MODIFICATION OF GENERAL PROVISIONS (STANDARD FORM 23-A - JUNE 1964)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86-01019R000100050023-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 13
• Document Creation Date: December 14, 2016
• Document Release Date: February 11, 2003
• Sequence Number: 23
• Publication Date: June 1, 1964
• Content Type: REGULATION

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MODIFICATION OF GENERAL PROVISIONS
(STANDARD FORM 23-A - June 1964)
Delete Clause 3, CHANGES in its entirety and substitute in lieu thereof the
following:
(a) The Contracting Officer may at any time, without notice to the
sureties, by written order designated or indicated to be a change order, make
any change in the work within 'the general scope of the contract, including
but not limited to changes:
(i) in the specifications (including drawings and designs);
(ii) in the method or manner of performance of the work;
(iii) in the Government-fuznished facilities,, a uiptuent, materials,
eervice'i, or site;' or
(iv) directing acceleration in the performance of the work.
(b) Any other written order or an oral order (which terms as used in
this paragraph (b) shall include direction, instruction, interpretation, or
determination) from the Contracting Officer, which causes any such change,
shall be treated as a change order under this clause, provided that the
Contractor' gives the Contracting Officer written notice stating the date,
circumstances, 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 adjustment hereunder.
(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 qn 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.further, that in the.case of de-
fective specifications for which the Government is responsible, the equitable
adjustment' shall include any increased cost reasonably incurred. by. the Con-
tractor in attempting to comply with such defective specifications.
(e) If the Contractor intends to assert a claim for an equitable adjust-
ment 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.
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(f) No claim by t ie-Contractor for an equitable adjustment hereunder
shall be allowed if asserted after final payment under this contract."
Delete Clause 4, CHANGED CONDITIONS, in its'entirety and substitute in lieu
thereof the following clause 4, DIFFERING SITE CONDITIONS:
"4. DIFFERING SITE CONDITIONS
(a) The Contractor shall promptly, and before such conditions are dis-
turbed, notify the Contracting Officer in writing of. (1) Subsurface or
latent physical conditions at the site differing materially 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 Contractorscost of, or the time required for,
performance of any part of the work under this contract, whether or not changed
as a result of such conditions, an equitable adjustment shall be made and-thp
contract modified in writing accordingly.
(b) No claim of the Contractor under this clause shall be allowed un-
less the Contractor has given the notice required in (a) above; provided,
however, the time prescribed therefor may be 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."
5. Delete Paragraph (d)(1) of Clause 5, TERMINATION FOR DEFAULT - DAMAGES
FOR DELAY - TIME EXTENSIONS, and substitute in lieu thereof the following:
''(1) The delay in completion of the work arises from unforeseeable
causes beyond the control and without the fault:o,r xegligence.of the
Contractor, including but not restricted to, acts of Gods actsofthe
public enemy, acts of the Government in either its sovereign or contrac-
tual capacity, acts of another contractor in the p'erformance`of'a contract
with the Government, fires, floods, epidemics, quarantine restrictions,
strikes, freight embargoes, unusually severe weather, or delays of
subcontractors or suppliers (whether any such subcontractor or supplier
be in direct contractual relationship with the Contractor, with the
Contractor's subcontractor or supplier, or with any lower tier sub-
contractor or supplier) arising from unforeseeable causes beyond the
control and without the fault or negligence of both the Contractor and
any such subcontractors or suppliers; and"
21. EQUAL OPPORTUNITY CLAUSE
Modify as follows:
(a) Clause 21, regarding "Equal Opportunity", in the attached General
Provisions, Standard Form 23-A, is amended by deleting references to the
President's Committee on Equal Employment Opportunity, Executive Order No.
10925 of March 6, 1961, as amended, and section 303 of Executive Order No.
10925 of March 6, 1961, as amended; and substituting therefor the Secretary
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of Labor, Executive Order No. 11246 of September 24, 1965, and section 204 of
Executive Order No. 11246 of September 24, 1965, respectively.
(b) In accordance with,iegulations of the Secretary of Labor, the rules,
regulations, orders, instructions, designations, and other directives referred
to in section 403(b) of Executive Order No. 11246, remain in effect and, where
applicable, shall be observed in the performance of this contract until re-
voked or superseded by appropriate authority.
The Following clauses are added to the General Provisions (SF 23-A):
23 EXMIINATION OF RECORDS
(The following clause is applicable if this contract was entered into by
means of Small Business Set-Aside or other negotiated procurement)
a. The Contractor agrees that the Comptroller General of the United
States or any of his duly authorized representatives shall, until the expira-
tion of three years after final payment under this contract, 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.
(b) The Contractor further agrees to include in all his subcontracts
hereunder a provision to the effect that the subcontractor agrees that the
Comptroller General of the United States or any of his duly authorized repre-
sentatives shall, until the expiration of three years after final payment
under the subcontract, have acce-s to and the right to examine any directly
pertinent books, documents, papers, and records of such subcontractor, in-
volving transactions related to the subcontract. The term "subcontract" as
used in this clause excludes (i) purchase orders not exceeding $2,500 and
(ii) subcontracts or purchase orders for public utility services at rates
established for uniform applicability to the general public.
(a) The Contracting Officer may order the Contractor in writing to sus-
pend, 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, for an un-
reasonable period of time, suspended, delayed, or interrupted by an act of
the Contracting Officer in the administration 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 performance would have been so suspended, delayed, or
interrupted by any other cause including the fault or negligence of the Con-
tractor or (2) for which an equitable adjustment is provided for or excluded
under any other provision of this contract.
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(c) No claim under this clause shall be allowed (1) for any costs in-
curred more than 20 days before the Contractor shall have notified the Con-
tracting Officer in writing of..the act or failure to act'involved (but this
requirement shall not apply as to t' a claim resulting from a suspension order),
and (2) unlessthe 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,;;thtan zthe date of final paythent under the contract.
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 STAT
STANDA FORM 1 -
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GENERAL SERVICES ADMINISTRATION
FPR (41 CFR) 1-16.40!
1. DAVIS-BACON ACT (40 U.S.C. 276a-a(7))
(a) All mechanics and laborers employed or working directly upon
the site of the work shall be paid unconditionally and not less often
than once a week, and without subsequent deduction or rebate on
any account (except such payroll deductions its are permitted by the
Copeland Regulations (29 CFR, Part 3)), the full amounts due at time
of payment computed at wage rates not less than the aggregate of the
basic hourly rates and the rates of payments, contributions, or costs
for any fringe benefits contained in the wage determination decision
of the Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may be alleged
to exist between the Contractor or subcontractor and such laborers
and mechanics. A copy of such wage determination decision shall be
kept posted by the Contractor at the site of the work in a prominent
place where it can be easily seen by the workers.
(b) The Contractor may discharge his obligation under this clause
to workers in any classification for which the wage determination de-
cision contains:
(1) Only a basic hourly rate of pay, by making payment at not
less than such basic hourly rate, except as otherwise provided in the
Copeland Regulations (29 CFR, Part 3); or
(2) Both a basic hourly rate of pay and fringe benefits payments,
by making payment in cash, by irrevocably making contributions pur-
suant to a fund, plan, or program for, and/or by assuming an enforce-
able commitment to bear the cost of, bona fide fringe benefits con-
templated by the Davis-Bacon Act, or by any combination thereof.
Contributions made, or costs assumed, on other than a weekly basis
shall be considered as having been constructively made or assumed
during a weekly period to the extent that they apply to such period.
Where a fringe benefit is expressed in a wage determination in any
manner other than as an hourly rate and the Contractor pays a cash
equivalent or provides an alternative fringe benefit, he shall furnish
information with his payrolls showing how he determined that the cost
incurred to make the cash payment or to provide the alternative fringe
benefit is equal co the cost of the wage determination fringe benefit.
In any case where the Contractor provides a fringe benefit different
from any contained in the wage determination, he shall similarly show
how he arrived at the hourly rate shown therefor. In the event of
disagreement between or among the interested parties as to an equiva-
lent of any fringe benefit, the Contracting Officer shall submit the
question, together with his recommendation, to the Secretary of Labor
for final determination. -
(c) The assumption of an enforceable commitment to bear the cost
of fringe benefits, or the provision of any fringe benefits not expressly
listed in section 1(b)(2) of the Davis-Bacon Act or in the wage deter-
mination decision forming a part of the contract, may be considered
as payment of wages only with the approval of the Secretary of Labor
pursuant to a written request by the Contractor. The Secretary of
Labor may require the Contractor to set aside assets, in a separate
account, to meet his obligations under any unfunded plan or program.
(d) The Contracting Officer shall require that any class of laborers
or mechanics which is not listed in the wage determination decision
and which is to be employed under the contract shall be classified or
reclassified conformably to the wage determination decision, and shall
report the action taken to the Secretary of Labor. If the interested
parties cannot agree on the proper classification or reclassification of
a particular class of laborers or mechanics to be used, the Contracting
Officer shall submit the question, together with his recommendation,
to the Secretary of Labor for final determination.
(e) In the event it is found by the Contracting Officer that any
laborer or mechanic employed by the Contractor or any subcontractor
directly on the site of the work covered by this contract has been or
is being paid at a rate of wages less than the rate of wages required
by paragraph (a) of this clause, the Contracting Officer may (1). by
written notice to the Government Prime Contractor terminate his ght
to proceed with the work, or such part of the work as to which there
has been a failure to pay said required wages, and (2) prosecute the
work to completion by contract or otherwise, whereupon such Conractor
and his sureties shall be liable to the Government for any excess costs
occasioned the Government thereby.
(f) Paragraphs (a) through (e) of the clause shall apply to this
contract to the extent that it is (1) a prime contract with the Govern-
ment subject to the Davis-Bacon Act or (2) a subcontract also subject to
the Davis-Bacon Act under such prime contract.
2. CONTRACT WORK HOURS STANDARDS ACT-OVERTIME
COMPENSATION (40 U.S.C. 327-330)
(a) The Contractor shall not require or permit any laborer or me-
chanic in any workweek in which he is employed on any work under
this contract to work in excess of 8 hours in any calendar day or in
excess of 40 hours in such workweek on work subject to the provisions
of the Contract Work Hours Standards Act unless such laborer or
mechanic receives compensation at a rate not less than one and one-
half times his basic rate of pay for all such hours worked in excess
of 8 hours in any calendar day or in excess of 40 hours in such work-
week, whichever is the greater number of overtime hours. The "basic
rate of pay," as used in this clause, shall be the amount paid per hour,
exclusive of the Contractor's contribution or cost for fringe benefits
and any cash payment made in lieu of providing fringe benefits, or
the basic hourly rate contained in the wage determination, whichever
is greater.
(b) In the event of any violation of the provisions of paragraph
(a), the Contractor shall be liable to any affected employee for any
amounts due, and to the United States for liquidated damages. Such
liquidated damages shall be computed with respect to each individual
19-206
laborer or mechanic employed in violation of the provisions of para.
graph (a) in the sum of $10 for each calendar day on which such
employee was required or permitted to be employed on such work in
excess of 8 hours or in excess of the standard workweek of 40 hours
without payment of the overtime wages required by paragraph (a).
3. APPRENTICES
(a) Apprentices shall be permitted to work as such only when they
are registered, individually, under a bona fide apprenticeship program
registered with a State apprenticeship agency which is recognized by
the Bureau of Apprenticeship and Training, U.S. Department of
Labor; or, if no such recognized agency exists in a State, under a pro-
grain registered with the aforesaid Bureau of Apprenticeship and
training. The allowable ratio of apprentices to journeymen in any
craft classification shall be not greater than the ratio permitted to the
Contractor as to his entire work force under the registered program.
Any employee listed on a payroll at an apprentice wage rate, who is
not registered as above, shall be paid the wage rate determined by the
Secretary of Labor for the classification of work he actually performed.
(b) The Contractor shall furnish written evidence of the registration
of his program and apprentices as well as of the ratios allowed and the
wage rates required to be paid thereunder for the area of construction,
prior to using any apprentices in the contract work.
4. PAYROLLS AND BASIC RECORDS
(a) The Contractor shall maintain payrolls and basic records relating
thereto during the course of the work and shall preserve them for a
period of 3 ears thereafter for all laborers and mechanics working at
the site of the work. Such records shall contain the name and address
of each such employee his correct classification, rate of pay (including
rates of contributions lor, or costs assumed to provide, fringe benefits)
daily and weekly number of hours worked deductions made and actual
wages paid. Whenever the Contractor has obtained approval from
the Secretary of Labor as rovided in paragraph (c) of the clause
entitled "Davis-Bacon Act," he shall maintain records which show
the commitment, its approval, written communication of the plan or
program to the laborers or mechanics affected, and the costs anticipated
or incurred under the plan or program.
(b) The Contractor shall submit weekly a copy of all payrolls to
the Contracting Officer. The Government Prime Contractor shall be
responsible for the submission of copies of payrolls of all subcontrac-
tors. The copy shall be accompanied by a statement signed by the
Contractor indicating that the payrolls are correct and complete, that
the wage rates contained therein are not less than those determined by
the Secretary of Labor, and that the classifications set forth for each
laborer or mechanic conform with the work he performed. Submis-
sion of the "Weekly Statement of Compliance" required under this
contract and the Copeland Regulations of the Secretary of Labor (29
CFR, Part 3) shall satisfy the requirement for submission of the above
statement. The Contractor shall submit also a copy of any approval by
the Secretary of Labor with respect to fringe benefits which is required
by paragraph (c) of the clause entitled "Davis-Bacon Act."
(c) The Contractor shall make the records required under this clause
available for inspection by authorized representatives of the Contracting
Officer and the Department of Labor, and shall permit such representa-
tives to interview employees during working hours on the job.
5. COMPLIANCE WITH COPELAND REGULATIONS
The Contractor shall comply with the Copeland Regulations of the
Secretary of Labor (29 CFR, Part 3) which are incorporated herein by
reference.
6. WITHHOLDING OF FUNDS
(a) The Contracting Officer may withhold or cause to be withheld
from the Government Prime Contractor so much of the accrued pay-
ments or advances as may be considered necessary (1) to pay laborers
and mechanics employed by the Contractor or any subcontractor on the
work the full amount of wages required by the contract, and (2) to
satisfy any liability of any Contractor for liquidated damages under the
clause hereof entitled "Contract Work Hours Standards Act--Overtime
Compensation."
(b) If any Contractor fails to pay any laborer or mechanic employed
or working on the site of the work all or part of the wages required
by the contract, the Contracting Officer may, after written notice to the
Government Prime Contractor, take such action as may be necessary to
cause suspension of any further payments or advances until such viola-
tions have ceased.
7. SUBCONTRACTS
The Contractor agrees to insert the clauses hereof entitled "Davis-
Bacon Act," "Contract Work Hours Standards Act-Overtime Com-
pensation," "Apprentices," "Payrolls and Basic Records," "Com H-
ance With Copeland Regulations," "Withholding of Funds,"
"Subcontracts," and "Contract Termination-Debarment" in all sub-
contracts. The term "Contractor" as used in such clauses in any sub-
contract shall be deemed to refer to the subcontractor except in the
phrase "Government Prime Contractor."
8. CONTRACT TERMINATION-DEBARMENT
A breach of the clauses hereof entitled "Davis-Bacon Act," "Con-
tract Work Hours Standards Act-Overtime Compensation," "Appren-
tices," Payrolls and Basic Records " "Compliance With Copeland
Regulations," "Withholding of Fundis," and Subcontracts" may be
grounds for termination of the contract, and for debarment as provided
in 29 CFR 5.6.
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Special attention is called to the Equal Opportunity clause set
forth in the general provisions included in this invitation forbids.
You should thoroughly familiarize yourself with this clause and
with the related rules and regulations of the Secretary of Labor
on equal employment opportunity since in submitting a bid you
agree to certain specific responsibilities in the area of nondis-
crimination in employment which may include submission of
certain reports prior to and/or after award.
In connection with the administration of this clause, you may be
required, prior to award, to submit the names of your subcon-
tractors who will perform services for you under the contract
if awarded to you.
Any questions you may have concerning these nondiscrimination
requirements should be referred to the office issuing this invi-
tation.
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FORM
GSA AUG 66 1949
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GSA FORM 1139
AUG. 66
GENERAL SERVICES ADMINISTRATION
PUBLIC BUILDINGS SERVICE
1-i. DEFINITIONS
(a) The terms "Administration" and "Service" as used in the
specifications shall mean the General Services Administration
(GSA) and the Public Buildings Service (PBS), respectively.
(b) The term "Contracting Officer" as used in the specifications
shall mean the officer who executes the contract on behalf of the
United States, and shall include his duly appointed successor, or
his authorized representative.
(c) "Government Representative," "Construction Engineer,"
and "Inspectors" as used in the specifications shall mean repre-
sentatives of the Public Buildings Service, General Services Ad-
ministration.
(d) Resident Engineer" shall mean the representative of the
Architect who is authorized to act, within limitations, on behalf
of the PBS, GSA. In the absence of any of the foregoing repre-
sentatives at the building or site, Government Representative shall
mean the Custodian of the building or site, unless otherwise
specified.
(e) The term "Contractor" as used in the specifications shall
mean the individual, partnership, or corporation that agrees to
provide all labor, material and services required in the contract.
1-2. CONTRACT AND BONDS
If the amount of the contract is in excess of $2,000 and the
successful bidder fails to satisfactorily execute the required forms
of contract, performance bond and payment bond within the time
established In the bid, the Government may proceed to have the
required work performed by contract or otherwise, and the bidder
to whom award was originally made shall be liable for any excess
cost to the Government and the bid guarantee shall be available
toward offsetting such excess cost.
1-3. CONDITIONS AT SITE OR BUILDING
The Contractor shall be responsible for having ascertained per-
tinent local conditions readily determined by inspection and in-
quiry, such as the location, accessibility and general character of
the site or building, labor conditions, the character and extent of
existing work within or adjacent thereto, and any other work
being performed thereon at the time of the submission of his bid.
Nothing in this requirement shall be construed as being determina-
tive of the character, scope or extent of the work required under
I his contract.
1-4. MEASUREMENTS
All dimensions shown of existing work and all dimensions re-
quired for work that is to connect with work now in place, shall
be verified by the Contractor by actual measurement of the exist-
ing work. Any discrepancies between the drawings and specifica-
tions and the existing conditions shall be referred to the Con-
tracting Officer for adjustment before any work affected thereby
has been performed.
1-5. MONUMENTS AND BENCH MARKS
(a) The Contracting Officer has established, or will establish,
such general reference points as will enable the Contractor to
proceed with the work. If the Contractor finds that any previ-
ottsly established reference points have been destroyed or displaced,
or that none have been established, he shall promptly notify the
Contracting Officer.
(b) The Contractor shall protect and preserve the established
bench marks and monuments and shall make no changes in loca-
tions without the written approval of the Contracting Officer. Any
of them which may be lost or destroyed or which require shifting
because of necessary changes in grades or locations shall, subject
to prior approval by the Contracting Officer, be replaced and ac-
curately located at the Contractor's expense by a licensed engineer.
(c) The Contractor shall provide competent engineering services
as necessary to execute the work In accordance with the contract
requirements. He shall verify the figures shown on the survey
and approach drawings before undertaking any construction work
and shall be responsible for the accuracy of the finished work.
1-6. USE OF PREMISES
(a) The Contractor shall comply with regulations governing the
operation of premises which are occupied and shall perform his
contract in such a manner as not to unreasonably interrupt or in-
terfere with the conduct of Government business.
(b) It is the intent that all work be performed during estab-
lished working hours unless otherwise specified. Work performed
by the Contractor at his own volition, outside of established work-
ing hours shall be at no additional expense to the Government.
Requests by occupants of existing buildings to change the hours
or sequence of work shall be referred to the Contracting Officer for
a determination.
1-7. BUILDING CODES, ETC.
(a) The Contractor shall, without additional expense to the
Government, comply with all State and Municipal building ordi-
nances, codes, and regulations insofar as they are binding upon
the Government.
(b) State and local building codes and regulations do not apply
to work inside the property lines of Government-owned properties
but generally do apply to Government-leased properties.
(c) The Contractor shall obtain and pay all fees and charges
for connections to outside services and for use of property outside
the site.
1-8. FEDERAL, STATE, AND LOCAL TAXES
(a) Except as may be otherwise provided in this contract, the
contract price includes all applicable Federal, State, and local taxes
and duties.
(b) Nevertheless, 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 in-
creased by the amount of such tax or duty or rate increase :
Provided, That the Contractor if requested by the Contracting
Officer, 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 Government, as di-
rected by the Contracting Officer. The contract price shall be
similarly decreased if the Contractor, through his fault or negli-
gence 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) No adjustment pursuant to paragraph (b) above will be
made under this contract unless the aggregate amount thereof Is
or may reasonably he expected to be over $100.00.
(d) As used in paragraph (b) above, the term "contract date '
means the date set for the bid opening, or if this is a negotiated
contract, the date of this contract. As to additional supplies or
services procured by modification to this contract, the term "con-
tract date" means the date of such modification.
(e) Unless there does not exist any reasonable basis to sustain
an exemption, the Government, upon request of the Contractor,
without further liability, agrees, except as otherwise provided in
this contract, to furnish evidence appropriate to establish exemp-
tion from any tax which the Contractor warrants in writing was
excluded from the contract price. In addition, the Contracting
Officer may furnish evidence to establish exemption from any tax
that may, pursuant to this clause, give rise to either an increase or
decrease in the contract price. Except as otherwise provided in
this contract, evidence appropriate to establish exemption from
duties will be furnished only at the discretion of the Contracting
Officer.
(f) The Contractor shall promptly notify the Contracting Offi-
cer of matters which will result in either ah increase or decrease
in the contract price, and shall take action with respect thereto
as directed by the Contracting Officer.
1-9. GOVERNMENT SUPERVISION
(a) All work shall be done under the supervision of the author-
ized Government Representative in charge of the work at the site.
(h) The authorized representative of the Contracting Officer as
to the proper interpretation of the drawings and specifications is
the Director, Construction Division for contracts awarded by the
Central Office of the Public Buildings Service and is the regional
Chief, Design and Construction Division, Public Buildings Service,
for contracts awarded by any of the Regional Offices of the Gen-
eral Services Administration. Nothing shall excuse the Contractor,
from proceeding with work in accordance with the determination
of such representative as to the interpretation of the drawings and
specifications.
(c) Government Representatives have no authority to approve
or order changes in the work or to alter the terms or conditions of
the contract without written authority of the Contracting Officer.
t
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1-10. WORK TO BE DONE BY CONTRACTOR
Unless otherwise specified, the Contractor shall execute on the
site, with his own organization, work equivalent to at least 12
percent of the total amount of the contract price. The cost of
material installed by skilled and unskilled labor carried on Con-
tractor's own payroll may be included in the 12 percent.
1-11. SUBCONTRACTS
(a) Nothing contained in the contract shall be construed as
creating any contractual relationship between any Subcontractor
and the Government. The divisions or sections of the speciflea-
tions are not intended to control the Contractor in dividing the
work among Subcontractors, or to limit the work performed by any
trade.
(b) The Contractor shall be responsible to the Government for
acts and omissions of his own employees, and of Subcontractors
and their employees. He shall also be responsible for the coordi-
nation of the work of the trades, Subcontractors' and material men,
(c) The Government or its representatives will not undertake
to settle any differences betwen the Contractor and his Subcon-
tractors, or between Subcontractors.
1-12. SCHEDULE OF ESTIMATES
Before the first progress payment under the contract becomes
due, the Contractor and Government Representative shall prepare
jointly a schedule of the estimated values of the main branches of
the work totaling the amount of the contract. The values in the
schedule will be used only for determining progress payments.
The Contractor's overhead, profit and the cost of bonds shall be
prorated through the life of the contract.
1-13. PAYMENTS TO CONTRACTORS
The provisions of clause 7 of Standard Form 23-A, General
Provisions, are supplemented as follows:
(a) Material delivered on the site and preparatory work done
will not be taken into consideration in preparing estimates upon
which progress payments are based, except as provided in sub-
paragraph (c) hereof.
(b) Progress payments will be made in accordance with the pro-
visions of the aforementioned clause 7. In the discretion of the
Contracting Officer, payment of a portion of the retained per-
centage may be made before final acceptance, provided the con-
tract is substantially completed, and the work put to use by the
Government. A release of claims will be required before final
payment is made.
(c) Unless otherwise provided in the specifications, if the con-
tract price is more than $50,000 material delivered that will be
incorporated into the structure will be taken into consideration in
computing progress payments, provided the material is delivered
on the site, or is delivered to the Contractor and properly stored
by him in a warehouse, storage yard, or similar suitable place
within 25 miles of the site or such reasonable distance in excess
of 25 miles as may be approved by the Contracting Officer. Before
each such payment is made for delivered material ON the site, the
Contractor shall furnish to the Construction Engineer such evi-
dence as lie may require as proof of the quantity and value of such
materials. Before each such payment is made for delivered mate-
rial OFF the site, the Contractor shall furnish the Contracting
Officer, through the Construction Engineer, properly executed bills
of sale for the delivered material upon which payment is being
made.
(d) The Contractor, prior to receiving a progress or final pay-
ment under this contract, shall submit to the Contracting Officer
a certification that the Contractor has made payment from proceeds
of prior payments, or that he will make timely payment from the
proceeds of the progress or final payment then due him, to his
subcontractors and suppliers in accordance with his contractual
arrangements with them.
1-14. ACCIDENT PREVENTION
In the performance of the contract the Contractor shall comply
with the applicable provisions of the "Handbook, Accident and
Fire Prevention, Construction and Alteration Work," Issued by
the General Services Administration, and shall take any other
precautions necessary to protect all persons against injury at the
site of the work.
1-15. WORKMEN'S COMPENSATION LAWS
The Act of June 25, 1936, 49 Stat. 1938 (40 U.S.C. 290) author-
izes the constituted authority of the several States to apply their
workmen's compensation' laws to all lands and premises owned or
held by the United States.
1-16. BUY AMERICAN ACT
Pursuant to the Buy American Act, referred to in clause 19 of
Standard Form 23-A, General Provisions, the Administrator of
General Services has determined that the provisions of the said
clause 19 shall not apply to the following :
Cork ; sisal ; hemp ; flax ; jute ; silk ; licorice root ; asbestos
English china clay ; English ball clay ; carnauba wax ; mica ;
rubber ; antimony ; manganese ; titanium ; tungsten ; zirconium
chromium ; platinum ; tin ; nickel and natural nickel alloys.
1-1.7. STANDARD REFERENCES
(a) Except as specified in subparagraph (b) below, any mate-
rials, equipment, or workmanship specified by reference to the num-
ber, symbol, or title of any specific Standard shall comply with the
latest edition or revision thereof, and any amendment or supple-
ment thereto, in effect on the date of the Invitation for Bids,
except as limited to type, class or grade, or modified in the
specifications.
(b) The references to "latest edition or revision" and to
herrconstrt or StandardaSle ifications above
of the Public
Buildings Service or to include Interim Federal Specifications and
Interim Amendments to Federal Specifications. Only the Standard
Specifications of the Public Buildings Service of the specific titles
and dates referenced shall apply in each case. Interim Federal
Specifications and Interim Amendments to Federal Specifications
shall apply only to the extent that they are individually referenced
in each case.
(c) Standards referred to in the specifications, except as modi-
fied, shall have full force and effect as though printed in the
specifications.
(d) "Federal Specifications," "Commercial Standards," and
"Simplified Practice Recommendations" can be purchased from the
Superintendent of Documents, U.S. Government Printing Office,
Washington, D.C., or may be obtained from any Regional Office of
the General Services Administration. Directions for purchase and
the price of each copy are contained in the respective indexes
obtainable from the same sources at current prices.
(e) "Standard Specifications of the Public Buildings Service"
can be obtained without charge from any Regional Office of the
General Services Administration or from General Services Admin-
istration, Public Buildings Service, Washington, D.C.
(f) Standards of Associations referred to in the specifications
may be obtained directly from the Associations.
1-18. DRAWINGS
(a) The general character and scope of the work are shown by
the drawings listed in the specifications.
(b) In case of differences between small and large-scale draw-
ings, the large-scale drawings shall govern. Schedules on any con-
tract drawing shall take precedence over conflicting information
on that or any other contract drawing. On any of the drawings
where a portion of the work is drawn out and the remainder is
shown in outline, the parts drawn out shall apply also to all other
like portions of the work.
have ) a Where
general the meaning and not be occurs
interpreted as being Identical,
hand all details shall be worked out in relation to their location and
their connection with other parts of the work.
1-19. STANDARD DETAILS
(a) Standard Details are listed on the drawings and are bound
with the specifications. Their application is made specific by nota-
tion on the drawings or by references elsewhere in the specifica-
tions. Where the notes on the drawings indicate modifications of
the details listed, such' modifications shall govern.
suffix letter Revisions
to n the basicnnum b r Details d-15-
su313 supersedes 6-15-3A. Such suffix letters may not appear in
cross references on other Standard Details. The Standard Details
bound with the specifications shall take precedence over earlier
editions thereof which may be referred to on the drawings, in the
specifications, or on other Standard Details.
(c) In case of difference between the Standard Detail and the
specification, the specification will govern. In case of difference
between the Standard Detail and the contract drawings, the con-
tract drawings will govern.
1-20. SHOP DRAWINGS
(a.) The Contractor shall submit for approval shop drawings,
required by the specifications or requested by the Contracting Offi-
cer. Approval will be by the Contracting Officer or the Architect-
Engineer. Shop drawings shall consist of fabrication, erection
and setting drawings, schedule drawings, manufacturers' scale
drawings, wiring and control diagrams, cuts or entire catalogs,
pamphlets, descriptive literature, and performance and test data.
Prior to submission of shop drawings on the mechanical and elec-
trical work, the Contractor shall submit lists of certain mechanical
and electrical equipment and materials as required by the specifi-
cations and shall obtain the Contracting Officer's approval thereof.
Drawings and schedules shall be delivered to the Contracting
Officer unless otherwise directed.
with)t the work of all trades linvolved, bbefore checked aresubmitted
for the approval of the Contracting Officer and shall bear the
Contractor's stamp of approval as evidence of such checking and
coordination. Drawings or schedules submitted without this
stamp of approval may be returned to the Contractor for resub-
mission.
(c) Drawings and schedules shall be submitted initially in the
form of a reproducible print made by a process approved by the
Contracting Officer accompanied by a letter of transmittal in trip-
licate. After return of the approved reproducible the Contractor
will furnish the number of additional prints, not to exceed 1.0,
specified in the Special Conditions of the specification.
located E adjacent ptorthe title shall have a block. The blank block shall display
the following :
Number and Title of Drawing
Date of Drawing or Revision
Name of Project Building or Facility
Name of Contractor or Subcontractor submitting drawing
Clear Identity of Contents and Location on the work
Specification Title and Number
(e) The Contractor shall submit all drawings and schedules suf-
ficiently in advance of construction requirements to permit no less
than 10 working days for checking and appropriate action.
(f) The approval of drawings and schedules will be general, but
approval shall not be construed : (1) As permitting any departure
from the contract requirements (2) as relieving the Contractor
of the responsibility for any errors, including details, dimensions,
materials, etc. ; (3) as approving departures from full-size details
furnished by the Contracting Officer, except as otherwise provided
herein.
(g) If drawings show variations from the contract requirements
because of standard shop practice or for other reasons, the Con-
tractor shall describe such variations in his letter of transmittal.
If acceptable, the Contracting Officer may approve any or all such
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variations, subject to a proper adjustment in the contract. If
the Contractor fails to describe such variations he shall not be
relieved of the responsibility for executing the work in accordance
with the contract, even though such drawings have been approved.
(h) If the drawings or schedules as submitted show a departure
from the contract requirements, which the Contracting Officer finds
to be in the interest of the Government and to be so minor as not
to involve a change in the contract price or time for performance,
the Contracting Officer may approve the drawings.
1--21. SAMPLES
(a) After the award of the contract, the Contractor shall fur-
nish for the approval of the Contracting Officer, samples required
by the specifications or by the Contracting Officer. Samples shall
be delivered to the Contracting Officer or the A/E as specified or
directed. The Contractor shall prepay all shipping charges on
samples. Materials or equipment for which samples are required
shall not be used in the work until approved in writing by the
Contracting Officer.
(b) Each sample shall have a label indicating :
1. Name of project
2. Name of Contractor
3. Material or equipment represented
4. Place of origin
5. Name of producer and brand (if any)
6. Location in project.
Samples of finished materials shall have additional markings that
will identify them under the finish schedules.
(c) The Contractor shall mail under separate cover a letter in
triplicate submitting each shipment of samples and containing the
information required in (b) above. He shall enclose a copy of this
letter with the shipment and send a copy to the Government Repre-
sentative on the project. Approval of a sample shall be only for
the characteristics or use named in such approval and shall not be
construed to change or modify any contract requirement. Substi-
tutions will not be permitted unless they are considered to be to
the Government's best interest.
(d) Approved samples not destroyed in testing will be sent to
the Government Representative at the project. Approved samples
of hardware in good condition will be marked for identification and
may be used in the work. Materials and equipment incorporated
in the work shall match the approved samples. 'Samples not
destroyed in testing or not approved will be returned to the Con-
tractor at his expense if so requested at time of submission.
(e) Failure of any material to pass the specified tests will be
sufficient cause for refusal to consider, under this contract, any
further samples of the same brand or make of that material. The
Government reserves the right to disapprove any material or
equipment which previously has proved unsatisfactory in service.
(f) Samples of various materials or equipment delivered on the
site or in place may be taken by the Government Representative
for testing. Samples failing to meet contract requirements will
automatically void previous approvals of the items tested. The
Contractor shall replace such materials or equipment to meet con-
tract requirements, or there shall be a proper adjustment of the
contract price as determined by the Contracting Officer.
(g) When tests are required only one test of each sample pro-
posed for use will be made at the expense of the Government.
Samples which do not meet specification requirements will be re-
jected. Retesting of additional samples will be made by the Gov-
ernment at the expense of the Contractor.
1 -22. HEAT
The Contractor shall provide heat as follows unless otherwise
specified and the particular type of work for which heat is required
is being performed in an area where heat is already provided by
the Government :
(a) As necessary to protect all work, materials, and equipment
against injury from dampness and cold.
(b) At all times during the placing, setting, and curing of con-
crete, to insure the heating of the spaces involved to not less than
50 degrees Fahrenheit.
(c) From the beginning of the application of plaster and during
the setting and curing period, to produce a temperature in the
spaces involved of not less than 50 degrees Fahrenheit.
(d) For a period of 10 days previous to the placing of interior
wood finish and throughout the placing of this and other interior
finishing, varnishing, painting, etc., and until the completion of
the building, to produce a temperature of not less than 70 degrees
Fahrenheit.
1-23. CONTRACT CHANGES
The provisions of clause 3 of Standard Form 23-A, General Pro-
visions, are supplemented as follows :
(a) All proposals for changes in the work shall be submitted by
the Contractor in a lump-sum amount unless otherwise requested.
(b) In considering proposals for changes involving added work.
omitted work, or any combination thereof, check estimates in detail
may be made by the Government, utilizing unit prices where
specified or agreed upon, with the view of arriving at equitable
adjustments.
(c) With each proposal for a change involving an increase or
decrease in the amount of the contract, the Contractor shall submit
an itemized breakdown covering Subcontractors' work as well as
his own, that will include but not be limited to the following :
1. Material quantities and unit prices.
2. Labor costs (identified with specific item of material placed
or operation performed).
Construction equipment.
4. Workmen's Compensation and Public Liability Insurance.
5. Overhead.
6. Profit.
7. Employment taxes under FICA and FUTA.
(d) Proposals and breakdowns should be submitted as promptly
as possible and should be acted upon promptly by the Contracting
Officer.
CIA-RDP86-01019R000100050023-5
(e) When the necessity to proceed with a change does not
allow sufficient time to properly check a proposal, or because of
failure to reach an agreement, the Government may order the Con-
tractor to proceed on the basis of price to be determined at the
earliest practicable date but not to be more than the increase or
less than the decrease proposed.
(f) Allowable overhead, profit, and commission percentages are
given at the end of this paragraph. These percentages shall be
considered to include, but not to be limited to, insurance other than
mentioned herein, bond or bonds, field and office supervisors and
assistants, above the level of foreman, use of small tools, incidental
job burdens, and general office expense. No percentages for over-
head, profit, or commission will be allowed on employment taxes
under FICA and FUTA.
The percentages for overhead, profit, and commission to be al-
lowed by the Government may vary according to the nature, ex-
tent, and complexity of the work involved, but in no case shall
exceed the followin_ :
performed by other
than his own forces_
To Contractor and/or
the Subcontractors
for that portion of
the work performed
with their respective
Not more than three percentages, none of which shall exceed 10
percent, will be allowed regardless of the number of tier Subcon-
tractors, i.e., the markup on work subcontracted by a Subcontractor
will be limited to one overhead percentage and one profit percent-
age in addition to the general contractor's commission percentage.
On proposals involving both increases and decreases in the amount
of the contract, the overhead, profit, and commission will be al-
lowed on the net increase only.
1-24. PAYMENT FOR HEAT
Determination of payment to be made for the cost of heat fur-
nished during any period of time that extends beyond the date for
completion stipulated in the contract will be as follows :
(a) Payment will be made for the extended period of time that
is caused directly by authorized changes made in the drawings or
specifications, as provided in clause 3, Standard Form 23-A, Gen-
eral Provisions, and/or to the extent caused by the "Suspension of
Work Clause."
(b) Payment will not be made for the extended period of time
that Is caused by delays other than those noted in paragraph (a)
above.
(c) When the total extended period of time is considered to in-
clude both of above conditions (a) and (b), the Contracting Officer
will adjust such time and determine the ratio of time covered by
condition (a) to the total extended period of time and payment
will he made as provided in (a) above.
(d) In determining the cost of furnishing this heat, the Con-
tractor will be allowed overhead not to exceed 10 percent and no
profit.
1-25. FINAL INSPECTION AND TESTS
The requirements of clause 10 of Standard Form 23-A, General
Provisions, are supplemented as follows :
(a) If any part of the work as installed be at variance with the
contract requirements, the Contracting Officer may, if he finds it
to be in the interest of the Government, allow all or any part of
such work to remain in place, subject to a proper adjustment in
the contract price.
(b) The Contractor shall give the Contracting Officer at least
ten (10) days advance written notice of the date the work will be
fully completed and ready for final inspection and tests. An en-
dorsement by the Government Representative at the site shall be
attached to this notice which shall not relieve the Contractor of his
responsibilities in the matter. Final inspection and tests will be
started within ten (10) days from the date specified in the afore-
said notice.
(c) Regardless of quantities involved, inspection of material
and finished articles to be incorporated in the work at the site shall
be made at the place of production, manufacture, or shipment, only
when shop inspection, mill inspection or plant inspection Is re-
quired by the specifications unless a determination to the contrary
is made by the Contracting Officer.
1-26. GUARANTIES
(a) Unless otherwise provided in the specifications, the Con-
tractor guarantees all mechanical and electrical work to be in ac-
cordance with contract requirements and free from defective or
inferior materials, equipment, and workmanship for one (1) year
after the date of final settlement or from an earlier date deter-
mined by the Contracting Officer which date will not be earlier
than the day the equipment or work was placed in use by the
Government.
(b) If, within any guaranty period, the Contracting Officer find's
that guaranteed work needs to be repaired or changed because of
the use of materials, equipment, or workmanship which, in his
opinion, are inferior, defective, or not in accordance with the terms
of the contract, he shall so inform the Contractor In writing and
the Contractor shall promptly and without additional expense to
the Government :
(1) place in a satisfactory condition all of such guaranteed
work ;
(2) make good all damage to equipment, the site, the building
or contents thereof, which is the result of such unsatisfactory
guaranteed work; and
(3) make good any work, materials, and equipment that are
disturbed in fulfilling the guaranty, including any disturbed
work, materials, and equipment that may have been guaranteed
under another contract.
3
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Should the Contractor fail to proceed promptly in accordance
with the guaranty, the Government may have such work performed
at the expense of the Contractor.
(c) Any special guaranties that may be required under the con-
tract shall be subject to the stipulations set forth above, insofar
as they do not conflict with the provisions of such special
guaranties.
1-27. DEBRIS AND CLEANING
(a) The Contractor shall, during the progress of the work, re-
move and dispose of the resultant dirt and debris and keep the
premises clean.
(b) Upon completion of the work, the Contractor shall remove
all construction equipment and surplus materials (except materials
or equipment that are to remain Government property as provided
by the specifications or change orders), and leave the premises in
it broom clean condition satisfactory to the Government
Representative.
1-28. DELAYS
Except as provided in this contract no payment will be made by
the Government on account of any items of cost of delay, whether
occasioned by a change in the specifications or otherwise.
1-29. FURNISHING INFORMATION AND RECORDS
(a) If the Contractor or any Subcontractor under this contract,
or the officers or agents of the Contractor or any Subcontractor,
shall refuse or have refused, except as provided by the terms of the
prime contract involved, to furnish to any Government agency or
any establishment in the legislative or judicial branch of the Gov-
ernment information or records reasonably pertinent to this con-
tract or any other Government contract in connection with which
the Contractor or such Subcontractor has or shall have performed
work or furnished materials or supplies or undertaken so to do,
the following action may be taken ;
(b) In the case of a refusal by the Contractor, its officers or
agents, the Government may, after affording an opportunity to
explain or justify such refusal, terminate the Contractor's right
to proceed with the work under this contract and thereupon the
Government may avail itself of the rights and remedies provided
in paragraphs (a) and (b) of clause 5 of the General Provisions
(Standard Form 23-A) of this contract in addition to any other
rights and remedies provided by law or under this contract ;
(c) In the case of a refusal by a Subcontractor, its officers or
agents, the Government may, after affording an opportunity to ex-
plain or justify such refusal, require the Contractor to terminate
the subcontract without cost to the Government, or if the Con-
tractor fails or refuses to effect such termination, the Government
may terminate the Contractor's right to proceed with the work
under this contract and thereupon the Government may avail itself
of the rights and remedies referred to in subparagraph (b) above.
(d) The term "subcontract" as used in this paragraph means
any contract entered into, or any purchase order Issued by, a prime
contractor under a contract with the Government in connection
with the performance of the prime contractor's obligations under
such Government contract.
(e) The term "Subcontractor" as used in this paragraph means
a party to it subcontract other than the prime contractor under the
related Government contract.
1-- 30. PRICE ADJUSTMENT 1`OIt SUSPENSION, DEL.1Y, 011
INTERRUPTION OF THE WORK
(a) The Contracting Officer may order the Contractor in
writing to suspend 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, without the fault or negligence of the Contractor, the
performance of all or any part of the work is, for an unreasonable
period of time, suspended, delayed, or interrupted by an act of the
Contracting Officer in the administration of the contract, or by his
failure to act within the time specified in the contract (or If no
time is specified, within a reasonable time), an adjustment shall
he made by the Contracting Officer for any increase in the cost
of performance of the contract (excluding profit) necessarily caused
by the unreasonable period of such suspension, delay, or interrup-
tion, and the contract shall be modified in writing accordingly.
No adjustment shall be made to the extent that performance by
the Contractor would have been prevented by other causes even
if the work had not been so suspended, delayed, or interrupted. No
claim under this clause shall be allowed (i) for any costs incurred
more than twenty 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 where a suspension
order has issued), and (it) 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. Any dispute concerning
it question of fact arising under this clause shall be subject to the
Disputes clause.
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MODIFICATION OF GENERAL CONDITIONS
(GSA FORM 1139 - AUGUST 1966)
1-6 USE OF PREMISES
Add the following paragraph:
"(c) All persons employed under the contract shall, while on the prem-
ises, observe the regulations in effect at the institution and are cautioned
that entrance to any area of the existing building outside the scope of the
contract is forbidden except by official permission.
1-14 ACCIDENT PREVENTION
Delete and substitute the following:
"1-14 ACCIDENT PREVENTION
a. In the performance; of the contract the Conttactorshall'comply with
the applicable provisions of the "Handbook - Accident and Fire Prevention,
Construction and Alteration Work", issued by the General Services Administra-
tion, and' shal1 take any other precautions necessary to protect all persons
against injury at the site of the work.
b. Prior to commencement of work, the Contractor shall post on the
project a notice addressed to his employees and his Subcontractors' employees
stating that he will enforce the safety standards required above. The notice
shall provide emergency telephone numbers for the nearest fire department,
doctor, ambulance, and first aid attendant on the project together with an
appropriate list of safety rules covering potential hazards inherent in the
type of work to be performed on the specific project site. The notice shall
clearly state that the list of safety rules shall not be construed as a
replacement for the safety standards required above.
c. The use of open flame or electric arc equipment will not be permitted
in the operations for the removal of materials and equipment connected to or
associated with combustible materials or flammable liquids.
1-20 SHOP DRAWINGS
a. Delete the word ''Prior" at the beginning of line 3 of subparagraph
(a) and insert in lieu thereof the words "Unless otherwise specified prior."
b. Delete subparagraphs (c) and (e) in their entirety. See section en-
titled "SPECIAL CONDITIONS" for requirements on submission of shop drawings.
1-23 contract changes
Add the following paragraph (g):
"'(g) The provisions of this clause 'Contract Changes' shall be deemed
applicable to any and all claims for equitable adjustment under the provisions
of clause 3 of Standard Form 23-A."
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GSA-WASH DC 68-13027
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1-24 PAYMENT FOR HEAT
Delete paragraph.
1-23 DELAYS
Delete paragraph
1-30 PRICE ADJUSTMENT FOR SUSPENSION, DELAY, OR INTERRUPTION OF THE WORK.
Delete paragraph.
1-30 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT
a. The Contracting Officer, by written notice, may terminate this con-
tract, in whole or in part, when it is in the interest of the Government.
If this contract is terminated, the Contractor, shall be compensated in accord-
ance with Part 1-8 of the Federal Procurement Regulations (41. CFR 1-L), in
effect on this contract?s date.
(b) If this contract exceeds $100,000, the clause in Section.1-8.703
of the Federal Procurement Regulations (41 CFR 1-8.703) in effect on the date
of bid opening shall apply in lieu of the provisions set forth in (a) above,
such clause being hereby incorporated by reference as fully as if set forth
at length herein.
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APPLICABLE MINIMUM HOURLY RATES OF WAGES
3-1. The attached wage determination decision of the Secretary of
Labor specifies the minimum hourly rates of wages which shall be paid
to laborers and mechanics employed or working directly upon the site of
the work embraced by this specification; the rates having been determined
by the Secretary of Labor in accordance with the provisions of the
Davis-Bacon Law, as amended, to be the prevailing rates for the corre-
sponding classes of laborers and mechanics employed on contracts of a
similar character in the locality where this work is to be performed.
THESE MINIMUM HOURLY RATES OF WAGES SHALL APPLY ONLY IF THE CONTRACT IS
IN EXCESS OF $2,000 IN AMOUNT.
3-2. While the wage rates given in the attached decision are the min-
imum rates required to be paid during tLe life of the contract, it is the
responsibility of bidders to inform themselves as to local labor condi-
tions such as the prevailing wage rates, the length of the work day and
work week, overtime compensation, health and welfare contributions, avail-
able labor supply, and prospective changes or adjustments of wage rates.
The Contractor shall abide by and conform to all applicable laws, Execu-
tive orders, and rules, regulations and orders of Federal Agencies author-
ized to pass upon and determine wage rates. No increase in the contract
price shall be allowed or authorized on account of the payment of wage
rates in excess of those listed in the attached decision.
3-3. The wage determination decision of the Secretary of Labor is at-
tached solely for the purpose of setting forth the minimum hourly wage
rates required to be paid during the life of the contract and is not to
be accepted as a guarantee, warranty or representation as to the wage
rates indicated. Under no circumstances shall any mistake in attaching
the appropriate wage determination decision of the Secretary of Labor and
in the wage rates set forth entitle the successful bidder to cancellation
of his bid or contract or to an increase in the contract price or other
additional payment or recovery.
GSA FORM 1069
November 1953
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