the amount of his bid, and the bid guarantee shall be
available toward offsetting such difference.
5. PREPARATION OF BIDS
(a) Bids shall be submitted on the forms furnished, or
copies thereof, and must be manually signed. If erasures or other
changes appear on the forms, each erasure or change must be
initialed by the person signing the bid. Unless Specifically authorized
in the invitation for bids, telegraphic bids will not be considered.
(b) The bid form may provide for submission of a price or
prices for one or more items, which may be lump sum bids,
alternate prices, scheduled items resulting in a bid on a unit of
construction or a combination thereof, etc. Where the bid form
explicitly requires that the bidder bid on all items, failure to do so
will disqualify the bid. When submission of a price 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.
(c) Unless called for, alternate bids will not be considered.
(d) Modifications of bids already submitted will be con-
sidered if received at the office designated in the invitation for bids
by the time set for opening of bids. Telegraphic modifications will
be considered, but should not reveal the amount of the original or
revised bid.
Bids must be sealed, marked, and addressed as directed in the
invitation for bids. Failure to do so may result in a premature
opening of, or a failure to open, such bid.
7. LATE BIDS, MODIFICATIONS OF BIDS OR WITH.
DRAWAL OF BIDS (1974 SEP)
(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 either:
(i) It was sent by registered or certified mail not
later than the fifth calendar day prior to the date specified for the
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 earlier); or,
(ii) it was sent by mail (or telegram 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 bid is subject to
the same conditions as in (a) above except that withdrawal of bids
by telegram is authorized. A bid may also be withdrawn in person
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Instructions to Bidders-April 1977
by a bidder or his authorized representative, pro aided his identity is
made known and he signs a receipt for the bid, but only if the
withdrawal is made prior to the exact time set for receipt of bids.
(c) The only acceptable evidence to establish:
(i) the date of mailing of a late bid, modification
or withdrawal sent either by registered or certified mail is the U.S.
Postal Service Postmark on the wrapper or on the original receipt
from the U.S. Postal Service. If neither postmark shows a legible
date, the bid, modification or withdrawal shall be deemed to have
been mailed late. (The term "postmark" means a printed, stamped,
or otherwise placed impression that is readily identifiable without
further action as having been supplied and affixed on the date of
mailing by employees of the U.S. Postal Service.)
(ii) the time of receipt at the Government installa-
tion is the time/date stamp of such installation on the bid wrapper
or other documentary evidence of receipt maintained by the
installation.
(d) Notwithstanding the above, a late modification of an
otherwise successful bid which makes its terms more favorable to
the Government will be considered at any time it is received and
may be accepted. INOTE : The term "Telegram"
includes Mailgrams
8. RESERVED
9. PUBLIC OPENING OF BIDS
Bids will be publicly opened at the time set for opening in
the invitation for bids. Their content will be made public for the
information of bidders and others interested, who may be present
either in person or by representative.
10. AWARD OF CONTRACT
(a) Award of contract will be made to that responsible
bidder whose bid, conforming to the invitation for bids, is'most
advantageous to the Government, price and other factors con-
sidered.
(b) The Government may, when in its interest, reject any
or all bids or waive any informality in bids received.
(c) The Government may accept any item or combination
of items of a bid, unless precluded by the invitation for bids or the
bidder includes in his bid a restrictive limitation.
11. CONTRACT AND BONDS
The bidder whose bid is accepted will, within the time
established in the bid, enter into a written contract with the
Government and, if required, furnish performance and. payment
bonds on Government standard forms in the amounts indicated in
the invitation for bids or the specifications.
12. BID SUBMISSION
Bids shall be submitted only upon the items of bids stated in
the specifications; bids upon other bases will not be considered
unless specifically requested by the Government. Bids that do not
reference all amendments or that are not submitted on the
prescribed forms may be considered. nonconforming. The Officer
whose duty it is to open the bids will decide when the specified time
has arrived, and no bids (or modification or withdrawal of bid) will
be considered if received by the Navy after the reading of the bids
has begun except as provided in the "Late Bids and Modifications or
Withdrawals" provisions of this invitation. Discrepancies, ambigu-
ities, errors, or omissions to the bidding data should be reported
promptly to the office from which the data were obtained.
13. BID GUARANTY
(Applicable only to bids of $2,000 or more.) To assure the
execution of the contract and the performance and payment bonds,
each bidder shall submit with its bid a guaranty bond (Standard
Form. 24) executed by a surety company holding a certificate of
authority from the Secretary of the Treasury as an acceptable
surety, or other security as provided in paragraph 4 of instructions
to Bidders. Security shall be in the sum of 20 percent of the largest
amount for which award can be made under the bid submitted, but
in no case to exceed $3,000,000. The bid guaranty bond shall be
accompanied by a verifax or other facsimile copy of the agent's
authority to sign bonds for the surety company. -
14. CONTRACT AND BONDS -
(Applicable only to bids of $2,000 or more.) Within 10 days
after the prescribed forms are presented to him for signature. the
bidder to whom award is made shall enter into a written contract on
the form prescribed by the specification and shall furnish two
bonds, each with satisfactory security; namely-, a performance. bond
(Standard Form 25) and a payment bond (Standard form 25A).
The performance bond shall be in a penal sum equal to 100 percent
of the contract price. The payment bond shall be equal to 50
percent of the contract price, except that it shall be 40 percent of
the contract price if that price is more than $1,000,000 and not
more than $5,000,000, and in the fixed suite of $2,500,000 if the
contract price is more than $5,000,000. The bond of any surety
company holding a certificate of authority from the Secretary of
the Treasury as an acceptable surety on Federal bands will be
accepted. Individual sureties will be accepted if each such surety
deposits with the Contracting Officer cash, bonds, or notes of the
United States, or certified check drawn to the order of the Treasurer
of the United States, or such other security as the Contracting
Officer may deem necessary for the required amount of the
guaranty, under the agreement that the collateral so deposited shall
remain in the possession and control of the Treasurer of the United
States for at least one year after the completion of the-contract. The
contract time for purposes of fixing the completion date, default,
and liquidated damages shall begin to run 15 days from the mailing
of acceptance, regardless of when the formal contract and bonds are
executed.
15. NOTE THE AFFIRMATIVE ACTION REQUIRE-
MENT OF THE EQUAL OPPORTUNITY CLAUSE
WHICH MAY APPLY TO .THE CONTRACT RE-
SULTING FROM THIS SOLICITATION
16. NOTE THE CERTIFICATION OF NONSEGRE-
GATED FACILITIES IN THIS SOLICITATION
Bidders, offerors and applicants are cautioned to note the
"Certification of Nonsegregated Facilities" in the solicitation.
Failure of a bidder or offeror to agree to the certification will render
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Instructions to Bidders : April 1977
his bid or offer nonresponsive to the terms of solicitations involving
awards of contracts exceeding $10,000 which are not exempt from
the provisions of the Equal Opportunity clause. (1969 JAN)
17. LISTING OF EMPLOYMENT OPENINGS
Offerors should note that this solicitation includes a provi-
sion which will be included in the contract requiring the listing of
employment openings with the local office of the State employment
service system if the award is for $2,500 or more.
18. COST LIMITATIONS
A bid which does not contain separate bid prices for the
items identified as subject to a cost limitation may be considered
nonresponsive. A bidder by signing his bid certifies that each price
lid on items subject to a cost limitation include an appropriate
apportionment of all applicable estimated costs, direct and indirect,
as well as overhead and profit. Bids may be rejected which (i) have
been materially unbalanced for the purpose of bringing affected
items within cost limitations, or (ii) exceed the cost limitations
unless such limitations have been waived by the Assistant Secretary
of Defense (installations and Logistics) prior to award.
19. BIDS MUST SET FORTH FULL, ACCURATE, AND
COMPLETE INFORMATION AS REQUIRED BY
THIS INVITATION FOR BIDS (INCLUDING AT-
TACHMENTS). THE PENALTY FOR MAKING
FALSE STATEMENTS IN BIDS IS PRESCRIBED IN
18 U.S.C. 1001
20. BIDS-ACCEPTANCE PERIOD (1960 APR)
Bids offering less than the period of days specified for
acceptance by the Government from the date set for opening of bids
will be considered nonresponsive and will be rejected.
21. ADDITIVE OR DEDUCTIVE ITEMS (1968 APR)
If this invitation includes more than one bid item, the
following clause applies.
The low bidder for purposes of award shall be the conform-
ing responsible bidder offering the low aggregate amount for the
first or base bid item, plus or minus (in the order of priority listed in
the schedule) those additive or deductive bid items providing the
most features of the work within the funds determined by the
Government to be available before bids are opened. If addition of
another bid item in the listed order of priority would make the
award exceed such funds for all bidders, it shall be skipped and the
next subsequent additive bid item in a lower amount shall be added
if award thereon can be made within such funds. For example. when
the amount available is $100,000, and a bidder's base bid and four
successive additives are $85,000, $10,000, $8,000, $6,000, and
$4,000, the aggregate amount of the bid for purposes of award
would be $99,000 for the base bid plus the first and fourth
additives, the second and third additives being skipped because each
of them would cause the aggregate bid to exceed $100,000. In any
case all bids shall be evaluated on the basis of the same additive or
deductive bid items, determined as above provided. The listed order
of priority need be followed only for determining the low bidder.
After determination of the low bidder as stated, award in the best
interests of the Government may be made to him on his base bid
and any combination of his additive or deductive bid for which
funds are determined to be available at the time of the award,
provided that award on such combination of bid items does not
exceed the amount offered by any other conforming responsible
bidder for the same combination of bid items.
If the successful bid exceeds $10,000 and the contract is to
be executed on Standard Form 19, the clauses set forth in the
current Armed Services Procurement Regulation, paragraphs
11-401.1(b) (Federal, State, and Local Taxes) and 12.804(a) (Equal.
Opportunity) apply.
23. ? MODIFICATIONS PRIOR TO DATE SET FOR
OPENING BIDS
The right 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 amendment or
amendments to this Invitation for Bids. If the revisions and
amendments are of a nature which requires material changes in
quantities or prices to be bid or both, the date set for opening bids
may be postponed by such number of days as in the opinion of the
issuing officer will enable bidders to revise their bids. In such cases,
the amendment will include an announcement of the new date for
opening bids.
A parent company for the purpose of this offer is a company
which either owns or controls the activities and basic business
policies of the offeror. To own another company means the parent
company must own at least a majority (more than 50 percent) of
the voting rights in that company. To control another company,
such ownership is not required; if another company is able to
formulate, determine, or veto basic business policy decisions of the
offeror, such other company is considered the parent company of
the offeror. This control may be exercised through the use of
dominating minority voting rights, use of proxy voting, contractural
arrangements or otherwise.
25. EMPLOYER'S IDENTIFICATION NUMBER
(Applicable only to advertised solicitations.) The offeror shall
insert in the applicable space on the offer form. if he has no parent
company, his own Employer's Identification Number (E.I. No,)
(Federal Social Security Number used on Employer's Quarterly
Federal Tax Return, U.S. Treasury Department Form 941), or, if he
has a parent company, the Employer's Identification Number of his
parent company.
26. CERTIFICATION OF INDEPENDENT PRICE
DETERMINATION
(a) This certification on the offer form is not applicable
to a foreign offeror submitting an offer for a contract which
requires performance of delivery outside the United States, its
possessions, and Puerto Rico.
(b) An offer will not be considered for award where
(a)(1), (a)(3), or (b) of the certification has been deleted or
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The General Provisions (1-77) are hereby rrxr .ified as follo',qs:
a. the table of writ en s under: 22. Au1'.1" TIC)?'.~T;l"1 SEXSIfS.['k" delete' (1975 OCT) X and substitute (1976 . Ch."`P) the;zefhr.
b. In the table of contents under 45. /CCTMN,'r PRI , -1,*T'ICY.4 delete (1967 JUN)
and substitute (19/7 JUN) therefor.
Clause 45 ACCZi7Wr 'RCVVTMoI (1967 JUN) is hereby deleted and new
Clause 45 ACCIDENT PREVEfrCiV ? (1977 JUN) attached hereto is substituted
In the table of contents under 66, VALUE ENK TN " rNG -INCENr V' , c ele'te
?(1974 A PER) a substitute (1977 AUG thex-e tc>r:.
Clause 66 W.WE F..t~TGINEERt.NG INCENTIVE (1974 Arl?) is hereby. deleted and
ri a Clause 66 VAY..,tr_1 ENGINEERING I:NFCENT.TVE; (1977. t~!JG) attaches hereto
is substituted the:cefor.
d. In the table of contents under 1168. .RFQ UTR D INSURA' :f;, delete (1963 APR)
. and substitute (197 JAN) therefor.
Clause G8 I;F XJTRED, INSURANCE; (1968 APR) is hereby deleted and new
Clause 68 rnji.? ') INSURANCE (1971 JAN) attached hereto is substituted
therefor.
e. In the table of mnnte.nts under 79. C'n;Tr. arC_ R WAL-11n CX)NTROL (C QC)
'delete (6-72) and sv.bstit:ute (4--7 7) therefor.. .
Clause 79 CX7NTrACr'of QLY1,LITY ~)NTFC)L (Cc ,) (5-72) is hereby deleted
and new Clause 79 `TTRACTRoR QUALITY C1::,YrnoL (CQC) (4-77) attached
hereto is substituted therefor.
3.of5
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 a ~r ,~s arse W r?Ict~twa Zar.:tr controls t-+r ;{rrQU-COOn to the, sift ?tnt. health of employees and
otlrer ru:?nne r, -4.t...,. - ........, _ ,... and for
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Vriil'i All p::rtin ti PrOvi5Ion4 of Cerro of Engineers Manual, ,.M JAS-?t..l. dated 1 Jure 1977, en.
titled " Geneat Safety Requirements', as amended, and %.0 also take or cause to be taken such
additional measures as the Cn .t.-hctiis?! Officer may c"etermin#, to be reasonably necessity Yor this
purpose.
(b) The Contractor ?rill maintain an accurate record or. and will report to the Contracting t f
freer in this rnanncr anct On mot Conn: presctibed by the Contracting Officer, exposure data and all
accidcnis res,tt;;,g jr, ti,-ath, traumati injury, :scevpation;tl disease, and damage to property,
marcrials, supp'ics and c. ue; n;c:t. mncidc:;t to . ork performed under this contract:
(c) Thv Contracting Oi',iccr will notify the Contractor of ar.y noncompliance with the foregoing
provisions and t;iC action to to taken. The Contractor shall, after receipt of such notice, im-
mediately take corrective action. Such notice, when delivered to the Contractor or his representa-
tivc at the site of tl;c shall t'e deemed suff'cient for the purpose. if the Contractor fails or
refuses to cnrnply m-notty, the C.'o:rtracting f.'fficcr may issue an order stopping all or part of the
work unto satisfactcity corrective action as _. cn taken No part of the time lost due to any such
stop orders 511 4 !'c road. the sut;ect of claim for exterisi8n of tim or for excess costs or dzmag,es
by the Contractor.
(d) Comiriznt e with t},c t rh:ision c f this clause by zq!`c.outractors will be the responsibility
of the Conttsc:t?or
If the contract involves more than 6 months work or
is described as hazardous character in the Invitation for Bids,
Schedule, or Speclficatjons, the f"Qllowing paragraph (e) will
apply.
re) Prior to commencement of the work-the Contractor
66.
(1) submit in writing his proposals for
effectuating this provis.ion for ace:id= nt prevention;
(2) meet in conference with representatives of
the Contracting Officer "to discuss and develop mutual
understandings relative to administration of -,he over-all
safety Program. 7-602.42)
(a) Appfic.mon. T'rris cla:.sc attp:i" to a Contractor developed and documented Value En.
gineeting ch:in.e f'tryi'Jsai P) which:
(i ) ; -queer a change to } :s contract to implement the VECP; and
(ii) reduces tl'c cot'tra't prier without impairing essential function or characteristics?
prcvUed tha' is Ix n~-, based solely on a change in dclivctabte end item quantities.
(b) ft tinten:arirn. As a 'nin,num, the fo:'owing information shall be submitted by the Con-
tractor with each \'ECC?;
(i) e de:ec'rin'ion of tna difesence between the existing contract requirement and tha
ptopo ed change, and the comparative advantages and disadvantages of each; justifi.
cation where fvncuon or characteristics of a work item is being altered; and the af-
fct;t cf the change on the performance of the end item;
(ii) an ana!yskk and itetntraticn of the requirements of the contract which must be
changer; if the.'V"LC:P is icccptcd and a recommendation as to how to make each
Such change (e.g., a sug4e3ted s,eciftcation revision);
(iii) a separate detailed covet estimate for both the existing contract requirement and the
proposed change to provide an estimate of the reduction in colts. if any. that will
result from acceptance of the VECP, taking into account the costs of development
and irnpternentation by the Contractor (including any amount attributable to subcon-
tracts in accordance with paragraph (f) below);
(lv) a predicting of any effe:ts the proposed change would have on related costs to the
Mifit:try Department such as fiovernment furnished property, cos?, and costs of
maintenance and operation; -
VALUE ENCo NE1:5t1NG INCE.NTtVE (1977 AUG)
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 ,? 6, ..,VAI1U Fw(;tlill!_1EH1I1b itvt.Eiuive_ t i,i-i rtuu) t4Uti1xitutIJ1
elons:
t
eottuact price shall be adjusted without regard to profit in accordance with e a a g P
rind shalt not be subject to the "Disputes" clause of this contract.
(e) Sharing. If a VECP submitted by the Contractor pursuant to this clause is accepted, the
h f It win csrvi?
ra
?vt u con
th t
of the Contracting Officer ^s to the acceptance Qf any VECP under this contract Shall be fatal
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 stall remain obligated to perform in accordance
ct Contract modifications made pursuant to this clause will to state. The decision
h' t
t
ton any VCCP submitted pursuant to this clause. The Contracting _' ucer may acct:p e
V I a .,.....J ...... -- -. .. _
(d) Acceptance. The Contracting Officer may accept, in whole or in part. by contract modiftc4
h' VECP '
d
days, the ?CO shall promptly notify the Contractor of the esurnated decision alt sn p
reasons for the additional time required. The Contractor has the right to withdraw, in whole or in
peditlousfy. however, the Government shall not be usable for any delay in acting upon arty
proposal submitted pursuant to this clause. If the evaluation period is likely to exceed 45 calendar
d nxvidu Oro
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(v) a statement of the time by-which, a change order adopting the VECP rnus% be bled
eo as to tebtain the maximum cost reduction. during the remainder of this contracts
noting any effect on the contract completion time or delivery schedule: and
(vl) Identification of any previous tubm'imion of the VECP, including the dates submitted,
the agencies involved, the numbers of the Government contra?'ts involved, and the
previous actions by the Government, if known.
(a) Subrnlrsion. To expedite a determination. VECPs shall be submitted to the Resident Est.
inter at the worksita with a copy to the Contracting Officer. Proposals shall be processed etc?
VECP. The proposed cost reduction includes estimated allowable Contractor
development and implementation costs (CC). The Contractor's development
and implementatior costs include any subcontractor development and Imple-
mentation costs (see (f) below). For purposes of this clause, Contractor
development costs are those costs incurred after the Contractor has identified a
specific VE project and prior to acceptance and implementation by the Govern -
ment.
(0) Government Costs (GC) arc those DoD costs which directly result from
development and. implementation of the VECP, such as test and evaluation of
the VECP.
t
h
dd
wo
ese
t
(ii) Calculations and Anions. Multiply ICS .by 45% and GC by 55%. A
results a (45 ICS plus .55 GC) and subtract from the contract price. - .
the supporting data, submitted pursuant to this clause, in accoroance w-un mi; ;cross v. ?~??-
' ire t..onnet ;f it is marled on such sheet: - - -
f
aft made from the Contractor's, and not the Government 3, share c the saving g
the VECP.
with his subcontractors, provided that any payments to subcontractors under such arrangements
s restrain from
u
contractor. The Contractor may make whatever VE incentive payment arrangements he chooses'
of $S6,000 or greater, and may i:,cludc such arrangements in contracts of sewer valu- - .? -- .
,pute any adjustment in the Contract price under paragraph (e) above, the Contractor's cost of
development and implementation of a VECP which is accepted under this contract shall include
any development and implementation costs of a subcontractor which clearly. pertains to such
VECP b t shalt eizclude any VE incentive payments which the Contractor may make to a sub-
rrv t,.Y.?nn,r,n;rr TheContractoi shall include appropriate VE arrangements in any subcontract
"This data furnished pursuant to the Value Engineering incentive clause va
L ............ 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 VECP sub-
milted under said clause. This restriction does not limit the Government's right to use
Information contained in this data if it is or has been obtained, or is otherwise availa.
ble from the Contractor or from another source, without limitations."
that. with respect it) dal;i which qualities as in s su m tc a g
cordance with the clause of ASPR 7-104.9(a). the Government shall have the rights specified In
the contract modification referred to in paragraph (d) hereof and the data shalt be appropriately
in the event of acceptance of a VECP, the Contractor hereby grants to the Government unlimited
rights, as defined in the clause of ASPR 7-104.9(a). in the VECP and supporting data. except
d ' b ?t d s limited ri fits technical data in ac-
marked.
(7-602.5O)
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 60, RtQliiREU 1NSURl i1CL ('1977 UP1')
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(a). The Contractor shall procure and maintain during the
period of his performance under this contract the following
Type of Insurance
Comprehensive
General Liability
Automobile
Liability.
(Other as required by State law)
(b) Prior to the commencement of work hereunder,, the
Contractor shall furnish to the Contracting Officer a. certificate
or written statement of the above-required insurance. The
policies evidencing required insurance shall. contain an
`endorsement to the effect that cancellation or any material
change in the, policies adversely affecting the. interests of the
Government in such insurance .shall not be effective for such
period as.may be prescribed by the laws of the State in which
this contract is ,to he perforated and in no event less than
thirty (30)'days after written notice thereof -to'the Contracting
(c) The Contractor agrees to
clause, including this paragraph
(7-603.10)
insert the substance of-this,.
(c), in all subcontracts hereunder,.
79: CONTRACTOR QUALITY CONTROL (CQC) (4-77)
This clause applies only. when spccifii?ally required by the
specifications.
(a) The contractor shall provide a quality control ureani-
aation and systc.nt to perform inspections, tests,and retecting in the
event of failure of all items of work, including that of his subeon-
traetorsi to assure compliance with the contract provicionc; Ouatity
cor)trot will be established for all work. cscept,whcre spccitr pru-
visions of the contract provide (or Government irpprurals, inspec-
lions, and tests. The COC s}?stent will spccitiially include, but not
b limited to, the inspections and tests required in the technical
(rrosisions of the contract specifications and shall corer all coil-,
struction operations, including both on-cite and off-site fabrication.
(b) The contractor shall provide a COC rri+rcscntatire,
supplemented as necessary by additional pcisunnet, \\!?o shall he
on the wail. at all tittles during progtes's. with coniplate authority to
take any action necessary to ensure contpliantsr with the contract.
? The COC icprescntative shill lie appointed by a letter idtrv%sed to
him and signal by an officer of the firm. i'bis letter strait detail
the CQC tepresentativc's authority and responsibility to act for the
Contractor. The ('W.. repre.entalise shall report directly to an
officer of the firm, and shall not lie the same initividhral as, nor be
subordinate to. the job stil?crinlcndcnt or project nrinarer. 1'1w.
C+t,X repi sentifitie shall have no' job-relaled rcapotisihiluics other
(e) The contractor shall furnish four copies of the COC
plan to the Contracting (lffit.?er, within fifteen calendar days after
receipt of the Millet: of Award. 1 Ire COC plan dull ttetail the pro.
cedures, instructions; and repurtc to be useJ to assure cuumliancs
with the contract. Unless. specifically authorized by tile
C'untrutint
officer in writing. no construction will the started until the CQ(
plan is,upprovcd. ibis plan %t ill include, as a inininiutn:
(1) , A cup), of the letter appointing the COC rer
tesentailve, signed by an officer of the firnf.. outlinint. the COC
teiacsentalive's duties. responsibilities, and authority. This tenet
must include the authority to direct removal find rcplrcentcnt ul
(3) ; The quality control orr'tinization in char! form,
showing the relationship of the quality control organiiMiun to other
elements of ohs; firm.
(3) Nantes and quatifitatlons' of personnel in the
quality control organization,
(4).. Area of re'jtonsibitit} "and, votho,ity of carjt
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Workmen's 'As required
COVERAGE
Per Person Per Accident Pte,
$100,000 $300,000 $10,000
$100,000 . $300,000 $101,000
 (5) A listing of Outside Organizations such as testing
labotaturics. architects, and consulting col!incers that t ill he cm?
ploycd by the cunttaciur, and a description of the tersiccs these
Cirrus Will provide.
(6) Prdceciures for reviewing aft shop drawings.
sa-?tples, certificates, or Other suhtnittal, for contract compliance:
including the name of tilepcr+un(s) authurircd to sign the submittals,
for the contractor, as complying with the contract.
(7) An inspection schedule, keyed to the can;lruc-
titin schedule and following. the order of the siseciCication technical
. ctiuns. Indicating what inspections and tests will he performed,
procedures fur the inspections and tests.. the names of percons
responsible for the inspection and testing rot each segment of work,
and the lime schedule for cacti inspection and test,
(8) The procedures for documenting quality con-
trot operation. Inspection, and testing, with a copy of all forms and
rcpdrts to be used for this purpose. The contractor shall also ineiude
a submittal status to,: listing all submittals required by the spceifica-,
lions and stating the action required by the contractor or: the
Government. The contractor, shall complete columns (a) through (c)
of this log and name the persons authorized to review the.submittals:
(d) Inspection procedures shall include, as a minimum:
(t) Preparatory' Inspection. Preparatory Inspection
'hall be performed before beginning any work, and in addition,
Inspections
hall be performed daily. and mure frequrnrlc is nececsari. and
halt include continued tcstime and Clarltilia tions to more runtinued
'e)rnpllance with the contract'requirermenls.
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(c) At least five da)?s after the C'QC Plan ti submitted. but
before construction opsrations.arc starter-. the contractor shill meet
with the Contracting Officer and discuss the quality controlrequrrc-
ments. The purpose of the meeting shall be to develop a ntutc!a1
understanding relative to details of ello system. irr.tuJin,m'li,rnt? to
be used rot recurdin_" the quality c+nrttrtVt t'pcr rtitsns, Inspectb.rns,
tests, approvals, verlificatiuns, adnmmm;htratf,n of Ilia system. and
Government surveillance. l i t i: meeting sttallalscssdeveletp a schedule
for future weekly or hisseckly COC ineetinprs and shall cetablieh
procedures for submission of daily reports and curer records and
documents. ,
(1) The contractor shalt submit daily 'C.rcpurts to. the
Contracting Officer identifying prime and subcontractor personnel
and equipment on the site, slit' equipment and personnel. material
deliveries, weather conditions; work aeeumt4ishcd, inspections and
tests conducted, results of inspections and temtts. -nature of defects
found. causes for rejection. proposed remtcJial action, and corrective
actions taken, together with the following certification: "On behalf
of ilia contractor, I certify that this report iscoutrIcte?and correct,
and all materials and equipment used and work prerformcd during.
this reporting period ate in et'ntplianee with the contract plans and
specil.icatiuns. to the best Of mery knowlecl,:e. except, as noted abase.
This ccrtifitatiun shall be signed for the contractor by the authorized
CoC. rep rose n t a t ive..
. (g) Test results provided shalt efts" the contract require-
menus, the test or analysis procedures used.. and. the actlral tests
results, and include a statement that the itent tested or analysed
conforms or fails to conform to the sirccificatitsnt requiremnentc.
teach report shall be conspicuously stamped on the cover shat in
Luse red letters "CON1'O10tS" or "I)OiS NOT CONFORMI" to'
the specihc.mtion requirements as tire case fines be. .MI test reptulgS
shall be sie?ned by a testing laboratory- rsprescntativs? authotired to
sign certified lest repurts.The contractor shall arran_mc for immmnediate
and direct delivery of file signed ori~gifna l of aft reports, certifications,
and other docmm[lien tatioll to the Contracting Officer.;
(h) All subinitials. shop dra%vinrs. catalog cuts, sanmp jes.
etc., unless otherwise speciticille noted, shall 1* approved and
certified by the contractor as ,conforming to the drawimi rs and
specifications. four copies of all strop drawings# catalog cuts, or
uthen suhnlittats, ssith the contractor's approval indiitated thereon,
shall be sent to the Contracting Officer ssithirt one working day
of the contractor's approval.
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GENERAL PROVISIONS
(Construction Contract)
arnentied pursuant to the latest revisions of the Armed Services Procurement Regulation.)
(Provisions I through 31 are those prescribed by the Central Service, Administration in Standard Form 23-A (Rev, 475), as
1. DEFINITIONS (1964 JUN) ... ... ........ . .. ..
2. SPECIFICATIONS AND DRAWINGS (1964 JUN) .. . . . .
7. PAYMENTS TO CONTRACTOR (1976 MAR). ..
6. DISPUTES (1964 JUN) . . . . . . . . . . . .
S. TERMINATION FOR DEFAULT - DAMAGES FOR DELAY ?-- TIME EXTENSIONS (1969 AUG) .`.,
4. DIFFERING SITE CONDITIONS (1968 FEB) .. :...:
3. CHANGES (1968 FEB) , ... .. .. . .
8. ASSIGNMENT OF CLAIMS (1976 OCT). .. .. . ..
9. MATERIAL AND WORKMANSHIP (1964 JUN) . . .... .
10. INSPECTION AND ACCEPTANCE (1976 OCT) .... ... .. ... ... .
12. PERMITS AND RESPONSIBILITIES (1964 JUN) . .. . .... . .
13. CONDITIONS AFFECTING THE WORK (1964 JUN) ..
14. OTHER CONTRACTS (1964 JUN) ... ... . . . .
15. SHOP DRAWINGS (1976 OCT) . ... . .... ...... ..........
16. USE AND POSSESSION PRIOR TO COMPLETION (1976 OCT) ... ; .. ,..: . '. .
17. SUSPENSION OF WORK (1968 FEB) .... ...... ... .. .
18. TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (1974APR) .-. .
19. PAYMENT OF INTEREST ON CONTRACTORS' CLAIMS (1976 JUL)
20. PRICING OF ADJUSTMENTS (1970 JUL) ... .. ... . .
22. ADDITIONAL BOND SECURITY (1975 OCT) ... ...... .... . .. . f..
23. EXAMINATION OF RECORDS BY COMPTROLLER GENERAL (1975 JUN) ...
26. COVENANT AGAINST CONTINGENT FEES (1958 JAN)
24. BUY AMERICAN (1966 OCT) . ... . .. . .. ... .... .. .... .
T
28. CONVICT LABOR (1975 OC) .. . . . . .. . . ? .. .. . ? . ? . .
5 NESS CONCERNS 1958 AN
F SM
LL BU I
J )
27. OFFICIALS NOT TO.BENEFIT (1964 JUN) . . . .. .........
36. AUTHORIZATION AND CONSENT (1964 MAR) ....... ... .. ? . , . .:. .
35. NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (1965 JAN) . .
33. GRATUITIES (1952 MAR) .. .... ... ..... ... 3. .
32. CONTRACTOR INSPECTION SYSTEM (1964 NOV) . .., ....... ..... > . .
31. FEDERAL, STATE, AND LOCAL TAXES (1971 NOV) ...... , ..
.. ..... . 1 ... .. .
(
A
29. UTILIZATION O
30. UTILIZATION OF MINORITY BUSINESS ENTERPRISES (1971 NOV) .... :
111 _
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37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
5.2.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
73.
74.
75,
76.
77.
78.
79.
80.
81.
82.
83.
COMPOSITION OF CONTRACTOR (1965 JAN) ........ ........ .
SITE INVESTIGATION (1965 JAN) . .... . . . . . . . .:.. ...... . ? .
PROTECTION OF EXISTING VEGETATION, STRUCTURES, UTILITIES, AND' IMPROVEMENTS.
(1965 JAN) .. .. .. ........... . .. . ...
OPERATIONS AND STORAGE AREAS (1965 JAN) ........... ...... .... .
MODIFICATION PROPOSAL-PRICE BREAKDOWN (1968 APR),, .....:. ... ......
SUBCONTRACTORS (1972 FEB) .. . . .. .. ... ..... .. ? .
CLEANING UP (1965 JAN) .. .. .. . . . . ... .. .. . ..
ADDITIONAL DEFINITIONS (1965 JAN) .. ... . .. .... .. .
ACCIDENT PREVENTION (1967 JUN) . . .. . .. .... , . ... .
GOVERNMENT INSPECTORS (1965 JAN) .. . .. .. . .. .... .
RIGHTS IN SHOP DRAWINGS (1966 APR) ... . ....
12
:. .
PRIORITIES, ALLOCATIONS, AND ALLOTMENTS (1975 OCT) ................
12
.. .. 12 .
PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA-PRICE ADJUSTMENTS (1970 JAN)
INTSREST(1972 MAY) .. . . .. ... ... . ..... ... ... _ .
AUDIT BY DEPARTMENT OF DEFENSE (1975 JUN) . .. . .... . . .
SUBCONTRACTOR COST OR PRICING DATA--PRICE ADJUSTMENTS (1970 JAN)
GOVERNMENT FURNISHED PROPERTY (SHORT FORM) (1964 NOV) .. .
VARIATIONS IN ESTIMATED QUANTITIES (1968 APR) :...:.. ... ........
SALVAGE MATERIALS AND EQUIPMENT (1965 JAN) ...... ., .......... ... .
AVAILABILITY AND USE OF UTILITY SERVICES (1967 APR) ... .... .. .
MISPLACED MATERIAL (1965 JAN) .... . . . . . . . . . .
SIGNAL LIGHTS (1965 JAN) . .. . . . ... ? ..... . .
IDENTIFICATION OF EMPLOYEES (196.5 JAN) . .. . .. ... . ...... .... .
12
13
13
13
13
142
14
14
15
15
15
15
15
15
15
15
16
16
16
17
18
18
TIME EXTENSIONS (1965 JAN) .. .. ... . . . . .. . ... . .. ...
RESERVED .. ' .. . .. .
PROGRESS CHARTS AND REQUIREMENTS FOR OVERTIME WORK (.1965 JAN)
PERFORMANCE OF WORK BY CONTRACTOR (1965 JAN) .. .......... . .... ? . . . ... . .
LAYOUT OF WORK (1965 JAN) . .. . ... . . ..... .. ..... .
WARRANTY OF CONSTRUCTION (1974 APR) ... ........ . ... . . . ... .
VALUE ENGINEERING INCENTIVE (1974 APR) .. . . . . .
VALUE ENGINEERING COST COMPUTATION (1-75) .. .... .
REQUIRED INSURANCE (1968 APR) .. .... . . . .... .... .... . , .
GOVERNMENT REPRESENTATIVES (6-72) .. . . ... . . .. .. _ ? ?
SPECIFICATIONS AND DRAWINGS (6-72) . .. . .. .. .. . ....... .
PRECEDENCE (6-72) . ... . .. . . .... .. .. . . .. . .
ORAL MODIFICATION (6.72). .. . . . . ... . . .... ...... ..... .
NO WAIVER BY GOVERNMENT (6.72) . .. . . . .. .
SUPERSEDURE (6-72) . . . . . . . . . . . . . . . .. . .. .. . .
SANITATION (6-72) . . .. . . . . . . .. . . .. . .. . .. .
TESTING FOUNDATIONS (6-72) . . . . ... . . ..
PAYMENT TO CONTRACTOR (6-72) . .. . . . . .. .. .. . .
CHANGES BOARD AND ESTIMATES (,6-72) . .... .. . . .. .... .. ...... .
CONTRACTOR QUALITY CONTROL (CQC) (6.72) ... . . . .. . .............
DAMAGES FOR DELAY-DEFENSE MATERIALS SYSTEM AND PRIORITIES (6-72) .
SPECIFICATIONS AND STANDARDS (6-72) ... . .. . . .. ... . .......
SECURITY REQUIREMENTS (6-72) . . . . . ... . ..... . . . . . .
STATION REGULATIONS (6.72) ... .. . ... ..... .
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18
19
19
19
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19.
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.87. AS-BUILT RECORD OF MATERIALS USED IN BUILDINGS (6.72) .. .. ....... :. .
JANUARY 1977
84. ORDER OF WORK (6-72) . . .. .. . . . . ... . ...... .... ...... . . . .
85, SCHEDULE OF PRICES (6.72) . . . . . . . .. . . . . .... ...... . .
86. CONTRACTOR'S INVOICE AND CONTRACT PERFORMANCE STATEMENT (6.72)
88, OPTIONAL REQUIREMENTS (6-72) . .. . . .. . . . . . .. ... - ..
89. PROPOSED MATERIAL SUBMITTALS REQUIRED OF THE CONTRACTOR (6-72) ...
90. CATALOG DATA (6-72) .. . . . ... ... ...
91. SAMPLES (6.72) . . . . . . . .. . . . . . ... . . . . .
92. STORM PROTECTION (6-72) ... . .. . . ... ... . . . . . . . . .
93.. CONTRACTOR'S. DAILY REPORT (6-72) . . . . . . .
94. WORK OUTSIDE REGULAR HOURS (6-72) .. . .... .. .
95. EXISTING WORK (6-72) .. . . . . . .. . . . .. . .. .
96. SMALL BUSINESS SUBCONTRACTING PROGRAM (1976 OCT) ..
97. MINORITY BUSINESS ENTERPRISES SUBCONTRACTING PROGRAM (1971 NOV)
:
98. PREFERENCE FOR DOMESTIC SPECIALTY METALS (1972 NOV)
9'1.. ENVIRONMENTAL LITIGATION (12-74) ... . . . . . ...
100. COST ACCOUNTING STANDARDS (1975 FEB) .. . . . ... . ......
101. LOCAL AFFIRMATIVE ACTION PLAN (1972 DEC) (REVISED) ............
102. AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (1976 MAY) .......
103. CLEAN AIR AND WATER (1975 OCT) . . . . .. . . . .. . . .
104. EQUITABLE ADJUSTMENTS: WAIVER AND RELEASE OF CLAIMS (7-76) .. ...
105. AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF THE
VIET!-IAMERA (1976 11'1,1 . . . . . . . . . . . . . . .
106. ADMINISTRATION OF COST ACCOUNTING STANDARDS (1975 MAR) ...........
24
26
26
27
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GENERAL PROVISIONS
(Construction Contract)
(Provisions I through 31 are those prescribed by the General Services Administration in Standard Form.23-A (Rev,'4.75), as aniended.purauaist
to the latest revisions of the Armed Services Procurement Regulation.)
DEFINITIONS (1964 JUN)
(a) The term "head of the agency" or "Secretary" as used
herein- means, the Secretary, the Under Secretary, any Assistant
Secretary, or any bther' head or assistant head of the executive or
military department or other Federal agency; and the term "his duly
authorized representative" means any person or persons or board
(other thart? the Contracting Officer) authorized to act for the head
of the agency or the Secretary.
(b) Thy term "Contracting Officer" as used herein means
the person executing this contract on behalf of the Government and
includes a duly appointed successor or authorized representative.
(ASPR 7.602,1)
2. SPECIFICATIONS AND DRAWINGS (1964 JUN)
The Contractor shall keep on the work 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 either 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 his own risk.and expense. The Contracting
Officer shall furnish ' from time to. time such detail drawings and
other information as he. may consider necessary, unless otherwise
provided. (ASPR 7-602.2) .
3. CHANGES (1968 FEB)
(a) The, Contracting Officer may, at any; .'time, without
notice to the sureties. by written order designated,ur'indicatcd to be
a change order, make any change in the work within the general
scope of the contract, including but not limited ro changes:
designs!:
(ti):
(iii)
In the specifications (including drawings and!
In the method or manner of performance of the
In the G(,vernment-furnished facilities,
equipment. materials, 4ervi:es, or site: or
(iv) Directing acceleration in the performance of
(b) Any other written oroer or an oral order (sshich terms
as used in this paragraph iht shall incli,dc direction, instrocnon,
interpretation, or determinations iton) the Contracting Officer,
which causes any such chaugc, shall be treated as a change order
under this clause, provided that the Contractor gives the Contracting
Officer written r,ott:e st.iting the date.:trctinisiances, and source of
the order and that the Contractor regards the order as a change
order.
(c) . Except as herein provided, 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
(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 order, an equitable adjustment shall be made
and the . contract modified- in writing accordingly.. Provided,
however, That except for claims based on defective specifications,
no claim for any change under (b) above shall be allowed for any
costs incurred more than 20 days before the Contractor gives
written notice as therein required: And provided farther. that 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 such defective specifications, .
(e) If the Contractor intends: to assert a claim for an
equitable adjustment under this clause, he must, within 30 days
after receipt of a written change order under (a) above or the
furnishing of a written notice under (b) above, submit, to the
'Contracting Officer a written statement setting forth the general
nature and monetary extent of such claim, unless this period is
extended by the Government. The -statement of claim'. hereunder
may be included in the notice under (b) above,
(f) No. claim by the Contractor for an equitable
adjustment hereunder shall be allowed if asserted after final
payment under this contract. (ASPR 7-602.3)
4. DIFFERING SITE CONDITIONS (1968 FEB)
(a) The Contractor shall promptly,. and before such
conditions are disturbed, notify the Contracting Officer in writing
of: (1) subsurface or latent physical conditions at the site differing
matcrialls from those indicated in this contract, or (2) unknown
physical conditions at the site, of an unusual nature, differing
materially from those ordinarily encountered and generally
recognized as inhering in work of the character provided for in this
contract. The Contracting Officer shall promptly investigate. the
conditions,. and if he finds that such conditions do materially so
differ and cause an increase or decrease in the Contractor's cost of,
or the time required for. performance of any part of the work under
this contra: t, whether or nor changed as a result of such conditions.
an equitable adyisrnsent Shall be made and the contract modified in
writing a.cordingly. . .
(bi No claim of the Contractor under this clause shall be
allowed unless the Contractor has given, the notice required in a)
above, provided. however, the time prescribed therefor may he
extended by the Government.
(c) No claim by the Contractor .for an equitable
adjustment hereunder shall be allowed if asserted after final
payment under this contract. (ASPR 7.602.4)
5. TERMINATION FOR DEFAULT-DAMAGES FOR
DELAY-TIME EXTENSIONS (1969 AUG)
(a) If the Contractor refuses or fails to prosecute' the
work, or any separable parr thereof, with such 'diligence as will
insure its completion within the time specified in this contract, or
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any extension thereof, or fails to complete said work within such
time. the Government may. by written notice to the Contractor,
terminate his right to proceed with the work or such part of the
work as to which there has been delay. 'in such 'event the
Government may take over the work and prosecute the same to
completion, by contract or otherwise, and may take possession of
and utilize in completing the work such materials, appliances, and
plant as may be on the site of the work and necessary therefor.
Whether or not, the Contractor's right to proceed with the work is
terminated, he and his sureties shall be liable for any damage to the
Government resulting from his refusal or failure to complete the
work within the specified time.
(b) If fixed and agreed liquidated damages are provided in
the contract and if the Government so terminates the Contractor's
right to proceed, the resulting damage will consist of such liquidated
damages until such reasonable time as may be. required for final
completion of the work together with any increased costs.occa?
sioned the Government in completing the work.
(c) If fixed and agreed liquidated damages areprovided.in
the contract, and if the Government does not so terminate the
Contractor's right to proceed. the resulting damage will consist of
such liquidated damages until the wurk is completed or accepted.
,_(d) The . Contractor's right to proceed shall not be so
terminated not the Contractor charged with resulting damage if:
(1) The delay in the completion of the work arises
frum unforeseeable causes beyond the control and without the fault
or negligence of.the Contractor, including but nor restricted to, acts
of God, acts of the public enemy. acts of the Government in either
its sovereign or contractual capacity. acts of another contractor in
the performance of a contract with the Government, tires, floods.
epidemics, quarantine restrictions, Strikes, freight embargoes. un-
usually severe weather, or delays of subcontractors or suppliers
arising from unforeseeable causes beyond the control and without
he fault or negligence of both the Contractor and such subcon-
tractors or suppliers: and
(2) The Contractor, Within Itt days from the
begirining of any such delay (unleec the Contracting Officer grants a
further period of-time before the date of final payment under the
contract), notifies the Contracting Officer in writing of the causes of
delay.
The Contracting Officer' shall ascertain the facts aird' the
extent of the delay and extend the time for completing the work
when, in his judgment.-the findings of fact justifior?uch an extension.
and his findings of fact shall be final and conclusive on the parties.
subject only to appeal as provided in the "Disputes" clause of this
? contract, .
(e) . If, after notice of termination of the Contractor's right
to proceed under the provisions of this clause. it is determined for
any reason that the Contractor was not in default under the
provisions of this clause. or,that the delay was excusable under the
provisions of this clause, the rights and obligations of the parties
shall, if the contract contains a clause providing for termination for
convenience of the Government. be the same as if the notice of
termination had been issued pursuant to such clause. If. in the
foregoing circumstances. this contract does not contain a clause
providing for termination for cuiivenience of time. Government, the
contract shall be equitably adjusted to compensate for such
termination and the contract modified accordingly: failure to agree
to any such adjustment shall be a dispute. concerning a question of
fact within the meaning of the. clause of this contract entitled
"Disputes." .
(f) The rights and remedies of the Government provided
in this clause are in addition to any other rights and remedies
provided by law or under this, contract.
(g) As used in paragraph (d)(1) of this clause, the term
"subcontractors or suppliers" means subcontractors or suppliers at
any tier. (AS.PR 7.602.5)
6.. DISPUTES (1964 JUN)
(al . Except as. otherwise provided in this contract, any
dispute concerning a question of fact arising under this contract
which is not disposed of by agreement shalt be decided by the
Contracting Officer, who shall reduce his decision to writing and
mail or otherwise furnish. a copy thereof to the Contractor, The'
decision of the Contracting Officer shall be -final and conclusive
unless, within 30 days from the date of receipt of-such copy, the
Contractor mails or otherwise furnishes to the Contracting officer a
written appeal addressed to the head of the agency involved. The
decision of the head of the 'agency or his duly authorised
representative for the determination of such appeals shall be final
and conclusive. This provision shall not be pleaded in. any suit
involving a question of fact arising under this contract as limiting
judicial review of any such decision to'cases where fraud by such
official or his representative Or board is alleged- Provided. however,
that any such-decision shall be final and conclusive unless the same
is fraudulent or capricious or arbitrary or so grossly erroneous as
necessarily to imply bad faith or-is not supported by substantial
evidence. In connection with any appeal proceeding under this
clause, the Contractor shall be afforded an opportunity to be heard
and to offer evidence in support of his appeal. Pending final decision
of a dispute hereunder.. the Contractor shall proceed diligently with
the performance of the contract and in accordance with the
Contracting Officer's decision..
(b) This "Disputes" clause does not preclude consider.
ation of questions of law in connection with decisions provided for
in paragraph (a) above. Nothing in this.contraet. however, shall be
construed as making final the decision of any administrative official.
representative. or board on a question of law. (ASPR 7-6022.6)
7. PAYMENTS TO CONTRACTOR (1976 MAR)
ai The Government will pay the. contract price as
hereinafter pro ided.
(b; The Government' will make progress payments
monthly as the work proceeds, or at more frequent intervals as
determined by the Contracting-Officer, on estimates approved by
the Contracting Officer. I f requested by the Contracting Officer, the
Contractor shall furnish a breakdown of the total contract price
showing the amount included therein for each principal category of
the work, in such detail as requested, to provide a basis for deter-
mining progress payments. In the preparation.' of 'estimates the
Contracting Officer, at his discretion, may authorize material
delivered on the site and preparatory work done to be taken into
consideration. Material delivered -to the Contractor at locations
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other than the site may also be taken into consideration (1) if such
consideration is specifically authorized by the contract and (2) if
the Contractor furnishes satisfactory evidence that he has acquired
title to such material and that it will be utilized on the work covered
by this contract.
(c), in "making such progress payments, there shall be re-
tained 10 percent of the estimated amount until final completion
and acceptance of the contract work. However, if the Contracting
Officer finds that satisfactory progress was achieved during any
period for which a progress payment is to be made, he may autho?
rize such payment to be made in full without retention of a
percentage. Also, whenever the work is substantially complete, the
Contracting Officer shall retain an amount he considers adequate for
protection of the Government and, at his discretion, may release. to
the 'Contractor all or a portion of any excess amount. Furthermore,
on completion and acceptance of each separate building, public
work, or other division of the contract, on which the price is stated
separately in the contract, payment may be made therefor without'
retention of a percentage.
(d) All material and work covered by progress payments
made shall thereup become the sole property of the Government,
but this provision shall not be construed as 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 as waiving the right of the Government to require the fulfillment
of all of the terms of the contract.
(e) Upon completion and acceptance of all work, the
amount due the Contractor under this contract shall be paid upon
the presentation of a property executed voucher and after the
Contractor shall have furnished the Government with a release of all
claims against the Government arising by virtue of this contract,
other than claims in stated amounts as may be specifically excepted
by the Contractor from the operation of the release. If the Contrac.
tot's claim to amounts payable under the contract has been assigned
under the Assignment of Claims Act of 1940, as amended (31
U.S.C. 203, 41 U.S.C. I S1, a release may also be required of the
assignee, (ASPIC. 71-602.7).
ASSIGNMENT OF CLAIMS (1976 OCT)
(al Pursuant to the provisions of the Assignment of
Claims Act of 1940. a amended (11 U.S.C. 203. 41 U.S.C. 15). if
this contract provides for payments aggregating 31,00( or more,
caims for moneys due or to become due the Contractor from the
Government under this contract may be assigned to a -bank, trust
company, or other financing institution, including any Federal
lending ? agency. and may thereafter be further assigned and
reassigned to any such institution, Any such assignment or
reassignment shall cover all amounts payable under this contract and
not already paid, and shall not be made to more than one party,
except that any such assignment or reassignment may be made to
one party as agent or trustee for two or more parties participating in
such financing. Unless otherwise provided in this contract, payments
to an assignee of any moneys due or to become due under this
contract shall not, to the extent provided in said Act, as amended,
be subject to reduction or setoff. (The preceding sentence applies
only if this contract is made in time of war or national emergency as
defined in said Act; and is with the Department of Defense, the
General Services- Administration, the Energy Research and
"Development Administration, the National Aeronautics and Space
Administration, the Federal Aviation Administration, or any other
department or agency of the United States designated by the
President pursuant to Clause 4 of the proviso of Section I of the
Assignment of Claims Act of 1940, as amended by the Act of May
15, 1951, 65 Stat. 41.)
(b) In no event s)iall copies of this cotttrset'or of any
plans, specifications, of other similar documents relating to work
under this contract, . if marked "Top S'ecrot.1.1 "Secret" or
"Confidential," ' be furnished to any assignee of'atty`claim arising
under this contract or -to any other person not entitled to receive
the same. However, a copy of any past or all of this contract so
marked may be, furnished, or any information contained therein
may be disclosed: to such assignee upon the prior written autho-
rization of the Contracting Officer.(ASPR 7.602.8),
9. MATERIAL AND WORKMANSHIP 11964 JUN)
(a) Unless otherwise specifically provided in this contract,
all equipment. material. and articles incorporated in the work
covered by this contract are to be new and of tike most suitahle
grade for the purpose intended. Unless otherwise speeitioally
provided in this contract; reference to any equipment, material,
article, or patented process,, by trade name, make, or catalog
number, shall be regarded as establishing a standard of quality- and
shall not be construed as limiting competition, and the Contractor
may at his option, use any equipment, materiel, article, or process
which, in the judgement of the Contracting Officer? is equal to that
named. The Contractor shall furnish to the Contracting Officer for
his approval the name of the manufacturer. the model number, and.
other identifying data and information respecting the performance;
capacity. nature, arid-rating of the machinery and -mechanical and
other equipment which the Contractor contemplates inenrpt,rating
in the work, When required'by this. contract or when called for by
the Contracting Officer, the Contractor shall furnish the Contracting
Officer for approval full information concerning the material or
articles which. he contemplates incorporating in the work. When so
directed. samples shall be submitted for approval at she Contractor's
expense; with all shipping charges prepated i Machinery, equipment,
material, and articles installed ter used without required approval
shall be at the risk of subsequent rejection.
(b) All work under this contract shall be performed in a
skillful and workmanlike manner. The Contracting,0ffiter may, in
writing, require the Contractor to removd from. the work any
employee the Contracting Officer deems incompetent, carelc+s, or
10.. INSPECTION AND.AC?cEPTANCE(i976.OC1)
-(a) All work (which terrn includes bsii is not restricted to
materials, workmanship, and manufacture -and fahricatinn"`ot
components) shall be subject to inspection -and test by the t:,ov-
ernment at all reasonable times and at all places prior to acceptance
Any such inspection and- test- is. for - the sole benefit of the
Government and shall not relieve the Contractor of the responsi-
bility of providing quality control measures to assure that the w?ot k
strictly complies with the contract requirements. No insl+eeti"i or
test by the Government shall be construed as constituting or
implying acceptance. . inspection or test 'shalt not relieve the
Contractor of responsibility for damage to or loss, of the material
prior to acceptance, nor in any way affect the continuing rights of
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the Government after acceptance of the completed work under the
terms of paragraph (f) of this clause, except as hereinabove
provided, .
(b) The Contractor shall, without charge, replace any
material or correct any workmanship found by the Government not
to conform to the contract requirements, unless in the public
interest the Government. consents to accept such material or
workmanship with an appropriate adjustment in contract price. The
Contractor shall promptly segregate and remove rejected material
from the premises
(c) If the Contractor does not promptly replace rejected
material or correct rejected workmanship, the Government (1) may,
by contract or otherwise, replace such 'material or correct such
workmanship and charge the cost thereof to the Contractor, or (2)
may terminate the Contractor's right. to proceed in accordance with
the clause of this contract entitled "Termination for
Default-Damages For Delay-Time Extensions."
(d) , The Contractor shall furnish promptly, without addi.
tional charge, all facilities, labor, and material reasonably needed for
performing such safe and convenient inspection and test as may be
required by the Contracting Officer. All inspection and test by the
Government shall be performed in such manner as not unnecessarily
to delay the work. Special, full size, and performance tests shall be
performed las described in this contract The Government reserves
the right to charge to the Contractor any additional cost of in-
spection dr test when material or workmanship is not ready at the
time specified by the Contractor, for inspection or test or when
reinspection or retest is necessitated by prior rejection..
(e) Should it be considered necessary or advisable by the
Government at any time before acceptance of the entire work to
make an examination of work already completed, by removing or
tearing out same, the Contractor shall, on request, promptly furnish
all necessary facilities, labor, and material. If such work is found to
be defective or nonconforming in any material respect, due to the
fault of the Contractor or his subcontractors, he shall defray all the
expenses of such examination and of satisfactory reconstruction. If,
however, such work is found to meet the requirements of the
contract, and equitable adjustment shall be made. in the contract
price to compensate the Contractor for the additional services
involved in such examination and reconstruction and, if completion
of the work has been delayed thereby, he shall. in addition, be
granted a suitable extension of time.
(f) Unless otherwise provided in this contract, acceptance
by the Government shall be made as promptly as practicable after
completion and inspection of all work required by this contract, or
that portion of the work that the Contracting Officer determines
can be accepted separately. Acceptance shall be final and conclusive
except as regards latent defects. fraud, or such gross mistakes as may
amount to fraud, or.as regards the. Government's rights under any
11. SUPERINTENDENCE BY CONTRACTOR
(1976 OCT)
The Contractor, at all times during performance and until the
work is completed and accepted, shall give his personal
superintendence to the work or have on 'the work a competent
superintendent, satisfactory to the Contracting Officer and with
authority to act for the Contractor.(AsSPR 7-602.12)
12. PERMITS AND RESPONSIBILITIES (1964 JUN)
The Contractor shall, -without additional expense to the
Government, be responsible for obtaining any necessary licenses and
permits, and for complying with any applicable Federal, State, and
municipal laws, codes, and regulations, in donnection with the
prosecution of the work.. He shall be similarly responsible for all
damages to persons or property that occur as a result of his fault or
negligence. He. shall take proper safety and health precautions to
protect the work, the worker's, the public, and the property of
others. He shall also be responsible for all materials delivered and
work performed until completion and acceptance of the entire
construction work, except for and completed unit of construction
thereof which theretofore may have been accepted. (ASPR
7-602.13) .
13. CONDITIONS AFFECTING THE WORK (1964
JUN)
The Contractor shall be responsible for having-taken steps
reasonably necessary to ascertain the nature and location of the
work, and the general and local conditions which can affect the
work or the cost thereof. Any 'failure by the Contractor to do so
will not relieve him from responsibility for successfully performing
the work without additional expense. to the Government, The
Government assumes no responsibility for any understanding or
representations concerning conditions made by any of its officers or
agents prior to the execution of this contract, unless such
understanding or representations by the Government are expressly
stated in the contract. (ASPR 7-602.14)
14. .OTHER CONTRACTS (1964 JUN):
The Government may undertake or award other contracts for
additional work, and the Contractor shall fully cooperate with such
other contractors and Government employees and carefully At his
own work to such additional work as may be directed by the
Contracting Officer. The Contractor shall not commit or permit any
act which will interfere with the performance of work by any other
contractor or by Government employees. (ASPR 7-602,15)
15. SHOP DRAWINGS (1976 OCT)
(a) The term "shop drawings" includes drawings, dia-
grains, ? layouts. schematics,. descriptive literature, illustrations.
schedules, 'performance.. and data, and similar materials furn-
ished by the Contractor to explain in detail specific portions of the
work required by the contract -
(b) 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 his 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 resub.
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mission. The Contracting officer will indicate his approval or disap-
proval of the, shop drawings and if not approved as submitted shall
indicate his reasons therefor. Any work done prior to such approval
shall be at the Contractor's risk. Approval by the Contracting
Officer shall not relieve the- Contractor from any responsibility for
any errors or omissiv'n. in such drawings. nor from responsibility for
complying with the requirements of this contract, except with re-
spect to variations described and Approved in ic) below.
(c) If shop drawings show variations from the contract
rC4uireinents, 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(s), he shall issue
an appropriate contract modification, except that, if the variation is
minor and does. not involve a change in price or time of perform.
ante, a modification need not he issued.
(d) The Contractor shall submit to the Contracting Officer
f6t approval four copies (unless otherwise indicated herein) of all
shop drawings as called for under the various headings of these
specifications. Three sets (unless otherwise indicated herein) of all
shop drawings will be retained by the Contracting Officer and one
set will he returned to the Contractor. (ASPR 7-602.54(a)l
.16. USE AND POSSESSION PRIOR TO COMPLETION
(1976 OCT)
The Government shall have the right to take possession of or
use any completed or partially completed part of the work. Prior to
such possession or use, the Contracting Officer shall furnish the
Contractor An itemized list of work remaining to be performed or
corrected on such portions of the project as are to be possessed or
used by the Government. provided that failure to list any item of
w,,rk shall not relieve the Contractor of responsibility for compli-
ance with the terms of the contract. Such possession or use shall not
be deemed an acceptance of any work under the contract. While the
Government has such possession or use, the Contractor, notwith?
standing the provisions of the clause of this contract entitled
"Permits and Responsibilities," shall be relieved of the responsibility
for the loss or damage to the work resulting from the Government's
possession or use, If such prior possession or use by the Government
delays the progress of the work or causes additional expense to the
Contractor. an equitable adjustment in the contract price or the
time of completion will be made and the contract shall be modified
in writing accordingly. (ASPR 7-602.39)
17. SUSPENSION OF WORK (1968 FEB)
(a.) The Contracting Officer may order the Contractor in
writing to suspend. delay, or interrupt all or any part of the work
for such period of time as he may determine to be appropriate for
the convenience of the Government.
(b) If the performance of all or any part of the work is,
fur an. unreasonable period of time. suspended, delayed, or
interrupted by an act of the Contracting Officer in the adminis-
tration of this contract, or by his failure to act within the time
specified in this contract (or if no time is specified, within a.
reasonable time); an adjustment shall be made for any increase in
the cost of performance of - this contract (excluding profit)
necessarily caused by such 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 (1) that 'perfor-
mance would have been so suspended delayed, 'or interrupted by
any other cause, including the fault or negligence of the Contractor
or (2) for which an equitable adjustment is provided for or excluded
under any other provision of this contract.
(c) No claim under this clause shall be altawed (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 such suspension. delay, or interruption, but not later
than the date of final payment under the contract. (ASPR 7402:46)
18. TERMINATION FOR ? CONVENIENCE OF THE
GOVERNMENT (1974 APR)
(a) The performance of work under this conttsct may be.
terminated by the Government in accordance with this clause in
whole, or from time to time in part, whenever the-Contracting
Officer shall determine that such termination is in the best interest
of the Government. Any such termination shall be effected by
delivery to the Contractor of a Notice of Termination specifying the
extent to which performance of work under the contract is
terminated, and the date upon which such termination becomes
(b) After receipt of a Notice of Termination, and except
as otherwise directed by' the Contracting Officer, the C+ ntractor
shall: j'..
(i) stop work under the contract on tha date and
to the extent specified in the Notice of Terminations
(ii) place no further orders or subcontracts for
materials, services or facilities, except. as may be necessary for
completion of such portion of the work under the contract as is not
terminated:
(iii) terminate all orders and subcontracts to the
extent that they relate to the performance of work terminated by
the Notice of Termination;
(iv) assign to the Government, in the manner, at thei
times. and to the extent directed by the Contracting Officer, all of,
the right, title, and interest of the Contractor under the orders and
subcontracts so terminated, in which 'case the Government shall
have the right, in its discretion, to settle or pay 4nyy or all claims
arising out of the termination of such orders and subcontracts:
(v) settle all outstanding liabilities and all claims
arising out of such termination of orders and subcontracts with the
approval or ratification of the Contracting Officer.. to the: extent he
may require. which approval or ratification shall be final (pr all the
purposes of this clause:
(vi) transfer title and deliver to the Government, in
the manner, at the times, and to the extent, if any. directed by the
Contracting Officer,' (A) the fabricated or unfabrieated parts, work
in process, completed work, suppiles, and othW matkrial produced
as a part of. or acquired in connection with the performance o(.'che
work. terminated by the 'Notice of Terminatioand (6) the.
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completed or partially completed plans, drawings, information, and
other property which, if the contract had been completed, would
have been required to bs furnished to the Government;
(vli) use his best efforts to salt, in the manner, at the
times, to the extent, and at the price or prices directed or
authorized by the Contracting Officer, any property of the types
referred to in (vi) above;provided, however, that the Contractor (A)
shall not be required to extend. credit to any purchaser, and (B) may
acqulra any such property under the conditions. prescribed by and at
a price at prices approved by the Contracting Officer, and provided
furiher that the proceeds of any such transfer or disposition shall be .
applied in reduction of any payments to be made by the
Government to the Contractor under this contract or shall otherwise
be credited to the price or cost of the work covered by this contract
or paid in such other manner as the Contracting Officer may direct;
(viii) complete performance of such part of the work
as shall not have been terminated by the Notice of Termination; and
(ix) take such action as may be necessary, or as the
Contracting. Officer may direct, for the protection and preservation
of the property related to this contract which is in the possession of
the Contractor and in which the Government has or may acquire
any Interest..
At ant time after expiration of the plant clearance period, as
defined in Section Vill, Armed Services Procurement Regulation, as
it may be amended from rime to time, the Contractor may submit
to the Contracting Officer a list, certified as to quantity and quality,
of any or all items of termination inventory not previously disposed
of, exclusive of items the disposition of which has been directed or
authorized by the Contracting Officer, and may request the
Government to remove such items or enter into a storage agreement
'covering them. Not later than fifteen (15) days thereafter, the
Government will accept title to such items and remove them or
enter into a storage agreement covering the same; provided, that the
list submitted shall be subject to verification by the Contracting
Officer upon removal of the items, or if the items are sorted, within
forty fire (45) days from the date of submission of the list, and any
necessary adjustments to correct the list as submitted shall be made
prior to futal.settlemerit.
(c) After receipt of a Notice of Termination, the Con-
tractor shall submit to the Contracting Officer his termination
claim, in the form and with certification prescribed by the
Contracting Officer. Such claim shall be submitted promptly but in
no event later than one year from the effective date of termination,
unless one or more extensions in writing are granted by the
Contracting Officer, upon request of the Contractor made in writing
within such one year period or authorized extension thereof.
However, if the Contracting officer determines that the facts justify
such action, he may receive and act upon any such termination
claim at any time after such one year period or any extension
thereof. Upon failure of the Contractor to submit his termination
claim within the time ? allowed, the Contracting Officer may
determine, on the basis of information available to him, the amount,
if any, due to the Contractor by reason of the termination and shall
thereupon pay to the Contractor the amount so determined.
(d) Subject to the provisions of paragraph (c), the
Contractor and the Contracting Officer may agree upon the whole
cc any part of the amount at amounts to be paid to the Contractor
by reason of the total or partial termination of work pursuant to
,this clause, which amount or amounts may include a reasonable
allowance for profit on work done; p ovld d that such agreed
amount or amounts, exclusive of settlement costs, shall not exceed
the total contract price as reduced by the amount of payments
otherwise made and as further reduced by the contract price of
work not terminated. The contract shall be amended accordingly,
and the Contractor shall be paid the agreed amount. Nothing in
paragraph (e) of this clause, prescribing the amount to be paid to
the Contractor in the event of failure of the Contractor and the
Contracting Officer to agree upon the whole amount to be paid to
the Contractor by reason of the termination of work pursuant to
this clause, shall be deemed to limit, restrict, or otherwise determine
or affect the amount or amounts which racy be agreed upon to be
paid to the Contractor pursuant to this paragraph (d).
(e) . In the event of the failure of the Contractor and thei
Contracting Officer to agree, as provided: in paragraph (d), upon the
whole amount to be paid to the Contractor by reason of the
termination of work pursuant to this clause, the Contracting Officer
shall pay to the Contractor the amounts determined: by the
Contracting Officer as follows, but without duplication of any
amounts agreed upon in accordance with paragraph (d).
(i) with respect to an contract -work performed
prior to the effective date of the Notice of Termination, the total
(without duplication of any items) of-
(A) _ the cost of such work;
(B) the cost of settling and paying claims
arising out of the termination of work
under subcontracts or orders as provided
in paragraph (b)(v) above, exclusive of
the amounts paid or payable on account
of supplies or materials delivered or
services furnished by the subcontractor
prior to the effective' date of the Notice
of Termination of Work under this con,
tract, which amounts shall be included in
the cost on account of which payment is
made under (A) above; and
(C) *. a sum, as profit on (A) above, deter-
mined.by the. Contracting Officer pur.
suant to 8-303 of the Armed Services
Procurement Regulation, in effect as of
the date of execution of this contract, to
be fair and reasonable; provided, how.
ever, that if it appears that the Con-
tractor would have sustained a loss on
..the entire contract had it been com-
pleted. no profit shall be included or
allowed under this subdivision (C) and
an appropriate, adjustment shall be made
reducing the amount of the settlement
to reflect the indicated rate of loss; and
(ii) the reasonable cost of _ the preservation . and
protection of property incurred pursuant to paragraph (b)(ix)-, and -.:
any other reasonable cost incidental to termination of work under
this contract, including expense incidental to,.the determination of
the amount due to the Contractoras the result of the'termination of
work under this contract.
The total sum to be paid :tq the Contractor .under (l) above shall not
exceed the total contract price as seduced by the 'amount of
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payments otherwise made and as further reduced by the contract
price of work not terminated. Except for normal spoilage,- and
except to the extent that the Government shall have otherwise
expressly assumed the risk of loss, there shall be excluded from the
amounts payable to the Contractor under (i) above, the fair value, as
determined by the Contracting officer, of property which is
destroyed, lost, stolen, or damaged so as to become undeliverable to
the Government or to a buyer pursuant to paragraph (b)(vii).
(f) Costs claimed, agreed to, or determined. pursuant to
(c),(d),(c), and (i) hereof shall be in accordance with Section XV of
the Armed Services Procurement Regulation as in effect on the date
of this contract.
(g) The Contractor shall have the right of appeal, under
the clause of this contract entitled "Disputes", from any determina-
tion made by the Contracting Officer under paragraph (c),(c), or (i)
hereof, except that if the Contractor has failed to submit his claim
within the time provided in paragraph (c) or (i) hereof, and has
failed to request extension of such time, he shall have no such right
of appeal. In any case where the Contracting Officer had made a
determination of the amount due under paragraph (c),(e) or (i)
-hereof, the Government shall pay to the Contractor the following:
(i) if there is no right of appeal hereunder or if no timely appeal has
been taken, the amount so determined by the Contracting Officer,
or (ii) if an appeal has been taken, the amount finally determined on
much appeal.
(h) In arriving at the amount. due the Contractor under
this clause there shall be deducted (i) all unliquidated advance or
other payments on account theretofore made to the Contractor,
applicable to the terminated portion of this contract, (ii) any claim
which the Government may have against the Contractor in
connection with this contract, and (iii) the agreed price for, or the
proceeds of sale of, any materials. supplies, or other things acquired
by the Contractor or sold, pursuant to the provisions of this clause,
and not otherwise recovered by or credited to the Government.
(i) If the termination hereunder be parrial,.the Contractor
may file with the Contracting Officer a claim for an equitable
adjustment of the price or prices specified in the contract relating to
the continued portion of the contract (the portion not terminated
by the Notice of Termination), and such equitable adjustment as
may be agreed upon shall be made in such price or prices. Any claim
by the Contractor for an equitable adjustment under this clause
must be asserted within ninety (90) days from the effective date of
the termination notice, unless an extension is granted in writing by
the Contracting Officer.
(j) The Government may from time to time, under such
terms and conditions as it may prescribe, make partial payments and
payments on account against costs incurred by the Contractor in
connection with the terminated portion of this contract. whenever in
the opinion of the Contracting Officer the aggregate of such
payments shall be within the amount to which the Contractor will
be entitled hereunder. If the total of such payments is in excess of
the amount finally agreed or determined to be due under this clause,
such excess shall be payable by the Contractor to the Government
upon demand, together with interest computed at the rate estab.
lished by the Secretary of the Treasury pursuant to Public Law
92-41, 85 STAT 97 for the Renegotiation Board, for the period
from the date such excess payment is received by the Contractor to
the date on which excess is repaid to the Government; provided,
however, that no interest shall be charged with respect to any such
excess payment attributable to a reduction in the Contractor's claim
by reason of retention or other disposition of termination inventory
until ten days after the date of such retention or disposition, or such
later date as determined by the Contracting Officer by reason of the
circumstances,
(k) Unless otherwise provided for in this contract, or by
applicable statute, the Contractor shall-from the effective date of
termination until the expiration of three years after final settlement
under this contract-preserve and make available to the Government
at all reasonable times at the office of the Contractor but without
direct charge to the Government, all his books, records, documents
and other evidence bearing on the costs and expenses of the
Contractor under this contract and relating to the work terminated
hereunder, or, to the extent approved by the Contracting Officer,
photographs, microphotographs, or other authentic reproductions
thereof. (ASPR 7.602.29(a))
19. PAYMENT OF INTEREST ON CONT'ICTORS'
CLAIMS (1976 JUL)
(a) If an appeal is filed by the Contractor from a final
decision of the Contracting officer under the DISPUTES clause of
this contract, denying a claim arising under the contract, simple
interest on the amount of the claim finally determined owed by the
Government shall be payable to the Contractor. Such interest shall
be at the rate established by the Secretary of the Treasury pursuant
to Public Law 92.41; 85 STAT 97, from chic date the Contractor
furnishes to the Contracting Officer his written appeal under the
DISPUTES clause of this. contract, to the date of (i) a final
judgment by a court of competent jurisdiction, or (ii) mailing to the
Contractor of a suppletriental agreement for execution either
confirming completed negotiations between the parties or carrying
out a decision of a board of contract appeals.
(b) Notwithstanding (a) above, (i) interest.shall be, applied
only from the date payment was due, if such date is later than the
filing of appeal; and (ii) interest shall not be paid for any period of
time that the Contracting Officer determines the Contractor has
unduly delayed in pursuing his remedies before a board of contract
appeals or a court of competent jurisdiction. (ASPR 7-104.82)
20. PRICING OF ADJUSTMENTS (1970 JUL)
When costs are a factor in any determination of a contract
price adjustment pursuant to the "Changes" clause or any other
provision of this contract, such costs shall be in accordance with
Section XV of the Armed Services Procurement Regulation as in
effect on the date of this contract. (ASPR 7-103.26)
21. PATENT INDEMNITY (1964 JUN)
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 Letters Patent of the United States (except Letters Patent
issued upon an application which is now or may hereafter be, for
reasons of national security, ordered by the Government to be kept
secret or otherwise withheld from issue) arising out of the perfor.
mance of this contract or out of the use or disposal by or for the
account of the Government of supplies furnished or construction
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22. ADDITIONAL BOND SECURITY (1976 OCT).
If any surety upon any bond furnished in connection with
this contract becomes unacceptable to the Government, or if any
such surety fails to furnish reports as to his financial condition from
time to time as requested by the Government, or if the contract
price is increased to such an extent that the penal sum of any bond
becomes inadequate in the opinion of the Contracting Officer, the
Contractor shall promptly furnish such additional security as may
be required from time to time to protect the interests of the
Government and of persons supplying 'labor or materials in the
prosecution of the work contemplated by this contract. (ASPR 7.
602.17)
23. EXAMINATION OF RECORDS BY COMPTROL-
L,ERGENERAL (1975 JUN)
(a) This clause is applicable if the amount of this contract
exceeds 410,000 and was entered into by means of negotiation,
including small business restricted advertising, but is not applicable
if this contract was entered into by means of formal advertising.
(b) The Contractor agrees that the Comptroller General of
the United States or any of his duly authorized representatives shall,
until the expiration of three years after final payment under this
contract or such lesser time specified in either Appendix M of the
Armed Service Procurement Regulation or the Federal Procurement
Regulations Part 1-20, as appropriate, have access to and the right to
examine any directly pertinent books, documents, papers, and
records of the Contractor involving transactions related to this
contract?
(c) The Contractor further agrees to include in all his
subcontracts hereunder a provision to the effect that the subcon-
tractor agrees that the Comptroller General of the United States or
any of his duly authorized representatives shall, until the expiration
of three years after' final payment under the subcontract or such
lesser time specified in either Appendix M of the Armed Services
Procurement Regulation or the Federal Procurement Regulations
Part 1-20, as appropriate, have access to and the right to examine
any directly pertinent books, documents, papers, and records of
such subcontractor, involving transactions related to the subcon-
tract. The terms "subcontract" as used in this clause excludes (i)
purchase orders not exceeding $10,000 and (ii) subcontracts or
purchase orders for public utility services at rates established for
uniform applicability to the general public.
(d) The periods of access and examination described in (b)
and (c) above for records which relate to (i) appeals under the
"Disputes" clause of this contract, (ii) litigation or the settlement of
claims arising out of the performance of this contract, or (iii) costs
and expenses of this contract as to which exception has been taken
by the Comptroller General or any of his duly authorized
representatives, shall continue until such appeals, litigation, claims
or exceptions have been disposed of. (ASPR 7104,15)
24. BUY AMERICAN (1966 OCT)
(a) Agreement. In accordance with the Buy American Act
(41 U.S.C. IOa-10d), the Contractor agrees that only domestic
construction material will be used (by the Contractor, subcontrac-
tors, materialmen, and suppliers) in the performance of this
contract, except for nondomestic construction material listed in the
"Nondomestic Construction Materials` clause, if any, of this
contract
(b) Domestic construction material,"Corsstrruction mate-
rial" means any article, material, or supply brought to the
construction site for incorporation in the building or work. An
unmanufactured construction material is a "domestic construction
material" if it has been mined or,.produced in the United States. A
manufactured construction material is a "domestic construction
material" if it has been manufactured in the United States and if the
cost of its components which have been mined, produced, or
manufactured in the United States exceeds 50 percent of the cost of
all its components. "Component" means any article, material, or
supply -directly incorporated in a construction material.
(c) Domestic component. A component shall be con.
sidered to have been "mined, produced, or manufactured in the
United States" (regardless of its source in fact) if the article,
material, or supply in which 'it is incorporated was manufactured in
the United States and the component is of a class or kind
determined by the Government to be not mined, produced, or
manufactured in the United States in sufficient and reasonably
available commercial quantities and of a satisfactory quality. (ASPR
7-602.20)
25: EQUAL OPPORTUNITY (1976 JUL)
(The following clause is not applicable if this contract is
exempt under ASPR 12-805. Exemptions include, contracts and
subcontracts not exceeding S10,000. and work underr contracts and
subcontracts which is to be performed outside the United States by
employees who were not recruited within the United States)
During the performance of this contract, the Contractor
agrees as follows:
(a) The Contractor will not discriminate against: any
employee or applicant for employment because of race, color,
religion, sex, or national origin. The Contractor will 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. Such action shall include, but not be
limited to, the following: Employment upgrading, demotion, or
transfer, recruitment or recruitment advertising; layoff or termina-
tion; rates of pay or other. forms of compensation; selection for
training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employers and applicants for
employment, notices to be provided by the Contracting Officer
setting forth the provisions of this Equal Opportunity clause.
(b) The Contractor will, 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. . .
(c) The Contractor will send to each labor union or
representative of workers with which he has a collective, bargaining
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agreement or other contract or understanding a notice to be
provided by the agency Contracting Officer, advising the labor
union or workers' representative of the Contractor's commitments
under this Equal Opportunity clause and shall post copies of the
notice in conspicuous places available to employees and applicants
for employment.
(d) The Contractor will comply with all provisions of
Executive Order No. 11246 of September 24, 1965, as amended by
Executive Order No. 11375 of October 13, 1967, and of the rules,
regulations, and relevant orders of the Secretary of Labor,
(e) The Contractor will furnish all information and
reports required by Executive Order No, 11246 of September 24,
1965, as amended by Executive Order No. 11375 of October 13,
1967, and by the rules, regulations, and orders of the Secretary of
Labor or pursuant thereto, and will permit access to his books,
records, and accounts by the contracting agency and the Secretary
of Labor for purposes of investigation to ascertain compliance with
such rules, regulations, and orders,
(f) In the event of the Contractor's noncompliance with
.the Equal Opportunity clause of this contract or with any of the
said rules, regulations, or 'orders, this contract may be cancelled,
terminated, or suspended, in whole or in part. and the Contractor
may be declared ineligible for further Government contracts in
accordance with procedures authorized in Executive Order No.
11246 of September 24, 1965, as amended by Executive.Ordcr No.
11375 of October 13, 1967, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order No.
11246 of September 24. 1965, as amended by Executive Order No.
11375 of October 13, 1967. or by rule, regulation. or order of the
Secretary of Labor, or as otherwise provided by law.
(g) The Contractor will include the provisions of
Paragraphs (a) through-(g) in every' subcontract or purchase order
unless exempted by rules, regulations. or orders of the Secretary of
Labor issued pursuant to Section 204 of Executive Order No. 11246
of September 24, 1965. as amended by Executive Order No. 113715
of October 13, 1967, so that such provisions will be binding upon
each subcontractor or vendor. The Contractor will take such action
with respect to any subcontract or purchase order as the contracting
agency may direct as a means ofenforcing such provisions. including
sanctions for noncompliance: Provided, however, that in the event
the Contractor becomes involved in. or is threatened with. litigation
with a subcontractor or vendor as a result of such direction by the
contracting agency, the Contractor may request the United States to
enter into such litigation to protect the interests of the United
States.
26. COVENANT AGAINST CONTINGENT FEES (1958
JAN)
The Contractor warrants that no person or selling agency has
been employed or retained to solicit or secure this contract upon an
agreement or understanding for a commission, percentage. broker.
age, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the
Contractor for the purpose of securing business, 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 such commission, percentage? brokerage, or contin-
gent fee. (ASPR 7-103.20)
27.. OFFICIALS NOT TO BENEFIT (1964 JUN) .
No member of Congress or resident Commissioner shall be
admitted to any share or part of this contract. or to any benefit that
may arise therefrom; but this provision shadl not be construed to
extend to this contract if made with a corporation for its general
benefit. (ASPR 7-602.19)
28. CONVICT LABOR (1975 OCT)
In connection with the performance of work under this con-
tract, the Contractor agrees. not to employ, any person undergoing
sentence of imprisonment except as provided by Public Law 89-I76,
September 10, 1965 (18 U.S.C. 408(c)(2)) and Executive Order
11755, December 29,1973. (ASPR 7-104.17)
29. UTILIZATION OF SMALL BUSINESS CONCERNS.
(1958 JAN)
(a) it is the policy of the Government.as declared by the
Congress that a fair proportion of the purchases, and contracts for
supplies and services for the Government be placed with small
business concerns.
(b) The Contractor agrees to accomplish the .maximum
amount of subcontracting to small business. concerns that the
Contractor finds to be consistent with the efficient performance of
this contract. (ASPR 7-602.26 (a)) 1
30. UTILIZATION OF MINORITY BUSINESS ENTER.
PRISES (1971 NOV)
(a) It is the policy of the Government that Minority
Business Enterprises shall have the maximum practicable
opportunity to participate in the performance of Government .
contracts.
(b) The Contractor agrees to use his best efforts to carry
out this policy in the award of his subcontracts to the fullest extent
consistent with the efficient performance of this contract. As used
in this contract, the term "minority business enterprise" means a
business, at least 50 percent of which is owned by minority group
members or, in case of publicly-owned businesses, at least 51
percent of the stock of which is owned by minority group members.
For the purposes of this definition, minority group members are
Negroes. Spanish-speaking Americans. persons American-Orientals,
American-Indians, American Eskimos, and American Aleuts.
Contractors may rely on written representations by subcontractors
regarding their status as minority business enterprises in lieu of an
independent investigation. (ASPR 7-104.36(a))
31. FEDERAL, STATE, AND LOCAL TAXES (1971
NOV)
(a) Except as may be otherwise provided in this contract.
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the contract price includes all applicable Federal, State, and local
taxes and duties.
(b) Ncvertheless, with respect to any Federal excise tax or
duty on the transactions or property covered by this contract, if a
statute, court decision, written ruling, or regulation takes effect
after the contract date and-
(1) results in the Contractor being required to pay
or bear the burden of any such Federal excise tax or duty or
increase in the rate thereof which would not.otherwise have been
payable on such transactions or property, the contract price shall be
increased by the amount of such tax or duty or rate increase,
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;
or
(2) results in the Contractor not being required to
pay or bear the burden of, or in his obtaining a refund or drawback
of, any such Federal excise tax or duty which would otherwise have
been payable on such transactions or property or which was the
basis of an increase in the contract price. the contract price shall be
decreased by the amount of the relief, refund, or drawback, or that
amount shall be paid to the Government, as directed by the
Contracting Officer. The contract price shall be similarly decreased
if the Contractor, through his fault or negligence or his failure to
follow instructions of the Contracting Officer, is required to pay or
bear the burden of, or does not obtain a refund or drawback of, any
such Federal excise tax or duty.
(c) Paragraph (b) above shall not be applicable to social
security taxes or to any other employment tax.
(d) No adjustment of less than $ 100 shall be made in the
contract price pursuant to paragraph (b) above.
(e) As used in paragraph (b) above, the term "contract
date" means the date set for bid opening, or if this is a negotiated
contract, the contract date. As to additional supplies or services
procured by modification to this contract, the term "contract date"
means the date of such modification.
(f) Unless there does not exist any reasonable basis to
sustain an exemption, the Government upon the request of the
Contractor shall, without further liability, furnish evidence appro-
priate to establish exemption from any Federal, State, or local tax;
provided that, evidence appropriate to establish exemption from
any Federal excise tax or duty which may give rise to either an
increase or decrease in the contract price will be furnished only at
the discretion of the Government.
(g) The Contractor shall promptly notify the Contracting
Officer of matters which will result in either an increase or decrease
in the contract price, and shall take action with respect thereto as
directed by the Contracting Officer. (ASPR 7-103.10 (a))
32. CONTRACTOR INSPECTION SYSTEM (1964 NOV)
The Contractor shall (i) maintain an adequate inspection
system and perform such inspections as will assure that the work
performed under the contract conforms to contract requirements,
and (ii) maintain and make available to the Government adequate
records of such inspection. (ASPR 7.602.10)
33. GRATUITIES (1952 MAR)
(a) The Government may, by written notice to the
Contractor, terminate the right of the Contractor to proceed under
this contract if it is found, after notice and hearing by the Secretary
or his duly authorized representative, that gratuities (in the.foriltg(
entertainment, gifts, or otherwise) were offered or given by the
Contractor, or any agent or representative, of the Contractor, to any
officer or employee of the Government with a view toward securing
a contract or securing favorable treatment with respect to the
awarding or amending, or the making of any determinations with
respect to the performing, of such contract; provided, that the
existence of the facts upon which the Secretary or his duly
authorized representative makes such findings shall be in issue and
may be reviewed in any competent court.
(b) In the event this contract is termina-ted as provided in
paragraph (a) hereof, the Government shall be entitled (i) to pursue
the same remedies against the Contractor as it could pursue in the
event of a breach of the contract by the Contractor, and (ii) as a
penalty in addition to any other damages to which it may be
entitled by law, to exemplary damages in an amount (as determined
by the Secretary or his duly authorized representative) which shall
be not less than three nor more than ten times the cost incurred by
the Contractor in providing any such gratuities to any such officer
or employee.
(c) 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. (ASPR
7.602.25)
34. RENEGOTIATION (1959 OCT)
(a) To the extent required by law, this contract is subject
to the Renegotiation Act of 1951 (50 U.S.C. App. 1211 et seq.) as
amended, and to any subsequent act of Congress providing for the
renegotiation of contracts. Nothing contained in this clause shall
impose any renegotiation obligation with respect to this contract or
any subcontract hereunder which is not imposed by an act of
Congress heretofore or hereafter enacted. Subject to the foregoing
this contract shall be deemed to contain all the provisions required
by Section 104 of the Renegotiation Act of 1951, and by any such
other act, without subsequent contract amendment specifically
incorporating such provisions.
(b) The Contractor agrees to insert the provisions of this
clause, including this paragraph (b), in all subcontracts, as that term
is defined in Section 103g of the Renegotiation Act of 1951, as
amended. (ASPR 7.103.13)
35. NOTICE AND ASSISTANCE REGARDING PAT-
ENT AND COPYRIGHT INFRINGEMENT (1965
JAN)
The provisions of this clause shall be applicable only if the
amount of this contract exceeds $10.000.
(a) The Contractor shall report 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
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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
hereunder, 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.
(e)- This clause shall be included in all subcontracts.
(ASPR 7-103.23)
36. AUTHORIZATION AND CONSENT (1964 MAR)
The Government hereby gives its authorization and consent
(without prejudice to its rights of indemnification, if such rights are
provided for in the contract) for all use and manufacture, in the
performance of this contract or any part thereof or any amendment
hereto or any subcontract hereunder (including any lower-tier
subcontract), of any patented invention (i) embodied in the
structure or composition of any article the delivery of which is
accepted by the Government under this contract, or (ii) utilized in
the machinery, tools, or methods the- use of which necessarily
results from compliance by the Contractor or the using subcon-
tractor with (a) specifications or written provisions now or hereafter
forming a part of this contract, or (b) specific written instructions
given by the O1CC directing the manner of performance. The
Contractor's entire liability to the Government for patent infringe-
ment shall be determined solely by the provisions of the indemnity
clause, if any, included in the contract and the Government assumes
liability for all other infringement to the extent of the authorization
and consent hereinabove granted. (ASPR 7-103.22)
37, COMPOSITION OF CONTRACTOR (1965 JAN)
If the Contractor hereunder is comprised of more than one
legal entity, each such entity shall be jointly and severally liable
hereunder. (ASPR 7-602.32)
38. SITE INVESTIGATION (1965 JAN)
The Contractor acknowledges that he has investigated and
satisfied himself as to the conditions affecting the work, including
but not restricted to those bearing upon transportation disposal,
handling and storage of materials, availability of labor, water,
electric power, roads and uncertainties of weather, river states, tides
or similar physical conditions at the site, the conformation and
conditions of the ground, the character of equipment and facilities
needed preliminary to and during prosecution of the work. The
Contractor further acknowledges that he has satisfied himself 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, including
all exploratory work done by the Government, as well as from
information presented by the drawings and specifications made a
part of this contract. Any failure by the Contractor to acquaint
himself with the available information will not relieve him from
responsibility for estimating properly the difficulty or cost of
successfully performing the work. The Government assumes no
responsibility for any conclusions or interpretations made by the
Contractor on the basis of the information made available by the
Government. (ASPR 7-602.33)
39. PROTECTION OF EXISTING VEGETATION,
STRUCTURES, UTILITIES, AND IMPROVEMENT
(1965 JAN)
(a) The Contractor will preserve and protect all existing
vegetation such as trees, shrubs. and grass on or adjacent to the site
of work which is not to be removed and which does not
unreasonably interfere with the construction work. Care will be
taken in removing trees authorized for removal to avoid damage to
vegetation to remain in place. Any limbs or branches of trees broken
during such operations or by the careless operation ofequipment, or
by workmen, shall be trimmed with a clean cut and painted with an
approved tree pruning compound as directed by the Contracting
Officer.
(b) The Contractor will protect from damage all existing.
improvements or utilities at or near the site of the work, the
location of which is made known to him, and will repair or restore
any damage to such facilities, resulting from failure to comply with
the requirements of this contract or the. failure to exercise
reasonable care in the performance of the work. if t:he Contractor
fails or refuses to repair any such damage promptly, the Contracting
Officer may have the necessary work performed and ebarge the cost
thereof to the Contractor. (ASPR 7-602.34)
40. OPERATIONS AND STORAGE AREAS (1.965 JAN)
(a) All operations of the Contractor (including storage of
materials) upon Government premises shall be confined to areas
authorized or approved by the Contracting OffiTr. The Contractor
shall hold and save the Government, its officers and agents, free and
harmless from liability of any nature occasioned by his operations..
(b) Temporary buildings (storage sheds., shops. offices,
etc,) 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
Such temporary buildings and utilities shall. remain the property of
the Contractor and shall be removed by him at his expense upon the
completion of the work. With the written consent of the Contract-
ing officer, such 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 construct
and use such temporary roadways as may be authorized by the
Contracting Officer. Where materials are transported in the prosecu-
tion of 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 curbings or sidewalks, protection against
damage shall be provided by the Contractor and any damaged roads,
curbings, or sidewalks shall be repaired. by or at the expense of the
Contractor. (ASPR 7-602.35)
41. MODIFICATION PROPOSALS-PRICE. BREAK.
DOWN (1968 APR)
The Contractor, in connection with any proposal he makes
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for a contract modification, shall furnish a price breakdown.
itetniaed as required by the Contracting ()fficer. Unless otherwise
directed, the breakdown shall be in sufficient details to pcrinit an
analysis of all material. labor, equipment, subcontract, and overhead
costa, 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 b) a
similar price breakdown. In addition. if the proposal includes a time
extension, a justification thereof 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. (ASPR 7.602.36)
42. SUBCONTRACTORS (1972 FEB)
Within seven days after the award of any subcontract either
by himself or a subcontractor, the Contractor shall deliver to the
Contracting Officer a statement setting torth the name and address
of the subcontractor and a summary description of the work
subLontracted. The Contractor shall at the same time furnish a
statement signed by the subcontractor Acknowledging the inclusion
in his subcontract of the clauses of this contract entitled ".Equal
.Opportunity," "Davis-Bacon Act," "Contract Work Flours and
Safety Standards Act- Overtime Compensation," "Apprentices and
Trainees," "Payrolls and Basic Records," "Compliance with Cope-
land Regulations." "Withholding of Funds," "Subcontracts" and
"Contract Termination Debarment." Nothing contained in this
contract shall create any contractual relation between the subcon-
tractor and the Government. (ASPR 7-602.37)
43. CLEANING UP (1965 JAN)
The Contractor shall at all times keep the construction area,
including storage areas used by him, free from accumulations of
waste material or rubbish and prior to completion of the work
remove any rubbish from the premises and all tools. scaffolding,
equipment, and materials not the property of the Government.
Upon completion of the construction the Contractor shall leave the
work and premises in a clean, neat and workmanlike condition
satisfactory to the Contracting Officer. (ASPR 7-602.40)
44. ADDITIONAL DEFINITIONS (1965 JAN)
(a) Wherever in the specifications or upon the drawings
the words "directed." "required." "ordered." "designated,"
"prescribed." or words of like import are used. it shall be under-
stood 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.
(b) Where "as shown." "as indicated," "as detailed," or
words of similar import are used. at 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 "provided complete in place." that is
"furnished and installed." (ASPR 7-602.41)
45. ACCIDENT PREVENTION (1967 JUN)
(a) In order to provide safety controls for protection to
..N
the life and health of employees and oo'her persons; for prevention
(if damage to property. materials, supplies. and equipment: and for
avoidance of work interruptions in the performance of this contract,
the Contractor shall comply with all pertinent provisions of Corps
of Engineers Manual, EM 385 1-1, daeed I March 1967 entitled
"General Safety Requirements." as amended, and will also take or
cause to be taken such additional measures as the Contracting
Officer rnat determine to be reasonably ne%cssary for the purpose.
Copies of this Manual may be obtaireed from the Government
Printing Office. Wash., D.C. 20402 at 55 cents per copy.
(b) The Contractor will maintain an. accurate record of,
and will report to the Contracting Officer in the manner and on the
forms prescribed by the Contracting Officer. exposure data and all
accidents resulting in death, traumatic irmjury. occupational disease.
and damage to property. materials, supp@aes and equipment incident
to work performed under this contract
(c) The Contracting Officer will notify the Contractor of
any noncompliance with the foregoing provisions and the action to
be taken. The Contractor shall, after receipt of such notice.
immediately take corrective action. Such notice, when delivered to
the Contractor or his representative at the site of the work, shall be
deemed sufficient for the purpose. If the Contractor fails or refuses
to comply promptly, the Contracting Or(ficer may issue an order
stopping all or part of work until satisfactory corrective action has
been taken. No part of the time lost duo to any such stop orders
shall be made the subject of. claim for extension of time or for
excess costs or damages by the Contractor..
(d) Compliance with the provisions of this article by
subcontractors will be the responsibility of the Contractor.
If the contract involves more than 6 months work or is
described as hazardous character in tthe Invitation for Bids,
Schedule, or Specifications, the following paragr#ph (e) will apply.
(e) Prior to commencement of the work the Contractor
will .
(1) submit in writing his proposals for effectuating
this provision for accident prevention;
(2) meet in conference wAth representatives of the
Contracting Officer to discuss and devel'rop mutual understandings
relative to administration of the over-all safety program. (ASPR
7-602,42)
46. GOVERNMENT INSPECTORS (1965 JAN)
The work will be conducted undirr the general direction of
the Contracting Officer and is subject to ir:aspection bs his appointed
inspectors to insure strict compliance with the terms of the
contract No inspector is authorired to ckiange any provision of the
specifications without written authorisation of the Contracting
Officer, nor shall the presence or absence of an inspr. for relieve the
Contractor from any requirements of the contract. (ASPR
7.602.43)
47. RIGHTS IN SHOP DRAWINGS (1966 APR)
(a) Shop drawings for construction means drawings sub-
mitted to the Government by the Construction Contractor. subcon-
tractor or any lower tier subcontractor pursuant to a construction
contract, showing in detail (ii) the proposed fabrication. and
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assembly of structural elements and (ti) 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. (ASPR 7.602.47)
48. PRIORITIES, ALLOCATIONS, 'AND ALLOT-
MENTS (1975 OCT)
(The following clause is applicable to rateable contracts.)
The Contractor shall follow the provisions of DMS Reg. 1 or
DPS Reg. 1 and all other applicable regulations and orders of the
Bureau of Domestic Commerce in obtaining controlled materials
and other products and materials needed to fill this order. (ASPR
7-104.18)
49. PRICE REDUCTION FOR DEFECTIVE COST OR
PRICING DATA-PRICE ADJUSTMENTS (1970
JAN)
(a) This clause shall become operative only with respect
to any modification of this contract which involves aggregate
increases and/or decreases in costs plus applicable profits in excess
of 1100,000 unless the modification is priced on the basis of
adequate 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 right to price reduction under
this clause is limited to?defects in data relating to such modification.
(b) If any price, including profit, or fee, negotiated in
connection with any price adjustment under this contract was
increased by any significant sums because:
(i) , ` the Contractor furnished cost or pricing data
which was not complete. accurate and current as certified in the
Contractor's Certificate of Current Cost or Pricing Data;
(ii) a subcontractor, pursuant to the clause of this
contract entitled "Subcontractor Cost or Pricing Data" or "Subcon-
tractor Cost or Pricing Data-Price Adjustments" or any subcontract
data which was not
i
ri
ng
c
clause therein required, furnished cost or p
complete. accurate and current as certified in the subcontractor's
Certificate of Current Cost or Pricing Data;
(ia subcontractor or prospective subcontractor
furnished cost or pricing data which was required to be complete,
accurate and current and to be submitted to support a subcontract
cost estimate furnished by the Contractor but which was not
complete. accurate and current as of the date certified in the
Contractor's Certificate of Current Cost or Pricing Data; or
(iv) the Contractor or a subcontractor or prospec-
tive subcontractor furnished any data, not within (i), (u.) or (iii)
above, which was not accurate, as submitted; the price shall be
reduced accordingly and the contract shall be modified in writing as
may be necessary to reflect such reduction. However, any reduction
in the contract price due to defective subcontract data of a
prospective subcontractor, when the subcontract was not sub-
sequently awarded to such subcontractor, will be limited to the
amount (plus applicable overhead and profit markup) by which the
actual subcontract, or actual cost to the Contractor if there was no
subcontract, was less than the prospective subcontract cost estimate
submitted by the Contractor, provided the actual subcontract price
was not affected by defective cost or pricing data.
Note: Since the, contract is subject to reduction under this
clause 'by reason of defective cost or pricing data submitted in
connection with certain subcontracts, it is expected that the
Contractor may wish to include a clause in each such subcontract
requiring the subcontractor to appropriately indemnify theCantrac-
tor. However, the inclusion of such a clause and the terms thereof
are matters for negotiation and. agreement 'between the Contractor
and the subcontractor, provided that they are consistent with ASPR
23.203 relating to Disputes provisions in subcontracm it is also
expected that any subcontractor subject to such indemnification
will generally require substantially similar indemnification for
defective cost or pricing data required to be submitted by his lower
tier subcontractors. (ASPR. 7-104.29 (b))
50. INTEREST (1972 MAY)
Notwithstanding any other provision of this contract, unless
paid within 30 days 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) shall bear
interest from the date due until paid and shall be subject to
adjustments as provided by Part 6 of Appendix E of the Armed
Services Procurement Regulation. as in effect on the date of this
contract. The interest rate per annum shall be the interest rate in
effect which has been established by the Secretary of the Treasury
pursuant to Public Law 92-41; 85 STAT 97 for the Renegotiation
Board, as of the date the amount becomes due as herein provided.
Amounts shall be due upon the earliest' one of (i) the date fixed
pursuant to this contract; (ii) the date: of the first written demand
for payment. consistent with this contract, including demand
consequent upon default termination: (iii) the date of transmittal by
the Government to the Contractor of a proposed supplemental
agreement to confirm completed negotiations fixing the amount: or
(iv) if this contract provides for revision of prices, the date of
written notice to the Contractor stating the amount of refund
payable in connection with a pricing proposal or in connection with
a negotiated pricing agreement net confirmed. by contract supple-
ment. (ASPR 7-104.39)
51. AUDIT BY DEPARTMENT OF DEFENSE (1975
JUN)
(The following clause is applicable unless this contract was
entered into by formal advertising and is. not in excess-Of 1100.0001
(a) General- The Contracting Officer or his rcpresentatives
shall have the audit and inspection rights described in the applicable
paragraphs (bl. (c i and (d) below
(b) Examination of Costs. If this is a cost reimbursement
type. incentive. time and. materials, labor hour, or price redetermi-
ruble contract. or any combination thereof, the Contractor shall
maintain, and the Contracting Officer or his representatives shall
have the right to examine books, records. documents, and other
evidence and accounting procedures and practices: sufficient to
reflect properly all direct and. indirect costs of whatever nature
claimed to have been incurred and anticipated to be incurred for the
performance of this contract. Such right of examination shall
include inspection at all. reasonable times of the Contractor's plants,
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or such puts thereof, as may be engaged to the performance of this
contract.
(c) Cost or Pricing Data, If the Contractor submitted cost
or pricing data in connection with the pricing of this contract or any
change or modification thereto. unless such 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 his
representatives who are employees of the United States Government
shall have the right to examine all books, records. documents and
other data of the Contractor related to the negotiation. pricing or
performance of such contract, change or modification, for the
purpose of evaluating the accuracy, completeness and currency of
the cost or pricing data submitted' Additionally, in the case of
pricing arty change or modification exceeding 2100,000 to formally
advertised contracts, the Comptroller Genera). of the United States
or his representatives who are employees of the United States
Government shall have such rights. The right of examination shall
extend to all documents necessary to permir adequate evaluation of
the cost or pricing data submitted, along with the computations and
projections used therein.
.(d) Reports If the Contractor is required to furnish Cost
Information Reports (CIR) or Contract Fund Status Reports
(CFSR), the Contracting Officer or his'representatives shall have the
right to examine books, records, documents, and supporting
materials, for the purpose of evaluating (i) the effectiveness of the
Contractor's policies and procedures to produce data compatible
with the objectives of these reports, and (ii) the data reported.
(e) Availability. The materials described in (h), (c) and (d)
above shall be made available at the office of the Contractor, at all
reasonable times, for inspection, audit. or reproduction. until the
expiration of three years from the date of final payment under this
contract or such lesser time specified in Appendix M of the Armed
Services Procurement Regulation, and for such longer period, if any,
as is required by applicable statute, or by other clauses of this
contract, or by (1) and (2) below!
(1) If this contract is completely or partially
terminated, the records relating to the work terminated shall he
made available for a period of three years from the date of any
resulting final settlement.
(2) Records which relate t' appeals under the
"Disputes" clause of this contract, or litigation or the settlement of
claims arising out of the performance of this contract, shall be made
available until such appeals, litigation, or claims have been disposed
of.
(f) The Contractor shall insert a clause containing all the
provisions of this clause, including this paragraph (11. in all
subcontracts exceeding 110,000 hereunder, except 'altered as
necessary for proper identification of the contracting parties and the
Contracting Officer under the Government p-ime contract. ASPR
7-104,41)
52. SUBCONTRACTOR COST OR PRICING
DATA-PRICE ADJUSTMENTS (1970 JAN)
(a) Paragraphs (b) and (c) of this clause shall become
operative only with respect to any modification made pursuant to
one or more provisions of this contract which involves aggregate
increases and/nr decreases in costs. plus applicable profits expected
to exceed $100.900, The requirements of this clause shall be limited
to such modifications.
(b) The Contractor shall require subcontractors hereunder
to submit cost or pricing data under the following circumstances: (i)
prior to the award of any subcontract the amount of which is
expected to exceed 1100,000 when entered into; (ii) prior to the
pricing of any subcontract. modification which involves aggregate
increases and/or decreases in costs plus. applicable profits expected
to exceed $100,000; except where the price is basedr on adequate
price competition, established catalog or market prices of commer-
cial items sold in substantial quantities to the general public, or
prices set by law or regulation.
(c) The Contractor shall require subcontractors to certify
that to. the best of their knowledge and belief the cost and. pricing
data submitted under (b) above is accurate. complete. and current as .
of the date of agreement on the' negotiated price of the subcontract
or subcontract change or modification-
!d) The Contractor shall insert the substance of this clause
including this paragraph (d) in each subcontract which exceeds
$100,000. (ASPR 7.104.42 (b))
53. GOVERNMENT-FURNISHED PROPERTY (SHORT
FORM) (1964 NOV)
(a) The Government shall deliver to the Contractor, for
use only in connection with this contract, the property described in
the schedule or specifications (hereinafter referred to as "Govern-
ment furnished property"), at the times and locations stated
therein, If the Government-furnished property., suitable for its
intended use, is not so delivered to the Contractor, the Contracting
Officer shall, upon timely written request made by the Contractor,
and if the facts warrant such action, equitably adjust any affected
provision of this contract pursuant to the procedures of the
"Changes" clause hereof.
(b) Title to Government-furnished' property shall remain
in the Government. The Contractor shall maintain adequate
property control records of Government-furnished property in
accordance with sound industrial practice.
(c) Unless otherwise provided in this contracr;,. th air
tractor, upon delivery to him of any Government furnished
property, assumes the risk of, and shall be responsible for, any loss
thereof or damage thereto except for reasonable wear and tear. and
except to the extent that such property is consumed in the
performance of this contract
(d) The Contractor shall, upon completion of this can
tract, prepare for shipment. deliver f.o.b.. origin, or dispose of all
Government-furnished property not consumed in the performance
of this contract or not therefore delivered to the Government, 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 paid in such other manner as the Contracting Officer may direct.
(ASPR 7-104.24(1))
54. VARIATIONS IN ESTIMATED QUANTITIES (4968
APR)
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estimated quantity and where the actual quantity of such p,Av item
varies more than fifteen percent (1 5%) above or helow the estimated
quantity stated in this contract, 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 one hundred fifteen percent
(115%) or below eightv.five percent ($5%I of the estimated
quantity. If the quantity variation is such as to cause an increase in
the time necessary fur completion, the Contracting officer shall.
upon receipt of a written request for an extension of time within
ten (10) days from the beginning of such delay, or within such
further period of time which may be granted by the Contracting
Officer prior to the date of final settlement of the contract,
ascertain the facts and make such adjustment for extending the
completion date as in his judgment the findings justify. (ASPR
7.603.27)
55. SALVAGE MATERIALS AND EQUIPMENT (1965
JAN)
The Contractor shall maintain adequate property control
records for all materials or equipment specified to be salvaged.
These records may be in accordance with the Contractor's system of
property control, if approved by the property administrator. The
Contractor shall be responsible for the adequate storage and
protection of all salvaged materials and equipment and shall replace.
at no cost to the Government, all salvage materials and equipment
which are broken or damaged during salvage operations as the result
of his negligence. or while in his care. (ASPR 7-603.29)
56. AVAILABILITY AND USE OF UTILITY
SERVICES (1967 APR)
This clause shall be applicable only if so expressly stated in
the Schedule, or specification, or Invitation for Bids.
(a) The Government will make available to the Contrac-
tor. from existing outlets and supplies, all reasonably required
amounts of utilities as specified in the Schedule or specifications.
Except as otherwise provided in the Schedule or specifications, each
utility shall be charged to or paid for by the Contractor at prevailing
rates charged to the Government or. where the utility is produced
by the Government. at reasonable rates as determined by the
Contracting Officer.
(b) The Contractor shall carefully conserve utilities fur.
nished without charge. The Contractor, at his own expense and in a
workmanlike manner satisfactory to the Contracting Officer, shall
install and maintain all necessary temporary connections and
distribution lines and. if necessary to determine charges. all meters
required to measure the amount of each utility used; and he shall
remove the same prior to final acceptance of the construction.
(ASPR 7-603.30)
57. MISPLACED MATERIAL (1965 JAN)
Should the Contractor, during the progress of the work lose,
dump, throw overboard. sink, or misplace any material, plant,
machinery, or appliance, which in the opinion of the Contracting
Officer 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 t.r,titracting I )ffiter ter
inspector, and when required shall mark or buoy troth obstructions
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 the cost of such removal
may be deducted from any money due or to become due 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 Srttions 15.
19, and 20 of the River and Harbor Act tat March 3, 1891). (33
U.S.C. 410 et seq.). (ASPR 7.603.321
58. SIGNAL LIGHTS (1965 JAN)
The Contractor shall display signal lights and conduct his
operations in accordance with the General Regulations of the
Department of the Army and 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 Secretary of the Army (33 C.F.R.
201.1-201.16) and the Commandant, U.S. Coast Guard (33 C.F.R.
80.18-3 la and 33 C.F.R. 95.51-45.70). (ASPR 7.603.3.3)
59. IDENTIFICATION OF EMPLOYEES (1965 JAN-)
The Contractor shall be responsible for furnishing to each
employee and for requiring each employee engaged on the work to
display such identification as may be approved andidirected by the
Contracting Officer. All prescribed identification shall immediately
be delivered to the Contracting Officer, for cancellation upon the
release of any employee. When required by the Contracting Officer
the Contractor shall obtain and submit fingerprints of all persons
employed or to be employed on the project (ASPR 7.603.34)
60. TIME EXTENSIONS (1965 JAN-)
Notwithsianding any other provisions of 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
cause delay in the completion of the various elements of construc-
tion. The change order granting the time extension may provide that
the contract completion date will be extended only for those
specific elements so delayed and. that the remaining contract,
completion dates for all other portions of the work will not be
altered and may further provide for an equitable readjustment of
liquidated damages pursuant to the new completion schedule.
(ASPR 7.603.36)
62. PROGRESS CHARTS AND REQUIREMENTS FOR
OVERTIME WORK (1965 JAN)
.(a) The Contractor shall within 5 days or within such time
as determinedby the Contracting Officer, after date of commence-
ment of work. prepare and submit to the Contracting officer for
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approval a practicable schedule, showing the order in which the
Contractor proposes to carry on the work, the date on which he will
start the several salient features (including procurement of materials,
plant and equipment) and the contemplated dares for completing
the same. The schedule may be in any form, at the option of the
Contractor, but shall maintain current with each submittal, at least
the following information-
(1) into:
a. Times projected for submittals, ap-
provals, and procurement.
b. Times for installation and erection.
C. Times for testing and inspection.
(2) The work completed and the work remaining to
be done to complete the project.
(3) Any items of work which will delay the start or
completion of other major items of work so as to delay completion
of the whole project.
The Contractor shall submit an updated copy of his schedule with
each invoice, and when required by major changes in the work. If
..the Contractor fails to submit a progress schedule within the time
herein prescribed, the Contracting Officer may withhold approval of
progress payments until such time as the Contractor submits the
required progress schedule.
(b) If, in the opinion of the Contracting Officer, the
Contractor falls behind the progress schedule, the Contractor shall
take such steps as may be necessary to improve his progress and the
Contracting Officer may require him to increase the number of
shifts, or overtime operations, days of work, or the amount of
construction planned or all of them, and to submit for approval
such supplementary schedule or schedules in. chart form as may be
deemed necessary-to demonstrate the manner in which the agreed
rate of progress will be regained, all without additional cost to the
Government.
(c) Failure of the Contractor to comply with the require.
ments of the Contracting Officer under this provision shall be
grounds for determination by the Contracting Officer that the
Contractor is not prosecuting the work with such diligence as will
insure completion within the time specified. Upon such determina-
tion the Contracting Officer may terminate the Contractor's right to
proceed with the work, or any separable part thereof, in accordance
with the clause of the Contract entitled "Termination for
Default-Damages for Delay-Time Extensions." (ASPR 7.603.48)
63. PERFORMANCE OF WORK BY CONTRACTOR
(1965 JAN)
The Contractor shall perform on the site. and with his own
organization, work equivalent to at least 20 percent of the total
amount of the work to be performed under the contract. If during
the progress of the work the Contractor requests a reduction in such
percentage and the Officer in Charge of Construction determines
that it would be to the. Government's advantage, the percentage of
the work hereunder required to be performed by the Contractor
may be reduced, provided written approval of such reduction is
obtained from the Officer in Charge of Construction.. (ASPR
7-603.15)
64. LAYOUT OF WORK (1965 JAN)
The Contractor shall layout his work from Government-
-established base lines and bench marks indicated on the drawings
and shall be responsible far all. measurements. in ' connection
therewit)t. The Contractor shall furnish, at his own expense, all
stakes, templates, platforms, equipment, tools. and materials and
labor as may be required in laying out any part of the work- from
the base lines and bench marks established by the Government. The
Contractor will be held responsible for the execution of the work to
such tines and grades as may be established or indicated by the
Officer in Charge of Construction. It shall be the responsibility of
the Contractor to maintain and preserve all stakes and other marks
established by the Officer in Charge of Construction until author-
ized to remove them. If such marks are destroyed, by the
Contractor or through his negligence. prior to their authorized
removal, they may be replaced by the Officer in Charge of
Construction at his discretion. The expense of replacement will be
deducted from any amounts due or to become due,the Contractor.
(ASPR 7-604.3)
65.. WARRANTY OF CONSTRUCTION (1974 APR)
(a) In addition to any other warranties set out elsewhere
in this contract, the Contractor warrants that work performed under
this contract conforms to the contract requirements and is free of
any defect of equipment, material or, design furnished, or workman-
ship performed by the Contractor or any of.his subcontractors or
suppliers at any tier. Such warranty shall continue for a period of
one year from the date of final acceptance of the Work, but with
respect to any part of the work which the Government takes
possession of prior to final acceptance, such warranty shall continue
for a period of one year from the date the Government takes
possession. Under this warranty, the Contractor shall remedy at his
own expense any such failure to conform or any such defect. In
addition, the Contractor shall remedy at his own expense any
damage to Government owned or controlled real or personal
property, when that damage is the result of the Contractor's failure
to conform to contract requirements or any such defect of
equipment, material, workmanship; or design. The Contractor shall
also restore any work damaged in fulfilling the terms of this clause.
The Contractor's warranty with respect to work repaired or replaced
hereunder will run for one year from the date of such repair or
replacement
(b) The Government shall notify the Contractor in writing
within a reasonable time after the discovery of any failure, defect,
or damage.
(c) Should the Contractor fail to remedy any failure,
defect, or damage described in (a). above within a reasonable rime
after receipt of notice thereof, the Government shall have the right
to replace, repair, or otherwise remedy such failure, defect, or
damage at the Contractor's expense.
(d) In addition to the'other rights and remedies provided
by this clause, all subcontractors`, manufacturers', and suppliers'
warranties expressed or implied, respecting any work and materials
shall, at the direction of the Government, be enforced by the
Contractor for the benefit of the Government, In such case if the
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Contractor's warranty under (a) above has expired, any suit directed
by the Government to enforce a subcontractor's, manufacturer's or
supplier's warranty shall be at the expense of the Government. The
Contractor shall obtain any warranties which the subcontractors,
manufacturers, or suppliers would give in normal commercial
practice.
(e) If directed by the Contracting Officer, the Contractor
shall require any such warranties to be executed in writing to the
Government.
(f) Notwithstanding any other provision of this clause.
unless such a defect is caused by the negligence of the Contractor or
his subcontractors or suppliers at any tier, the Contractor shall not
be liable for the repair of any defects of material or design furnished
by the Government nor for the repair of any damage which results
from any such defect in Government furnished material or design.
(g) The warranty specified herein shall not limit the
Government's rights under the "Inspection and Acceptance" clause
of this contract with respect to latent defects, gross mistake, or
fraud.
(h) Defects in design or manufacture of equipment specie
fled by the Government on a "brand name and model" basis, shall
not be included in this warranty. The Contractor shall require any
subcontractors, manufacturers, or suppliers thereof to execute their
warranties in writing directly to the Government. (ASPR 7-604.4)
66. VALUE ENGINEERING INCENTIVE (1974 APR)
(a) Application. This clause applies to a Contractor devel-
oped and documented Value Engineering Change Proposal (VECP)
which:
(i) Requires a change to this contract to imple-
ment the VECP: and
(ii) ' reduces the contract price without impairing
essential function or characteristics, provided that it is not based
solely on a change in deliverable end item quantities,
(b) Documentation. As a minimum, the following infor-
mation shall be submitted by the Contractor with each VECP:
. (i) a description of the difference between the
existing contract requirement and the proposed change, and the
comparative advantages and disadvantages of each: justification
where function or characteristics of a work item is being altered;
and the effect of the change on the performance of the end item:
(ii) an analysis and itemization of the requirements
of the contract which must be changed if the VECP is accepted and
a recommendation as to how to make each such change (e.g., a
suggested specification revision):
(iii) a separate detailed cost estimate for both the
existing contract requirement and the proposed change to provide
an estimate of the reduction in costs. if any, that will result from
acceptance of the VECP, taking into account the costs of
.development and implementation by the Contractor (including any
amount attributable to subcontracts in accordance with paragraph
(f) below);
(iv) a prediction of any effects the proposed change
would have on related costs to the Military Department such as
Government furnished property costs, and costs of maintenance and
operation;
(v) a statement of the time by which a change
order adopting the VECP must be issued so as to obtain the
maximum cost reduction during the remainder of this contract.
noting any effect on the contract completion time or delivery
schedule: and
(vi) identification of any previous submission of the
VECP, including the dates submitted. the agencies involved, the
numbers of the Government contracts involved, and the previous
actions by the Government, if known.
(c) Submission. To expedite a determination. VECPs shall
be submitted to the Resident Engineer at the worksite with a copy
to the Contracting Officer. Proposals shall be prqcessed expedi-
tiously; however, the Government shall not be liable for any delay
in acting upon any proposal submitted pursuant to this clause. The
Contractor has the right to withdraw, in w`iole or in part, any VEC.P
at any time prior to acceptance by the Government.
(d) Acceptance. The Contracting Officer may accept, in
whole or in part, by contract modification any VECP submitted
pursuant to 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 modifica-
tion applies a VECP to this contract, the Contractor shall remain
obligated. to perform in accordance with this contract. Contract
modifications made pursuant to this clause will so state- The
decision of the Contracting Officer as to the acceptance of any
VECP under this contract shall be final and shall not be subject to
the "Disputes" clause of this contract.
(e) Sharing. If a VECF submitted by the Contractor
pursuant to this clause is accepted., the contract price shall he
adjusted without regard to profit in accordance with the following
provisions:
(i) Definition:
(A) Instant Contract Savings to the Con-
tractor (ICS) are the estimated reduction in the Contractor's cost of
performance resulting from the acceptance of the VECP. The
proposed cost reduction includes estimated allowable Contractor
development and implementation costs (CC). The Contractor's
development and implementation costs include any subcontractor
development and implementation costs (see (f) below). For pur-
poses of this clause, Contractor development costs are those costs
incurred after the Contractor has identified a specific VE project
and prior to acceptance and implementation by the Government,
(S) Government Costs ((:;Cl are those DOD
costs which directly result from development and implementation
of the VECP, such as test and evaluation of the VECP.
(ii) Calculations and Actions, Multiply ICS by 4S%
and GC by 55%. Add these two results. e.g.. (.45 ICS plus .5; GC)
and subtract from the contract price.
(f) Subcontracts. The Contractor shall include appropri-
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ate VE arrangements in any subcontract of 150,000 or greater, and
may include such arrangements in contracts of lesser value. To
compute any adjustment in the contract price under paragraph (e)
-akbove, the Contractor's cost of development and implementation of
a VECP which is accepted under this contract shall include any
development and implementation costs of a subcontractor, and any
VE incentive payments to a subcontractor, which clearly pertain to
such VECP. However, no such payment or accrual to a subcon.
tractor will., be permitted, either as a part of the Contractor's
development or implementation costs or otherwise to reduce the
Government's share.
(g) Data. The Contractor may restrict the Government's
right to use any sheet of a VECP or of the supporting data, sub-
mitted pursuant to this clause, in accordance with the terms of the
following legend if it is marked on such sheet:
"This data furnished pursuant to the 'Value Engineer-
ing Incentive' 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 VECP submitted
under said clause. This restriction does not limit the Government's
right to use information contained in this data if it is or has been
obained, or is otherwise available, from the Contractor or from
another source, without limitations. If such a VECP is accepted by
the Government under said contract after the use of this data in
such an evaluation, the Government shall have the right to
duplicate, use, and disclose any data reasonably necessary to the full
utilization of such VECP as accepted, in any manner and for any
purpose whatsoever, and have others so do."
' In the event of acceptance of a VECP, the Contractor
hereby grants to the Government all rights to use, duplicate or
disclose, in whole or in part, in any manner and for any purpose
whatsoever, and to have or permit others to do so, any data reason.
ably necessary to fully utilize such VECP (ASPR 7.602.50).
67. VALUE ENGINEERING COST COMPUTATION
(1.75)
In computing the instant contract savings to the Contractor
(ICS), under Clause 66, "Value Engineering Incentive (1974 Apr)",
there shall not be taken into consideration any Value Engineering
incentive payments which the Contractor may make to the
subcontractor, i.e., such amounts will not be deemed a development
and implementation cost at any tier.
68, REQUIRED INSURANCE (1968 APR)
(a) The Contractor shall procure and maintain during the
entire period of this performance under this contract the following
minimum insurance.
COVERAGE
Type of lnsurancc per Peraon Per Accident
1. Comprehensive $100,000 $300,000
General Liability
Automobile $100,000 $300,000
Liability
3. Workmen's As required
4. (Other as required by State Law)
(b) Prior to commencement of work hereunder, the
Contractor shall furnish to the Contracting Officer a certificate or
written statement of the 4bove required insurances The policies evi-
dencing required insurance shall. contain an endorsement to the
effect that cancellation or any material change in the policies ad-
versely affecting the interests of the Government in such insurance
shall not be effective until 30 days after written notice thereof to
the Contracting Officer.
(c) The Contractor agrees to insert the substance of this
clause, including this paragraph. (c), in all subcontracts hereunder.
(ASPR 7-603.10)
69. GOVERNMENT REPRESENTATIVES (6-72)
(a) The work will be under the general direction of the
Contracting Officer, the Commander, Naval Facilities Engineering.
Command, who shall designate an officer of the Civil 'Engineer
Corps, United States Navy, or other officer or representative of the
Government, as Officer in Charge of Construction. hereinafter
referred to as the "OICC," who except in connection with the
"Disputes" clause shall be the authorized representative of the Con-
tracting Officer and under the direction of the Contracting. Officer
have complete charge of the work, and shall exercise full supervision
and general direction of the work, so far as it affects the interest of
the Government. For the purposes of the "Dispute" clause the Con-
tracting Officer shall mean the Commander, Naval Facilities
Engineering Command, the Acting Commander, their successors, or
their representatives specially designated for this purpose.
(b) The provisions in this clause or elsewhere in this
contract regarding supervision, approval or direction by the
Contracting Officer or the OICC or action taken pursuant thereto
are not intended to and shall not relieve the Contractor of responsi-
bility for the accomplishment of the work either as regards
sufficiency or the time of performance, except as expressly other-
wise provided herein.
70. SPECIFICATIONS AND DRAWINGS (6-72)
To Clause 2 add the following paragraphs:
(b) Omissions and Misdescriptions. Omissions from the
drawings or specifications or the misdescription of details of work
which are manifestly necessary to carry Out the intent of the draw-
ings and specifications, or which are customarily performed, shall
not relieve the Contractor from performing such omitted or mis-
described details of work but they shall be performed as if fully and
correctly set forth and described in the drawings and specifications.
(c) Deviations, Deviations from the drawings and
dimensions therein given, whether or not error is believed. to exist,
shall be made only after written authority is obtained from the
01CC.
71. PRECEDENCE (6.72)
In the event of conflict or inconsistency between any of the
provisions of the various portions of this contract (the reconciliation
of which is not otherwise provided for here), precedence shall be
given in the following order, the provisions of any particular portion
prevailing over those, of a subsequently listed portion.
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(2) the specifications referred to in Standard Form
23 (including all addenda, and mechanical and technical but not
contractual aspects of incorporated provisions) as specifically
amended herein, if amended.
(3) printed provisions of the contract form,
including printed provisions of added slip sheets.
72. ORAL MODIFICATION (6-72)
No oral statement of any person whomsoever shall in any
manner or degree modify or otherwise affect the terms of this con-
tract.
73. NO WAIVER BY GOVERNMENT (5,72)
The failure of the Government in any one or more instances
insist upon the strict performance of any of the terms of this
contract or to exercise any option herein conferred, shall not be
construed as a waiver or relinquishment to any extent of the right to
assert or rely upon any such terms or option on any future occasion.
74. SUPERSEDURE (6.72)
If this contract has been preceded by a Letter or Dispatch of
Intent or a Notice of Award, anticipating the execution of this
contract then such Letter or Dispatch or Notice and all rights and
obligations of the parties thereunder are superseded and merged into
this contract. All acts of the Contractor and the Government and all
payments, if any, made by the Government under said Letter or
Dispatch or Notice shall be deemed to have been under this con-
tract.
75. SANITATION (6-72)
Adequate sanitary conveniences of any approved type for the
use of persons employed on the work, and properly secluded from
public observation, shall be constructed and maintained by the Con-
tractor in such a manner and at such points as shall be required or
approved by the O1CC. These conveniences shall be maintained at
all times without nuisance and their use shall be strictly enforced.
Upon completion of the work they shall be removed from the
premises, leaving the premises clean and free from nuisance.
76. TESTING FOUNDATIONS (6-72)
Tests of the bearing value of the material underlying the
foundation of the structure to be built shall be made at such times
and places and in such a manner as may be directed by the OICC. As
far as practicable, test piles, when used, shall be so located that they
can become part of the finished structure. The Contractor shall
furnish OICC ample opportunity for viewing tests and making such
records as the latter may consider advisable. The Contractor shall be
.entitled to compensation for making such tests in the same manner
as for a change required by the OICC under Clause 3 to the extent
the contract price does not include compensation therefor. Notice
must be given of intention to request compensation in accordance
with Clause 3.
77. PAYMENT TO CONTRACTOR (6-72)
(a) If the contract amount exceeds one million dollars
Clause 7 PAYMENTS TO CONTRACTOR is modified as follows:
"Where 'the time originally specified for completion of
this contract exceeds one year, the Contracting Officer, at any time
after 50 percent of the work has been completed? if he finds that
satisfactory progress is being made, may reduce the total amount
retained from progress payments to. an amount not less than 10
percent of the estimated value of the work remaining to be done
under the contract or 1'A percent of the total contract amount
whichever is higher. In computing the total contract amount, for the
purposes of the preceding sentence. the contract ansnunt for an'.
separate building, public work, or other division of the contract on
which the price is stated separately in the contract and on which
payment has been in full. including retained percentage thereon
under this clause shall be excluded."
(b) To Clause 7 add the following sentence at the end of
paragraph (b). and add paragraph (f) below:
Such payments shall, be made on submission of
itemized requests by the Contractor and shall be subject to reduc-
tion for overpayments or increase for underpayment,. on preceding
payments to the Contractor.
(f) The obligation of the Government to make any of the
payments required under any of the provisions of this contract shall.
in the discretion of the 01CC, be subject to 11) reasonable deduc-
tions on account of defects in material or workmanship. and (2) any
claims which the Government may have against the Contractor
under or in connection with this contract. Any overpayments to the
Contractor shall, unless otherwise adjusted, be repaid to the Govern.
ment upon demand.
78. CHANGES BOARD AND ESTIMATES (6.72)
In determining any equitable adjustment under Clause 3, the
OICC shall. in those instances where the adjustment to be made in
compensation is estimated by the OICC to amount to 126.000 or
more, convene, and give full consideration to the report of an
advisory board of three members, consisting of two Government
representatives appointed by the OICC and one representative
appointed by the Contractor. This board shall estimate and report
to the 01CC the amount of the change in cost. time, or both.
resulting from the ordered change In making all equitable adjust-
ments under Clause 3, compensation for additions will he based
upon estimated costs at the time the work is performed and credit
for deductions will be based upon estimated costs at the time the
contract was made, To such cost estimates, 6 percent shall be added
to adjust the Contractor's profits. In arriving at the amount of the
change in price, if any, allowance may be made for overhead and
general expenses, plant rental, and other similar items.
79. CONTRACTOR QUALITY CONTROL (CQC) (6.72)
This clause applies only when specifically required by the
specifications.
(a) The Contractor shall provide a quality control'
organization and system to perform inspections and tests of all
items of work, including that of his subcontractors, to ensure con-
formance with the contract provisions. Quality control will be
established for all work, except where specific provisions of the
contract provide for Government approvals, inspections and tests.
The Contractor's quality control system will specifically include-.
but not be limited to the inspections and tests required in the
technical provisions of the contract specifications, and shall cover All
construction operations, including both on,site and offsite
fabrication.
(b) The Contractor shall provide a CQC representative..
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supplemented as necessary by additional personnel, who shall be on
the work at all times. during progress, with complete authority to
take any action necessary to ensure conformance with the contract.
The CQC representative shall be appointed by a letter addressed to
him and signed by an officer of the firm. This letter shall detail the
CQC representative's authority and responsibility to act for the
Contractor. The CQC representative shall report directly to an
officer of the firm and shall not be subordinate to the job
superintendent or project manager.
(c) The Contractor shall furnish to the Government
within fifteen (15) calendar days after receipt of the Notice of
Award, a CQC Plan which shall detail the procedures, instructions,
and reports to be used to assure conformance with the contract.
Unless specifically authorized by the OICC(ROICC in writing, no
construction will be started until the Contractor's quality control.
plan is approved. This plan will include, as a minimum;
(1) A copy of the appointing letter to the
Contractor quality control representative, outlining his duties,
responsibilities, and authority, and signed by an officer of the firm.
Included in this letter as a minimum, must be the authority to direct
removal and replacement of any defective work.
(2) The quality control organization in chart form.
showing the relationship of the quality control organization to other
elements of the company.
(3) Names and qualifications of personnel in the
quality control organization.
(4) Area of responsibility and authority of each
individual in the quality control organization.
(5) A listing of outside organizations such as testing
laboratories, architects, and consulting engineers that will be
employed by the Contractor, and a description of the service these
firms will provide.
(6) Procedures for reviewing all shop drawings,
samples, certificates, or other submittals for contract compliance,
including the narue of the person(s) authorized to sign the
submittals for the Contractor, as complying with the contract.
(7) An inspection schedule, keyed to the
construction schedule, indicating what test will be performed, when
testing will be performed, and by whom.
(8) Method of documenting the quality control
operation, inspection, and testing, including a copy of all forms and
reports to be used for this purpose.
As a minimum, inspection procedures shall include:
(1) Preparatory Inspection. (Performed prior to
beginning any work, or segment of work.) Preparatory inspection
shall include a review of contract requirements; review and approval
of shop drawings and submittal data for the work, or segment of
work, (see paragraph (h) below); a check to assure that provisions
have been made to provide required control testing: an examination
of the work to ascertain that all preliminary work has been
completed; and a physical examination of materials and equipment
to assure that they conform to approved shop drawings or submittal
data.
(2) Initial Inspection, (Performed as soon as a
representative segment of the particular item of work has been
accomplished.) Initial inspection shall include performance of
scheduled testa, examination of the quality of workmanship. a
review of test results for compliance with contract requirements, a
review for omissions or dimensional errors, and approval or rejection
of the initial segment of the work.
(3) Follow-up Inspections. (Performed daily or as
frequently as necessary.) Continued testing, and examinations to
assure continuing compliance with contract requirements.
(e) After the contract is.awarded, but before construction
operations are started, the Contractor shall. meet with the
OICC!ROiCC, or his representative, and discuss the quality control
requirements. The purpose of the meeting shall be to develop a
mutual. understanding relative to details of the system, including
forms to be used for recording the quality control operations.
inspections,. tests, approvals, certifications, administration of the
system, and Government surveillance. This meeting shall also
develop a schedule for future weekly or biweekly CQC meetings and
shall establish procedures for submission of daily reports and other
records documents.
(f) The Contractor shall submit dailyCQC reports to the
O1CC/ROiCC. identifying prime and subcontractor personnel. and
equipment on the site, idle equipment and personnel, material
deliveries, weather conditions; the work accomplished; the
inspections and tests conducted; results of inspections and tests;
nature of defects found; causes for rejection; proposed remedial
action; and corrective actions taken; together with the following
certifications: "The above report is complete and correct and an
material and equipment used and work performed during this
reporting period are in compliance with the contract plans and
specifications, to the best of my knowledge,, except as noted
above." This certification shall be signed for the Contractor by the
duly authorized CQC representatives.
(g) Where test results by a testing laboratory are provided,
they shall site the contract requirements, the actual -test results, and
include a statement that the item tested conforms (or fails to
conform) to the specification requirements?
(h) All submittals, shop drawing4 catalog cuts, samples,
etc., unless otherwise specifically noted; shall be approved and
certified by the Contractor as conforming to the plans and
specifications. Four (4) copies of all shop drawings, catalog cuts, or
other submittals, with the Contractor's approval indicated thereon,
shall be sent to the ROICC for record purposes, within one (1)
working day of the Contractor's approvaL
80. DAMAGES FOR DELAY'-DEFENSE MATERIALS
SYSTEM AND PRIORITIES (6-72)
The Government will take, no action pursuant to Clause 5 of
Standard Form 23A to terminate the right of the Contractor to
proceed or to assess liquidated or actual damages. where failure of
the Contractor to complete the work within the time specified is
due solely to the operation of the Defense Materials System and
Priorities, provided the Contractor and his subcontractors comply
with the provisions of this System and the Contractor's lateness in
completion of the work is. not otherwise, caused by the fault or
negligence of the Contractor. Such delays will be excusable within
the meaning of Clause 5, and the Contractor will be entitled to a
time extension by reason thereof.
81. SPECIFICATIONS AND STANDARDS (6-72)
The specifications and standard's referenced in this
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(c). Provide index of included items with each volume.
Title the index with applicable specification section name and
number.
(d) Clearly mark each item in volume with specification
paragraph number to which it pertains.
(f) See individual technical sections for additional
information.
The Contractor shall certify on all submittals that the material being
proposed conforms to contract requirements. In the event of any
variance, the Contractor shall state specifically which portions vary,
and request approval of a substitute. The Contractor shall also
certify that all Contractor- furnished equipment can be installed in
the allocated spaces. Incomplete submittals and submittals with
inadequate data will be rejected.
9). CATALOG DATA (6-72)
Catalog data shall be printed pages or permanent copies of
the manufacturer's catalogs.
91. SAMPLES (6.72)
Samples in the number specified, shall be shipped prepaid,
and delivered as directed by the Officer in Charge of Construction.
Samples shall be marked to show name of material, name of
supplier, contract number, segment of work where material
represented by sample is to be used, and name of Contractor
submitting sample.
92. STORM PROTECTION (6-72)
Should warnings of winds of gale force or stronger be issued,
the Contractor shall take every practicable precaution to minimize
danger to person, to the work and to adjacent property.
93. CONTRACTOR'S DAILY REPORT (6-72)
The Contractor will be required to submit a "Daily Report to
Inspector," Form NAVFAC 4330/34. The forms shall be completed
daily and delivered to the Officer in Charge of Construction. Data to
be included in the form is data on workers by classification, the
move-on and move-off of construction equipment furnished by the
prime and subcontractor or furnished by the Government, and
materials and equipment delivered to the site for installation in the
work.
If Clause 79, "Contractor Quality Control" is applicable to
this contract, the information required by this clause shall be
submitted as a part of the reports required under Clause 79.,
If the Contractor desires to carry on work outside regular
hours or on Saturdays, Sundays or holidays, he shall submit
application to the Officer in Charge of Construction, but shall allow
ample time to enable satisfactory arrangements to be made by the
Government for inspecting the work in progress. At night, he shall
light the different parts of the work in an approved manner. Al]
utility cutovers shall be made after normal working hours or on
weekends Anticipated costs shall be included in the bid.
95. EXISTING WORK. (6-72)
The disassembling, disconnecting, cutting, removal or altering
in any way of existing work shall be carried on in such a manner as
to prevent injury or damage to all portions of existing work.
whether they are to remain in place, be reused in the new work, or
be salvaged and stored. All portions of existing work which have
been cut, damaged or altered in any way during construction
operations shall be repaired or replaced in kind and in an approved
manner to match existing or adjoining work. All work of this nature
shall be performed by the Contractor at his expense and shall be as
directed. Existing work shall, at the completion of all operations, be
left in a condition as good as existed before the new work started.
96. SMALL BUSINESS SUBCONTRACTING
PROGRAM (MAINTENANCE, REPAIR AND
CONSTRUCTION) (1976 OCT)
(The following clause is applicable if thi.f contract Istn excess
of $500, 000)
(a) The Contractor agrees to establish and conduct a small
business subcontracting program which will enable small business
concerns to be considered fairly as subcontractors, including
suppliers, under this contract. In this connection, the Contractor
shall designate an individual to (i) maintain liaison with the
Government on small business matters, and. (ii) administer the
Contractor's "Small Business Subcontracting Program."
(b) The Contractor shall submit DD Form 1140-i each
quarter in accordance with the instructions provided an, the form,
except that where the Contractor submits the report on a corporate
basis rather than a plant basis, he may submit his reports to the
Department having. the responsibility for the Small Business Sub-
contracting Program at the corporate headquarters. The reporting
requirements of this subparagraph (b) do not apply to small business
contractors, small business subcontractors or educational and non.
profit institutions
(c) The Contractor further agrees (i) to insert the
"Utilization of Small Business Concerns" clause in subcontracts
which offer substantial subcontracting opportunities, and (ii) to
insert in each such subcontract exceeding 11500,000 a clause
conforming substantially to the language of this clause except that
subcontractors shall submit DD Form 1140-1 direct to the
Government addressees prescribed on the Form. The Contractor will
notify the Contracting Officer of the name and address of each
subcontractor that will be required to sebmis a report on DD Form
1140.1. (ASPR 7-602.26(b))
97. MINORITY BUSINESS ENTERPRISES
SUBCONTRACTING PROGRAM (1971 NOV)
The provisions of this clause shall be applicable only if the
amount of this contract exceeds 5500.000.
(a) The Contractor agrees to establish and conduct a
program which will enable minority business enterprises (as defined
in the clause, entitled. "Utilization of Minority Business
Enterprises") to be considered fairly as subcontractors and suppliers
under this contract In this connection, the Contractor shall-
. (1) Designate a liaison officer who wilt administer
the Contractor's "Minority Business Enterprises Program."
(2) Provide adequate and timely consideration of
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specification (including addenda, amendments, and errata listed)
shall govern in all cases where references thereto are made. In case
of differences between these specifications or standards and this
specification or its accompanying drawings, this specification and its
accompanying drawings shall govern to the extent of such
differences; otherwise, the referenced specifications and standards,
shall apply. The requirement for packaging, packing, marking, and
preparation for shipment or delivery included in the referenced
specifications shall apply only to materials and equipment that are
furnished directly to the Government and not to materials and
equipment that are to be furnished and installed by the Contractor.
(a) When a number in parenthesis is suffixed to a .
NAVFAC, NAVDOCKS, Military or Federal Specification. it
denotes the effective amendment or change to the document.
(b) Unless otherwise specified by this contract
specification, all tests required by the referenced specifications and
standards shall be conducted at no expense to the Government
under the supervision of and in a laboratory acceptable to the
Government.
(c) Application for specifications other than NAVFAC,
Yards and Docks, Military or Federal specifications should be made
to the organizations publishing them. NAVFAC, Yards and Docks,
Federal, and Military specifications may be ordered from
Commanding Officer, Naval Publications and Forms Center, 5801
Tabor Avenue, Philadelphia, Pennsylvania 19120. However, a copy
of all referenced documents will be available for examination only
at the office of the Officer in Charge of Construction.
82. SECURITY REQUIREMENTS. (6.72)
No employee or representative of the Contractor will be
admitted to the site of the work unless he furnishes satisfactory
proof that he is a citizen of the United States or, is specifically
authorized admittance to the site of the work by the OICC.
83. STATION REGULATIONS (6-72)
The Contractor and his employees and subcontractors shall
become familiar with and obey all Station regulations including fire,
traffic, and security regulations. All personnel employed on the
station shall keep within the limits of the work (and avenues of
ingress and egress), and shall not enter any restricted areas unless
required to do so and are cleared for such entry. The Contractor's
equipment shall be conspicuously marked for identification.
84. ORDER OF WORK (6-72)
The Contractor shall schedule his work so as to cause the
least amount of interference with Station operations. Work
schedules shall be subject to the approval of the Officer in Charge of
Construction, Permission to interrupt any Station utility service
shall be requested in writing a minimum of 5 working days prior to
the desired date of interruption.
85. SCHEDULE OF PRICES (6-72)
Within 5 days of receipt of a Notice of Award, the
Contractor shall prepare and submit to the Officer in Charge of
Construction, a Schedule of Prices (Construction Contract),
N A VFAC 433014. The schedule shall consist of a detailed
breakdown of the contract price, giving the quantities for each of
the various kinds of work, the unit prices, and the total prices
therefor. The detailed breakdown shall be segregated under each of
the construction categories given hereinafter. The required schedule
must be based on the actual, breakdown of the bid price.
Accordingly, subcontractors who may be involved in work under
more than one of these categories shall be advised of this
requirement in order to assure their being in a position to furnish
these data without delay. The format, content and number of copies
required shall be as further prescribed by the Officer in Charge of
Construction and shall be subject to his approval. The submission of
the required data shall not otherwise affect the contract terms.
Form NAVFAC 4330/4 will be. furnished by the Officer in Charge
of Construction.
86. CONTRACTOR'S INVOICE AND CONTRACT
PERFORMANCE STATEMENT (6-72)
Requests for payment in accordance with the terms of the
contract shall consist of:
(a) Contractor's Invoice on form NAVFAC 10-7300/30,
which shall show, in summary form, the basis for arriving at the
amount of the invoice, and:
(b) Contract Performance Statement an form NAVFAC
10-7300131, which shall show in detail, the estimated cost
percentage of completion and value of completed performance for
each of the construction categories given hereinafter. The format,
content, and number of copies required shall be as further
prescribed by the Officer in.Charge of Construction and shall be
subject to his approval The submission of the required data shall
not otherwise affect the contract terms. Forms NAVFAC
10.7300/30 and 10.7300/31 will be furnished by the Officer in
Charge of Construction.
87. AS-BUILT RECORD OF MATERIALS USED IN
BUILDINGS (6-72)
Prior to completion of the contract, the Contractor shall
ftitnish an "as-built" record of materials used in. the construction.
Submittal of this data is made a condition for final payment under
the contract. Where several manufacturer's brands, tapes,. or classes
of the items listed have been used in the project, the specific areas
where each item was used shall be designated. Designations shall be
keyed to the area and space designations on the contract drawings.
88. OPTIONAL REQUIREMENTS (fr72)
Where a choice of materials and/or methods is permitted .
herein, the Contractor will be given the right to exercise the option
unless stated specifically otherwise.
89. PROPOSED MATERIAL SUBMITTALS. REQUIRED
OF THE CONTRACTOR (6.72)
Proposed material. submittals required of the Contractor shall
be made allowing sufficient time for processing, reviews, approval.
and procurement before the Contractor is ready to use the material
No material shall be used prior to written approval Submittals shall
be prepared and assembled as follows-
(a) Submit 7 copies of each submittal.
(b) Present all submittals for each specification section as
a complete bound volume, titled with project title, and contract
number.
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the potentialities of known minority business enterprises in all
"make-or-buy" decisions.
(3) Assure that known minority business
enterprises will have an equitable opportunity to compete for
subcontracts, particularly by arranging solicitations, time for the
preparation of bids, quantities, specifications, and delivery schedules
so as to facilitate the participation of minority business enterprises.
(4) Maintain records showing (i) procedures which
have been adopted to comply with the policies set forth in this
clause, including the establishment of a source list of minority
business enterprises, (ii) awards to minority business enterprises on
the source list, and (iii) specific efforts to identify and award
contracts to minority business enterprises.
(5) Include the "Utilization of Minority Business
Enterprises" clause in subcontracts which offer substantial minority
business enterprises subcontracting opportunities.
(6) Cooperate with the Contracting Officer in any
studies and surveys of the Contractor's minority business enterprises
procedures and practices that the Contracting Officer may from
time to time conduct.
(7) Submit periodic reports of subcontracting to
known minority business enterprises with. respect to the records
referred to in subparagraph (4) above, in such form and manner and
at such time (not more often than quarterly) as the Contracting
Officer may prescribe.
(b) The Contractor further agrees to insert, in any
subcontract hereunder which may exceed $500,000 provisions
which shall conform substantially to the language of this clause,
including this paragraph (b), and to notify the Contracting Officer
of the names of such subcontractors. (ASPR 7-104.36 (b))
98. PREFERENCE FOR DOMESTIC SPECIALTY
METALS (1972 NOV)
(a) The Contractor agrees that any specialty metals (as
hereinafter defined) furnished by it or purchased by it for direct
incorporation in any article delivered to the Government under this
contract shall have been melted in the United States, its possessions,
or Puerto Rico, provided that this clause shall have effect to the
extent that the Secretary or his designee determines, as to any such
articles, that a satisfactory quality and sufficient quantity cannot be
procured as and when needed at United States market prices.
(b) For the purposes of this clause, the term "specialty
metals" means:
(i) steels, where the maximum alloy content
exceeds one or more of the following limits: manganese, 1.65
percent; silicon, 0.60 percent; or copper 0.60 percent or which
contains more than 0.25 percent of any of the following elements:
aluminum, chromium, cobalt, columbium, molybdenum, nickel,
titanium. tungsten, or vanadium;
(ii) metal alloys consisting of nickel, iron-nickel
and cobalt base alloys containing a total of other alloying metals
(except iron) in excess of ten percent (10%);
99. ENVIRONMENTAL LITIGATION (12-74)
(a) If the performance of all or any part of the work is
suspended, delayed, or interrrupted due to an order of a court of
competent jurisdiction as a, result of environmental litigation as
defined below, the. Contracting Officer, at the request of the
Contractor, shall determine whether the order is due in any part to
the acts or omissions 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 in the
administration of this contract under the terms of: the "Suspension
of Work" clause of this contract. The period of such suspension.
delay or interruption shall be considered unreasonable. and an
adjustment shall be made for any increase in the cost of
performance of this contract (excluding profit) as provided in that
clause, subject to all the provisions thereof.
(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.
100. COST ACCOUNTING STANDARDS (1975 FEB)
(a) Unless the Cost Accounting Standards Board has
prescribed rules or regulations exempting the Contractor or this
contract from standards, rules, and regulations promulgated
pursuant to 50 U.S.C. App. 2168 (Public Law 91.379, August 15.
1970), the Contractor, in connection with this contract shall:
(1) By submission of a Disclosure Statement.
disclose in writing his cost accounting practices as required by
regulations of the Cost Accounting. Standards board. The required
disclosures must be made prior to contract award unless the
Contracting Officer provides a written notice to the Contractor
authorizing post-award submission in accordance with regulations of
the Cost Accounting Standards Board. The practices disclosed for
this contract shall be the same as the practices currently disclosed
and applied on all other contracts and subcontracts being performed
by the Contractor and which contain this Cost Accounting
Standards clause. If the Contractor has notified the Contracting
Officer that the Disclosure Statement contains trade secrets and
commercial or financial information which is privileged and
confidential, the Disclosure Statement will be protected and will not
be released outside the Government.
(2) Follow consistently the cost accounting
practices disclosed pursuant to (1) above in accumulating and
reporting contract performance cost data. concerning this contract.
If any change in disclosed practices is made for purposes of any
contract or subcontract subject to Cost Accounting Standards Board
requirements, the change must. be applied prospectively to this
contract, and the Disclosure Statement must be amended
accordingly. If the contract price or cost allowance of this contract
is affected by such changes, adjustment shall be made in accordance
with subparagraph (a)(4) or (a)(5) below, as appropriate.
(3) Comply with all Cost Accounting Standards in
effect on the date of award of this contract or if the Contractor his
submitted cost or pricing data,. on. the date of final agreement on
price as shown on the Contractor's signed certificate of current cost
or pricing data. The Contractor shall also comply with any Cost
Accounting Standard which hereafter becomes applicable to a
(ir) zirconium and zirconium base alloys. (ASPR
7.104.93 (b))
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contract or subcontract of the. Contractor. Such compliance shall be
required prospectively from the date of applicability to such
contract or subcontract.
(4) (A) Agree to an equitable adjustment as
provided in the changes clause of this contract if the contract cost is
affected by a change which, pursuant to (3) above, the Contractor is
required to make his established cost accounting practices whether
such practices are covered by a Disclosure Statement or not.
(B) Negotiate with the Contracting Officer
to determine the terms and conditions under which a change to
either a disclosed cost accounting practice or an established cost
accounting practice, other than a change under (4)(A),above, may
,be made. A change to a practice may be proposed by either the
Government or the Contractor, provided, however, that no agree-
ment may be made under this provision that will increase costs
paid by the United States.
(5) Agree to an adjustment of the contract price or
cost allowance, as appropriate, if he or a subcontractor fails to
comply with an applicable Cost Accounting Standard or to follow
any practice disclosed pursuant to subparagraphs (a)(1) and (a)(2)
above and such failure results in any increased costs paid by the
United States. Such adjustment shall provide for recovery of the
increased costs to the United States together with interest thereon
computed at the rate determined by the Secretary of the Treasury
pursuant to Public Law 92-41, 85 STAT. 97, or seven percent (7%)
per annum, whichever is less, from the time the payment by the
United States was made to the time the adjustment is effected.
(b) if the parties fail to agree whether the Contractor or a
subcontractor has complied with an applicable Cost Accounting
Standard. rule, or regulation of the Cost Accounting Standards
Board and as to any cost adjustment demanded by the United
States, such failure to agree shall be a dispute concerning a question
of fact within the meaning of the Disputes clause of this contract
(c) The Contractor shall permit any authorized
representatives of the head of the agency, of the Cost Accounting
Standards Board, or of the Comptroller General of the United States
to examine and make copies of any documents, papers, or records
relating to compliance with the requirements of this clause.
(d) The Contractor shall include in all negotiated
subcontracts which he enters into the substance of this clause
except paragraph (b), and shall require such inclusion in all other
subcontracts of any tier, except that this requirement shall apply
only to negotiated subcgntracts in excess of $100,000 where the
price negotiated is not based on:
(i) established catalog or market prices of
commercial items sold in substantial quantities to the general public,
or
(ii) prices set by law or regulation and except that
the requirement shall not apply to negotiated subcontracts
otherwise exempt from the requirement to accept the Cost
Accounting Standards clause by reason of Section 331.30(b) of
Title 4 Code of Federal Regulations (4 CFR 331.30(b)).
Note: (1) Subcontractors shall be required to submit their
Disclosure Statements to the Contractor. However, if a
subcontractor has previously submitted his Disclosure Statement to
a Government Administrative Contracting Officer (ACO) he may
satisfy that requirement by certifying to the Contractor the date of
such Statement and the address of the ACO.
(2) In any case where a subcontractor determines
that the Disclosure. Statement information is privileged and
confidential and declines to provide it to his Contractor or higher
tier subcontractor, the Contractor may authorize direct submission
of that subcontractor's Disclosure Statement to the same
Government offices to which the Contractor was required to make
submission of his Disclosure Statement" Such authorization shall in
no way relieve the Contractor of liability as. provided} in paragraph
(a)(5) of this clause. In view of the foregoing and since the contract
may be subject to adjustment under this clause by reason of any
failure. to comply with rules, regulations, and Standards of the Cost
Accounting Standards Board in connection with covered
subcontracts, it is expected, that the Contractor may wish to include
a clause in each such subcontract requiring the subcontractor to
appropriately indemnify the Contractor. However, the inclusion of
such a clause and the terms thereof are matters for negotiation and
agreement between the Contractor and the subcontractor, provided
that they do not conflict with the duties of the Contractor under its
contract with the Government. It is also ex ected that any
subcontractor subject to such indemnification wiligenerally require
substantially similar indemnification to be submitted. by his
subcontractors.
(e) The terms defined in Section 331.20 of Part 331 of
Title 4, Code of Federal Regulations (4CFR 331.20) shall have the
same meanings herein. As there defined, "negotiated subcontract"
means "any subcontract except a firm fixed-price subcontract made
by a Contractor or subcontractor after receiving offers from at least.
two firms not associated with each other or such Contractor or
subcontractor, providing (1) the solicitation to all competing firms
is identical, (2) price is the only consideration in selecting the
subcontractor from among the competing firms solicited, and (3)
the lowest offer received in compliance with the solicitation from
among those solicited is accepted:" (ASPIC, 7-1044.83)
101. LOCAL AFFIRMATIVE ACTION PLAN (1972
DEC) (REVISED)
(1) "Hometown Plan" or "Plan means the formal
agreement among contractors, unions, and.minority representatives
described in the solicitation from which this contract resulted.
(2) "the covered area" means the geographical area
described in the solicitation from which this contract resulted;.
(3) "Director, OFCC means the Director, Office
of Federal Contract Compliance, United States Department of
Labor, or any person to whom he delegates authority; and
(4) "minority" means Negro. Spanish surnamed
American, Oriental, and American Indian, and includes both men
and women.
(b) Whenever the Contractor, or any subcontractor at any
tier, subcontracts a portion of the work involving any construction
trade, he shall include in each such subcontract exceeding $10.000
the provisions of this clause and any applicable minority manpower
utilization goals under this contract, which shall be adopted by his
subcontractor, who shall with regard to his own employees and
subcontractors be bound thereby to the full extent as if he were the
Contractor.
(c) If the Contractor is signatory to the Plan either
individually or through an association, his affirmative action
program shall be in accordance with the Plan. In such cue,
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paragraphs (a), (b), (c), (1) and (m) of this clause shall apply.
However, to the extent that the Contractor, or any subcontractor at
any tier, employs construction trades that are not covered by the
Plan, all of the provisions of this clause shall apply. For the purposes
of this paragraph (c). construction trades shall be considered not
covered by the Plan: (i) if the Contractor violates a substantial
requirement of the Plan or ceases to be signatory thereto; (ii) if the
Director, OFCC, determines that the Plan is no longer an acceptable
affirmative action plan; (iii) if the employing subcontractor is not or
ceases to signatory to the Plan, either individually or through an
association; (iv) if the construction trade is not one of the trades
participating in the Plan; or (v) if the construction trade, though
participating,. is not subject to a specific goal for minority
manpower utilization and has not been exempted from such a goal
by the Director, OFCC.
(d) If the Contractor is not signatory to, the Plan, his
affirmative action program shall be in accordance with this clause.
However, if the Contractor subsequently becomes signatory to the
Pla;s, his affirmative action program shall be in accordance with the
Plan, subject to the provisions of paragraph (c) above.
(e) The Contractor shall make good faith efforts to meet
at least the minimum minority manpower utilization goals set forth
in the solicitation from which this contract resulted. These goals
constitute a commitment of the manhours of employment and
training of minority workers the Contractor will undertake in each
construction trade as a percentage of the total manhours to be
worked in that construction trade on all of the Contractor's
construction work in the covered area during the term of this
contract. The percentage of manhours for minority employment
and training shall be substantially uniform throughout the term of
this contract for each construction trade and for all projects.
Minority employees or trainees shall not be transferred from
employer-to-employer or from project-to-project for the sole
purpose of meeting minority manpower utilization goals.
(f) Minority manpower utilization goals shall be satified,
whenever possible, by employment of qualified minority
journeymen; provided, however, that the Contractor shall comply
with the "Apprentices and Trainees:" clause of this contract;
(g) In order for the nonworking training hours of trainees
to be counted in meeting the minority manpower utilization goals,
such trainees must be employed by the Contractor during the
training period, the Contractor must have made a commitment to
employ the trainees at the completion of their training, and the
trainees must be trained pursuant to established training programs
which must be the equivalent, with repsect to the nature, lxtent and
duration of training offered, of the training programs provided for
in the Plan.
(h) The Contractor shall take affirmative action to
increase his minority manpower utilization, which action shall be
least as extensive and as specific as the following steps:
(i) Notify community organizations that the
Contractor has employment opportunities available and maintain
records of the organizations' response.
(ii) Maintain a file of the names and addresses of
each minority worker referred to him and what action was taken
with respect to each such referred worker. If such worker was
neither sent to the union hiring hall for referral, nor employed by
the Contractor, the Contractor's file should document this fact and
the reasons therefor.
(iii) Promptly notify the Director, OFCC, when any
union with whom the Contractor has a collective bargaining
agreement has not referred to the Contractora minority worker sent
by the Contractor, or the Contractor has other information that the
union referral process has impeded him in his efforts to meet his
goal.
(iv) Participate in training programs in the area.
especially those funded by the Department of Labor.
(v) Disseminate his EEO policy within his own
organization by including it in any policy manual; by publicizing-it
in company newspaper, annual report, etc.; by conducting. staff
employee and union representatives' meetings to explain and discuss
the policy; by posting of the policy; by posting of the policy; and
by specific review of the policy with minority employees.
(vi) Disseminate his EEO policy externally by
informing, and discussing it with, all recruitment sources; by
advertising in news media, specifically including minority news
media; and by notifying, and discussing it with. all subcontractors
and suppliers
(vii) Make specific and constant personal (both
written and oral) recruitment efforts directed at all minority
organizations, schools with minority students, minority recruitment
organizations and minority training organizations, within the
Contractor's recruitment area.
(viii) Make specific efforts to encourage present
minority employees to recruit their friends and relatives.
(ix) Validate all man specifications, selection
requirements, tests, etc.
(x) Make every effort to provide after-school,
summer and vacation employment to minority youths.
(xi) Develop on-the-job training opportunities and
participate and assist in any association or employer-group training
programs relevant to the Contractor's employee needs consistent
with his obligations under this Local Affirmative Action Plan clause.
(xis) Continually inventory and evaluate all minority
personnel for promotion opportunities and encourage minority
employees to seek such opportunities.
(xiii) Make sure that seniority practices, job
classifications, etc., do not have a discriminatory effect.
(xiv) Make certain all facilities and company
activities are non-segregated.
(xv) Continually monitor all personnel activities to
ensure that his EEO policy is being carried out..
(xvi) Solicit bids for subcontracts from available
minority subcontractors engaged in the trades covered by his
commitment, including circulation of minority contractor
associations
(i) The Contractor shall not, in any event, utilize the
goals, timetables or affirmative action steps in such a manner as to
cause or result. in discrimination against any person on account of
race, color, religion, sex or national origin. -
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0) The Contractor shall be deemed to have met his
commitment to the minority manpower utilization goals if he has
not denied equal employment opportunity and if his minority
manpower utilization rate meets the goals on the total of all of the
Contractor's work in the covered area. The minority manpower
utilization of subcontractors shall not be considered in determining
whether the Contractor has met the minority manpower utilization
goals. The Contractor shall not be found to be in noncompliance
with the obligations of the affirmative action plan solely because of
failure to sheet the applicable minority manpower utilization goals.
In the event of such a failure, the Contractor shall be given the
opportunity to demonstrate that he has instituted all of the
affirmative action steps specified in (h) above and has made every
good faith effort to make these steps work toward the attaintment
of the goals, all to the purpose of expanding minority manpower
utilization on all his projects in the covered area. If the Contractor
meets the goals or if' he can demonstrate that he has made every
.'good faith" effort to meet those goals, no formal sanctions or
proceedings leading toward sanctions shall be instituted unless it is
otherwise determined that he is not providing equal employment
opportunity. If the Contractor has failed to comply with the
requirements of the Executive Order 11246, as amended. the
implementing regulations, or his obligations hereunder, action will
be taken to impose such sanctions as may be appropriate under the
Executive Order and the regulations. When the Government
proceeds with such formal action, it has the burden of proving that
the Contractor has not met the requirements of his commitment
hereunder, but proof of the Contractor's failure to meet the goals
shall shift to him the requirement to come forward with evidence to
show that he has met the "good faith" requirements of his
commitment. It shall be no excuse that a union with which the
Contractor has a collective bargaining agreement providing for
exclusive referral failed to refer minority employees.
(k) In the event that any work or activity under this
contract takes place in a year later than the latest year for which an
acceptable range of minority manpower utilrtation was provided in
the solicitation from which this contract resulted, the goals for said
latest year shall apply.
(1) The Contractor, and his subcontractors at any tier,
shall not enter into any subcontract or subcontract modification
subject to Executive Order 11246 of September 24, 1965, as
amended, with any person or firm debarred from, or who has been
determined not to be a "responsible" bidder for, Government
contracts and federally assisted construction contracts pursuant to
the Executive Order. The Contractor, and his subcontractors at any
tier, shall carry out such sanctions and penalties for violation of the
Equal Opportunity clause of this contract, including suspension.
termination and cancellation of existing subcontracts, as may be
imposed or ordered by the Director, OFCC. The Contractor, or his
subcontractors at any tier, shall be deemed to be in noncompliance
with this clause, the Equal Opportunity clause, and Executive Order
11246, as amended, for any failure to carry out such sanctions and
penalties.
(m) The Contractor shall keep records and file reports
relating to the provisions hereof as may be required by the
Government. (DPC *75-1, 30 Jul 1975)
102. AFFIRMATIVE ACTION FOR HANDICAPPED
WORKERS (1976 MAY)
(a) The contractor will not discriminate against any
employee or applicant for employment because of physical or
mental handicap in regard to any position for which the employee
or applicant for employment is qualified. The contractor agrees to
take affirmative action to employ, advance in employment and
otherwise treat qualified handicapped individuals without discrim-
ination based upon their physical or mental handicap in all employ-
ment practices such as the following: employment,. upgrading, de-
motion or transfer, recruitment, advertising, layoff or terminiation.
rates of pay or other forms of compensation, and selection for
training, including apprenticeship.
(b) The contractor agrees to comply with the rules regula-
tions, and relevant orders of the Secretary of Labor issued pursuant
to the Act.
(c) In the event of the contractor's noncompliance with
the requirements of this clause, action for noncompliance may be
taken in accordance with the rules, regulations and relevant orders
of the Secretary of Labor issued pursuant to the Act
(d) The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices. in a
fotm to be prescribed by the Director, provided by or through the
Contracting Officer. Such notices, shall state the contractor's obli-
gation under the law to take affirmative action to employ and ad-
vance in employment qualified handicapped employees and appli-
cants for employment. and the rights of applicants and employees.
(e) The contractor will notify each labor union or repre-
sentative 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 Rehabilitation Act of
1973, and is committed to take affirmative action to employ and
advance in employment physically and mentally handicapped indi-
viduals.
(f) The contractor will include the provisions of this
clause in every subcontract or purchase order of 12,500 or more
unless exempted by rules, regulations, or orders of the Secretary
issued pursuant to section 503 of the Act, so that such provisions
will be binding upon each subcontractor or vendor. The contractor
will take such action with respect to any subcontract or purchase
order as the Director of the Office of Federal Contract Compliance
Programs may direct to enforce such provisions, including action for
noncompliance. (ASPR 7-103.28)
103. CLEAN AIR AND WATER (1975 OCT)
(Applicable only if the -ontract exceeds $100000, or the
Contracting Officer has determined that orders under an indefinite
quantity contract in any one tear will exceed $100,000. ore facility
to he used has been the subject of a conpictiort under the Clean Air
Act (42 U.S.C. 1857c-8(c) 111) or the Federal Water Pollution
Control Act (33 L'.&C 1319(c)) and is ruled by, EPA, or the
contract is not otherwise exempt.)
(a) The Contractor agrees as follows-
(i) to comply with all the requirements of section
114 of the Clean Air Act, as amended (42 U.S.C. 1857, et seq., as
amended by Public Law 91-604) and section 308 of the Federal
Water Pollution Control Act (33 U.S.C, 1251, as amended by Public
Law 92-500), respectively, relating to inspection, monitoring,
entry, reports, and information, as well as other requirements
specified in section 114 and section 308 of the. Air Act and the
Water Act, respcctively. and all regulations r ? guidelines. issued
thereunder heft the award of this contrace-
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(ii) that no portion of the work required by this
prime contract will be performed in a facility listed on the
Environmental Protection Agency List of Violating Facilities on the
date this contract was awarded unless and until the EPA eliminates
the name of such facility or facilities from such listing:
(iii) to use his best efforts to comply with clean air
standards and clean water standards at the facilities in which the
contract is being performed; and
(iv) to insert the substance of the provisions of this
clause in any nonexempt subcontract, including this paragraph (iv).
(b) The terms used in this clause have the following
meanings.
(1) The term "Air Act" means the Clean Air Act,
as amended (42 U.S.C. 1857 at seq., as amended by Public Law
91-604).
(2) The term "Water Act" means Federal Water
Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as
amended by Public Law 92-500).
(3) The term "clean air standards" means any
enforceable rules, regulations, guidelines, standards, limitations,
orders, controls, prohibitions, or other requirements which are
contained in, issued under, or otherwise adopted pursuant to the Air
Act or Executive Order 11738, an applicable implementation plan
as described in section 110(d) of the Clean Air Act (42 U.S.C.
1857e-5(d)), an approved implementation procedure or plan under
section 111(c) or section 111(d), respectively, of,the Air Act (42
U.S.C. 1857c-6(c) or (d)), or an approved implementation
procedure under section 112(d) of the Air Act (42 U.S.C.
1857c-7(d)).
(4) The term "clean "ter standards" means any
enforceable limitation, control, condition, prohibition, standard or
other requirement which is promulgated pursuant to 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
a local government to ensure compliance with pretreatment
regulations as required by section 307 of the Water Act (33 U.S.C.
1317).
(5) The term "compliance" means compliance with
clean air or water standards, Compliance shall also mean compliance
with 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 in accordance with the
requirement of the Air Act or Water Act and regulations issued
pursuant thereto.
(6) The term "facility" means any building, plant,
installation, structure, mine, vessel or other Coating craft, location,
or site of operations, owned, leased, or supervised by a contractor,
subcontractor, to be utilized in the performance o., a contract or
subcontract. Where a location or site of operations contains or
includes more than one building, plant, installation, or structure, the
entire location or site shall be deemed to be a facility except where
the Director, Office of Federal Activities, Environmental Protection
Agency, determines that independent facilities are colocated in one
geographical area.
(7) The term "nonexempt contract or subcontract"
rneans a contract or subcontract of more thin $100,000 which is
nor otherwise exempted pursuant to the EPA regulations
implementing the Air Act and Water Act (40 CFR 1 5.5), as further
implemented in ASPR i-2302.A or in FPR 1-1.2302-4
(whichever is applicable) and the procedures of the Department
awarding the contract. (ASPR 7-103.29)
104. EQUITABLE ADJUSTMENTS: WAIVER AND
RELEASE OF CLAIMS (7-76)
(a) Whenever the contractor, after receipt of notification
of a change made pursuant to the clause of this contract entitled
"Changes" or after affirmation of a constructive change thereunder,
submits any claim for equitable adjustment under that clause, such
claim shall include all types of adjustments in the total amounts to
which that clause entitles the contractor, including but not limited
to adjustments arising out of delays or disruptions or both caused
by such change. Except as the parties may otherwise expressly
agree, the contractor shall be deemed, to have waived (i) any
adjustments to which. it otherwise might be entitled under the
aforesaid clause where such claim fails to request such adjustments.
and (ii) any increase in the amount of equitable adjustments
additional to those requested in its claim.
(b) Further, the contractor agrees that, if required by the
Contracting Officer, he will execute a release, in form and substance
satisfactory to the Contracting Officer, as part of the supplemental
agreement setting forth the aforesaid equitable adjustment, and that
such release shall discharge the Government. its officers. agents and
employees, from any futher claims, including but not limited to
further claims arising out of delays or disruptions or both, caused by
the aforesaid. change.
105. AFFIRMATIVE ACTION FOR DISABLED
VETERANS AND VETERANS OF THE VIETNAM
ERA (1976 JUL)
(This clause is applicable pursuant to 41 C.F.R. 60-250, if
this contract is for $10,000 or more.)
(a) The contractor will not discriminate against any
employee or applicant for employment because he or she is a
disabled veteran or veteran. of the Vietnam era in regard to any
position for which the employee or applicant for employment is
qualified. The contractor agrees to take affirmative action to
employ, advance in employment and otherwise treat qualified
disabled veterans and veterans of the Vietnam era without
discrimination based upon their disability or veterans status in all
employment practices such as the following: employment
upgrading, demotion or transfer, recruitment, advertising, layoff or
termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship.
(b) The contractor agrees that all suitable employment
openings of the contractor which exist at the time of the execution
of this contract and those which occur during the performance of
this contract, including those not generated by this contract and
including those occurring at an establishment of the contractor
other than the one wherein the contract is being performed but
excluding those of independently operated. corporate affiliates, shall
be listed at an appropriate local office of the State employment
service system wherein the opening occurs. The contractor further
agrees to provide such reports to such local office regarding
employment openings and hires as may be required,
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State and local government agencies 1tc?Iding Federal
contracts of $10,000 or more shall also list .t:; Chet: suita!"de
openings with the appropriate office of the State employment
service, but are not required to provide those reports set torth in
paragraphs (d) and (e).
(c) Listing of +employment openings with the employment
service system pursuant to this clause shall he made at least
concurrently with the use of any other recruitment source or effort
and shall involve the normal obligations which attach to the placing
of a bona fide job order, including the acceptance of referrals of
veterans and nonveterans. The listing of employment openings does
not require the hiring, of any particular job applicant or from any
particular group of job applicants, and nothing herein is intended to
relieve the contractor from any requirements in Executive Orders,or
regulations regarding nondiscrimination in employment.
(d) The reports required by paragraph (b) of this clause
shall include, but not be limited to, periodic reports which shall be
filed at least, quarterly with the appropriate local office or, where
the contractor has more than one hiring location in.. a State, with the
central office of that State employment service. Such reports shall
indicate for each hiring location (1) the number of individuals hired
during the reporting period, (2) the number of nondisabled veterans
of the Vietnam era hired, (3) the number of disabled veterans of the
Vietnam era hired, and (4) the total number of disabled veterans
hired. The reports should include covered veterans hired for
on-the-job training under 38 USC 1787. The contractor shall submit
a report 'within 30 days after the end of each reporting period
wherein any performance is made on this contract identifying data
for each hiring location. The contractor shall maintain at each hiring
location copies of the reports submitted until the expiration of one
year after final payment under the contract, during which rime
these reports and related documentation shall be made available,
upon request, for examination by any authorized representatives of
the Contracting Officer or of the Secretary of Labor.
Documentation would include personnel records respecting job
openings, recruitment and placement.
(e) Whenever the contractor becomes contractually bound
to the listing provisions of this clause, it shall advise. the
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
provisions and has so advised the State system, there is no need to
advise the State system of subsequent contracts. The contractor
may advise the State system when it is no longer hound by this
contract clause.
(f) This clause does not apply to the listing of
employment openings which occur and are filled outside of the 50
States, the District of Columbia, Puerto Rico. Guam. and the Virgin
Islands.
(g) The provisions of paragraphs (b). (c). (d) and (e) of
this clause do not apply to openings which the contactor proposes
to fill from within his own organization or to fill pursuant to 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 his own organization or
employer-union arrangement for that opening.
(h) As used in this clause:
(1) "All suitable employment openings" includes,
but is not limited to, openings which occur in the following job
categories: production and nonproduction; plant and office;
laborers and mechanics; supervisory and nonsupervisory; technical;
and executive, administrative, and professional openings as are
compensated on a salary basis of less than $25,000 per year. This
term includes full time employment, temporary employment of
more than 3 days' duration, and part-time employment. It does not
include openings which the contractor proposes to fill from within
his own organization or to fill pursuant to a customary and
traditional employer-union hiring arrangement nor openings in an
educational institution which are restricted to students of that
institution. Under the -most compelling circumstances an
employment opening may not be suitable for listing. including such
situations where the needs of the Government cannot reasonably be
otherwise supplied, where listing would be contrary to' national
security, or where the requirement of listing would otherwise not be
for the best interest of the Government. .
(2) "Appropriate office of the State employment
service system" means the local office of the Federal-State national
system of pubLic employment offices with assigned responsibility
for serving the area where the employment opening is to be filled,
including the District of Columbia, Guam, Puerto Rico, and the
Virgin Islands.
(3) "Openings which the contractor proposes to fill
from within his own organization" means employment openings for
which no consideration will be given to persons outside the
contractor's organization (induding any affiliates, subsidiaries, and
the parent companies) and includes any openings which the
contractor proposes to fill from regularly established "recall" lists.
(4) "Openings which the contractor proposes.to fill
pursuant to a customary and traditional employer-union hiring
arrangement" means employment openings which the contractor
proposes to fill from union halls, which is part of the customary and
traditional hiring relationship which exists between the contractor
and representatives of his employees.
(i) The contractor agrees to comply with the rules,
regulations, arid relevant orders of the Secretary of Labor issued
pursuant to the Vietnam Veterans Readjustment Act, hereinafter
referred to as the "Act" (38 U.S.C. 2012).
(j) In the event of the contractor's noneortr.plianee with
the requirements of this clause, actions for noncompliance may be
taken in accordance with the rules, regulations, and relevant orders
of the Secretary of Labor issued pursuant to the Act.
(k) The contractor agrees to post in conspicuous places,
avalable to employees and applicants for employment, notices in a
form to be prescribed by the Director, Office of Federal Contract
Compliance Programs, provided by or through the Contracting
Officer, Such notice shall state the contractor's obligation under the
law to take affirmative action to employ and advance in
employment qualified disabled veterans and veterans of the Vietnam
era for employment, and the rights of applicants and employees.
(1) The contractor will 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 Vietnam Era Veterans Readjustment
Assistance Act, and is committed to take affirmative action to
employ and advance in employment qualified disabled veterans and.
veterans of the Vietnam Era. -
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(m) The contractor will incl!ide tfie er-wisiens cf this
clause in every subcontract or purchase order .` Si7,000 or more
unless exempted by rules, regulations, or orders of the Secretary
issued pursuant to the Act, so that such provisions will be binding
upon each subcontractor or vendor. The contractor will take such
action with respect to any subcontract or purchase order as cLe
Director of the Office of Federal Contract Compliance Programs
may direct to enforce such provisions, including action tor
noncompliance. (ASPR 7-103.27)
106. ADMINiSTRATION OF COST ACCOUNTING
STANDARDS (1975 MAR)
For the purpose of administering Cost Accounting Standards
requirements under this contract, the Contractor shall:
(a) Submit to the cognizant Contracting Officer a
description of the accounting change and the general dollar
magnitude of the change to reflect the sum of all incrp.ases and the
_sum of all contracts containing the cost Accounting Standards
clause (7-104.83(x)):
(i) for any change in cost accounting practices
required to comply with a new Cost Accounting Standard in
accordance with paragraphs (a)(3) and (a)(4)(A) of the clause of this
contract entitled Cost Accounting Standards within sixty (60) days
(or such other date as may be mutually agreed to) after award of a
contract requiring such change;
(ii) , for any change to cost accounting practices
proposed in accordance with paragraph (a)(4)(B),ot the clause of
this contract entitled Cost Accounting Standards not less than sixty
(60) days (or such other date as may be mutually agreed to) prior to
the effective date of the proposed change; or
(iii) for any failure to comply with an applicable
Cost Accounting Standard or to follow a dial:sse.i practice a-+
contemplated by paragraph (a)(5) of the clause cf this contract
entitled Cost Accounting Standards within sixty %60) days (or such
other date as may be mutually agreed to) after the date of
agreement of such noncompliance by the Contractor.
(b) Submit a cost impact proposal in the form and manner
specified by the cognizant Contracting Officer within stay /,"0)
days (or such other date as may be mutually agreed to) after the
dace of determination of the adequacy,and colnpl(ance of a change
submitted pursuant to (a)(i), (ii), or (iii) above.
(c) Agree to appropriate contract and subcontract
amendments to reflect adjustments established in accordance with
paragraphs (a)(4) and (a)(5) of the clause of this contract entitled
Cost Accounting Standwde.
(d) Include the substance of this clause in all negotiated
subcontracts containing the clause entitled Cost Accounting
Standards. In addition, include a provision in these subcontracts
which will require such subcontractors, within thirty (30) days after
receipt of award, to submit the following information to the
Contract Administration Office cognizant of the subcontractor's
facility.
(1)
(2)
(3)
Subcontractor's name and subcontract number.
Dollar amount and date of asrard,
Narne of Contractor making the award.
(4) A statement as to whether the subcontractor
has made or proposes to make any changes to accounting practices
that affect prime contracts or subcontracts containing the Cost
.Accounting Standards clause unless such changes have already been
reported. if award of the subcontract results in making a Cost
Accounting Standard(s) effective for the first time, this shall also be
reported.
(e) In the event an adjustment is required to.be made to
any subcontract hereunder, notify the Contracting Officer in writing
of such adjustment and agree to an adjustment in the price or
estimated cost and fee of this contract, as. appropriate, based upon
the adjustment established under the subcontract. Such notice shall
be given within thirty (30) days after receipt of the proposed.
subcontract adjusttnent, and shall include a proposal for adjustment
to such higher tier subcontract or prime contract as appropriate.
(f) When the Cost Accounting Standards clause and this
clause are included in subcontracts, the term "Contracting Officer"
shall be suitably altered to identify the purchaser. (ASPR
-;104,83(b))
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SECTION 3A
14: ALTM-ITIQ'tiS: (10-76) (CO^ISTRUCTXO+d CO~;TRACT)
Stie Labor Sta-.dards Provisions (11--75) are hereby ttr if1 1.'as follcws
In the t:ab' e of intents under 3 APPRENTICES 1ND T DES delete (1975
t) a substitute (1976 OCT) therefor.
Pi SI :.S 3 PPPR.r"zTICES A.ND RA G.~;r S (1975 AUG,) is hereby deleted and
new P w ~SI 3 APPRENTICES MID TRo-'+, ISES (1976 oar) attached here is
Substr..*_:: therefor.
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3 AP!'Rt'NTICE:S AND TItA1tiLES (1976 OCT)
(a) Arprcuticv, shalt br l,cr;pitted to curt: ,.s Such only when thcy are 'regi:tcred. individuatty.
under x bona (de appicnticcsl,i,,, proi,rarn nr,,i,tcrcd with a S:r.tc v,,- rent iccship a,,rncy which i>L
retofnircd by the tlureau of Apprenticecl p w id Trainln;,. United 5:itcs Department cit tabor:
or. if no such rccogniHacun Act."
"Contract Work Hours And Safety crandarda Act--:hvrrtitne Cu-e-
liensation," "Apprentices and 1rainec;," "r.ayr?lis And l1-sic
Records,". "Compliance With c.:r,peiand Regtd,tio,ts?' .. Withholding
of funds." and "Subcontracts" may be grata ds fur rcrmin,,ti r lo;
the contract, and for debarment as pr,,v,(led in ) CF ft i,6 ~'s
7.602.23 (a) (viii))
9. LISTING OF EMPLOYMENT OPFNINGS (1975
JUN)
(This clause is applicable pur,uant to 41 ::FR if this
contract is for S 10,000 or rnorc.l
(a) The Contractor, to provide pedal , ,ni,h.0.i,, t., the
employment of qualified disabled veterans mid : corset. "I the
Vietnam era, agree that all suitable crnploynuint ,poling, of the
Contractor which exist at the tithe of the esecutior, of this contract
and those which occur during the perfortnance of this . ontract.
including those not generated by thk contrac! arid including rinse
Occurring at. an establishment of the Contractor other than the one
wherein the contract is being performed by excluding those of
independently operated corporate affiliates, shall be offered for
listing at the appropriate office of the State employment service
system wherein the opening occurs and to provide reports to such
office regarding employment openings and hires as may be required.
(b) Listings of employment openings with the employ-
ment service system pursuant to this clause shall be made at least
concurrently with the use of any other recruitment service or effort
and shall involve the normal obligations which attach to the placing
of a bona fide job order, including the acceptance of referrals of
veterans and non-veterans. Listing of employment openings does not
require the hiring of any particular job applicant or from any
particular group of job applicants referred by the employment
service system. Nothing contained herein is intended to reliese the
Contractor from any requirements in any Executive Order or
regulation regarding nondiscrimination in employment.
orts required shall include, but not be
Re
1
"
p
)
(
(c)
limited to, periodic reports which shall be filed at least quarterly
with the appropriate local State employment service office or,
where the Contractor has more than one establishment in a State,
with the central office of the State employment service. Such
reports shall indicate for each establishment () the ntarrtbet of
individuals who were hired during the reporting period. (ii) the
number of those hired who were disabled veterans, and (iii) the
number of those hired who were non-disabled veterans of the
Vietnam era. The Contractor shall maintain copies of the reports
submitted until the expiration of one year after final payment under
the contract, during which time they shall be made available, upon
request, for examination by any authorized representatives of the
Contracting Officer or the Secretary of Labor.
5 --
,illy bound to the listing provisions tafthis clause, he shall advise the
ern Fl?vinent service system in each State wherein he has establish.
merits, of the. naint' and location of each such establishment in the
State, As long as the Contractor is contractually bound to these
provisions and has so advised the State employment service system,
there is no need to advise the State system of subsequent contracts.
The Contractor may advise the State system when he is no longer
b'itind by this contract clause.
(3) if the contract is with a State or local govern-
rneni, tht? procedures set forth in subparagraphs (11, and (2) of this
paragraph 1c) are not rrduired.
"All This clause does not apply to the listing ttfernploy
men[ openings which occur and are filled outside the 50 States, the
01%r", IL t of Coiambi,, (ware,;'uerto Ricci, and the Virgil Islands-
This clause does not Apply to openings which the
Contractor proposes to fdl from within his own organization or to
fill i,urmt.trrt to a customary and traditional employer-union hiring
arrangc!n'nt. This exclusion does. not apply to a particular opening
once an employer decides to consider applicants outside of his own
;.rga,nzatiun or employer-union arrangements for that opening.
f) As used iii this clause:
(1) "All suitable rtnliloyment openings" includes,
but is not limited to, openings which occur in the following job
ratrvnrier. production and nonproduction; plant and office; labor-
I:rs mid rn,chanics: supervisory and nonsupervisory;,technical;And executive, administrative, and professional openings which are
compensated on a basis of less than $18,000 per year. This term
includes full-time employment, temporary employment of more
thin three (3) days' duration, and part-time employment.
(2) "Appropriate office of the State employment
service system" means the local office of the Federal-State national
system of public employment officers with assigned responsibility
for serving the area of the establishment where. the employment
opening is to be felled, including the District of Columbia, (+uani.
Puerto Rico, and the Virgin Islands..
(3) "Openings which the Contractor prnpo-,es to.
fdl from within his own organization- means employment openings
for which no consideration will be given to persons outside the
Contractor's organization (including any affdiates, subsidiaries, And
the parent companies) and includes any openings which the
Contractor proposes to fell from regularly established "recall" and
"rehire" lists.
(4) "Openings which the Contractor proposes to
fill from within his own organization or to fill Pursuant to a
customary and traditional employer-union hiring arrangement
3-
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Labor Standards Provisions-November 197:1
means employment openings for which no consideratic.n will be
given to persons outside of a special hiring a.rran.gement, including
openings which the Contractor proposes to fill from union hiring
halts, which is part of the customary and aradiriorul employment
relationship existing between the Contractor and represcntativ";s of
his employees.
(5) "Disabled veteran" means a person ._nritled to
disability compensation under laws administered by the Veterans
Administration for disability rated at thirty percent (3017.) or ncr?re,
or a person whose discharge or. releicc from ::dive duty "?'.s f.,r a
disability incurred or aggravated in line of duty.
(6) "Veteran of the Vietnam e;a" means :r person
who was discharged or released within the 48 months ptcceding his
application for employment covered under this part and who (ii
served on active duty for a period of more than 180 days, any parr,
of Which occurred after August 5, 196-k and was disch..rgcd or
released therefrom with other than a dashonorabi ischarj t ,or (b)
was discharged or released from active. duty ~or disability if any part. of such duty was performed after August 5,
1964.
(g) The Contractor agrees to place this clause (excluding
this paragraph (g)) in a subcontract directly under this contract
provided, such subcontract is for $10,000 or more. (Subcontracts
for personal service's are exempted from this requirement.)
(h) Failure of the Contractor to comply with the require-
ments of this clause result in termination of default of the contract
concerned. (ASPR 7-602.49)
10. NOTICE TO THE GOVERNMENT OF LABOR
DISPUTES (1958 SEP)
(a) Whenever 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 immedi-
ately give notice thereof, including all relevant information with
respect thereto, to the Contracting Officer. -
(b) The Contractor agrees to insert the substance of this
clause, including this paragraph (b), in any subcontract hereunder as
to which a labor dispute may delay the timely performance of this
contract; except that each such subcontract shall provide that in the
event its timely performance is delayed or threatened by delay by
actual or potential labor dispute, the subcontractor, shall immedi-
ately notify his next higher tier subcontractor, or the prime
contractor, as the case may be, of all relevant information with
respect to such dispute. (ASPR 7-104.4)
It. DISPUTE CONCERNING LABOR STANDARDS
(1965 JAN)
Disputes arising out of the labor standards provisions of titi.
contract shall be subject to the "Disputes clause except to the
extent such disputes involve the meaning of classifications of wage -
rates contained in the wage determination decision of the Secretary
of Labor or the applicability of the labor provisions of the contract
which Questions shall he referred to the Secretary of Labor i
accur;lan,:e w~i:, the crocr.dures of the Department of Labor. (AS1'P. -
12. ,LABOR RELATIONS (6-72)
i' is the Contractor's responsibility to maintain satisfactory
lad it relations wr:h his employees. Representatives of theContrac
tins Officer will not p:rrcicipate in labor relations matters unles.:
dispot,'s develop that interfere with the proper performance of thy:
contract, at which ti;?re the representative may endeavor to assist in
settling the ditrc.uiry or may refer the matter to the Federal
Mediation and Conciliation Service or the Commander, Naval
Facilities Engineering Command for appropriate action.
13. MINIMUM WAGE RATES AND OTHER LABOR
STANDARDS (6-72)
(a) The Contractor shall pay mechanlci and laborers
employed or working directly upon the site of the work wage rates
not less than those determined as prevailing by-the Secretary of
Labor and contained in the wage determination decision that is
attached to this specification or addendum thereto. In the event of
any difference between the Contractor and the Government
concerning the proper wage rates to be paid, the classification of
employees to conform to prevailing practice, the amount of wages
due employees, or any other application or interpretation of the
labor standards provisions in this contract, the differences shall be
referred to the Contracting Officer who shall determine the matter
with advice from the Secretary of Labor as required by Department
of Labor regulations.
(b) investigation of Labor Conditions. The wage determi-
nation decision of the Secretary of Labor attached hereto or
included by amendment is made a part of this contract for the
purpose of setting forth the minimum hourly wage rates required to
be paid by the Davis-Bacon Act. The rates set forth in the wage
determination are no warranty that labor will be available at these
rates. Bidders are advised to make their own investigation to
determine local labor conditions.
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SECTION 4A
Special Paragraphs
Table of Contents
Page
1. Forms ............................................................. 1
2. Bid Guaranty ....................................................... 1
3. Items of Bid....................................................... 1
4. Evaluation of Bids ................................................
5. Telegraphic Modifications or Withdrawal of Bids................... 2
6. Reference to Amendments ........................................... 2
7. Availability of Specifications, Standards and Description......... 2
8. Availability of Utility Services..................................... 3
9. Office of the Contractor .......................................... 3
10. Billing and Payment..
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SECTION 4A
Special Paragraphs
1. FORMS
Standard Form 22, October 1969 edition, Supplement to Standard Form 22, and Invi-
tation for Bids, Standard Form 20, January 1961 edition, shall be observed in the
preparation of bids. Bidders shall affix their names and return addresses in the
upper left corner of bid envelope. Envelopes containing bids must be sealed.
2. BID GUARANTY
Bid guaranty will be required as stipulated on the reverse side of Standard Form 20..
3. ITEMS OF BID
Bids shall.be submitted in duplicate, on Standard Form 21, December 1965 edition;
Bid Form, with Standard Form 19B, Representatives and Certifications, October 1969
edition, and in accordance with Standard Form 20 and 22,; upon the following items:
Qiantity Description Unit Price Total
Item 1 21623 sq.ft. Two coat Painting of
(Masonry) Main Warehouse and $ _
Firewalls on Roof.
6110 sq.ft..(Trim) $ $
Item 2 9225 sq.ft. Two coat Painting
(Masonry) of Warehouse Annex $
724 sq. ft. (Trim) $
Item 3 1365 sq.ft. Priming and two coat
(Masonry) Painting of Bottle
Storage Shed and Steel
Lumber Storage Shed $
7164 sq.ft.(Trim) $ $
4. EVALUATION OF BIDS
The sum total of Items 1, 2, and 3 will be the basis for evaluating. bids. The
quntite esgiven are for the purpose of evaluating bids only, and there is no
guarantee actual oorimplied, that the Government requires services-'In t e quantity
given vn the bid. schedule..
The Government reserves the right to perform any of the services included in the
bid schedule with its own employees.
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5. TELEGRAPHIC MCpDIFICATIONS OR 'WITEIDRAWAL 'OF BIDS",
in accordance with Section 2A, Clause 7, may be made. Telegraphic modifications
or withdrawal of bids should be identified as follows:
"Telegraphic Modificaiton of Bid for Pa' inQ of Warehouse Facility and
Other Related Structures, Specification STAT
and forwarded immediately to the office to which. the written bids were submitted-.
6. REFERENCE TO AMENhIENTS
Each bidder shall refer in his bid to all amendments to this solicitation. in accor--
dance with Clause 29 of Section 2A to this contract; failure to do so may. Consti-
tute an informality in the bid and be cause for rejection of the bid.
7.. AVAILABILITY QF SPECIFICATIONS, STANDARDS AND DESCRIPTION
Specifications, standards and descriptions in this solicitation are available as
indicated below:
(a)- Unclassified Federal, Military and other specifications and standards (excluding
commercial) and data item descriptions: Submit request on DD Form 1425 (Specifica-
tions and Standards Requisition) to:
Commanding Officer
Naval Publications and Forms Center
5801 Tabor Ave.
Philadelphia, Pa. 19120
The Department of Defence Index of Data Item Description (TD-3) may be ordered on
the DD Form 1425. The Department of Defense Index and Specifications and Standard
(DODISS) may be purchased from the Superintendent of Documents, U.S. Government
Printing Office, Washington, DC 20402. When requesting a specification or stan-
dard, the request shall. indicate the title, number, date and any applicable amend-
ment thereto by number and date. When DD Form 1425 is not available, the request
may be submitted in letter form, giving the same information as listed above and
the solicitation or contract number involved. Such request may also be made to the
Activity by Telex Number 834295, Western Union Number 71.0-670-1685 or Telephone,
Area Code 215-697-3321 in case of urgency.
(b) Commercial Specifications, Standards and Descriptions: These specifications,
standards, and descriptions are not available from Government sources. They may
be obtained from the publishers.
(c) Availability of specifications and standards not listed in DODISS, Data Item
Descriptions not listed in TD-3 and Plans, Drawings, and other pertinent documents:.
The specifications, standards, plans, drawings, descriptions and other pertinent
documents cited in this solicitation may be obtained by submitting request to:
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Public Works Officer
Requests should give the number of the solicitation and the title of the
specification, standard, plan, drawing or other pertinent documents re-
quested, exactly as cited in this solicitation. The drawings. included with
? this specification are full scale and are provided at no cost.
8. AVAILABILITY OF UTILITY SERVICES
Electric and water service will be made available to the contractor at the
nearest available existing outlet at prevailing Government rates which may be
obtained upon application to The Contractor will be STAT
required to furnish all labor, equipment and materials to make utilities connec-
tions and to furnish and install valves, transformers, and meters for each ser-
vice. The contractor shall determine that each source is adequate and suitable
for the requirements of his equipment before making connection and. on condition
or a condition satisfactory to the Public Works Officer. No guaranty of any
kind is made as to the continuity and. level of the supply of such utility ser-
vices. They will be reduced or suspended as the needs of the Government require
and the Government shall not be liable for any damages sustained as a result of
such reduction or suspension, nor for any failure of the supply lines to the
contractors connections. Unless specified otherwise in this Section entitled
"Special Paragraphs" final connections to existing utilities shall be made by
the Contractor under the direct supervision of Government personnel.
9. OFFICE OF THE CONTRACTOR
The contractor shall maintain an office or place of business with complete
telephone service. Such office or place of business shall be manned during
all normal working hours, and at any other time when work is in progress.
Telephone service shall be toll free or authorized to accept collect calls from
the Public Works Officer or his designated Representatives, for the ordering of
work or for any other purposes in connection with the work.
10. BILLING AND PAYMENT
Request for payment in triplicate, may be submitted once per calendar month.
Each request for payment shall include all work performed and shall be quoted
as a total percentage completed to the date of billing. Any disagreement as
to percentage completed shall be resolved by accepting the contracting officer's
decision. A ten percent retention of payment shall apply to any partial payments
made prior to final completion and acceptance by the Government. Such retention
is in accordance with provisions of Clause 7, Section 3A of this contract.
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DIVISION 1 - DETAIL REg UIRFITS
Section 1 - Field Painting
Table of Contents
Page
1. General ...................................................... 1
2. Scope ........................................................ 1
3. Applicable Documents ......................................... 1
4. Materials. .................................................. 1
5. Sampling and Testing ......................................... 2
6. Preparation of Equipment ................................. .. 2
.7. Preparation of Concrete and Masonry .......................... 2
8. Preparation of Metal Surfaces ................................ 3
9. Thinners ..................................................... 3
10. Workmanship and Application......... ....................... 3
11. Cleaning........... . ....................................... 3
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DIVISION 1 - DETAIL REQUIREMENTS
Section 1 - Field Painting
1. GENERAL
Materials and method of application shall conform to the applicable requirements
of the manufacturers specifications, except as specified herein. This specifi-
cation covers the preparation for and application of two coats of exterior oil
based or latex finish, ready mixed paint conforming to TT-P-24D, together with
any and all work necessary for adequate exterior surface protection.
2. SCOPE
The work shall include:
a) Brush down and/or sand exterior surfaces to remove flaking or peeling paint.
b) Remove rust from all metal surfaces and prime prior to applying paint.
c) Apply two coats of oil based or latex exterior concrete and masonry paint to
approximately 31,213 square feet of surface area. Color should be eggshell
white.
d) Apply two coats of deck gray enamel paint to all exterior trim, doors, doorway
overhangs-and loading platform roof.- The total area to be painted as approxi-
mately 13,998 square feet.
3. APPLICABLE DOCUMENTS
The following publications of the issues listed below, but referred to elsewhere
by basic designation only, form a part of this specification to the extend indi-
cated by the references thereto (where a number is suffixed to the specification
number, it denotes the effective amendment to the specification):
Federal Specifications
TT-P-24D - Paint, oil, concrete and masonry, exterior, eggshell finish, ready mix.
TT-P-645 - Primer, paint, zinc - chromate,alkyd type
Military Specifications
MIL-P-1532BC - Primer (Wash.) Pretreatment Blue (Formula #117-B for metals)
MIL-P-14504A - Primer, coating, pretreatment, one-package wash primer (for steel,
aluminum and magnesium).
4. MATERIALS
Materials shall be delivered to the job site in manufacturer's original unopened
containers, with the brands, date of manufacture, and name clearly marked thereon.
1
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All materials shall be carefully handled and stored to prevennt, inclusion cif
foreign materials, or subjection to sustained temperatures. exceeding 9(1 degrees
fahrenheit.
5. SAMPLING AND TESTING
Sampling and testing of paints. as specifi.ed.hereinafter shall be: provided.
Paints proposed for use shall be sampled from material delivered to the job:
site and tested by a recognized, independent testing laboratory approved by. the
Public Works Officer, at the Contractorts expense Paint proposed for use shall
be stored on the project - site in sealed and labeled containers, sufficiently.
in advance of need to allow a mini. of ten (10). days for testing.. Upon notifi,-
cation by the contractor that the material is at the site, a onequart sample of
each batch shall be obtained by random selection from the sealed containers by the
Public Works Officer. Adequate mixing prior to sampling shall he accomplished
to insure a uniform, representative sample. A batch. is defined as that quantity,
of material processed at one time and identified by a number on the labels Sam,
pies shall be clearly identified by, designated name, specification number, batch.
number, project contract number, intended use and quantity, involved. Testing
shall include all test specified in the standard specification for the paint and
any requirements specified herein, specifically including pigment and vehicle, and
quantative and qualatative requirements for mixed paint. Manufacturer-s; certifi;
cation will be acceptable as a substitute for the testing.cited, above.:
6. PREPARATION OF EQUI '1`'
All brushes, rollers, spraying equipment, .and paint pots. to he used for paint
application should be thoroughly, clean, dry, free from contaminants, and suitable
for intended use.
7. PREPARATION QF CONCRETE AND MASONRY
All concrete and masonry surfaces shall he thoroughly, scraped and/or sanded to
remove separating or peeling paint. The surface shall then be thoroughly' washed
to remove dirt.
Proper removal of surface contaminants is essential for the.wxiam n performance.
of a coating. The selection of the method for surface preparation is dependent
on the type of contaminant and . condition of . the surface Dirt, fungus', grease,
and oil can be removed by washing the surface with: a solution composed of two (2)
to eight (8) ounces of txisodiua phosphate. per gallon of hot water, and then
rinsing thoroughly with. fresh water, Efflorescence can be removed- by' scraping,
wire brushing, and washing with five. (_5) to ten (10) percent by weight, solution cif
muriatic acid and then washing thoroughly, with, fresh. water, removing all traces of
the acid. The trisodium phosphate and muriatic acid solutions should .bewithin
the ranges stated and should he of strengths to perform their functions properly,
2
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8. PREPARAI.IUN Uki MIIU-, OUIVA.W:7
Ferrous surfaces to be painted shall be solvent cleaned to remove oil and grease
and mechanically cleaned by powered wire brushing or surface blasting to remove
rust, mill scale, and other foreign substances. Minor amounts of residual rust
that cannot be removed except by thorough. blast cleaning will be allowed to re
main. Primer paint shall be applied as soon as practicable after cleaning.
Metal surfaces to be painted, including aluminum, brass, copper; and zinc coated
surfaces and unprimed steel and iron surfaces, irmtediatelj' after being cleaned
shall be given one coat of pretreatment coating conforming to 1iIL.P-,15328 or
MIL-P-14504 applied to a dry film thickness: of 0.3 to ORS mil, Zinc-coated
surfaces to be painted. shall be cleaned with. mineral spirits and. wiped dry with.
clean, dry cloths prior to application of the pre.-treatment coating % Pr mer
paint conforming to specification TT-?P-645 shall be applied over pretreatment
coating, as soon as practicable after the coating has dried.
9. THTNNF,,RS
Thinner shall not be permitted on the job site unless~written permission for
thinning has. been given by the Contracting Officer, Thinning shall not relieve
the contractor from obtaining complete hiding.
10. WORNSHIP AND APPLICATION
Workmanship and application shall be first. class in every respect, Paint and
enamel finish shall be applied carefully with, good clean brushes, approved
rollers, or approved spraying equipment. All first coat applications to masonry
and metal surfaces shall be made using brushes to insurecomplete and proper
coverage of all surfaces painted, Second coats may be'applied with.rollers. of
approved spray painting equipment.' The work shall be conducted as to avoid
damage of other surfaces and public and private property a"n the area,, any, damage
thereto shall be made'good by the contractor at his expense. Sufficient time
shall be allowed between coats to assure thorough, drying, and each-coat shall be
in proper condition before the next coat is.applied; sanding and dusting, as
necessary to produce finishes: free of visible defects' when viewed from a distance:
of five (5) feet shall be performed, The finished surfaces shall be'free from
runs, drops, ridges, sags, waves, laps, brush. marks and variations in colors:
Each coat of paint' shall be of sufficient thickness to cover completely, the pre,
vious coat or surface. Exterior paint. shall not be applied during doggy; damp,,
or rainy weather; the temperature shall be above 45 degrees Fahrenheit and not
over 95 degrees fahrenheit, Paint shall not be applied whenthe'surface is not
in proper condition for painting,
11. CLEANING
All paint cloths., rags, and cotton waste shall be removed f ram the'. premise after
each. days work.. Cloths, rags- and cotton waste. which. are not destroyed shall be
placed in closed metal containers and stored a-minImmt distance of twent five (25)
feet from all buildings. Paint and painting materials, to be stored at thee site
will be stored in an area to be designated by, the Public Works Officer, Upon com-
pletion of the work, all staging, ladders', scaffolding, paint and other materials
shall be removed from the site.. Existing and new paint spots, oil stains, etc.,,
upon adjacent surfaces shall be remaved'and the entire Ioh left clean and'accept,
able to the Public Works Officer. Area will be left In a condition equal to or
better than existing prior to the work.
Approved For Release 2007/10/23: CIA-RDP86-00800R000200140002-9