Multiple Award Task Order Contract (MATOC

Transcription

Solicitation No. W912EK-14-R-0015
US Army Corps
of Engineers
Rock Island District
Multiple Award Task Order Contract
(MATOC)
Rock Island District
States of Illinois, Indiana, Iowa,
Michigan, Minnesota, Missouri, Ohio,
and Wisconsin
Construction Solicitation
and Specifications
June 2014
SOLICITATION NO.: W912EK-14-R-0015
PROJECT TABLE OF CONTENTS
DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS
00010
00100
00600
00700
00 01 10
00 70 00
00 73 05
00 73 46
SOLICITATION, OFFER, AND AWARD: SF1442 AND
SCHEDULE OF PRICES
INSTRUCTIONS TO BIDDERS
REPRESENTATIONS & CERTIFICATIONS
CONTRACT CLAUSES
SUBMITTALS FOR CONTRACT CLAUSES
SUBMITTAL CLAUSES
SPECIAL CONTRACT REQUIREMENTS
ATTACHMENT A - TASK ORDER TABLE OF CONTENTS FOR
SPECIFICATIONS BY REFERENCE ONLY
WAGE RATES
DIVISION 01 – GENERAL REQUIREMENTS
01 11 00
01 22 00
01 33 00
01 35 26
01 42 00
01 45 02
01 45 04
01 57 20
01 78 00
SUMMARY OF WORK
MEASUREMENT AND PAYMENT
SUBMITTAL PROCEDURES
SUBMITTAL REGISTER
SUBMITTAL TRANSMITTAL (ENG FORM 4025-R)
GOVERNMENT SAFETY REQUIREMENTS
ATTACHMENT - ACTIVITY HAZARD ANALYSIS,
CEMVR FORM 1259
SOURCES FOR REFERENCE PUBLICATIONS
QUALITY CONTROL SYSTEM (QCS)
CONTRACTOR QUALITY CONTROL
ATTACHMENT A - PREPARATORY PHASE CHECKLIST
ATTACHMENT B - INITIAL INSPECTION CHECKLIST
ATTACHMENT C - CONSTRUCTION QUALITY CONTROL
ENVIRONMENTAL PROTECTION
ATTACHMENT A – HTRW ANALYTICAL PARAMETERS
ATTACHMENT B – SELF DECLARATION FORM
CLOSEOUT SUBMITTALS
DIVISIONS 02 THROUGH 49 (NOT USED)
End of Project Table of Contents --
PROJECT TABLE OF CONTENTS PAGE 1
SOLICITATION, OFFER,
AND AWARD
1. SOLICITATION NO.
2. TYPE OF SOLICITATION
SEALED BID (IFB)
W912EK-14-R-0015
(Construction, Alteration, or Repair)
3. DATE ISSUED
PAGE OF PAGES
27-Jun-2014
1 OF
X NEGOTIATED (RFP)
171
IMPORTANT - The "offer" section on the reverse m ust be fully com pleted by offeror.
4. CONTRACT NO.
6. PROJECT NO.
5. REQUISITION/PURCHASE REQUEST NO.
96514741393832
7. ISSUED BY
CODE
8. ADDRESS OFFER TO
W912EK
CONTRACTING DIVISION
US ARMY CORPS OF ENGINEERS
1500 ROCK ISLAND DRIVE
ROCK ISLAND IL 61201
TEL: 309-794-5613
(INVOICES
9. FOR INFORMATION
CALL:
(If Other Than Item 7) CODE
See Item 7
FAX: --- --- ---- REF BLOCK 18A)
TEL:
FAX:
A. NAME
B. TELEPHONE NO.
SCOTT D HARRIS
309-794-5443
(Include area code)
(NO COLLECT CALLS)
SOLICITATION
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS
(Title, identifying no., date):
Construction Multiple Aw ard Task Order Contract (MATOC)
Projects may include, but are not limited to the follow ing types of features: general carpentry; doors; w indow s; roofing; gutters; moisture &
thermal protection; masonry - including rehabilitation of historic stone structures; metal buildings; lead paint and asbestos removal/remediation;
interior & exterior finishes; furnishings; HVAC; plumbing; fire suppression; fuel systems; building automation systems controls; pow er
distribution; backup generation; lighting; communications; security systems; motor controls; parking lot paving/striping; sidew alks; concrete
repairs; asphalt sealing; fencing; minor earthw ork; clearing/grubbing; directional boring; tree removal; minor demolition; and underground
storage tank removal.
Estimated Dollar Range: $250,000.00 to $500,000.00 per Task Order
Total Contract Capacity: 10 Million
Restricted to 8(a) Firms located w ithin the aforementioned geographical area serviced by the Illinois District Office, OR other 8(a) construction
firms w ith a bonafide place of business in Indiana, Iow a, Michicagn, Minnesota, Ohio, Missouris and Wisconsin, the geographical competitive area.
NAICS Code: 237990 and 236220
Questions must be submitted to ASFI seven (7) days prior to the due date.
15
11. The Contractor shall begin performance w ithin _______
calendar days and complete it w ithin ________ calendar days after receiving
aw ard, X notice to proceed. This performance period is
X mandatory,
negotiable.
(See _________________________ .)
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
X YES
12B. CALENDAR DAYS
10
NO
13. ADDITIONAL SOLICITATION REQUIREMENTS:
02:00 PM
1
A. Sealed offers in original and __________
copies to perform the w ork required are due at the place specified in Item 8 by ___________
(hour)
28
Jul
2014
local time ______________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers
shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
B. An offer guarantee X is,
is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
60
D. Offers providing less than _______
calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.
NSN 7540-01-155-3212
1442-101
STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA
FAR (48 CFR) 53.236-1(e)
SOLICITATION, OFFER, AND AWARD (Continued)
(Construction, Alteration, or Repair)
OFFER (M ust be fully completed by offeror)
14. NAME AND ADDRESS OF OFFEROR
(Include ZIP Code)
15. TELEPHONE NO.
(Include area code)
16. REMITTANCE ADDRESS
(Include only if different than Item 14)
See Item 14
FACILITY CODE
CODE
17. The offeror agrees to perform the w ork required at the prices specified below in strict accordance w ith the terms of this solicitation, if this offer is
(Insert any number equal to or greater than
accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.
the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)
AMOUNTS
SEE SCHEDULE OF PRICES
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE
20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN
OFFER (Type or print)
20C. OFFER DATE
20B. SIGNATURE
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT
23. ACCOUNTING AND APPROPRIATION DATA
ITEM
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
(4 copies unless otherwise specified)
26. ADMINISTERED BY
10 U.S.C. 2304(c)
41 U.S.C. 253(c)
27. PAYMENT WILL BE MADE BY:
CODE
CODE
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
28. NEGOTIATED AGREEMENT
29. AWARD (Contractor is not required to sign this document.)
(Contractor is required to sign this
document and return _______ copies to issuing office.)
Contractor agrees
Y our of f er on this solicitation, is hereby accepted as to the items listed. This award con-
to f urnish and deliv er all items or perf orm all work, requisitions identif ied
summates the contract, which consists of (a) the Gov ernment solicitation and
on this f orm and any continuation sheets f or the consideration stated in this
y our of f er, and (b) this contract award. No f urther contractual document is
contract. The rights and obligations of the parties to this contract shall be
necessary .
gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses,
representations, certif ications, and specif ications or incorporated by ref erence in or attached to this contract.
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED
TO SIGN (Type or print)
31A. NAME OF CONTRACTING OFFICER
30B. SIGNATURE
TEL:
30C. DATE
(Type or print)
EMAIL:
31B. UNITED STATES OF AMERICA
31C. AWARD DATE
BY
NSN 7540-01-155-3212
STANDARD FORM 1442 BACK
(REV. 4-85)
W912EK-14-R-0015
Page 3 of 169
Section 00010 - Solicitation Contract Form
NARRATIVE
1. Maximum Value:
This Multiple Award Task Order Contract (MATOC) Solicitation may result in the Award of up
to three Indefinite Delivery/Indefinite Quantity (IDIQ) construction Contracts with firm-fixed
price Task Orders. Each Contract will include a 12 month Base Period and four 12 month Option
Periods. The maximum dollar value for all Contracts combined will be a Not To Exceed (NTE)
amount of $10,000,000.00.
2. Attachment A. Task Order No. 0001:
Task Order No. 0001, identified as follows: 88th RSC, USARC BUILDING, KINGSBURY,
IN; REPLACE DDC SYSTEM AND CHILLER, will be issued concurrently with the award
of the IDIQ construction Contract. The offerors proposal for evaluation “Factor 1: Subfactor 3
Work Plan” and “Factor 3 Price” are to be based on Attachment A. Task Order No. 0001.
Contract guaranteed minimum amount will be $200.00 for the life of the contract. At time of
award of the basic contract, a task order for $200.00 will be issued and will be paid only if the
awarded contractor submits acceptable Corporate Accident Prevention Plan to the Contracting
Officer (The $2,000 minimum value for a task order does not apply to this initial task order).
The Corporate Accident Prevention Plan is to be generic in nature and not Task Order specific.
Corporate Accident Prevention Plans are due 30 days after issuance of the task order.
3. Subsequent Task Orders:
(a) Requests for Task Order Proposals (RFTOPs). When the Government requires work under
this MATOC an RFTOP will be issued to the MATOC contract holders. The RFTOP will
include a Statement of Work (SOW) describing the work to be performed, any special
instructions and conditions, specifications and/or drawings, guide specifications, attachments,
information pertaining to a site visit, submission of any bid bonds, and any other requirements
necessary for submission. In the event an offeror is unable to submit an offer in response to a
RFTOP, the Contractor shall immediately notify the Contracting Officer in writing.
(b) Competition. All task orders will be awarded based on competition among the MATOC
contract holders, unless an exception to Fair Opportunity is justified and approved in accordance
with FAR 16.505(b)(2).
(c) Site-Visits. Offeror’s attendance at walk-throughs is considered vital to preparation of
competitive and cost effective offers and to understanding the total results desired by the
Government. Failure to attend a site visit may not be used as an excuse for omission or
miscalculation in offers. The Contractor will not be reimbursed for attendance during
negotiations, site visits, or other pre-task order costs.
(d) Evaluation Method and Procedures For Individual Task Orders.
(1) Each RFTOP will describe the specific criteria to be used in evaluating task order proposals.
W912EK-14-R-0015
Page 4 of 169
BASIS FOR AWARD
A. BASIS FOR AWARD
The award will be made based on the best overall (i.e., best value) proposal that is determined to
be the most beneficial to the Government, with appropriate consideration given to the three (3)
evaluation factors: Technical Approach, Past Performance and Price.
Factor Weights
Technical Approach Factor is
Past Performance Factor is
Significantly More Important
Approximately Equal
Than Past Performance Factor
Price Factor
To receive consideration for award, a rating of no less than “Acceptable” must be achieved for
the Technical Approach factor (to include all sub-factors). Offerors will be cautioned that the
award may not necessarily be made to the lowest price offered. NOTE: ALL EVALUATION
FACTOR OTHER THAN COST OR PRICE, WHEN COMBINED, are significantly more
important than cost or price (FAR 15.101-1(b)(2)).
B. FACTORS AND SUB-FACTORS TO BE EVALUATED
The following evaluation factors and subfactors will be used to evaluate each proposal: Award
will be made to the offeror whose proposal is most advantageous to the Government based upon
an integrated assessment of the evaluation factors and sub-factors described below.
Factor 1: The Technical Approach factor is further divided into the following subfactors:
a. Subfactor 1: Management Capability and Experience
b. Subfactor 2: Scheduling Methodology
c. Subfactor 3: Work Plan
SubFactor Weights
Subfactor 1 is
Subfactor 2 is
Approximately Equal
Significantly More Important
Subfactor 2
Than Subfactor 3
Evaluation of the offeror’s proposal shall address each sub-factor as it applies to the
Statement of Work, plans and specifications. A detailed explanation of the criteria for the
evaluation is set forth in the “Evaluation Approach”, Paragraph C of this section. During
evaluations of each proposal, the Government will assign each sub-factor an adjectival rating and
write a narrative evaluation reflecting the identified findings.
Factor 2: Past Performance: Each offeror’s past performance will be reviewed to determine
relevancy and confidence assessment.
Factor 3: Price: The resulting award will be a FFP Indefinite Delivery Indefinite Quantity
contract. Price reasonableness will be utilized in the evaluation of the FFP effort.
C. EVALUATION APPROACH
W912EK-14-R-0015
Page 5 of 169
All proposals shall be subject to evaluation by the Source Selection Team (SST).
1. The overarching evaluation approach for all factors and subfactors is as follows:
a. Adequacy of Response. The proposal will be evaluated to determine whether
the offeror’s methods and approach have adequately and completely considered, defined, and
satisfied the requirements specified in the RFP. The proposal will be evaluated to determine the
extent to which each requirement has been addressed in the proposal in accordance with the
proposal submission section of the RFP.
b. Feasibility of Approach. The proposal will be evaluated to determine the extent
to which the proposed approach is workable and the end results achievable. The proposal will be
evaluated to determine the extent to which successful performance is contingent upon proven
devices and techniques. The proposal will be evaluated to determine the extent to which the
offeror is expected to be able to successfully complete the proposed tasks and technical
requirements within the required schedule.
2. Factor 1 Technical Approach: is divided into the following subfactors:
Subfactor 1 Management Capability and Experience: This subfactor evaluates the
offeror’s proposed MANAGEMENT CAPABILITY AND EXPERIENCE for the basic
contract period and all option years. The Government will evaluate the offeror’s proposed
Management Capability and Experience to determine compliance with and capability to
meet Governments requirements. Marginal levels of overall EXPERIENCE could
indicate a lack of understanding concerning mission requirements and may result in the
entire proposal receiving an unfavorable rating and/or being eliminated from the
competitive range. The following are the Subfactor 1 elements on which the offeror’s
proposal will be evaluated. All elements are of equal importance.
•
PRIME CONTRACTOR EXPERIENCE
•
KEY PERSONNEL EXPERIENCE
a. Prime Contractor Experience
The Government will evaluate the quality and extent of related experience, and determine if the
offeror has the prime contractor experience to manage multi-disciplined, construction projects,
which is comparable to the work requirements of this solicitation. To meet the requirements of
the RFP, the proposal must demonstrate that the offeror has experience with management of
construction projects, as well as the capability to perform multiple projects at one time.
Experience prior to ten years will not be given consideration unless key personnel proposed for
this project played a significant role AND the project can be shown to be similar to this project
considering changes in technology, materials, equipment, codes, etc. Documentation of
W912EK-14-R-0015
Page 6 of 169
successful completion of projects similar in nature and scope to this project will be favorably
considered in the evaluation. Conversely, proposals that do not include substantial evidence that
the offeror has experience, qualifications, and production capability to successfully prosecute the
project will be unfavorably considered.
b. Key Personnel Experience
The Government will evaluate the adequacy and strength of key personnel assignments (prime
and subcontractors) to cover the necessary design disciplines and construction staffing
requirements. Proposals provide a description of previous experience on projects of similar
complexity for the key home office and satellite office employees assigned to this contract.
Provide project descriptions (include names and resumes), responsibilities, and authority for key
field employees (including, but not limited to, all managers, superintendents, safety officers, and
quality control managers that may be utilized on this project). Provide the minimum
qualifications for each type of subcontractor shown on the organization chart. The personnel
assigned in the proposal must be utilized on the project. Substitution of any proposed personnel
will require prior approval of the Contracting Officer after contract award.
Subfactor 2 Scheduling Methodology: This subfactor evaluates the offeror’s Scheduling
Methodology. The proposal should demonstrate Scheduling Methodology to determine if there
are scheduling processes in place that ensure completion and control of the project from
beginning to the end. The Evaluation shall focus on the offeror’s discussion of scheduling
capabilities. Include such things as programs and staff to do scheduling. Also, discuss how
scheduling of multiple concurrent Task Orders would be accomplished.
Subfactor 3 Work Plan: This subfactor evaluates the offeror’s Work Plan. The Government
will evaluate the offerer’s proposed work plan for the “88th RSC, USARC BUILDING, KINGSBURY, IN;
REPLACE DDC SYSTEM AND CHILLER” Task Order to determine understanding of and compliance
with Government’s requirements. The evaluations will include a focus on a logical work plan
from the contractor, evidence of planning, and a thorough understanding of the work scope. The
following are the Subfactor 3 elements on which the offeror’s proposal will be evaluated. All
elements are of equal importance
•
•
DETAILED WORK PLAN WITH BAR CHART
SAFETY PLAN
a. Detailed Work Plan and Bar Chart for Entire Work Period:
The Government will evaluate the description of the plan and how the contractor &
subcontractors intend to accomplish the work. This plan should include detailed work sequence
and reasoning for activities performed in this time frame; allow for completion of required work
in allotted time frame (including options, assuming all options are awarded on the last possible
day for option award); shop drawing preparation and material approval, procurement and
delivery system; identification of critical long lead time materials; utilization of labor, equipment
use, and service; a description of the Quality Control activities necessary to ensure specified
quality and inclusion of those activities in the schedule; staging, parking, and mobilization plan;
W912EK-14-R-0015
Page 7 of 169
description also includes a list of major subcontractors with required coordination and overall job
site management.
In regards to the bar chart, the Government will look for details to include the following items.
Activities labeled, interdependence including F-S and S-S, start, critical path, durations, ES and
EF, LS and LF, float, dummies, and milestones. All detail activities are shown for shop
drawings, mobilization, and demolition. The logic demonstrates major activities placed in logical
sequence, minimum number of critical path activities. The durations are set so all activities have
assigned durations, major activities have reasonable durations and conform to resources, detail
activities have reasonable durations. The resource loading shows major activities supported with
manpower and equipment.
b. Safety Plan:
The Government will evaluate the safety plan of each Offeror. The plan should provide the
detailed description of the organizational safety program for each Offeror. Additionally should
include the detailed safety plan for projects of similar type and complexity indicating compliance
with OSHA and EM 385-1-1. Plan should indicate key safety personnel including experience,
education, and training. Also should include safety record for past years indicating all lost time
accidents and list safety awards and acknowledgments.
The Technical Approach Factor Ratings, excerpted below focus on the strengths, deficiencies,
weaknesses, risks and uncertainties of the offeror's proposal. The adjectival rating depicts how
well the offeror’s proposal meets the Technical Approach subfactor requirements. Subfactor
ratings shall not be rolled up into an overall rating for Factor 1 Technical Approach.
Rating
Description
Outstanding
Proposal meets requirements and indicates an exceptional approach and
understanding of the requirements. Strengths far outweigh any weaknesses. Risk of
unsuccessful performance is very low.
Good
Proposal meets requirements and indicates a thorough approach and understanding
of the requirements. Proposal contains strengths which outweigh any weaknesses.
Risk of unsuccessful performance is low.
Acceptable
Proposal meets requirements and indicates an adequate approach and
understanding of the requirements. Strengths and weaknesses are offsetting or will
have little or no impact on contract performance. Risk of unsuccessful performance
is no worse than moderate.
W912EK-14-R-0015
Page 8 of 169
Marginal
Unacceptable
Proposal does not clearly meet requirements and has not demonstrated an adequate
approach and understanding of the requirements. The proposal has one or more
weaknesses which are not offset by strengths. Risk of unsuccessful performance is
high.
Proposal does not meet requirements and contains one or
more deficiencies. Proposal is unawardable.
3. Factor 2 Past Performance:
The Government will evaluate the offeror’s record of past and current performance to ascertain
the probability of successfully performing the required efforts of the Scope of Work.
SUBMIT A SEPARATE SHEET FOR EACH REFERENCE. IT IS THE OFFEROR’S
RESPONSIBILITY TO ENSURE POINTS OF CONTACT CAN BE CONTACTED BY
THE GOVERNMENT’S EVALUATORS AND THAT THEY WILL COOPERATE.
Section 1: Past Performance Questionnaire
The offeror shall submit up to five NAVFAC/USACE Past Performance Questionnaire (PPQ)
Forms which shall identify if the contract is active or complete, the contract was for the
government (Federal, state, local, etc) or commercial, if the contractor was the prime, a teaming
partner, and/or joint venture. Include rationale supporting the assertion of relevance. Clearly
link the past performance information to the Technical Approach factor/sub-factors/elements
stated in the solicitation. Additionally, as applicable, offerors are to include a discussion of
efforts to resolve problems encountered as well as efforts to identify and manage project risk.
Where problems existed, clearly demonstrate management actions employed in overcoming these
problems and the effects of those actions, in terms of improvements achieved or problems
rectified. Contracts shall be at least 6 months old to be considered. Contracts with expiration
dates prior to 10 years ago shall not be considered.
In addition to the above, the Government may review any other sources of information for
evaluating past performance. Other sources may include, but are not limited to, past performance
information retrieved through the Past Performance Information Retrieval System (PPIRS),
including Contractor Performance Assessment Reporting System (CPARS), using all
CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or
parent company/subsidiary/affiliate) identified in the offeror’s proposal, inquiries of owner
representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS),
Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by
the offeror. While the Government may elect to consider data from other sources, the burden of
providing detailed, current, accurate and complete past performance information rests with the
Offeror.
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Section 2: Organization Structure Change History:
Many companies have acquired, been acquired by, or otherwise merged with other companies,
and/or reorganized their divisions, business groups, subsidiary companies, etc. In many cases,
these changes have taken place during the time of performance of relevant past efforts or between
conclusion of recent past efforts and this source selection. As a result, it is sometimes difficult to
determine what past performance is relevant to this acquisition.
Section 3: Quality Awards:
Provide quality awards that will supplement past performance. The offeror may describe any
quality awards or certifications that indicate the offeror, partner (if applicable), and
subcontractor, possesses the necessary skills to perform the services required. Such awards or
certifications may include recognition for quality on prior Government contracts or private sector
awards or certifications.
The past performance factor considers each offeror’s demonstrated recent and relevant record of
performance in supplying products and services that meet the contract requirements. There are
three aspects to the past performance evaluation: relevancy, quality assessment and performance
confidence assessment.
(i)
RELEVANCY: The first aspect of the past performance evaluation
is to assess the offeror’s past performance to determine how relevant a recent effort
accomplished by the offeror is to the effort to be acquired through the source selection.
Relevancy is not separately rated; however, the following criteria will be used to establish what is
relevant which shall include similarity of service/support, complexity, dollar value, contract type,
and degree of subcontract/teaming.
Rating
Very Relevant
Relevant
Somewhat Relevant
Not Relevant
Past Performance Relevancy Ratings
Definition
Present/past performance effort involved essentially the same scope
and magnitude of effort and complexities this solicitation requires.
Present/past performance effort involved similar scope and magnitude
of effort and complexities this solicitation requires.
Present/past performance effort involved some of the scope and
magnitude of effort and complexities this solicitation requires.
Present/past performance effort involved little or none of the scope and
magnitude of effort and complexities this solicitation requires.
(ii)
QUALITY ASSESSMENT: Assess the quality of the offeror’s past
performance on those recent efforts that were determined relevant by determining how well the
contractor performed on the contracts. Documented results from Past Performance
Questionnaires, interviews, CPARS, and other sources form the support and basis for this
assessment.
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(iii) PERFORMANCE CONFIDENCE ASSESSMENT: The final step is
for the team to arrive at a single consensus performance confidence assessment for the offeror,
selecting the most appropriate rating from the chart below. This rating considers the assessed
quality of the relevant/recent efforts gathered. Ensure the rationale for the conclusions reached
are included.
Rating
Substantial Confidence
Satisfactory Confidence
Limited Confidence
No Confidence
Unknown Confidence (Neutral)
Performance Confidence Assessments
Definition
Based on the offeror’s recent/relevant performance record, the
Government has a high expectation that the offeror will successfully
perform the required effort.
Government has a reasonable expectation that the offeror will
successfully perform the required effort.
Government has a low expectation that the offeror will successfully
perform the required effort.
Government has no expectation that the offeror will be able to
successfully perform the required effort.
No recent/relevant performance record is available or the offeror’s
performance record is so sparse that no meaningful confidence
assessment rating can be reasonably assigned.
4. Factor 3 Price: The contract will be a FFP MATOC. The Government will evaluate price
reasonableness for the fixed priced effort of the “88th RSC, USARC BUILDING, KINGSBURY, IN;
REPLACE DDC SYSTEM AND CHILLER” Task Order in the solicitation. Should the Government
determine proposed prices are unrealistically low (an indication of “buy-in”), this will be
considered a performance risk.
FFP Requirements
a. The offeror shall ensure that the information submitted in this volume is consistent
with and fully supports the amounts set forth in the SF1442 Schedule of Prices.
b. Price will be evaluated for reasonableness. Prices will be compared to the
government estimate.
c. In accordance with FAR 15.304(e), all evaluation factors other than cost or price,
when combined, are significantly more important than cost or price (10 U.S.C.
2305(a)(3)(A)(iii) and 41 U.S.C. 253a(c)(1)(C)). However, the Government will not
make an award to significantly higher overall price to achieve slightly superior
technical features.
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d. The Government may reject any proposal that is evaluated and determined to be
unrealistic in terms of project commitments, including contract terms and conditions,
or unrealistically high or low in price when compared to Government estimates, such
that the proposal is deemed to reflect an inherent lack of competence or failure to
comprehend the complexity and risks of the project.
INSTRUCTIONS TO OFFERORS
D. PROPOSAL SUBMISSION
1. Introduction. The offeror’s proposal shall be submitted in hard copy, with
accompanying digital copies, as set forth below. The RFP shall provide the Government address
and receipt date for proposal submittal.
The offeror’s proposal shall consist of four (4) volumes. The Volumes are I – Technical
Approach, II – Past Performance, III – Price and IV – Solicitation, Offer and Award Documents
and Certifications/Representations/Bonds/ JV or LLC info. Files shall not contain classified
data. The use of hyperlinks in proposals is prohibited.
Offerors are cautioned that “parroting” of the Technical requirements or Scope of Work
with a statement of intent to perform does not reflect an understanding of the requirement or
capability to perform. Offerors are responsible for including sufficient details to permit a
complete and accurate evaluation of each proposal. Proprietary information shall be clearly
marked.
2. PROPOSAL SUBMISSION REQUIREMENTS
a.
Each volume shall be submitted in a separate three-ring binder. Each binder shall be
clearly labeled with its Title.
b. Printing should be single spaced. Each paragraph shall be separated by at least one
blank line. A standard, 12-point minimum font size applies. Arial or New Times
Roman fonts are required. Tables and illustrations may use a reduced font size no
less than 8-point and may be landscape.
c. The following volumes of material shall be submitted:
VOLUME TITLE
I – Technical Approach
II –Price
III – Past Performance
IV – Solicitation, Offer and Award
Documents and Certification/
PRINTED
COPIES
Original
Original
Original
DIGITAL MAXIMUM
COPIES
PAGES
1
150
1
50
1
75
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Representations
Original
1
N/A
NOTE: Pages that exceed the required page limitations will not be evaluated. Additional
pages over the maximum allowed will be removed or not read and will not be evaluated by the
Government.
3. PROPOSAL FILES
a. Format. The submission shall be clearly indexed and logically assembled. Each
volume shall be clearly identified and shall begin at the top of a page. All pages of each volume
shall be appropriately numbered and identified by the complete company name, date and RFP
number in the header and/or footer. A Table of Contents should be created using the Table of
Content feature in MS Word. MS Word (doc) files shall use the following page setup
parameters:
Margins – Top, Bottom, Left, Right – 1”
Gutter – 0”
From Edge – Header, Footer 0.5”
Page Size, Width – 8.5”
Page Size, Height – 11”
NOTE: 11X17 folded pages are acceptable for tables/graphic representations; however,
each 11X17 page counts as two pages.
The following additional restrictions apply:
b. File Packaging. All of the proposal files shall be compressed (zipped) into one file
entitled proposal zip using WinZip version 6.2 or later, or as separate uploads in their native
format, i.e. doc, xls, ppt, etc., and provided on CDs or DVDs. Zip disks are not permitted. Files
shall be in read-only format, using PDF files. Each disc shall be externally labeled with the
volume number, date, and the offeror’s name. **Please note – Self extracting exe files are not
acceptable. ** If the hard-copy proposal differs from the electronic version, the hard copy will
govern.
c. Content Requirement. All information shall be confined to the appropriate file. The
offeror shall confine submissions to essential matters, sufficient to define the proposal in a
concise manner, to permit a complete and accurate evaluation of each proposal. Each file of the
proposal shall consist of a Table of Contents, Summary Section, and the Narrative discussion.
The Summary Section shall contain a brief abstract of the file. Proprietary information shall be
clearly marked. The following shall be included in the Narrative discussion:
(i) VOLUME I – Technical Approach. The volume shall be organized into the following
sections:
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(1) Section 1 – Subfactor 1 Management Capability and Experience. This
subfactor evaluates the offeror’s MANAGEMENT CAPABILITY AND EXPERIENCE. The
contractor will provide information that substantiates:
•
PRIME CONTRACTOR EXPERIENCE
•
KEY PERSONNEL EXPERIENCE
(2) Section 2 – Subfactor 2 Scheduling Methodology. This subfactor evaluates the
offeror’s SCHEDULING METHODOLOGY. The proposal should demonstrate Scheduling
Methodology to determine if there are scheduling processes in place that ensure completion and
control of the project from beginning to the end. The Evaluation shall focus on the offeror’s
discussion of scheduling capabilities. Include such things as programs and staff to do
scheduling. Also, discuss how scheduling of multiple concurrent Task Orders would be
accomplished.
(3) Section 3 – Subfactor 3 Work Plan. This subfactor evaluates the offeror’s
WORK PLAN. The contractor will provide information that substantiates:
•
DETAILED WORK PLAN WITH BAR CHART
•
SAFETY PLAN
(ii) VOLUME II – Past Performance.
This volume shall contain past performance information regarding similar
contracts. This volume shall not exceed 75 pages plus five pages for each major
subcontractor, excluding Past Performance Questionnaire Forms.
Content of Past Performance Volume
The offeror’s Past Performance Volume shall contain the following:
• Table of Contents
• Summary Page
• Past Performance Information Collection Sheets (PPQ)
• Organization Structure Change History (Only if changes have occurred)
• Quality Awards
Table of Contents
The Table of Contents shall list all documents contained in the Past Performance
Volume.
Summary Page
The Summary Page shall describe the role of the offeror and each subcontractor,
teaming partner, and / or joint venture partner that the offeror is required to
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provide Past Performance Information Collection Sheets on in accordance with
the paragraph below.
Past Performance Information Collection Sheets (PPQ)
SUBMIT A SEPARATE SHEET FOR EACH REFERENCE. IT IS THE
OFFEROR’S RESPONSIBILITY TO ENSURE POINTS OF CONTACT CAN
BE CONTACTED BY THE GOVERNMENT’S EVALUATORS AND THAT
THEY WILL COOPERATE.
Section 1. NAVFAC/USACE Past Performance Questionnaire (PPQ)
Submit no more than 5 PPQ’s using the Past Performance Questionnaire (PPQ)
included in the solicitation. The PPQ is provided for the offeror or its team
members to submit to the client for each project the offeror includes in its
proposal for Factor 2 Past Performance. Ensure correct phone numbers and email
addresses are provided for the client point of contact. Completed Past
Performance Questionnaires should be submitted with your proposal. If the
offeror is unable to obtain a completed PPQ from a client for a project(s) before
proposal closing date, the offeror should complete and submit with the proposal
the first page of the PPQ (Appendix D), which will provide contract and client
information for the respective project(s). Offerors should follow-up with
clients/references to ensure timely submittal of questionnaires. If the client
requests, questionnaires may be submitted directly to the Government’s point of
contact, Scott D Harris via email at [email protected] prior to
proposal closing date. Offerors shall not incorporate by reference into their
proposal PPQs previously submitted for other RFPs. However, this does not
preclude the Government from utilizing previously submitted PPQ information in
the past performance evaluation.
Section 2: Organization Structure Change History:
To facilitate this relevance determination, include in this proposal volume a
"roadmap" describing all such changes in the organization of the company. As
part of this explanation, show how these changes impact the relevance of any
efforts identified for past performance evaluation. Since the Government intends
to consider past performance information provided by other sources as well as
that provided by the offeror(s), the "roadmap" should be both specifically
applicable to the efforts identified and general enough to apply to efforts on which
the Government receives information from other sources.
Section 3: Quality Awards:
Provide awards or certifications include, for example, the Malcolm Baldridge
Quality Award, other government quality awards, and private sector awards or
certifications. Identify what segment of the company (one division or the entire
company) received the award or certification. Describe when the award or
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certification was bestowed. If the award or certification is over three years old,
provide evidence that the qualifications still apply.
(iii) VOLUME III – Price. This volume shall consist of all information, required to
support proposed prices.
Section 1. Price Schedule
Located in section 00100 of request for proposal – must be completed and
returned.
(iv) VOLUME V – SOLICITATIONS, OFFER AND AWARD DOCUMENTS AND
CERTIFICATIONS/REPRESENTATIONS
Certifications and Representations – Each offeror shall complete (fill-in and
signatures) the solicitation sections indicated below using the file (without
modification to the file) provided with the RFP. An authorized official of the firm
shall sign the SF 44 and all certifications requiring original signature. An Acrobat
PDF file shall be created to capture the signatures for submission.
Section A – Standard Form 33 (SF 33), Solicitation, Offer and Award
Section G – Contract Administration Data
Section K – Representations, Certification and Other Statements of
Offerors
Solicitations, Offer and Award Documents and Certifications/Representations
shall not be addressed separately from that submitted in VOLUME V –
SOLICITATIONS, OFFER AND AWARD DOCUMENTS AND
CERTIFICATIONS /REPRESENTATIONS
E. DISCUSSIONS
1. GENERAL INFORMATION.
In accordance with FAR 15.306(d), discussion
sessions with each offeror may be held. Should discussions take place, all offerors in the
competitive range will be allowed a minimum of 7 calendar days to submit Final Proposal
Revisions.
2. DISCUSSION SCHEDULING. If discussions are conducted, the Contracting Officer
will schedule the discussion sessions, and each offeror will be notified of the time and place at
least three (3) business days prior to their discussion session. Appropriate security clearances
should be provided by the offerors in sufficient time to process the requests. The Contracting
Officer will provide additional instructions with the notification. The discussion sessions will
take place by the method of the Government’s choosing and provided to the contractor in writing.
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Section 00100 - Bidding Schedule/Instructions to Bidders
CLAUSES INCORPORATED BY REFERENCE
52.216-27
Single or Multiple Awards
OCT 1995
CLAUSES INCORPORATED BY FULL TEXT
52.214-34
SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)
Offers submitted in response to this solicitation shall be in the English language. Offers received in other than
English shall be rejected.
(End of provision)
52.214-35
SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)
Offers submitted in response to this solicitation shall be in terms of U.S. dollars. Offers received in other than U.S.
dollars shall be rejected.
(End of provision)
52.215-1
INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004)
(a) Definitions. As used in this provision-“Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting
Officer's discretion, result in the offeror being allowed to revise its proposal.
“In writing or written” means any worded or numbered expression which can be read, reproduced, and later
communicated, and includes electronically transmitted and stored information.
“Proposal modification” is a change made to a proposal before the solicitation's closing date and time, or made in
response to an amendment, or made to correct a mistake at any time before award.
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“Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed
by a Contracting Officer as the result of negotiations.
“Time”, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include
Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then
the period shall include the next working day.
(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain
unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified
in the amendment(s).
(c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic
commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted
in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii)
showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror.
Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the
information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.
(2) The first page of the proposal must show-(i) The solicitation number;
(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);
(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the
solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each
item;
(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized
to negotiate on the offeror's behalf with the Government in connection with this solicitation; and
(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be
accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing
office.
(3) Submission, modification, or revision, of proposals.
(i) Offerors are responsible for submitting proposals, and any modifications, or revisions, so as to reach the
Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the
solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that
proposal or revision is due.
(ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after
the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is
made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the
initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date
specified for receipt of proposals; or
(2) There is acceptable evidence to establish that it was received at the Government installation designated for
receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(3) It is the only proposal received.
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(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the
Government, will be considered at any time it is received and may be accepted.
(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp
of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or
oral testimony or statements of Government personnel.
(iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be
received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent
Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be
deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal
Government processes resume.
(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to
oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be
withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at
52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative,
if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal
before award.
(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of
items.
(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the
solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is
included in the solicitation.
(6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time,
and may submit modifications in response to an amendment, or to correct a mistake at any time before award.
(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.
(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the
Contracting Officer.
(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on
the solicitation cover sheet (unless a different period is proposed by the offeror).
(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want
disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall-(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the
Government and shall not be duplicated, used, or disclosed--in whole or in part--for any purpose other than to
evaluate this proposal. If, however, a contract is awarded to this offeror as a result of--or in connection with-- the
submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent
provided in the resulting contract. This restriction does not limit the Government's right to use information contained
in this data if it is obtained from another source without restriction. The data subject to this restriction are contained
in sheets [insert numbers or other identification of sheets]; and
(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this
sheet is subject to the restriction on the title page of this proposal.
(f) Contract award. (1) The Government intends to award a contract or contracts resulting from this solicitation to the
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responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and
subfactors in the solicitation.
(2) The Government may reject any or all proposals if such action is in the Government's interest.
(3) The Government may waive informalities and minor irregularities in proposals received.
(4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except
clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's
best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if
the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number
of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition
can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest
number that will permit an efficient competition among the most highly rated proposals.
(5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at
the unit cost or prices offered, unless the offeror specifies otherwise in the
proposal.
(6) The Government reserves the right to make multiple awards if, after considering the additional administrative
costs, it is in the Government's best interest to do so.
(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the
Government.
(8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced
between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the
price of one or more contract line items is significantly overstated or understated as indicated by the application of
cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of
balance poses an unacceptable risk to the Government.
(9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in
evaluating performance or schedule risk.
(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the
time specified in the proposal shall result in a binding contract without further action by either party.
(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following
information, if applicable:
(i) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past
performance information on the debriefed offeror.
(iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(iv) A summary of the rationale for award.
(v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection
procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the
agency.
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(End of provision)
52.216-1
TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.
(End of provision)
52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY
2014)
(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the
work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements,of
this solicitation.
(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror
shall request a determination from the Contracting Officer.
(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not
applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting
Officer.
(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination
for a secondary site of the work.
(End of provision)
52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)
(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance
Requirements for Construction clause of this solicitation.
(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate
workforce in each trade on all construction work in the covered area, are as follows:
Goals for minority
participation for each trade
Goals for female
participation for each trade
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Specifed Per Task Order
Specified Per Task Order
These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor
performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the
goals established for the geographical area where the work is actually performed. Goals are published periodically in
the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract
Compliance Programs office.
(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall
be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations
required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to
meet the goals. The hours of minority and female employment and training must be substantially uniform throughout
the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and
women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to
Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of
the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals
will be measured against the total work hours performed.
(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract
Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in
excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The
notification shall list the -(1) Name, address, and telephone number of the subcontractor;
(2) Employer's identification number of the subcontractor;
(3) Estimated dollar amount of the subcontract;
(4) Estimated starting and completion dates of the subcontract; and
(5) Geographical area in which the subcontract is to be performed.
(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Locations in the
States of Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and Wisconsin
(End of provision)
52.225-12
NOTICE OF BUY AMERICAN REQUIREMENT-- CONSTRUCTION MATERIALS UNDER
TRADE AGREEMENTS (MAY 2014)
(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country
construction material,” “domestic construction material,” and “foreign construction material,” as used in this
provision, are defined in the clause of this solicitation entitled “Buy American -- Construction Materials Under Trade
Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).
(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability
of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination
before submission of offers. The offeror shall include the information and applicable supporting data required by
paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination
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regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response
to a previous request, the offeror shall include the information and supporting data in the offer.
(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the
Buy American statute, based on claimed unreasonable cost of domestic construction materials, by adding to the
offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph
(b)(4)(i) of FAR clause 52.225-11.
(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material
based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the
offeror that did not request an exception based on unreasonable cost.
(d) Alternate offers. (1) When an offer includes foreign construction material, other than designated country
construction material, that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause
52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country
construction material.
(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer,
and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11
for the offer that is based on the use of any foreign construction material for which the Government has not yet
determined an exception applies.
(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR
clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent
domestic or designated country construction material, and the offeror shall be required to furnish such domestic or
designated country construction material. An offer based on use of the foreign construction material for which an
exception was requested-- (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or
(ii) May be accepted if revised during negotiations.
(End of provision)
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. (DEC 2012)
(a) Definitions. As used in this provision-Person-(1) Means-(i) A natural person;
(ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter,
guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any
governmental entity operating as a business enterprise; and
(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and
(2) Does not include a government or governmental entity that is not operating as a business enterprise.
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Sensitive technology-(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used
specifically-(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the
authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act
(50 U.S.C. 1702(b)(3)).
(b) The offeror shall email questions concerning sensitive technology to the Department of State at
[email protected].
(c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with 25.7034, by submission of its offer, the offeror—
(1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to
the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction
of, the government of Iran;
(2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for
which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the
areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and
provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain
weapons or technologies; and
(3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any
transaction that exceeds $3,000 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the
property and interests in property of which are blocked pursuant to the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List
at http://www.treasury.gov/ofac/downloads/t11sdn.pdf).
(d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification
requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if—
(1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225-12, 52.22524, or comparable agency provision); and
(2) The offeror has certified that all the offered products to be supplied are designated country end products or
designated country construction material.
(End of provision)
52.233-2
SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an
agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served
on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from
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District Contracting Chief
U.S. Army Corps of Engineers
1500 Rock Island Drive
Rock Island, IL 61201
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the
GAO.
(End of provision)
52.236-27
SITE VISIT (CONSTRUCTION) (FEB 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting
the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters
are urged and expected to inspect the site where the work will be performed.
(b) Site visits may be arranged during normal duty hours by contacting:
As specificied per individual Task Order.
(End of provision)
52.236-28
PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)
(a) Proposals must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2)
manually signed. The person signing a proposal must initial each erasure or change
appearing on any proposal form.
(b) The proposal form may require offerors to submit proposed prices for one or more items on various bases,
including-(1) Lump sum price;
(2) Alternate prices;
(3) Units of construction; or
(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.
(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in the proposal being
rejected without further consideration. If a proposal on all items is not required, offerors should insert the words “no
proposal” in the space provided for any item on which no price is submitted.
(d) Alternate proposals will not be considered unless this solicitation authorizes their submission.
(End of provision)
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252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV
2011)
(a) Definition. Covered DoD official is defined in the clause at 252.203-7000, Requirements Relating to
Compensation of Former DoD Officials.
(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD
officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake
activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment
restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal
Acquisition Regulation 3.104-2.
(End of provision)
252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (FEB 2014)
(a) Definitions. As used in this provision-``System for Award Management (SAM) database'' means the primary Government repository for contractor
information required for the conduct of business with the Government.
``Commercial and Government Entity (CAGE) code'' means—
(1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government
entity; or
(2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the
CAGE master file. This type of code is known as an ``NCAGE code.''
``Data Universal Numbering System (DUNS) number'' means the 9-digit number assigned by Dun and Bradstreet,
Inc. (D&B) to identify unique business entities.
``Data Universal Numbering System +4 (DUNS+4) number'' means the DUNS number assigned by D&B plus a 4character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish
additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR 32.11) for
the same parent concern.
``Registered in the System for Award Management (SAM) database'' means that—
(1) The contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, and
Contractor and Government Entity (CAGE) code into the SAM database;
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(2) The contractor has completed the Core Data, Assertions, Representations and Certifications, and Points of
Contact sections of the registration in the SAM database;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification
Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required
to provide consent for TIN validation to the Government as part of the SAM registration process; and
(4) The Government has marked the record `Àctive.''
(End of clause)
252.205-7000
PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991)
(a) Definition.
"Cooperative agreement holder" means a State or local government; a private, nonprofit organization; a tribal
organization (as defined in section 4(c) of the Indian Self-Determination and Education Assistance Act (Pub. L. 93268; 25 U.S.C. 450 (c))); or an economic enterprise (as defined in section 3(e) of the Indian Financing Act of 1974
(Pub. L. 93-362; 25 U.S.C. 1452(e))) whether such economic enterprise is organized for profit or nonprofit purposes;
which has an agreement with the Defense Logistics Agency to furnish procurement technical assistance to business
entities.
(b) The Contractor shall provide cooperative agreement holders, upon their request, with a list of those appropriate
employees or offices responsible for entering into subcontracts under defense contracts. The list shall include the
business address, telephone number, and area of responsibility of each employee or office.
(c) The Contractor need not provide the listing to a particular cooperative agreement holder more frequently than
once a year.
(End of clause)
252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST
COUNTRY (JAN 2009)
(a) "Definitions."
As used in this provision -(a) "Government of a terrorist country" includes the state and the government of a terrorist country, as well as any
political subdivision, agency, or instrumentality thereof.
(2) "Terrorist country" means a country determined by the Secretary of State, under section 6(j)(1)(A) of the Export
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Administration Act of 1979 (50 U.S.C. App. 2405(j)(i)(A)), to be a country the government of which has repeatedly
provided support for such acts of international terrorism. As of the date of this provision, terrorist countries subject
to this provision include: Cuba, Iran, Sudan, and Syria.
(3) "Significant interest" means -(i) Ownership of or beneficial interest in 5 percent or more of the firm's or subsidiary's securities. Beneficial interest
includes holding 5 percent or more of any class of the firm's securities in "nominee shares," "street names," or some
other method of holding securities that does not disclose the beneficial owner;
(ii) Holding a management position in the firm, such as a director or officer;
(iii) Ability to control or influence the election, appointment, or tenure of directors or officers in the firm;
(iv) Ownership of 10 percent or more of the assets of a firm such as equipment, buildings, real estate, or other
tangible assets of the firm; or
(v) Holding 50 percent or more of the indebtness of a firm.
(b) "Prohibition on award."
In accordance with 10 U.S.C. 2327, no contract may be awarded to a firm or a subsidiary of a firm if the government
of a terrorist country has a significant interest in the firm or subsidiary or, in the case of a subsidiary, the firm that
owns the subsidiary, unless a waiver is granted by the Secretary of Defense.
(c) "Disclosure."
If the government of a terrorist country has a significant interest in the Offeror or a subsidiary of the Offeror, the
Offeror shall disclosure such interest in an attachment to its offer. If the Offeror is a subsidiary, it shall also disclose
any significant interest the government of a terrorist country has in any firm that owns or controls the subsidiary.
The disclosure shall include -(1) Identification of each government holding a significant interest; and
(2) A description of the significant interest held by each government.
(End of provision)
252.225-7031
SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005)
(a) Definitions. As used in this provision-(1) Foreign person means any person (including any individual, partnership, corporation, or other form of
association) other than a United States person.
(2) United States means the 50 States, the District of Columbia, outlying areas, and the outer Continental Shelf as
defined in 43 U.S.C. 1331.
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(3) United States person is defined in 50 U.S.C. App. 2415(2) and means-(i) Any United States resident or national (other than an individual resident outside the United States who is
employed by other than a United States person);
(ii) Any domestic concern (including any permanent domestic establishment of any foreign concern); and
(iii) Any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern that
is controlled in fact by such domestic concern.
(b) Certification. If the offeror is a foreign person, the offeror certifies, by submission of an offer, that it-(1) Does not comply with the Secondary Arab Boycott of Israel; and
(2) Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by Arab
countries, which 50 U.S.C. App. 2407(a) prohibits a United States person from taking.
(End of provision)
MVR.01
SPECIAL NOTICE TO CONTRACTORS
PLEASE BE ADVISED, THE CLOCK TOWER BUILDING IS LOCATED ON ROCK ISLAND ARSENAL
WHICH IS A SECURE U.S. ARMY INSTALLATION. ACCESS TO THE INSTALLATION CANNOT
BE GUARANTEED.
_Offerors are cautioned that due to the heightened security measures being
taken on Rock Island Arsenal, access for proposal/bid/quote delivery will take
significantly more time. Despite this, offerors are responsible for ensuring
that their proposals/bids/quotes arrive prior to the scheduled closing time.
_Visitor Requirements: Enter through Moline Illinois Gate, have valid motor
vehicle operator’s license, valid photo identification, vehicle registration,
proof of liability insurance, and a POC (Rock Island District POC for those
delivering proposals/bids/quotes is: Contracting Division – telephone 309/7945613 or 309/794-5628)
_Vehicles are subject to search. Foreign nationals must be approved at least
two weeks in advance by Rock Island Arsenal Security. Clarification or
additional information regarding access to Rock
Island Arsenal should be addressed to Rock Island Arsenal Security – telephone
309/782-6116.
_Hand carried bids, proposals or quotes should be delivered through the main
door (south side) of the Clock Tower Building and checked with the Corporate
Communications Office who will contact the Contracting Division for pick up.
_Bids, proposals or quotes should be addressed to:
Rock Island District Corps of Engineers
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Attn: Contracting Division (reference solicitation #)
1500 Rock Island Dr.
MVR.02
QUESTION AND ANSWER WEBSITE
Questions must be submitted via the Army Single Face to Industry website at:
https://acquisition.army.mil/asfi/solicitation_search_form.cfm
Once a solicitation has been successfully posted to the ASFI, the ASFI provides industry with the ability to submit
questions about the solicitation. The Solicitation View page provides access to solicitation questions and answers.
Within the ‘footer’ on the Solicitation View’ page a ‘Post a New Question’ link provides access to the Question
Entry page. The industry user must provide a valid Central Contractor Registration (CCR) CAGE code to submit a
question. If an email address is provided, the user will be notified when an answer to the question is published.
The ability to submit questions is available to industry up to seven (7) days prior to the Closing (or Response) Date
established by the solicitation/amendment. If a solicitation is posted to the ASFI with a Closing Date less than seven
days away, the Question capability is not available.
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Section 00600 - Representations & Certifications
52.204-8
ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2014)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.
(2) The small business size standard is 33.5 Million.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a
construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500
employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of
this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System
for Award Management (SAM), and has completed the Representations and Certifications section of SAM
electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding
individual representations and certifications in the solicitation. The offeror shall indicate which option applies by
checking one of the following boxes:
(
) Paragraph (d) applies.
(
) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications
in the solicitation.
(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firmfixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless-(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This
provision applies to solicitations expected to exceed $150,000.
(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at
52.204-7, System for Award Management.
(iv) 52.204-5, Women-Owned Business (Other Than Small Business).This provision applies to solicitations that-(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
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(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation. This provision
applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.
(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the
contract value is expected to exceed the simplified acquisition threshold.
(vii) 52.214-14, Place of Performance – Sealed Bidding. This provision applies to invitations for bids except those
in which the place of performance is specified by the Government.
(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is
specified by the Government.
(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations
when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the
contract will be performed in the United States or its outlying areas.
(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the
clause at 52.222-26, Equal Opportunity.
(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for
construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to
solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the
contract is not for acquisition of commercial items.
(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or
specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased
Products Under Service and Construction Contracts.
(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use
of, EPA-designated items.
(xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.2251.
(xvii) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II,
and III.) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.
(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.
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(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at
52.225-5.
(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision
applies to all solicitations.
(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to
Iran--Representation and Certifications. This provision applies to all solicitations.
(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision
applies to-(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational
institutions; and
(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of
Price Evaluation Adjustment for Small Disadvantaged Business Concerns.
(2) The following certifications are applicable as indicated by the Contracting Officer:
(Contracting Officer check as appropriate.)
(i) 52.219-22, Small Disadvantaged Business Status.
(A) Basic.
(B) Alternate I.
(ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance,
Calibration, or Repair of Certain Equipment Certification.
(iv) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain
Services–Certification.
(v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated
Products (Alternate I only).
(vi) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically via the SAM website
accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by
submission of the offer that the representations and certifications currently posted electronically that apply to this
solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are
current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the
NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by
reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by
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clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer
and are current, accurate, and complete as of the date of this offer.
-----------------------------------------------------------------------FAR Clause
Title
Date
Change
----------------------------------------------------------------------------------------------------------------------------------------------------------------------Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the
representations and certifications posted on SAM.
(End of provision)
252.247-7022
REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992)
(a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether
transportation of supplies by sea is anticipated under the resultant contract. The term supplies is defined in the
Transportation of Supplies by Sea clause of this solicitation.
(b) Representation. The Offeror represents that it:
____ (1) Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract
resulting from this solicitation.
____ (2) Does not anticipate that supplies will be transported by sea in the performance of any contract or
subcontract resulting from this solicitation.
(c) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the
Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense FAR
Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea.
(End of provision)
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Section 00700 - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
52.210-1
Market Research
APR 2011
52.202-1
DEFINITIONS (NOV 2013)
When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition
Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the
solicitation was issued, unless-(a) The solicitation, or amended solicitation, provides a different definition;
(b) The contracting parties agree to a different definition;
(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning;
or
(d) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.
(End of clause)
52.203-3
GRATUITIES (APR 1984)
(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency
head or a designee determines that the Contractor, its agent, or another representative-(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government;
and
(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.
(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.
(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled-(1) To pursue the same remedies as in a breach of the contract; and
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(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10
times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency
head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the
Department of Defense.)
(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to
any other rights and remedies provided by law or under this contract.
(End of clause)
52.203-5
COVENANT AGAINST CONTINGENT FEES (APR 1984)
(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract
upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or
violation of this warranty, the Government shall have the right to annul this contract without liability or, in its
discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent
fee.
(b) "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a
contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit
or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts
through improper influence.
"Bona fide employee," as used in this clause, means a person, employed by a contractor and subject to the
contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to
exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any
Government contract or contracts through improper influence.
"Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent
upon the success that a person or concern has in securing a Government contract.
"Improper influence," as used in this clause, means any influence that induces or tends to induce a Government
employee or officer to give consideration or to act regarding a Government contract on any basis other than the
merits of the matter.
(End of clause)
52.203-6
RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)
(a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or
prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by
such subcontractors directly to the Government of any item or process (including computer software) made or
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furnished by the subcontractor under this contract or under any follow-on production contract.
(b) The prohibition in (a) of this clause does not preclude the Contractor from asserting rights that are otherwise
authorized by law or regulation.
(c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts
under this contract which exceed the simplified acquisition threshold.
52.203-7 ANTI-KICKBACK PROCEDURES. (MAY 2014)
(a) Definitions.
"Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or
compensation of any kind which is provided to any prime Contractor, prime Contractor employee, subcontractor, or
subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with
a prime contract or in connection with a subcontract relating to a prime contract.
"Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock
company, or individual.
"Prime contract," as used in this clause, means a contract or contractual action entered into by the United States for
the purpose of obtaining supplies, materials, equipment, or services of any kind.
"Prime Contractor," as used in this clause, means a person who has entered into a prime contract with the United
States.
"Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent of a prime
Contractor.
"Subcontract," as used in this clause, means a contract or contractual action entered into by a prime Contractor or
subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime
contract.
"Subcontractor," as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish
or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract
entered into in connection with such prime contract, and (2) includes any person who offers to furnish or furnishes
general supplies to the prime Contractor or a higher tier subcontractor.
"Subcontractor employee," as used in this clause, means any officer, partner, employee, or agent of a subcontractor.
(b) 41 U.S.C. chapter 87, Kickbacks, prohibits any person from-(1) Providing or attempting to provide or offering to provide any kickback;
(2) Soliciting, accepting, or attempting to accept any kickback; or
(3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor
to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier
subcontractor.
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(c)(1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible
violations described in paragraph (b) of this clause in its own operations and direct business relationships.
(2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause
may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made
to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an
inspector general, or the Attorney General.
(3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in
paragraph (b) of this clause.
(4) The Contracting Officer may (i) offset the amount of the kickback against any monies owed by the United States
under the prime contract and/or (ii) direct that the Prime Contractor withhold, from sums owed a subcontractor under
the prime contract, the amount of any kickback. The Contracting Officer may order the monies withheld under
subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those
monies under subdivision (c)(4)(i) of this clause. In either case, the Prime Contractor shall notify the Contracting
Officer when the monies are withheld.
(5) The Contractor agrees to incorporate the substance of this clause, including this subparagraph (c)(5) but
excepting subparagraph (c)(1), in all subcontracts under this contract which exceed $150,000.
52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER
ACTIVITY (MAY 2014)
(a) If the Government receives information that a contractor or a person has violated 41 U.S.C. 2102-2104,
Restrictions on Obtaining and Disclosing Certain Information, the Government may-(1) Cancel the solicitation, if the contract has not yet been awarded or issued; or
(2) Rescind the contract with respect to which-(i) The Contractor or someone acting for the Contractor has been convicted for an offense where the conduct
violates 41 U.S.C. 2102 for the purpose of either-(A) Exchanging the information covered by such subsections for anything of value; or
(B) Obtaining or giving anyone a competitive advantage in the award of a Federal agency procurement contract; or
(ii) The head of the contracting activity has determined, based upon a preponderance of the evidence, that the
Contractor or someone acting for the Contractor has engaged in conduct punishable under 41 U.S.C. 2105(a).
(b) If the Government rescinds the contract under paragraph (a) of this clause, the Government is entitled to recover,
in addition to any penalty prescribed by law, the amount expended under the contract.
(c) The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other
rights and remedies provided by law, regulation, or under this contract.
(End of clause)
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52.203-10
PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)
(a) The Government, at its election, may reduce the price of a fixed-price type contract and the total cost and fee
under a cost-type contract by the amount of profit or fee determined as set forth in paragraph (b) of this clause if the
head of the contracting activity or designee determines that there was a violation of 41 U.S.C. 2102 or
2103, as implemented in section 3.104 of the Federal Acquisition Regulation.
(b) The price or fee reduction referred to in paragraph (a) of this clause shall be-(1) For cost-plus-fixed-fee contracts, the amount of the fee specified in the contract at the time of award;
(2) For cost-plus-incentive-fee contracts, the target fee specified in the contract at the time of award, notwithstanding
any minimum fee or "fee floor" specified in the contract;
(3) For cost-plus-award-fee contracts-(i) The base fee established in the contract at the time of contract award;
(ii) If no base fee is specified in the contract, 30 percent of the amount of each award fee otherwise payable to the
Contractor for each award fee evaluation period or at each award fee determination point.
(4) For fixed-price-incentive contracts, the Government may-(i) Reduce the contract target price and contract target profit both by an amount equal to the initial target profit
specified in the contract at the time of contract award; or
(ii) If an immediate adjustment to the contract target price and contract target profit would have a significant adverse
impact on the incentive price revision relationship under the contract, or adversely affect the contract financing
provisions, the Contracting Officer may defer such adjustment until establishment of the total final price of the
contract. The total final price established in accordance with the incentive price revision provisions of the contract
shall be reduced by an amount equal to the initial target profit specified in the contract at the time of contract award
and such reduced price shall be the total final contract price.
(5) For firm-fixed-price contracts, by 10 percent of the initial contract price or a profit amount determined by the
Contracting Officer from records or documents in existence prior to the date of the contract award.
(c) The Government may, at its election, reduce a prime contractor's price or fee in accordance with the procedures
of paragraph (b) of this clause for violations of the statute by its subcontractors by an amount not to exceed the
amount of profit or fee reflected in the subcontract at the time the subcontract was first definitively priced.
(d) In addition to the remedies in paragraphs (a) and (c) of this clause, the Government may terminate this contract
for default. The rights and remedies of the Government specified herein are not exclusive, and are in addition to any
other rights and remedies provided by law or under this contract.
(End of clause)
52.203-12
2010)
LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT
(a) Definitions. As used in this clause--
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Agency means executive agency as defined in Federal Acquisition Regulation (FAR) 2.101.
Covered Federal action means any of the following actions:
(1) Awarding any Federal contract.
(2) Making any Federal grant.
(3) Making any Federal loan.
(4) Entering into any cooperative agreement.
(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative
agreement.
Indian tribe and tribal organization have the meaning provided in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.
Influencing or attempting to influence means making, with the intent to influence, any communication to or
appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with any covered Federal action.
Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a
State for the performance of a governmental duty, including a local public authority, a special district, an intrastate
district, a council of governments, a sponsor group representative organization, and any other instrumentality of a
local government.
Officer or employee of an agency includes the following individuals who are employed by an agency:
(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a
position under a temporary appointment.
(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.
(3) A special Government employee, as defined in section 202, Title 18, United States Code.
(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee
Act, Title 5, United States Code, appendix 2.
Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local
government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian
tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative
agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are
made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.
Reasonable compensation means, with respect to a regularly employed officer or employee of any person,
compensation that is consistent with the normal compensation for such officer or employee for work that is not
furnished to, not funded by, or not furnished in cooperation with the Federal Government.
Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is
consistent with the amount normally paid for such services in the private sector.
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Recipient includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or
any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an
agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in
paragraph (b) of this clause and are permitted by other Federal law.
Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal
contract, an officer or employee who is employed by such person for at least 130 working days within 1 year
immediately preceding the date of the submission that initiates agency consideration of such person for receipt of
such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year
immediately preceding the date of the submission that initiates agency consideration of such person shall be
considered to be regularly employed as soon as he or she is employed by such person for 130 working days.
State means a State of the United States, the District of Columbia, or an outlying area of the United States, an agency
or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.
(b) Prohibition. 31 U.S.C. 1352 prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement
from using appropriated funds to pay any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with any covered Federal actions. In accordance with 31 U.S.C. 1352, the Contractor shall not use
appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the award of this contractor the extension, continuation, renewal, amendment, or modification of this
contract.
(1) The term appropriated funds does not include profit or fee from a covered Federal action.
(2) To the extent the Contractor can demonstrate that the Contractor has sufficient monies, other than Federal
appropriated funds, the Government will assume that these other monies were spent for any influencing activities that
would be unallowable if paid for with Federal appropriated funds.
(c) Exceptions. The prohibition in paragraph (b) of this clause does not apply under the following conditions:
(1) Agency and legislative liaison by Contractor employees.
(i) Payment of reasonable compensation made to an officer or employee of the Contractor if the payment is for
agency and legislative liaison activities not directly related to this contract. For purposes of this paragraph, providing
any information specifically requested by an agency or Congress is permitted at any time.
(ii) Participating with an agency in discussions that are not related to a specific solicitation for any covered Federal
action, but that concern-(A) The qualities and characteristics (including individual demonstrations) of the person's products or services,
conditions or terms of sale, and service capabilities; or
(B) The application or adaptation of the person's products or services for an agency's use.
(iii) Providing prior to formal solicitation of any covered Federal action any information not specifically requested
but necessary for an agency to make an informed decision about initiation of a covered Federal action;
(iv) Participating in technical discussions regarding the preparation of an unsolicited proposal prior to its official
submission; and
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(v) Making capability presentations prior to formal solicitation of any covered Federal action by persons seeking
awards from an agency pursuant to the provisions of the Small Business Act, as amended by Pub.L. 95-507, and
subsequent amendments.
(2) Professional and technical services. (i) A payment of reasonable compensation made to an officer or employee of
a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or
modification of a covered Federal action, if payment is for professional or technical services rendered directly in the
preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting
requirements imposed by or pursuant to law as a condition for receiving that Federal action.
(ii) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a
covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal
action if the payment is for professional or technical services rendered directly in the preparation, submission, or
negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or
pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person
requesting or receiving a covered Federal action include consultants and trade associations.
(iii) As used in paragraph (c)(2) of this clause, ``professional and technical services'' are limited to advice and
analysis directly applying any professional or technical discipline (for examples, see FAR 3.803(a)(2)(iii)).
(iv) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those
required by law or regulation and any other requirements in the actual award documents.
(3) Only those communications and services expressly authorized by paragraphs (c)(1) and (2) of this clause are
permitted.
(d) Disclosure. (1) If the Contractor did not submit OMB Standard Form LLL, Disclosure of Lobbying Activities,
with its offer, but registrants under the Lobbying Disclosure Act of 1995 have subsequently made a lobbying contact
on behalf of the Contractor with respect to this contract, the Contractor shall complete and submit OMB Standard
Form LLL to provide the name of the lobbying registrants, including the individuals performing the services.
(2) If the Contractor did submit OMB Standard Form LLL disclosure pursuant to paragraph (d) of the provision at
FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, and a
change occurs that affects Block 10 of the OMB Standard Form LLL (name and address of lobbying registrant or
individuals performing services), the Contractor shall, at the end of the calendar quarter in which the change occurs,
submit to the Contracting Officer within 30 days an updated disclosure using OMB Standard Form LLL.
(e) Penalties. (1) Any person who makes an expenditure prohibited under paragraph (b) of this clause or who fails to
file or amend the disclosure to be filed or amended by paragraph (d) of this clause shall be subject to civil penalties
as provided for by 31 U.S.C.1352. An imposition of a civil penalty does not prevent the Government from seeking
any other remedy that may be applicable.
(2) Contractors may rely without liability on the representation made by their subcontractors in the certification and
disclosure form.
(f) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be
unallowable or unreasonable. Conversely, costs made specifically unallowable by the requirements in this clause will
not be made allowable under any other provision.
(g) Subcontracts. (1) The Contractor shall obtain a declaration, including the certification and disclosure in
paragraphs (c) and (d) of the provision at FAR 52.203-11, Certification and Disclosure Regarding Payments to
Influence Certain Federal Transactions, from each person requesting or receiving a subcontract exceeding $150,000
under this contract. The Contractor or subcontractor that awards the subcontract shall retain the declaration.
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(2) A copy of each subcontractor disclosure form (but not certifications) shall be forwarded from tier to tier until
received by the prime Contractor. The prime Contractor shall, at the end of the calendar quarter in which the
disclosure form is submitted by the subcontractor, submit to the Contracting Officer within 30 days a copy of all
disclosures. Each subcontractor certification shall be retained in the subcontract file of the awarding Contractor.
(3) The Contractor shall include the substance of this clause, including this paragraph (g), in any subcontract
exceeding $150,000.
(End of clause)
52.203-13
CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010)
(a) Definitions. As used in this clause-Agent means any individual, including a director, an officer, an employee, or an independent Contractor, authorized
to act on behalf of the organization.
Full cooperation—
(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and
extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete
response to Government auditors' and investigators' request for documents and access to employees with
information;
(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product
doctrine; or
(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her
attorney client privilege or Fifth Amendment rights; and
(3) Does not restrict a Contractor from-(i) Conducting an internal investigation; or
(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.
Principal means an officer, director, owner, partner, or a person having primary management or supervisory
responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business
segment; and similar positions).
Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a
prime contract or a subcontract.
Subcontractor means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime
contractor or another subcontractor.
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United States means the 50 States, the District of Columbia, and outlying areas.
(b) Code of business ethics and conduct. (1) Within 30 days after contract award, unless the Contracting Officer
establishes a longer time period, the Contractor shall-(i) Have a written code of business ethics and conduct;
(ii) Make a copy of the code available to each employee engaged in performance of the contract.
(2) The Contractor shall-(i) Exercise due diligence to prevent and detect criminal conduct; and
(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance
with the law.
(3)(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a
copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or
any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor
of the Contractor has committed-(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in
Title 18 of the United States Code; or
(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).
(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained
pursuant to the Contractor's disclosure as confidential where the information has been marked “confidential” or
“proprietary” by the company. To the extent permitted by law and regulation, such information will not be released
by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without
prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any
department or agency within the Executive Branch if the information relates to matters within the organization's
jurisdiction.
(iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a
multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument
intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the
agency responsible for the basic contract.
(c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not
apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if
this contract is for the acquisition of a commercial item as defined at FAR 2.101. The Contractor shall establish the
following within 90 days after contract award, unless the Contracting Officer establishes a longer time period:
(1) An ongoing business ethics awareness and compliance program.
(i) This program shall include reasonable steps to communicate periodically and in a practical manner the
Contractor's standards and procedures and other aspects of the Contractor's business ethics awareness and
compliance program and internal control system, by conducting effective training programs and otherwise
disseminating information appropriate to an individual's respective roles and responsibilities.
(ii) The training conducted under this program shall be provided to the Contractor's principals and employees, and as
appropriate, the Contractor's agents and subcontractors.
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(2) An internal control system.
(i) The Contractor's internal control system shall-(A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection with
Government contracts; and
(B) Ensure corrective measures are promptly instituted and carried out.
(ii) At a minimum, the Contractor's internal control system shall provide for the following:
(A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the
business ethics awareness and compliance program and internal control system.
(B) Reasonable efforts not to include an individual as a principal, whom due diligence would have exposed as having
engaged in conduct that is in conflict with the Contractor's code of business ethics and conduct.
(C) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with
the Contractor's code of business ethics and conduct and the special requirements of Government contracting,
including-(1) Monitoring and auditing to detect criminal conduct;
(2) Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and internal
control system, especially if criminal conduct has been detected; and
(3) Periodic assessment of the risk of criminal conduct, with appropriate steps to design, implement, or modify the
business ethics awareness and compliance program and the internal control system as necessary to reduce the risk of
criminal conduct identified through this process.
(D) An internal reporting mechanism, such as a hotline, which allows for anonymity or confidentiality, by which
employees may report suspected instances of improper conduct, and instructions that encourage employees to make
such reports.
(E) Disciplinary action for improper conduct or for failing to take reasonable steps to prevent or detect improper
conduct.
(F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, in connection
with the award, performance, or closeout of any Government contract performed by the Contractor or a
subcontractor thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of
the Contractor has committed a violation of Federal criminal law involving fraud, conflict of interest, bribery, or
gratuity violations found in Title 18 U.S.C. or a violation of the civil False Claims Act (31 U.S.C. 3729-3733).
(1) If a violation relates to more than one Government contract, the Contractor may make the disclosure to the
agency OIG and Contracting Officer responsible for the largest dollar value contract impacted by the violation.
(2) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a
multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument
intended for use by multiple agencies, the contractor shall notify the OIG of the ordering agency and the IG of the
agency responsible for the basic contract, and the respective agencies' contracting officers.
(3) The disclosure requirement for an individual contract continues until at least 3 years after final payment on the
contract.
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(4) The Government will safeguard such disclosures in accordance with paragraph (b)(3)(ii) of this clause.
(G) Full cooperation with any Government agencies responsible for audits, investigations, or corrective actions.
(d) Subcontracts.
(1) The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts that have a
value in excess of $5,000,000 and a performance period of more than 120 days.
(2) In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act
or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the
(End of clause)
52.203-14
DISPLAY OF HOTLINE POSTER(S) (DEC 2007)
(a) Definition.
United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.
(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)-(1) During contract performance in the United States, the Contractor shall prominently display in common work
areas within business segments performing work under this contract and at contract work sites-(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in
paragraph (b)(3) of this clause; and
(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.
(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees,
the Contractor shall display an electronic version of the poster(s) at the website.
(3) Any required posters may be obtained as follows:
Poster(s) Obtain from
(Contracting Officer shall insert—
(i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster);
and
(ii) The website(s) or other contact information for obtaining the poster(s).)
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(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting
mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as
required in paragraph (b) of this clause, other than any required DHS posters.
(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all
subcontracts that exceed $5,000,000, except when the subcontract-(1) Is for the acquisition of a commercial item; or
(2) Is performed entirely outside the United States.
(End of clause)
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)
(a) Definitions. As used in this clause-Postconsumer fiber means—
(1) Paper, paperboard, and fibrous materials from retail stores, office buildings, homes, and so forth,
after they have passed through their end-usage as a consumer item, including: used corrugated boxes; old
newspapers; old magazines; mixed waste paper; tabulating cards; and used cordage; or
(2) All paper, paperboard, and fibrous materials that enter and are collected from municipal solid waste; but not
(3) Fiber derived from printers' over-runs, converters' scrap, and over-issue publications.
(b) The Contractor is required to submit paper documents, such as offers, letters, or reports that are printed or copied
double-sided on paper containing at least 30 percent postconsumer fiber, whenever practicable, when not using
electronic commerce methods to submit information or data to the Government.
(End of clause)
52.204-7 SYSTEM FOR AWARD MANAGEMENT (JULY 2013)
(a) Definitions. As used in this provision-Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc.
(D&B) to identify unique business entities.
Data Universal Numbering System +4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.)
This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for
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Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at
Subpart 32.11) for the same parent concern.
Registered in the System for Award Management SAM database means that-(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the
Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability
and Transparency Act of 2006 (see Subpart 4.14) into the SAM database;
(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact
sections of the registration in the SAM database;
Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to
provide consent for TIN validation to the Government as a part of the SAM registration process; and
(4) The Government has marked the record `Àctive''.
(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be
registered in the SAM database prior to award, during performance, and through final payment of any contract, basic
agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation
“DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address
exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is
registered in the SAM database.
(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.
(1) An offeror may obtain a DUNS number-(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun
and Bradstreet at 1-866-705-5711 if located within the United States; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should
indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.
(2) The offeror should be prepared to provide the following information:
(i) Company legal business.
(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(iii) Company Physical Street Address, City, State, and Zip Code.
(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).
(v) Company Telephone Number.
(vi) Date the company was started.
(vii) Number of employees at your location.
(viii) Chief executive officer/key manager.
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(ix) Line of business (industry).
(x) Company Headquarters name and address (reporting relationship within your entity).
(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer,
the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.
(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors
who are not registered should consider applying for registration immediately upon receipt of this solicitation.
(f) Offerors may obtain information on registration at https://www.acquisition.gov.
(End of clause)
52.204-9
PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)
(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that
implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB)
guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.
(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor
employees in connection with performance under this contract. The Contractor shall return such identification to the
issuing agency at the earliest of any of the following, unless otherwise determined by the Government:
(1) When no longer needed for contract performance.
(2) Upon completion of the Contractor employee's employment.
(3) Upon contract completion or termination.
(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these
requirements.
(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the
subcontractor`s employees are required to have routine physical access to a Federally-controlled facility and/or
routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to
return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section,
unless otherwise approved in writing by the Contracting Officer.
(End of Clause)
52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS
(JULY 2013)
(a) Definitions. As used in this clause:
Executive means officers, managing partners, or any other employees in management positions.
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First-tier subcontract means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or
services (including construction) for performance of a prime contract. It
does not include the Contractor's supplier agreements with vendors, such as long-term arrangements
for materials or supplies that benefit multiple contracts and/or the costs of which are normally
applied to a Contractor's general and administrative expenses or indirect costs.
Month of award means the month in which a contract is signed by the Contracting Officer or
the month in which a first-tier subcontract is signed by the Contractor.
Total compensation means the cash and noncash dollar value earned by the executive during
the Contractor's preceding fiscal year and includes the following (for more information see 17 CFR
229.402(c)(2)):
(1) Salary and bonus.
(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized
for financial statement reporting purposes with respect to the fiscal year in accordance with the
Financial Accounting Standards Board's Accounting Standards Codification (FASB ASC) 718, Compensation-Stock
Compensation.
(3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or
medical reimbursement plans that do not discriminate in favor of executives,
and are available generally to all salaried employees.
(4) Change in pension value. This is the change in present value of defined benefit and actuarial
pension plans.
(5) Above-market earnings on deferred compensation which is not tax-qualified.
(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination
payments, value of life insurance paid on behalf of the employee, perquisites or property)
for the executive exceeds $10,000.
(b) Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282), as
amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L.
110-252), requires the Contractor to report information on subcontract awards. The law requires all reported
information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required
information will be made public.
(c) Nothing in this clause requires the disclosure of classified information.
(d)(1) Executive compensation of the prime contractor. As a part of its annual registration
requirement in the System for Award Management (SAM) database (FAR provision 52.204-7), the
Contractor shall report the names and total compensation of each of the five most highly
compensated executives for its preceding completed fiscal year, if—
(i) In the Contractor's preceding fiscal year, the Contractor received—
(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and
subgrants), cooperative agreements, and other forms of Federal financial
assistance; and
(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and
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assistance; and
(ii) The public does not have access to information about the compensation of the executives
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if
the public has access to the compensation information, see the U.S. Security and Exchange
Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.).
(2) First-tier subcontract information. Unless otherwise directed by the contracting officer, or as
provided in paragraph (g) of this clause, by the end of the month following the month of award
of a first-tier subcontract with a value of $25,000 or more, the Contractor shall report the following information at
http://www.fsrs.gov for that first-tier subcontract. (The Contractor shall
follow the instructions at http://www.fsrs.gov to report the data.)
(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor's parent
company, if the subcontractor has a parent company.
(ii) Name of the subcontractor.
(iii) Amount of the subcontract award.
(iv) Date of the subcontract award.
(v) A description of the products or services (including construction) being provided under the subcontract, including
the overall purpose and expected outcomes or results of the subcontract.
(vi) Subcontract number (the subcontract number assigned by the Contractor).
(vii) Subcontractor's physical address including street address, city, state, and country. Also
include the nine-digit zip code and congressional district.
(viii) Subcontractor's primary performance location including street address, city, state, and
country. Also include the nine-digit zip code and congressional district.
(ix) The prime contract number, and order number if applicable.
(x) Awarding agency name and code.
(xi) Funding agency name and code.
(xii) Government contracting office code.
(xiii) Treasury account symbol (TAS) as reported in FPDS.
(xiv) The applicable North American Industry Classification System code (NAICS).
(3) Executive compensation of the first-tier subcontractor.
Unless otherwise directed by the Contracting Officer, by the end of the month following the month
of award of a first-tier subcontract with a value of $25,000 or more, and annually thereafter (calculated
from the prime contract award date), the Contractor shall report the names and total compensation of each of the five
most highly compensated executives for that first-tier subcontractor for the
first-tier subcontractor's preceding completed fiscal year at http://www.fsrs.gov, if—
(i) In the subcontractor's preceding fiscal year, the subcontractor received—
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(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts),
loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial
assistance; and
(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and
assistance; and
(ii) The public does not have access to information about the compensation of the executives
through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15
U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the
public has access to the compensation information, see the U.S. Security and Exchange Commission
total compensation filings at http://www.sec.gov/answers/execomp.htm.)
(e) The Contractor shall not split or break down first-tier subcontract awards to a value less than
$25,000 to avoid the reporting requirements in paragraph (d).
(f) The Contractor is required to report information on a first-tier subcontract covered by
paragraph (d) when the subcontract is awarded. Continued reporting on the same subcontract is
not required unless one of the reported data elements changes during the performance of the
subcontract. The Contractor is not required to make further reports after the first-tier subcontract
expires.
(g)(1) If the Contractor in the previous tax year had gross income, from all sources, under
$300,000, the Contractor is exempt from the requirement to report subcontractor awards.
(2) If a subcontractor in the previous tax year had gross income from all sources under $300,000,
the Contractor does not need to report awards for that subcontractor.
(h) The FSRS database at http://www.fsrs.gov will be prepopulated with some information from
SAM and FPDS databases. If FPDS information is incorrect, the contractor should notify the
contracting officer. If the SAM database information is incorrect, the contractor is responsible for correcting this
information.
(End of clause)
52.209-6
PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (AUG 2013)
(a) Definition. Commercially available off-the-shelf (COTS) item, as used in this clause-(1) Means any item of supply (including construction material) that is-(i) A commercial item (as defined in paragraph (1) of the definition in FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in
which it is sold in the commercial marketplace; and
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(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum
products.
(b) The Government suspends or debars Contractors to protect the Government's interests. Other than a subcontract
for a commercially available off-the-shelf item, the Contractor shall not enter into any subcontract, in excess of
$30,000 with a Contractor that is debarred, suspended, or proposed for debarment by any executive agency unless
there is a compelling reason to do so.
(c) The Contractor shall require each proposed subcontractor whose subcontract will exceed $30,000, other than a
subcontractor providing a commercially available off-the-shelf item, to disclose to the Contractor, in writing,
whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred,
suspended, or proposed for debarment by the Federal Government.
(d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before
entering into a subcontract with a party (other than a subcontractor providing a commercially available off-the-shelf
item) that is debarred, suspended, or proposed for debarment (see FAR 9.404 for information
on the System for Award Management (SAM) Exclusions). The notice must include the following:
(1) The name of the subcontractor.
(2) The Contractor's knowledge of the reasons for the subcontractor being listed with an exclusion in SAM.
(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being listed with an
exclusion in SAM.
(4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's
interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, or
proposed debarment.
(e) Subcontracts. Unless this is a contract for the acquisition of commercial items, the Contractor shall include the
requirements of this clause, including this paragraph (e) (appropriately modified for the identification of the parties),
in each subcontract that-(1) Exceeds $30,000 in value; and
(2) Is not a subcontract for commercially available off-theshelf items.
(End of clause)
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)
(a) Definitions. As used in this provision-Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a
determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian
Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes
administrative proceedings at the Federal and State level but only in connection with performance of a Federal
contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection
of deliverables.
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Federal contracts and grants with total value greater than $10,000,000 means-(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinitequantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory
responsibilities within a business entity (e.g., general manager; plant manager; head of a
division or business segment; and similar positions).
(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than
$10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer,
that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is
current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the
award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal
or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty,
reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in-(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an
acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in
paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision,
whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as
required through maintaining an active registration in the System for Award Management database via
https://www.acquisition.gov (see 52.204-7).
(End of provision)
52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY
MATTERS (JULY 2013)
(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information
System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in
the System for Award Management database via https://www.acquisition.gov.
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(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information
posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS
consists of two segments-(1) The non-public segment, into which Government officials and the Contractor post information, which can only be
viewed by-(i) Government personnel and authorized users performing business on behalf of the Government; or
(ii) The Contractor, when viewing data on itself; and
(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically
transferred after a waiting period of 14 calendar days, except for-(i) Past performance reviews required by subpart 42.15;
(ii) Information that was entered prior to April 15, 2011; or
(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted
it in accordance with paragraph (c)(1) of this clause.
(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.
(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the
information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure
exemption under the Freedom of Information Act, the Government official who posted the information must within 7
calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of
Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request
removal within 7 calendar days of the posting to FAPIIS.
(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the
Government. The comments will be retained as long as the associated information is retained, i.e., for a total period
of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.
(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011,
except past performance reviews, will be publicly available.
(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of
Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.
(End of clause)
52.211-10
COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)
The Contractor shall be required to (a) commence work under this contract within SEE INDIVIDUAL TASK
ORDER REQUESTS FOR PROPOSAL AND RESULTANT TASK ORDER for the calendar days after the
date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire
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work ready for use not later than as specified per individual Task Order. The time stated for completion shall
include final cleanup of the premises.
(End of clause)
52.211-12
LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)
(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay
liquidated damages to the Government in the amount of as specified per the individual Task Order for each
calendar day of delay until the work is completed or accepted.
(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until
the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination
clause.
(End of clause)
52.211-18
VARIATION IN ESTIMATED QUANTITY (APR 1984)
If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced
item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price
shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in
costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity
variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing,
an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or
within such further period as may be granted by the Contracting Officer before the date of final settlement of the
contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and
make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.
52.211-5001 VARIATIONS IN ESTIMATED QUANTITIES, SUBDIVIDED ITEMS
(MAR 1995)
This variation in estimated quantities clause is applicable only to Items Nos. as specified per individual Task
Order.
(a) Variation from the estimated quantity in the actual work performed under any second or subsequent sub-item or
elimination of all work under such a second or subsequent sub-item will not be the basis for an adjustment in contract
unit price.
(b) Where the actual quantity of work performed for Items Nos as specified per individual Task Order is less
than 85% of the quantity of the first sub-item listed under such item, the contractor will be paid at the contract unit
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price for that sub-item for the actual quantity of work performed and, in addition, an equitable adjustment shall be
made in accordance with the clause FAR 52.211-18, Variation in Estimated Quantities.
(c) If the actual quantity of work performed under Items Nos. as specified per individual Task Order exceeds
115% or is less than 85% of the total estimated quantity of the sub-item under that item and/or if the quantity of the
work performed under the second sub-item or any subsequent sub-item under Items Nos. as specified per individual
Task Order exceeds 115% or is less than 85% of the estimated quantity of any such sub-item, and if such variation
causes an increase or a decrease in the time required for performance of this contract the contract completion time
will be adjusted in accordance with the clause FAR 52.211-18, Variation in Estimated Quantities.
(End of clause)
52.215-2
AUDIT AND RECORDS--NEGOTIATION (OCT 2010)
(a) As used in this clause, "records" includes books, documents, accounting procedures and practices, and other data,
regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any
other form.
(b) Examination of costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price
redeterminable contract, or any combination of these, the Contractor shall maintain and the Contracting Officer, or
an authorized representative of the Contracting Officer, shall have the right to examine and audit all records and
other evidence sufficient to reflect properly all costs claimed to have been incurred or anticipated to be incurred
directly or indirectly in performance of this contract. This right of examination shall include inspection at all
reasonable times of the Contractor's plants, or parts of them, engaged in performing the contract.
(c) Certified cost or pricing data. If the Contractor has been required to submit certified cost or pricing data in
connection with any pricing action relating to this contract, the Contracting Officer, or an authorized representative
of the Contracting Officer, in order to evaluate the accuracy, completeness, and currency of the certified cost or
pricing data, shall have the right to examine and audit all of the Contractor's records, including computations and
projections, related to-(1) The proposal for the contract, subcontract, or modification;
(2) The discussions conducted on the proposal(s), including those related to negotiating;
(3) Pricing of the contract, subcontract, or modification; or
(4) Performance of the contract, subcontract or modification.
(d) Comptroller General. (1) The Comptroller General of the United States, or an authorized representative, shall
have access to and the right to examine any of the Contractor’s directly pertinent records involving transactions
related to this contract or a subcontract hereunder and to interview any current employee regarding such transactions.
(2) This paragraph may not be construed to require the Contractor or subcontractor to create or maintain any record
that the Contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision
of law.
(e) Reports. If the Contractor is required to furnish cost, funding, or performance reports, the Contracting Officer or
an authorized representative of the Contracting Officer shall have the right to examine and audit the supporting
records and materials, for the purpose of evaluating (1) the effectiveness of the Contractor's policies and procedures
to produce data compatible with the objectives of these reports and (2) the data reported.
(f) Availability. The Contractor shall make available at its office at all reasonable times the records, materials, and
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other evidence described in paragraphs (a), (b), (c), (d), and (e) of this clause, for examination, audit, or
reproduction, until 3 years after final payment under this contract or for any shorter period specified in Subpart 4.7,
Contractor Records Retention, of the Federal Acquisition Regulation (FAR), or for any longer period required by
statute or by other clauses of this contract. In addition-(1) If this contract is completely or partially terminated, the Contractor shall make available the records relating to
the work terminated until 3 years after any resulting final termination settlement; and
(2) The Contractor shall make available records relating to appeals under the Disputes clause or to litigation or the
settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally
resolved.
(g) The Contractor shall insert a clause containing all the terms of this clause, including this paragraph (g), in all
subcontracts under this contract that exceed the simplified acquisition threshold, and-(1) That are cost-reimbursement, incentive, time-and-materials, labor-hour, or price-redeterminable type or any
combination of these;
(2) For which certified cost or pricing data are required; or
(3) That require the subcontractor to furnish reports as discussed in paragraph (e) of this clause.
The clause may be altered only as necessary to identify properly the contracting parties and the Contracting Officer
under the Government prime contract.
(End of clause)
52.215-11
PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA-MODIFICATIONS (AUG 2011)
(a) This clause shall become operative only for any modification to this contract involving a pricing adjustment
expected to exceed the threshold for submission of certified cost or pricing data at FAR 15.403-4, except that this
clause does not apply to any modification if an exception under FAR 15.403-1 applies.
(b) If any price, including profit or fee, negotiated in connection with any modification under this clause, or any cost
reimbursable under this contract, was increased by any significant amount because (1) the Contractor or a
subcontractor furnished certified cost or pricing data that were not complete, accurate, and current as certified in its
Certificate of Current Cost or Pricing Data, (2) a subcontractor or prospective subcontractor furnished the Contractor
certified cost or pricing data that were not complete, accurate, and current as certified in the Contractor's Certificate
of Current Cost or Pricing Data, or (3) any of these parties furnished data of any description that were not accurate,
the price or cost shall be reduced accordingly and the contract shall be modified to reflect the reduction. This right to
a price reduction is limited to that resulting from defects in data relating to modifications for which this clause
becomes operative under paragraph (a) of this clause.
(c) Any reduction in the contract price under paragraph (b) of this clause due to defective data from a prospective
subcontractor that was not subsequently awarded the subcontract shall be limited to the amount, plus applicable
overhead and profit markup, by which (1) the actual subcontract or (2) the actual cost to the Contractor, if there was
no subcontract, was less than the prospective subcontract cost estimate submitted by the Contractor; provided, that
the actual subcontract price was not itself affected by defective certified cost or pricing data.
(1) The actual subcontract; or
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(2) The actual cost to the Contractor, if there was no subcontract, was less than the prospective subcontract cost
estimate submitted by the Contractor; provided, that the actual subcontract price was not itself affected by defective
cost or pricing data.
(d)(1) If the Contracting Officer determines under paragraph (b) of this clause that a price or cost reduction should
be made, the Contractor agrees not to raise the following matters as a defense:
(i) The Contractor or subcontractor was a sole source supplier or otherwise was in a superior bargaining position and
thus the price of the contract would not have been modified even if accurate, complete, and current certified cost or
pricing data had been submitted.
(ii) The Contracting Officer should have known that the certified cost or pricing data in issue were defective even
though the Contractor or subcontractor took no affirmative action to bring the character of the data to the attention of
the Contracting Officer.
(iii) The contract was based on an agreement about the total cost of the contract and there was no agreement about
the cost of each item procured under the contract.
(iv) The Contractor or subcontractor did not submit a Certificate of Current Cost or Pricing Data.
(2)(i) Except as prohibited by subdivision (d)(2)(ii) of this clause, an offset in an amount determined appropriate by
the Contracting Officer based upon the facts shall be allowed against the amount of a contract price reduction if-(A) The Contractor certifies to the Contracting Officer that, to the best of the Contractor's knowledge and belief, the
Contractor is entitled to the offset in the amount requested; and
(B) The Contractor proves that the certified cost or pricing data were available before the “as of” date specified on
its Certificate of Current Cost or Pricing Data, and that the data were not submitted before such date.
(ii) An offset shall not be allowed if-(A) The understated data were known by the Contractor to be understated before the “as of” date specified on its
Certificate of Current Cost or Pricing Data; or
(B) The Government proves that the facts demonstrate that the contract price would not have increased in the amount
to be offset even if the available data had been submitted before the “as of” date specified on its Certificate of
Current Cost or Pricing Data.
(e) If any reduction in the contract price under this clause reduces the price of items for which payment was made
prior to the date of the modification reflecting the price reduction, the Contractor shall be liable to and shall pay the
United States at the time such overpayment is repaid-(1) Interest compounded daily, as required by 26 U.S.C. 6622, on the amount of such overpayment to be computed
from the date(s) of overpayment to the Contractor to the date the Government is repaid by the Contractor at the
applicable underpayment rate effective for each quarter prescribed by the Secretary of the Treasury under 26
U.S.C. 6621(a)(2); and
(2) A penalty equal to the amount of the overpayment, if the Contractor or subcontractor knowingly submitted
certified cost or pricing data that were incomplete, inaccurate, or noncurrent.
(End of clause)
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52.215-13
SUBCONTRACTOR CERTIFIED COST OR PRICING DATA--MODIFICATIONS (OCT 2010)
(a) The requirements of paragraphs (b) and (c) of this clause shall-(1) Become operative only for any modification to this contract involving a pricing adjustment expected to exceed
the threshold for submission of certified cost or pricing data at FAR 15.403-4; and
(2) Be limited to such modifications.
(b) Before awarding any subcontract expected to exceed the threshold for submission of certified cost or pricing data
at FAR 15.403-4, on the date of agreement on price or the date of award, whichever is later; or before pricing any
subcontract modification involving a pricing adjustment expected to exceed the threshold for submission of certified
cost or pricing data at FAR 15.403-4, the Contractor shall require the subcontractor to submit certified cost or
pricing data (actually or by specific identification in writing), in accordance with FAR 15.408, Table 15-2 (to include
any
information reasonably required to explain the subcontractor's estimating process such as the judgmental factors
applied and the mathematical or other methods used in the estimate, including those used in projecting from known
data, and the nature and amount of any contingencies included in the price), unless an exception under FAR 15.403-1
applies.
(c) The Contractor shall require the subcontractor to certify in substantially the form prescribed in FAR 15.406-2
that, to the best of its knowledge and belief, the data submitted under paragraph (b) of this clause were accurate,
complete, and current as of the date of agreement on the negotiated price of the subcontract or subcontract
modification.
(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in each subcontract that
exceeds the threshold for submission of certified cost or pricing data at FAR 15.403-4 on the date of agreement on
price or the date of award, whichever is later.
(End of clause)
52.215-21
REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA OR INFORMATION OTHER
THAN CERTIFIED COST OR PRICING DATA--MODIFICATIONS (OCT 2010)
(a) Exceptions from certified cost or pricing data.
(1) In lieu of submitting certified cost or pricing data for modifications under this contract, for price adjustments
expected to exceed the threshold set forth at FAR 15.403-4 on the date of the agreement on price or the date of the
award, whichever is later, the Contractor may submit a written request for exception by submitting the information
described in the following subparagraphs. The Contracting Officer may require additional supporting information,
but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair
and reasonable-(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by
periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document,
unless it was previously submitted to the contracting office.
(ii) Information on modifications of contracts or subcontracts for commercial items.
(A) If-(1) The original contract or subcontract was granted an exception from certified cost or pricing data requirements
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because the price agreed upon was based on adequate price competition or prices set by law or regulation, or was a
contract or subcontract for the acquisition of a commercial item; and
(2) The modification (to the contract or subcontract) is not exempted based on one of these exceptions, then the
Contractor may provide information to establish that the modification would not change the contract or subcontract
from a contract or subcontract for the acquisition of a commercial item to a contract or subcontract for the
acquisition of an item other than a commercial item.
(B) For a commercial item exception, the Contractor shall provide, at a minimum, information on prices at which the
same item or similar items have previously been sold that is adequate for evaluating the reasonableness of the price
of the modification. Such information may include-(1) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered
items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide
a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original
equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the
established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to
the proposed quantities.
(2) For market-priced items, the source and date or period of the market quotation or other basis for market price, the
base amount, and applicable discounts. In addition, describe the nature of the market.
(3) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an
exception has been granted for the schedule item.
(2) The Contractor grants the Contracting Officer or an authorized representative the right to examine, at any time
before award, books, records, documents, or other directly pertinent records to verify any request for an exception
under this clause, and the reasonableness of price. For items priced using catalog or market prices, or law or
regulation , access does not extend to cost or profit information or other data relevant solely to the Contractor's
determination of the prices to be offered in the catalog or marketplace.
(b) Requirements for certified cost or pricing data. If the Contractor is not granted an exception from the requirement
to submit certified cost or pricing data, the following applies:
(1) The Contractor shall submit certified cost or pricing data, data other than certified cost or pricing data, and
supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is
incorporated by reference with the same force and effect as though it were inserted here in full text. The
instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting
Officer and the Contractor agree to a different format and change this clause to use Alternate I.
As soon as practicable after agreement on price, but before award (except for unpriced actions), the Contractor shall
submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.
(End of clause)
52.216-18
ORDERING. (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or
task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of
contract award until the last day of the basic contract period and any options exercised. The total term of the
contract, and any options may not exceed five years.. However, task orders issued during the contract period may be
completed in accordance with the terms of the task order after the contract period has expired.
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(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict
between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the
mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the
Schedule.
(End of clause)
52.216-19
ORDER LIMITATIONS. (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of
less than $2,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those
supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor:
(1) Any order for a single item in excess of $750,000.00);
(2) Any order for a combination of items in excess of $750,000.00 or
(3) A series of orders from the same ordering office within five days that together call for quantities exceeding the
limitation in subparagraph (1) or (2) above.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal
Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the
Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum
order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after
issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.
Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of clause)
52.216-22
INDEFINITE QUANTITY. (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in
the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not
purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering
clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in
the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall
order at least the quantity of supplies or services designated in the Schedule as the "minimum".
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the
number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations
or performance at multiple locations.
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(d) Any order issued during the effective period of this contract and not completed within that period shall be
completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and
Government's rights and obligations with respect to that order to the same extent as if the order were completed
during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries
under this contract after 1 year following expiration of the period of service, including all options.
(End of clause)
52.217-5
EVALUATION OF OPTIONS (JUL 1990)
Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the
Government will evaluate offers for award purposes by adding the total price for all options to the total price for the
basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).
(End of provision)
52.217-7
OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)
The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in
the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written
notice to the Contractor within a time period to be determined on individual task orders. Delivery of added items
shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.
(End of clause)
52.217-9
OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within one (1) day of
contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to
extend at least thirty (30) days before the contract expires. The preliminary notice does not commit the
Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five
years..
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(End of clause)
52.219-8
UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2014)
(a) It is the policy of the United States that small business concerns, veteran-owned small business concerns, servicedisabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business
concerns, and women-owned small business concerns shall have the maximum practicable opportunity to participate
in performing contracts awarded by any Federal agency, including contracts and subcontracts for subsystems,
assemblies, components, and related services for major systems. It is further the policy of the United States that its
prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their
subcontracts with small business concerns, veteran-owned small business concerns, service-disabled veteran-owned
small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and womenowned small business concerns.
(b) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent
consistent with efficient contract performance. The Contractor further agrees to cooperate in any studies or surveys
as may be conducted by the United States Small Business Administration or the awarding agency of the United
States as may be necessary to determine the extent of the Contractor's compliance with this clause.
(c) Definitions. As used in this contract-HUBZone small business concern means a small business concern that appears on the List of Qualified HUBZone
Small Business Concerns maintained by the Small Business Administration.
Service-disabled veteran-owned small business concern-(1) Means a small business concern-(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any
publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled
veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans
or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver
of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is serviceconnected, as defined in 38 U.S.C. 101(16).
Small business concern means a small business as defined pursuant to Section 3 of the Small Business Act and
relevant regulations promulgated pursuant thereto.
Small disadvantaged business concern means a small business concern that represents, as part of its offer that-(1)(i) It has received certification as a small disadvantaged business concern consistent with 13 CFR part 124,
subpart B;
(ii) No material change in disadvantaged ownership and control has occurred since its certification;
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(iii) Where the concern is owned by one or more individuals, the net worth of each individual upon whom the
certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13
CFR 124.104(c)(2); and
(iv) It is identified, on the date of its representation, as a certified small disadvantaged business in the SAM Dynamic
Small Business Search database maintained by the Small Business Administration, or
(2) It represents in writing that it qualifies as a small disadvantaged business (SDB) for any Federal subcontracting
program, and believes in good faith that it is owned and controlled by one or more socially and economically
disadvantaged individuals and meets the SDB eligibility criteria of 13 CFR 124.1002.
Veteran-owned small business concern means a small business concern-(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the
case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more
veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
Women-owned small business concern means a small business concern-(1) That is at least 51 percent owned by one or more women, or, in the case of any publicly owned business, at least
51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
(d)(1) Contractors acting in good faith may rely on written representations by their subcontractors regarding their
status as a small business concern, a veteran-owned small business concern, a service-disabled veteran-owned small
business concern, a small disadvantaged business concern, or a women-owned small business
concern.
(2) The Contractor shall confirm that a subcontractor representing itself as a HUBZone small business concern is
certified by SBA as a HUBZone small business concern by accessing the System for Award Management database or
by contacting the SBA. Options for contacting the SBA include-(i) HUBZone small business database search application Web page at
http://dsbs.sba.gov/dsbs/search/dsp_searchhubzone.cfm; or http://www.sba.gov/hubzone;
(ii) In writing to the Director/HUB, U.S. Small Business Administration, 409 3rd Street, SW., Washington DC
20416; or
(iii) The SBA HUBZone Help Desk at [email protected].
(End of clause)
52.219-14
LIMITATIONS ON SUBCONTRACTING (NOV 2011)
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) Applicability. This clause applies only to-(1) Contracts that have been set aside or reserved for small business concerns or 8(a) concerns;
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(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) concerns;
and
(3) Orders set aside for small business or 8(a) concerns under multiple-award contracts as described in 8.405-5 and
16.505(b)(2)(i)(F).
(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the
contract in the case of a contract for-(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel
shall be expended for employees of the concern.
(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for
at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.
(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the
cost of materials, with its own employees.
(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract,
not including the cost of materials, with its own employees.
52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) CONCERNS (JUN 2003)-ALTERNATE I (APR 2005)
(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration
(SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of
offer-(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and
(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any
remedial action directed by the SBA.
(3) The offeror's approved business plan is on the file and serviced by .
(b) By submission of its offer, the Offeror certifies that it meets all of the criteria set forth in paragraph (a) of this
clause.
(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will
subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this
solicitation.
(d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the
contract, only end items manufactured or produced by small business concerns in the United States or its outlying
areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract
does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph
does not apply to construction or service contracts.
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(2) The insert name of SBA's contractor
will notify the insert name of contracting agency
Contracting
Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock
or other ownership interest to any other party.
(End of clause)
52.219-28
POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)
(a) Definitions. As used in this clause-Long-term contract means a contract of more than five years in duration, including options. However, the term does
not include contracts that exceed five years in duration because the period of performance has been extended for a
cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other
appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not
dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business
under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not
dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a
kind of business activity in which a number of business concerns are primarily engaged. In determining whether
dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of
employees, financial resources, competitive status or position, ownership or control of materials, processes, patents,
license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor
shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause,
upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to
include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification
of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the
contract.
(3) For long-term contracts-(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this
rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to
this contract. The small business size standard corresponding to this NAICS code can be found at
http://www.sba.gov/content/table-small-business-size-standards.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a
contract other than a construction or service contract, is 500 employees.
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(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by
paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications
section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they
reflect the Contractor's current status. The
Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this
clause that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the
Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in
SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following
rerepresentation and submit it to the contracting office, along with the contract number and the date on which the
rerepresentation was completed:
The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 236220- assigned to
contract number
.
(Contractor to sign and date and insert authorized signer's name and title).
(End of clause)
52.222-1
NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)
If the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely
performance of this contract, the Contractor shall immediately give notice, including all relevant information, to the
(End of clause)
52.222-3
CONVICT LABOR (JUN 2003)
(a) Except as provided in paragraph (b) of this clause, the Contractor shall not employ in the performance of this
contract any person undergoing a sentence of imprisonment imposed by any court of a State, the District of
Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands.
(b) The Contractor is not prohibited from employing persons-(1) On parole or probation to work at paid employment during the term of their sentence;
(2) Who have been pardoned or who have served their terms; or
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(3) Confined for violation of the laws of any of the States, the District of Columbia, Puerto Rico, the Northern
Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands who are authorized to work at paid employment
in the community under the laws of such jurisdiction, if-(i) The worker is paid or is in an approved work training program on a voluntary basis;
(ii) Representatives of local union central bodies or similar labor union organizations have been consulted;
(iii) Such paid employment will not result in the displacement of employed workers, or be applied in skills, crafts, or
trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services;
(iv) The rates of pay and other conditions of employment will not be less than those paid or provided for work of a
similar nature in the locality in which the work is being performed; and
(v) The Attorney General of the United States has certified that the work-release laws or regulations of the
jurisdiction involved are in conformity with the requirements of Executive Order 11755, as amended by Executive
Orders 12608 and 12943.
(End of clause)
52.222-4
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME COMPENSATION.
(MAY 2014)
(a) Overtime requirements. No Contractor or subcontractor employing laborers or mechanics (see Federal
Acquisition Regulation 22.300) shall require or permit them to work over 40 hours in any workweek unless they are
paid at least 1 and 1/2 times the basic rate of pay for each hour worked over 40 hours.
(b) Violation; liability for unpaid wages; liquidated damages. The responsible Contractor and subcontractor are
liable for unpaid wages if they violate the terms in paragraph (a) of this clause. In addition, the Contractor and
subcontractor are liable for liquidated damages payable to the Government. The Contracting Officer will assess
liquidated damages at the rate of $10 per affected employee for each calendar day on which the employer required or
permitted the employee to work in excess of the standard workweek of 40 hours without paying overtime wages
required by the Contract Work Hours and Safety Standards statute (found at 40 U.S.C. chapter 37).
(c) Withholding for unpaid wages and liquidated damages. The Contracting Officer will withhold from payments due
under the contract sufficient funds required to satisfy any Contractor or subcontractor liabilities for unpaid wages and
liquidated damages. If amounts withheld under the contract are insufficient to satisfy Contractor or subcontractor
liabilities, the Contracting Officer will withhold payments from other Federal or Federally assisted contracts held by
the same Contractor that are subject to the Contract Work Hours and Safety Standards statute.
(d) Payrolls and basic records.
(1) The Contractor and its subcontractors shall maintain payrolls and basic payroll records for all laborers and
mechanics working on the contract during the contract and shall make them available to the Government until 3
years after contract completion. The records shall contain the name and address of each employee, social security
number, labor classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions
made, and actual wages paid. The records need not duplicate those required for construction work by Department of
Labor regulations at 29 CFR 5.5(a)(3) implementing the Construction Wage Rate Requirements statute.
(2) The Contractor and its subcontractors shall allow authorized representatives of the Contracting Officer or the
Department of Labor to inspect, copy, or transcribe records maintained under paragraph (d)(1) of this clause. The
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Contractor or subcontractor also shall allow authorized representatives of the Contracting Officer or Department of
Labor to interview employees in the workplace during working hours.
(e) Subcontracts. The Contractor shall insert the provisions set forth in paragraphs (a) through (d) of this clause in
subcontracts that may require or involve the employment of laborers and mechanics and require subcontractors to
include these provisions in any such lower tier subcontracts. The Contractor shall be responsible for compliance by
any subcontractor or lower-tier subcontractor with the provisions set forth in paragraphs (a) through (d) of this
clause.
(End of clause)
52.222-6
CONSTRUCTION WAGE RATE REQUIREMENTS (MAY 2014)
(a) Definition.—“Site of the work”—
(1) Means—
(i) The primary site of the work. The physical place or places where the construction called for in the contract will
remain when work on it is completed; and
(ii) The secondary site of the work, if any. Any other site where a significant portion of the building or work is
constructed, provided that such site is—
(A) Located in the United States; and
(B) Established specifically for the performance of the contract or project;
(2) Except as provided in paragraph (3) of this definition, includes any fabrication plants, mobile factories, batch
plants, borrow pits, job headquarters, tool yards, etc., provided—
(i) They are dedicated exclusively, or nearly so, to performance of the contract or project; and
(ii) They are adjacent or virtually adjacent to the “primary site of the work” as defined in paragraph (a)(1)(i), or the
“secondary site of the work” as defined in paragraph (a)(1)(ii) of this definition;
(3) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a
Contractor or subcontractor whose locations and continuance in operation are determined wholly without regard to a
particular Federal contract or project. In addition, fabrication plants, batch plants, borrow pits, job headquarters,
yards, etc., of a commercial or material supplier which are established by a supplier of materials for the project
before opening of bids and not on the Project site, are not included in the “site of the work.” Such permanent,
previously established facilities are not a part of the “site of the work” even if the operations for a period of time may
be dedicated exclusively or nearly so, to the performance of a contract.
(b)(1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and
not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll
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deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part
3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment
computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached
hereto and made a part hereof, or as may be incorporated for a secondary site of the work, regardless of any
contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Any
wage determination incorporated for a secondary site of the work shall be effective from the first day on which work
under the contract was performed at that site and shall be incorporated without any adjustment in contract price or
estimated cost. Laborers employed by the construction Contractor or construction subcontractor that are transporting
portions of the building or work between the secondary site of the work and the primary site of the work shall be
paid in accordance with the wage determination applicable to the primary site of the work.
(2) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the
Construction Wage Rate Requirements statute on behalf of laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of paragraph (e) of this clause; also, regular contributions made or
costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs
which cover the particular weekly period, are deemed to be constructively made or incurred during such period.
(3) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage
determination for the classification of work actually performed, without regard to skill, except as provided in the
clause entitled Apprentices and Trainees. Laborers or mechanics performing work in more than one classification
may be compensated at the rate specified for each classification for the time actually worked therein; provided that
the employer’s payroll records accurately set forth the time spent in each classification in which work is performed.
(4) The wage determination (including any additional classifications and wage rates conformed under paragraph (c)
of this clause) and the Construction Wage Rate Requirements statute poster (WH-1321) shall be posted at all times
by the Contractor and its subcontractors at the primary site of the work and the secondary site of the work, if any, in
a prominent and accessible place where it can be easily seen by the workers.
(c)(1) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage
determination and which is to be employed under the contract shall be classified in conformance with the wage
determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits
therefor only when all the following criteria have been met:
(i) The work to be performed by the classification requested is not performed by a classification in the wage
determination.
(ii) The classification is utilized in the area by the construction industry.
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage
rates contained in the wage determination.
(2) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the Contracting Officer agree on the classification and wage rate (including the amount
designated for fringe benefits, where appropriate), a report of the action taken shall be sent by the Contracting
Officer to the Administrator of the:
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Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
Washington, DC 20210
The Administrator or an authorized representative will approve, modify, or disapprove every additional classification
action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within
the 30-day period that additional time is necessary.
(3) In the event the Contractor, the laborers or mechanics to be employed in the classification, or their
representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the
amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions, including
the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator of the
Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a
determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer
within the 30-day period that additional time is necessary.
(4) The wage rate (including fringe benefits, where appropriate) determined pursuant to paragraphs (c)(2) and (c)(3)
of this clause shall be paid to all workers performing work in the classification under this contract from the first day
on which work is performed in the classification.
(d) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(e) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part
of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe
benefits under a plan or program; provided, That the Secretary of Labor has found, upon the written request of the
Contractor, that the applicable standards of the Construction Wage Rate Requirements statute have been met. The
Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations
under the plan or program.
(End of clause)
52.222-7
WITHHOLDING OF FUNDS (MAY 2014)
The Contracting Officer shall, upon his or her own action or upon written request of an authorized representative of
the Department of Labor, withhold or cause to be withheld from the Contractor under this contract or any other
Federal contract with the same Prime Contractor, or any other Federally assisted contract subject to Construction
Wage Rate Requirements statute prevailing wage requirements, which is held by the same Prime Contractor, so
much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including
apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages
required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or
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helper, 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 Contractor, take such action as may be necessary to cause the suspension of
any further payment, advance, or guarantee of funds until such violations have ceased.
(End of clause)
52.222-8
PAYROLLS AND BASIC RECORDS (MAY 2014)
(a) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work
and preserved for a period of 3 years thereafter for all laborers and mechanics working at the site of the work. Such
records shall contain the name, address, and social security number of each such worker, his or her correct
classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe
benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) (Construction Wage Rate
Requirement statute)), daily and weekly number of hours worked, deductions made, and actual wages paid.
Whenever the Secretary of Labor has found, under paragraph (d) of the clause entitled Construction Wage Rate
Requirements, that the wages of any laborer or mechanic include the amount of any costs reasonably
anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B), the Contractor shall
maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is
financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the applicable programs.
(b)(1) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all
payrolls to the Contracting Officer. The payrolls submitted shall set out accurately and completely all of the
information required to be maintained under paragraph(a) of this clause, except that full social security numbers and
home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an
individually identifying number for each employee (e.g., the last four digits of the employee's social security
number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is
available for this purpose and may be obtained from the U.S. Department of Labor Wage and Hour Division website
at http://www.dol.gov/whd/forms/wh347.pdf. The Prime Contractor is responsible for the submission of copies of
payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and
current address of each covered worker, and shall provide them upon request to the Contracting Officer, the
Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of
compliance with prevailing wage requirements. It is not a violation of this section for a Prime Contractor to require a
subcontractor to provide addresses and social security numbers to the Prime Contractor for its own records, without
weekly submission to the Contracting Officer.
(2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and
shall certify-(i) That the payroll for the payroll period contains the information required to be maintained under paragraph (a) of
this clause and that such information is correct and complete;
(ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during
the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that
no deductions have been made either directly or indirectly from the full wages earned, other than permissible
deductions as set forth in the Regulations, 29 CFR Part 3; and
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash
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equivalents for the classification of work performed, as specified in the applicable wage determination incorporated
into the contract.
(3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph (b)(2)
of this clause.
(4) The falsification of any of the certifications in this clause may subject the Contractor or subcontractor to civil or
criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code.
(c) The Contractor or subcontractor shall make the records required under paragraph (a) of this clause available for
inspection, copying, or transcription by the Contracting Officer or authorized representatives of the Contracting
Officer or the Department of Labor. The Contractor or subcontractor shall permit the Contracting Officer or
representatives of the Contracting Officer or the Department of Labor to interview employees during working hours
on the job. If the Contractor or subcontractor fails to submit required records or to make them available, the
Contracting Officer may, after written notice to the Contractor, take such action as may be necessary to cause the
suspension of any further payment. Furthermore, failure to submit the required records upon request or to make such
records available may be grounds for debarment action pursuant to 29 CFR 5.12.
(End of clause)
52.222-9
APPRENTICES AND TRAINEES (JUL 2005)
(a) Apprentices. (1) An apprentice will be permitted to work at less than the predetermined rate for the work
performed when employed-(i) Pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department
of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer, and Labor
Services (OATELS) or with a State Apprenticeship Agency recognized by the OATELS; or
(ii) In the first 90 days of probationary employment as an apprentice in such an apprenticeship program, even though
not individually registered in the program, if certified by the OATELS or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as an apprentice.
(2) The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater
than the ratio permitted to the Contractor as to the entire work force under the registered program.
(3) Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated
in paragraph (a)(1) of this clause, shall be paid not less than the applicable wage determination for the classification
of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed.
(4) Where a Contractor is performing construction on a project in a locality other than that in which its program is
registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the
Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than
the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable wage determination.
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(5) Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that
determination.
(6) In the event OATELS, or a State Apprenticeship Agency recognized by OATELS, withdraws approval of an
apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable program is approved.
(b) Trainees.
(1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for
the work performed unless they are employed pursuant to and individually registered in a program which has
received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and
Training Administration, Office of Apprenticeship Training, Employer, and Labor Services (OATELS). The ratio of
trainees to journeymen on the job site shall not be greater than permitted under the plan approved by OATELS.
(2) Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of
progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.
Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program
does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed in the wage
determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship
program associated with the corresponding journeyman wage rate in the wage determination which provides for less
than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and
participating in a training plan approved by the OATELS shall be paid not less than the applicable wage rate in the
wage determination for the classification of work actually performed. In addition, any trainee performing work on
the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable
wage rate in the wage determination for the work actually performed.
(3) In the event OATELS withdraws approval of a training program, the Contractor will no longer be permitted to
utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is
approved.
(c) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this clause shall
be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and
29 CFR Part 30.
(End of clause)
52.222-10
COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)
The Contractor shall comply with the requirements of 29 CFR Part 3, which are hereby incorporated by reference in
this contract.
(End of clause)
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52.222-11
SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)
(a) Definition. Construction, alteration or repair, as used in this clause, means all types of work done by laborers and
mechanics employed by the construction Contractor or construction subcontractor on a particular building or work at
the site thereof, including without limitation-(1) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated off-site;
(2) Painting and decorating;
(3) Manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work;
(4) Transportation of materials and supplies between the site of the work within the meaning of paragraphs (a)(1)(i)
and (ii) of the ``site of work'' as defined in the FAR clause at 52.222-6, Construction Wage Rate Requirements of this
contract, and a facility which is dedicated to the construction of the building or work and is deemed part of the site of
the work within the meaning of paragraph (2) of the ``site of work'' definition; and
(5) Transportation of portions of the building or work between a secondary site where a significant portion of the
building or work is constructed, which is part of the ``site of work'' definition in paragraph (a)(1)(ii) of the FAR
clause at 52.222-6, Construction Wage Rate Requirements, and the physical place or places where the building or
work will remain (paragraph (a)(1)(i) of the FAR clause at 52.222-6, in the ``site of the work'' definition).
(b) The Contractor shall insert in any subcontracts for construction, alterations and repairs within the United States
the clauses entitled-(1) Construction Wage Rate Requirements;
(2) Contract Work Hours and Safety Standards--Overtime Compensation (if the clause is included in this contract);
(3) Apprentices and Trainees;
(4) Payrolls and Basic Records;
(5) Compliance with Copeland Act Requirements;
(6) Withholding of Funds;
(7) Subcontracts (Labor Standards);
(8) Contract Termination--Debarment;
(9) Disputes Concerning Labor Standards;
(10) Compliance with Construction Wage Rate Requirements and Related Regulations; and
(11) Certification of Eligibility.
(c) The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor
performing construction within the United States with all the contract clauses cited in paragraph (b).
(d)(1) Within 14 days after award of the contract, the Contractor shall deliver to the Contracting Officer a completed
Standard Form (SF) 1413, Statement and Acknowledgment, for each subcontract for construction within the United
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States, including the subcontractor's signed and dated acknowledgment that the clauses set forth in paragraph (b) of
this clause have been included in the subcontract.
(2) Within 14 days after the award of any subsequently awarded subcontract the Contractor shall deliver to the
Contracting Officer an updated completed SF 1413 for such additional subcontract.
(e) The Contractor shall insert the substance of this clause, including this paragraph (e) in all subcontracts for
construction within the United States.
(End of clause)
52.222-12
CONTRACT TERMINATION--DEBARMENT (MAY 2014)
A breach of the contract clauses entitled Construction Wage Rate Requirements, Contract Work Hours and Safety
Standards--Overtime Compensation, Apprentices and Trainees, Payrolls and Basic Records, Compliance with
Copeland Act Requirements, Subcontracts (Labor Standards), Compliance with Construction Wage Rate
Requirements and Related Regulations, or Certification of Eligibility may be grounds for termination of the contract,
and for debarment as a Contractor and subcontractor as provided in 29 CFR 5.12.
(End of clause)
52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED
REGULATIONS (MAY 2014)
All rulings and interpretations of the Construction Wage Rate Requirements and related statutes contained in 29 CFR
parts 1, 3, and 5 are hereby incorporated by reference in this contract.
(End of clause)
52.222-14
DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)
The United States Department of Labor has set forth in 29 CFR Parts 5, 6, and 7 procedures for resolving disputes
concerning labor standards requirements. Such disputes shall be resolved in accordance with those procedures and
not the Disputes clause of this contract. Disputes within the meaning of this clause include disputes between the
Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees
or their representatives.
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(End of clause)
52.222-15
CERTIFICATION OF ELIGIBILITY (MAY 2014)
(a) By entering into this contract, the Contractor certifies that neither it nor any person or firm who has an interest in
the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C.
3144(b)(2) or 29 CFR 5.12(a)(1).
(b) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government
contract by virtue of 40 U.S.C. 3144(b)(2) or 29 CFR 5.12(a)(1).
(c) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
(End of clause)
52.222-21
PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)
(a) Segregated facilities, as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms,
restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots,
drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees,
that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national
origin because of written or oral policies or employee custom. The term does not include separate or single-user rest
rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes.
(b) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities
at any of its establishments, and that it does not and will not permit its employees to perform their services at any
location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this
clause is a violation of the Equal Opportunity clause in this contract.
(c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal
Opportunity clause of this contract.
(End of clause)
52.222-26
EQUAL OPPORTUNITY (MAR 2007)
(a) Definition. United States, as used in this clause, means the 50 States, the District of Columbia, Puerto Rico, the
Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.
(b)(1) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor
has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of
$10,000, the Contractor shall comply with this clause, except for work performed outside the United States by
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employees who were not recruited within the United States. Upon request, the Contractor shall provide information
necessary to determine the applicability of this clause.
(2) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of
this clause do not apply with respect to the employment of individuals of a particular religion to perform work
connected with the carrying on of the Contractor's activities (41 CFR 60-1.5).
(c) (1) The Contractor shall not discriminate against any employee or applicant for employment because of race,
color, religion, sex, or national origin. However, it shall not be a violation of this clause for the Contractor to extend
a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with
employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60-1.5.
(2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, religion, sex, or national origin. This shall include,
but not be limited to, (i) employment, (ii) upgrading, (iii) demotion, (iv) transfer, (v) recruitment or recruitment
advertising, (vi) layoff or termination, (vii) rates of pay or other forms of compensation, and (viii) selection for
training, including apprenticeship.
(3) The Contractor shall post in conspicuous places available to employees and applicants for employment the
notices to be provided by the Contracting Officer that explain this clause.
(4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color,
religion, sex, or national origin.
(5) The Contractor shall send, to each labor union or representative of workers with which it has a collective
bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer
advising the labor union or workers' representative of the Contractor's commitments under this clause, and post
copies of the notice in conspicuous places available to employees and applicants for employment.
(6) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of
the Secretary of Labor.
(7) The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as
amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard
Form 100 (EEO-1), or any successor form, as prescribed in 41 CFR part 60-1. Unless the Contractor has filed within
the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply
to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal
Employment Opportunity Commission for the necessary forms.
(8) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the
OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor
shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and
other material that may be relevant to the matter under investigation and pertinent to compliance with Executive
Order 11246, as amended, and rules and regulations that implement the Executive Order.
(9) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or
order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the
Contractor may be declared ineligible for further Government contracts, under the procedures authorized in
Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the
Contractor as provided in Executive Order 11246, as amended; in the rules, regulations, and orders of the Secretary
of Labor; or as otherwise provided by law.
(10) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that
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is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as
amended, so that these terms and conditions will be binding upon each subcontractor or vendor.
(11) The Contractor shall take such action with respect to any subcontract or purchase order as the contracting
officer may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance;
provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor
as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the
interests of the United States.
(d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the
procedures in 41 CFR 60-1.1.
(End of clause)
52.222-27
AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (FEB 1999)
(a) Definitions. "Covered area," as used in this clause, means the geographical area described in the solicitation for
this contract.
"Deputy Assistant Secretary," as used in this clause, means Deputy Assistant Secretary for Federal Contract
Compliance, U.S. Department of Labor, or a designee.
"Employer's identification number," as used in this clause, means the Federal Social Security number used on the
employer's quarterly federal tax return, U.S. Treasury Department Form 941.
"Minority," as used in this clause, means-(1) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America
and maintaining identifiable tribal affiliations through membership and participation or community identification).
(2) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast
Asia, the Indian Subcontinent, or the Pacific Islands);
(3) Black (all persons having origins in any of the black African racial groups not of Hispanic origin); and
(4) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or
origin, regardless of race).
(b) If the Contractor, or a subcontractor at any tier, subcontracts a portion of the work involving any construction
trade, each such subcontract in excess of $10,000 shall include this clause and the Notice containing the goals for
minority and female participation stated in the solicitation for this contract.
(c) If the Contractor is participating in a Hometown Plan (41 CFR 60-4) approved by the U.S. Department of Labor
in a covered area, either individually or through an association, its affirmative action obligations on all work in the
plan area (including goals) shall comply with the plan for those trades that have unions participating in the plan.
Contractors must be able to demonstrate participation in, and compliance with, the provisions of the plan. Each
Contractor or subcontractor participating in an approved plan is also required to comply with its obligations under
the Equal Opportunity clause, and to make a good faith effort to achieve each goal under the plan in each trade in
which it has employees. The overall good-faith performance by other Contractors or subcontractors toward a goal in
an approved plan does not excuse any Contractor's or subcontractor's failure to make good-faith efforts to achieve
the plan's goals.
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(d) The Contractor shall implement the affirmative action procedures in subparagraphs (g)(1) through (16) of this
clause. The goals stated in the solicitation for this contract are expressed as percentages of the total hours of
employment and training of minority and female utilization that the Contractor should reasonably be able to achieve
in each construction trade in which it has employees in the covered area. If the Contractor performs construction
work in a geographical area located outside of the covered area, it shall apply the goals established for the
geographical area where that work is actually performed. The Contractor is expected to make substantially uniform
progress toward its goals in each craft.
(e) Neither the terms and conditions of any collective bargaining agreement, nor the failure by a union with which
the Contractor has a collective bargaining agreement, to refer minorities or women shall excuse the Contractor's
obligations under this clause, Executive Order 11246, as amended, or the regulations thereunder.
(f) In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals,
apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must
have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the
availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the
U.S. Department of Labor.
(g) The Contractor shall take affirmative action to ensure equal employment opportunity. The evaluation of the
Contractor's compliance with this clause shall be based upon its effort to achieve maximum results from its actions.
The Contractor shall document these efforts fully and implement affirmative action steps at least as extensive as the
following:
(1) Ensure a working environment free of harassment, intimidation, and coercion at all sites and in all facilities where
the Contractor's employees are assigned to work. The Contractor, if possible, will assign two or more women to each
construction project. The Contractor shall ensure that foremen, superintendents, and other onsite supervisory
personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with
specific attention to minority or female individuals working at these sites or facilities.
(2) Establish and maintain a current list of sources for minority and female recruitment. Provide written notification
to minority and female recruitment sources and community organizations when the Contractor or its unions have
employment opportunities available, and maintain a record of the organizations' responses.
(3) Establish and maintain a current file of the names, addresses, and telephone numbers of each minority and female
off-the-street applicant, referrals of minorities or females from unions, recruitment sources, or community
organizations, and the action taken with respect to each individual. If an individual was sent to the union hiring hall
for referral and not referred back to the Contractor by the union or, if referred back, not employed by the
Contractor, this shall be documented in the file, along with whatever additional actions the Contractor may have
taken.
(4) Immediately notify the Deputy Assistant Secretary when the union or unions with which the Contractor has a
collective bargaining agreement has not referred back to the Contractor a minority or woman sent by the Contractor,
or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to
meet its obligations.
(5) Develop on-the-job training opportunities and/or participate in training programs for the area that expressly
include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to
the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The
Contractor shall provide notice of these programs to the sources compiled under subparagraph (g)(2) of this clause.
(6) Disseminate the Contractor's equal employment policy by-(i) Providing notice of the policy to unions and to training, recruitment, and outreach programs, and requesting their
cooperation in assisting the Contractor in meeting its contract obligations;
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(ii) Including the policy in any policy manual and in collective bargaining agreements;
(iii) Publicizing the policy in the company newspaper, annual report, etc.;
(iv) Reviewing the policy with all management personnel and with all minority and female employees at least once a
year; and
(v) Posting the policy on bulletin boards accessible to employees at each location where construction work is
performed.
(7) Review, at least annually, the Contractor's equal employment policy and affirmative action obligations with all
employees having responsibility for hiring, assignment, layoff, termination, or other employment decisions. Conduct
review of this policy with all on-site supervisory personnel before initiating construction work at a job site. A written
record shall be made and maintained identifying the time and place of these meetings, persons attending, subject
matter discussed, and disposition of the subject matter.
(8) Disseminate the Contractor's equal employment policy externally by including it in any advertising in the news
media, specifically including minority and female news media. Provide written notification to, and discuss this policy
with, other Contractors and subcontractors with which the Contractor does or anticipates doing business.
(9) Direct recruitment efforts, both oral and written, to minority, female, and community organizations, to schools
with minority and female students, and to minority and female recruitment and training organizations serving the
Contractor's recruitment area and employment needs. Not later than 1 month before the date for acceptance of
applications for apprenticeship or training by any recruitment source, send written notification to organizations such
as the above, describing the openings, screening procedures, and tests to be used in the selection process.
(10) Encourage present minority and female employees to recruit minority persons and women. Where reasonable,
provide after-school, summer, and vacation employment to minority and female youth both on the site and in other
areas of the Contractor's workforce.
(11) Validate all tests and other selection requirements where required under 41 CFR 60-3.
(12) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for
promotional opportunities. Encourage these employees to seek or to prepare for, through appropriate training, etc.,
opportunities for promotion.
(13) Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have
a discriminatory effect by continually monitoring all personnel and employment-related activities to ensure that the
Contractor's obligations under this contract are being carried out.
(14) Ensure that all facilities and company activities are nonsegregated except that separate or single-user rest rooms
and necessary dressing or sleeping areas shall be provided to assure privacy between the sexes.
(15) Maintain a record of solicitations for subcontracts for minority and female construction contractors and
suppliers, including circulation of solicitations to minority and female contractor associations and other business
associations.
(16) Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's
equal employment policy and affirmative action obligations.
(h) The Contractor is encouraged to participate in voluntary associations that may assist in fulfilling one or more of
the affirmative action obligations contained in subparagraphs (g)(1) through (16) of this clause. The efforts of a
contractor association, joint contractor-union, contractor-community, or similar group of which the contractor is a
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member and participant may be asserted as fulfilling one or more of its obligations under subparagraphs (g)(1)
through (16) of this clause, provided the Contractor-(1) Actively participates in the group;
(2) Makes every effort to ensure that the group has a positive impact on the employment of minorities and women in
the industry;
(3) Ensures that concrete benefits of the program are reflected in the Contractor's minority and female workforce
participation;
(4) Makes a good-faith effort to meet its individual goals and timetables; and
(5) Can provide access to documentation that demonstrates the effectiveness of actions taken on behalf of the
Contractor. The obligation to comply is the Contractor's, and failure of such a group to fulfill an obligation shall not
be a defense for the Contractor's noncompliance.
(i) A single goal for minorities and a separate single goal for women shall be established. The Contractor is required
to provide equal employment opportunity and to take affirmative action for all minority groups, both male and
female, and all women, both minority and nonminority. Consequently, the Contractor may be in violation of
Executive Order 11246, as amended, if a particular group is employed in a substantially disparate manner.
(j) The Contractor shall not use goals or affirmative action standards to discriminate against any person because of
race, color, religion, sex, or national origin.
(k) The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts
under Executive Order 11246, as amended.
(l) The Contractor shall carry out such sanctions and penalties for violation of this clause and of the Equal
Opportunity clause, including suspension, termination, and cancellation of existing subcontracts, as may be imposed
or ordered under Executive Order 11246, as amended, and its implementing regulations, by the OFCCP. Any failure
to carry out these sanctions and penalties as ordered shall be a violation of this clause and Executive Order 11246, as
amended.
(m) The Contractor in fulfilling its obligations under this clause shall implement affirmative action procedures at
least as extensive as those prescribed in paragraph (g) of this clause, so as to achieve maximum results from its
efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of Executive
Order 11246, as amended, the implementing regulations, or this clause, the Deputy Assistant Secretary shall take
action as prescribed in 41 CFR 60-4.8.
(n) The Contractor shall designate a responsible official to-(1) Monitor all employment-related activity to ensure that the Contractor's equal employment policy is being carried
out;
(2) Submit reports as may be required by the Government; and
(3) Keep records that shall at least include for each employee the name, address, telephone number, construction
trade, union affiliation (if any), employee identification number, social security number, race, sex, status (e.g.,
mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated
trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily
understandable and retrievable form; however, to the degree that existing records satisfy this requirement, separate
records are not required to be maintained.
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(o) Nothing contained herein shall be construed as a limitation upon the application of other laws that establish
different standards of compliance or upon the requirements for the hiring of local or other area residents (e.g., those
under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).
(End of clause)
52.222-32 CONSTRUCTION WAGE RATE REQUIREMENTS--PRICE ADJUSTMENT (ACTUAL METHOD)
(MAY 2014)
(a) The wage determination issued under the Construction Wage Rate Requirements statute
by the Administrator, Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor,
that is effective for an option to extend the term of the contract, will apply to that option period.
(b)(1) The Contractor states that if the prices in this contract contain an allowance for wage or benefit increases, such
allowance will not be included in any request for contract price adjustment submitted under this clause.
(2) The Contractor shall provide with each request for contract price adjustment under this clause a statement that the
prices in the contract do not include any allowance for any increased cost for which adjustment is being requested.
(c) The Contracting Officer will adjust the contract price or contract unit price labor rates to reflect the Contractor's
actual increase or decrease in wages and fringe benefits to the extent that the increase is made to comply with, or the
decrease is voluntarily made by the Contractor as a result of-(1) Incorporation of the Department of Labor's Construction Wage Rate Requirements wage determination
applicable at the exercise of an option to extend the term of the contract; or
(2) Incorporation of a Construction Wage Rate Requirements wage determination otherwise applied to the contract
by operation of law.
(d) Any adjustment will be limited to increases or decreases in wages and fringe benefits as described in paragraph
(c) of this clause, and the accompanying increases or decreases in social security and unemployment taxes and
workers' compensation insurance, but will not otherwise include any amount for general and administrative costs,
overhead, or profit.
(e) The Contractor shall notify the Contracting Officer of any increase claimed under this clause within 30 days after
receiving a revised wage determination unless this notification period is extended in writing by the Contracting
Officer. The Contractor shall notify the Contracting Officer promptly of any decrease under this clause, but nothing
in this clause precludes the Government from asserting a claim within the period permitted by law. The notice shall
contain a statement of the amount claimed and any relevant supporting data, including payroll records that the
Contracting Officer may reasonably require. Upon agreement of the parties, the Contracting Officer will modify the
contract price or contract unit price in writing. The Contractor shall continue performance pending agreement on or
determination of any such adjustment and its effective date.
(f) Contract price adjustment computations shall be computed as follows:
(1) Computation for contract unit price per single craft hour for schedule of indefinite-quantity work. For each labor
classification, the difference between the actual wage and benefit rates (combined) paid and the wage and benefit
rates (combined) required by the new wage determination shall be added to the original contract unit price if the
difference results in a combined increase. If the difference computed results in a combined decrease, the contract unit
price shall be decreased by that amount if the Contractor provides notification as provided in paragraph (e) of this
clause.
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(2) Computation for contract unit price containing multiple craft hours for schedule of indefinite-quantity work. For
each labor classification, the difference between the actual wage and benefit rates (combined) paid and the wage and
benefit rates (combined) required by the new wage determination shall be multiplied by the actual number of hours
expended for each craft involved in accomplishing the unit-priced work item. The product of this computation will
then be divided by the actual number of units ordered in the preceding contract period. The total of these
computations for each craft will be added to the current contract unit price to obtain the new contract unit price. The
extended amount for the contract line item will be obtained by multiplying the new unit price by the estimated
quantity. If actual hours are not available from the preceding contract period for computation of the adjustment for a
specific contract unit of work, the Contractor, in agreement with the Contracting Officer, shall estimate the total
hours per craft per contract unit of work.
Example: Asphalt Paving--Current Price $3.38 per Square Yard
------------------------------------------------------------------------------------------------------------------------------------------------------Hourly
Increase/DBA craft
New WD
rate paid
Diff.
Actual hrs.
Actual units (sq. yard)
sq. yard
------------------------------------------------------------------------------------------------------------------------------------Equip. Opr.... $18.50 - $18.00 =
$.50 x 600 hrs./
3,000 sq. yrd.
=
$.10
Truck Driver. $19.00 Laborer.........
$11.50 -
$18.25 =
$11.25 =
$.75 x 525 hrs./
$.25 x 750 hrs./
3,000 sq. yrd.
3,000 sq. yrd.
=
=
$.13
$.06
----------Total increase per square yard..........................................................................................................
* $.29
* Note: Adjustment for labor rate increases or decreases may be accompanied by social security and unemployment
taxes and workers' compensation insurance.
Current unit price (per square yard)
$3.38
Add DBA price adj...................
+.29
New unit price (per square yard)....
$3.67
------------------------------------------------------------------------------------------------------------------------------------(End of clause)
52.222-35 EQUAL OPPORTUNITY FOR VETERANS (SEP 2010)
(a) Definitions. As used in this clause-All employment openings means all positions except executive and senior management, those positions that will be
filled from within the Contractor's organization, and positions lasting 3 days or less. This term includes full-time
employment, temporary employment of more than 3 days duration, and part-time employment.
Armed Forces service medal veteran means any veteran who, while serving on active duty in the U.S. military,
ground, naval, or air service, participated in a United States military operation for which an Armed Forces service
medal was awarded pursuant to Executive Order 12985 (61 FR 1209).
Disabled veteran means-(1) A veteran of the U.S. military, ground, naval, or air service, who is entitled to compensation (or who but for the
receipt of military retired pay would be entitled to compensation) under laws administered by the Secretary of
Veterans Affairs; or
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(2) A person who was discharged or released from active duty because of a service-connected disability.
Executive and senior management means—
(1) Any employee-(i) Compensated on a salary basis at a rate of not less than $455 per week (or $380 per week, if employed in
American Samoa by employers other than the Federal Government), exclusive of board, lodging or other facilities;
(ii) Whose primary duty consists of the management of the enterprise in which the individual is employed or of a
customarily recognized department or subdivision thereof;
(iii) Who customarily and regularly directs the work of two or more other employees; and
(iv) Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring
or firing and as to the advancement and promotion or any other change of status of other employees will be given
particular weight; or
(2) Any employee who owns at least a bona fide 20-percent equity interest in the enterprise in which the employee is
employed, regardless of whether the business is a corporate or other type of organization, and who is actively
engaged in its management.
Other protected veteran means a veteran who served on active duty in the U.S. military, ground, naval, or air service,
during a war or in a campaign or expedition for which a campaign badge has been authorized under the laws
administered by the Department of Defense.
Positions that will be filled from within the Contractor's organization means employment openings for which the
Contractor will give no consideration to persons outside the Contractor's organization (including any affiliates,
subsidiaries, and parent companies) and includes any openings the Contractor proposes to fill from regularly
established ``recall'' lists. The exception does not apply to a particular opening once an employer decides to consider
applicants outside of its organization.
Qualified disabled veteran means a disabled veteran who has the ability to perform the essential functions of the
employment positions with or without reasonable accommodation.
Recently separated veteran means any veteran during the three-year period beginning on the date of such veteran's
discharge or release from active duty in the U.S. military, ground, naval or air service.
(b) General.
(1) The Contractor shall not discriminate against any employee or applicant for employment because the individual
is a disabled veteran, recently separated veteran, other protected veterans, or Armed Forces service medal veteran,
regarding any position for which the employee or applicant for employment is qualified. The Contractor shall take
affirmative action to employ, advance in employment, and otherwise treat qualified individuals, including qualified
disabled veterans, without discrimination based upon their status as a disabled veteran, recently separated veteran,
Armed Forces service medal veteran, and other protected veteran in all employment practices including the
following:
(i) Recruitment, advertising, and job application procedures.
(ii) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff
and rehiring.
(iii) Rate of pay or any other form of compensation and changes in compensation.
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(iv) Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and
seniority lists.
(v) Leaves of absence, sick leave, or any other leave.
(vi) Fringe benefits available by virtue of employment, whether or not administered by the Contractor.
(vii) Selection and financial support for training, including apprenticeship, and on-the-job training under 38 U.S.C.
3687, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue
training.
(viii) Activities sponsored by the Contractor including social or recreational programs.
(ix) Any other term, condition, or privilege of employment.
(2) The Contractor shall comply with the rules, regulations, and relevant orders of the Secretary of Labor issued
under the Vietnam Era Veterans' Readjustment Assistance Act of 1972 (the Act), as amended (38 U.S.C. 4211 and
4212).
(3) The Department of Labor's regulations require contractors with 50 or more employees and a contract of $100,000
or more to have an affirmative action program for veterans. See 41 CFR part 60-300,
subpart C.
(c) Listing openings.
(1) The Contractor shall immediately list all employment openings that 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 where the contract is
being performed, but excluding those of independently operated corporate affiliates, at an appropriate employment
service delivery system where the opening occurs. Listing employment openings with the State workforce agency job
bank or with the local employment service delivery system where the opening occurs shall satisfy the requirement to
list jobs with the appropriate employment service delivery system.
(2) The Contractor shall make the listing of employment openings with the appropriate employment service delivery
system at least concurrently with using any other recruitment source or effort and shall involve the normal
obligations of placing a bona fide job order, including accepting referrals of veterans and nonveterans. This listing of
employment openings does not require hiring any particular job applicant or hiring from any particular group of job
applicants and is not intended to relieve the Contractor from any requirements of Executive orders or regulations
concerning nondiscrimination in employment.
(3) Whenever the Contractor becomes contractually bound to the listing terms of this clause, it shall advise the State
workforce agency in each State where it has establishments of the name and location of each hiring location in the
State. As long as the Contractor is contractually bound to these terms and has so advised the State agency, it need not
advise the State agency of subsequent contracts. The Contractor may advise the State agency when it is no
longer bound by this contract clause.
(d) Applicability. This clause does not apply to the listing of employment openings that occur and are filled outside
the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.
Virgin Islands, and Wake Island.
(e) Postings.
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(1) The Contractor shall post employment notices in conspicuous places that are available to employees and
applicants for employment.
(2) The employment notices shall-(i) State the rights of applicants and employees as well as the Contractor's obligation under the law to take
affirmative action to employ and advance in employment qualified employees and applicants who are disabled
veterans, recently separated veterans, Armed Forces service medal veterans, and other protected veterans; and
(ii) Be in a form prescribed by the Director, Office of Federal Contract Compliance Programs, and provided by or
through the Contracting Officer.
(3) The Contractor shall ensure that applicants or employees who are disabled veterans are informed of the contents
of the notice (e.g., the Contractor may have the notice read to a visually disabled veteran, or may lower the posted
notice so that it can be read by a person in a wheelchair).
(4) The Contractor shall notify each labor union or representative of workers with which it has a collective
bargaining agreement, or other contract understanding, that the Contractor is bound by the terms of the Act and is
committed to take affirmative action to employ, and advance in employment, qualified disabled veterans, recently
separated veterans, other protected veterans, and Armed Forces service medal veterans.
(f) Noncompliance. If the Contractor does not comply with the requirements of this clause, the Government may take
appropriate actions under the rules, regulations, and relevant orders of the Secretary of Labor. This includes
implementing any sanctions imposed on a contractor by the Department of Labor for violations of this
clause (52.222-35, Equal Opportunity for Veterans). These sanctions (see 41 CFR 60-300.66) may include-(1) Withholding progress payments;
(2) Termination or suspension of the contract; or
(3) Debarment of the contractor.
(g) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $100,000 or more unless
exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the
Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for
noncompliance.
(End of clause)
52.222-36
AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (OCT 2010)
(a) General. (1) Regarding any position for which the employee or applicant for employment is qualified, the
Contractor shall not discriminate against any employee or applicant because of physical or mental disability. The
Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified
individuals with disabilities without discrimination based upon their physical or mental disability in all employment
practices such as-(i) Recruitment, advertising, and job application procedures;
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(ii) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from
layoff, and rehiring;
(iii) Rates of pay or any other form of compensation and changes in compensation;
(iv) Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and
seniority lists;
(v) Leaves of absence, sick leave, or any other leave;
(vi) Fringe benefits available by virtue of employment, whether or not administered by the Contractor;
(vii) Selection and financial support for training, including apprenticeships, professional meetings, conferences, and
other related activities, and selection for leaves of absence to pursue training;
(viii) Activities sponsored by the Contractor, including social or recreational programs; and
(ix) Any other term, condition, or privilege of employment.
(2) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor
(Secretary) issued under the Rehabilitation Act of 1973 (29 U.S.C. 793) (the Act), as amended.
(b) Postings. (1) The Contractor agrees to post employment notices stating-(i) The Contractor's obligation under the law to take affirmative action to employ and advance in employment
qualified individuals with disabilities; and
(ii) The rights of applicants and employees.
(2) These notices shall be posted in conspicuous places that are available to employees and applicants for
employment. The Contractor shall ensure that applicants and employees with disabilities are informed of the contents
of the notice (e.g., the Contractor may have the notice read to a visually disabled individual, or may lower the posted
notice so that it might be read by a person in a wheelchair). The notices shall be in a form prescribed by the Deputy
Assistant Secretary for Federal Contract Compliance of the U.S. Department of Labor (Deputy Assistant Secretary)
and shall be provided by or through the Contracting Officer.
(3) The Contractor shall notify each labor union or representative of workers with which it has a collective
bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Section 503 of the
Act and is committed to take affirmative action to employ, and advance in employment, qualified individuals with
physical or mental disabilities.
(c) Noncompliance. If the Contractor does not comply with the requirements of this clause, appropriate actions may
be taken under the rules, regulations, and relevant orders of the Secretary issued pursuant to the Act.
(d) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in
excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary. The Contractor shall act as
specified by the Deputy Assistant Secretary to enforce the terms, including action for noncompliance.
(End of clause)
52.222-37 EMPLOYMENT REPORTS ON VETERANS (SEP 2010)
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(a) Definitions. As used in this clause, `Àrmed Forces service medal veteran,'' ``disabled veteran,'' `òther protected
veteran,'' and ``recently separated veteran,'' have the meanings given in the Equal Opportunity for Veterans clause
52.222-35.
(b) Unless the Contractor is a State or local government agency, the Contractor shall report at least annually, as
required by the Secretary of Labor, on-(1) The total number of employees in the contractor's workforce, by job category and hiring location, who are
disabled veterans, other protected veterans, Armed Forces service medal veterans, and recently separated veterans.
(2) The total number of new employees hired during the period covered by the report, and of the total, the number of
disabled veterans, other protected veterans, Armed Forces service medal veterans, and recently separated veterans;
and
(3) The maximum number and minimum number of employees of the Contractor or subcontractor at each hiring
location during the period covered by the report.
(c) The Contractor shall report the above items by completing the Form VETS-100A,entitled ``Federal Contractor
Veterans' Employment Report (VETS-100A Report).''
(d) The Contractor shall submit VETS-100A Reports no later than September 30 of each year.
(e) The employment activity report required by paragraphs (b)(2) and (b)(3) of this clause shall reflect total new
hires, and maximum and minimum number of employees, during the most recent 12-month period preceding the
ending date selected for the report. Contractors may select an ending date-(1) As of the end of any pay period between July 1 and August 31 of the year the report is due; or
(2) As of December 31, if the Contractor has prior written approval from the Equal Employment Opportunity
Commission to do so for purposes of submitting the Employer Information Report EEO-1 (Standard Form 100).
(f) The number of veterans reported must be based on data known to the contractor when completing the VETS100A. The contractor's knowledge of veterans status may be obtained in a variety of ways, including an invitation to
applicants to self-identify (in accordance with 41 CFR 60-300.42), voluntary self-disclosure by employees, or actual
knowledge of veteran status by the contractor. This paragraph does not relieve an employer of liability for
discrimination under 38 U.S.C. 4212.
(g) The Contractor shall insert the terms of this clause in subcontracts of $100,000 or more unless exempted by rules,
regulations, or orders of the Secretary of Labor.
(End of clause)
52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT
(DEC 2010)
(a) During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and
containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and
offices where employees covered by the National Labor Relations Act engage in activities relating to
the performance of the contract, including all places where notices to employees are customarily posted both
physically and electronically, in the languages employees speak, in accordance with
29 CFR 471.2(d) and (f).
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(1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and
offices so that the notice is prominent and readily seen by employees who are covered by the National Labor
Relations Act and engage in activities related to the performance of the contract.
(2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the
required notice electronically by displaying prominently, on any Web site that is maintained by the Contractor and is
customarily used for notices to employees about terms and conditions of employment, a link to the Department of
Labor's Web site that contains the full text of the poster. The link to the Department's Web site, as referenced in
(b)(3) of this section, must read, `Ìmportant Notice about Employee Rights to Organize and Bargain Collectively
with Their Employers.''
(b) This required employee notice, printed by the Department of Labor, may be-(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S.
Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or
from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance
Programs;
(2) Provided by the Federal contracting agency if requested;
(3) Downloaded from the Office of Labor-Management Standards Web site at
http://www.dol.gov/olms/regs/compliance/EO13496.htm; or
(4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster.
(c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR
Part 471.
(d) The Contractor shall comply with all provisions of the employee notice and related rules, regulations, and orders
of the Secretary of Labor.
(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of
this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended
or debarred in accordance with 29 CFR 471.14 and subpart 9.4. Such other sanctions or remedies may be imposed as
are provided by 29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law.
(f) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (f), in every
subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by
the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of
January 30, 2009, so that such provisions will be binding upon each subcontractor.
(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive
Order 13496 or this clause.
(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of
Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance.
(4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such
involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of
Labor, to enter into such litigation to protect the interests of the United States.
(End of clause)
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52.222-50
COMBATING TRAFFICKING IN PERSONS (FEB 2009)
(a) Definitions. As used in this clause-Coercion means-(1) Threats of serious harm to or physical restraint against any person;
(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in
serious harm to or physical restraint against any person; or
(3) The abuse or threatened abuse of the legal process.
Commercial sex act means any sex act on account of which anything of value is given to or received by any person.
Debt bondage means the status or condition of a debtor arising from a pledge by the debtor of his or her personal
services or of those of a person under his or her control as a security for debt, if the value of those services as
reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not
respectively limited and defined.
Employee means an employee of the Contractor directly engaged in the performance of work under the contract who
has other than a minimal impact or involvement in contract performance.
Forced Labor means knowingly providing or obtaining the labor or services of a person-(1) By threats of serious harm to, or physical restraint against, that person or another person;
(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not
perform such labor or services, that person or another person would suffer serious harm or physical restraint; or
(3) By means of the abuse or threatened abuse of law or the legal process.
Involuntary servitude includes a condition of servitude induced by means of-(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or
continue in such conditions, that person or another person would suffer serious harm or physical restraint; or
(2) The abuse or threatened abuse of the legal process.
Severe forms of trafficking in persons means-(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person
induced to perform such act has not attained 18 years of age; or
(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the
use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or
slavery.
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Sex trafficking means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose
of a commercial sex act.
(b) Policy. The United States Government has adopted a zero tolerance policy regarding trafficking in persons.
Contractors and contractor employees shall not-(1) Engage in severe forms of trafficking in persons during the period of performance of the contract;
(2) Procure commercial sex acts during the period of performance of the contract; or
(3) Use forced labor in the performance of the contract.
(c) Contractor requirements. The Contractor shall-(1) Notify its employees of-(i) The United States Government's zero tolerance policy described in paragraph (b) of this clause; and
(ii) The actions that will be taken against employees for violations of this policy. Such actions may include, but are
not limited to, removal from the contract, reduction in benefits, or termination of employment; and
(2) Take appropriate action, up to and including termination, against employees or subcontractors that violate the
policy in paragraph (b) of this clause.
(d) Notification. The Contractor shall inform the Contracting Officer immediately of-(1) Any information it receives from any source (including host country law enforcement) that alleges a Contractor
employee, subcontractor, or subcontractor employee has engaged in conduct that violates this policy; and
(2) Any actions taken against Contractor employees, subcontractors, or subcontractor employees pursuant to this
clause.
(e) Remedies. In addition to other remedies available to the Government, the Contractor's failure to comply with the
requirements of paragraphs (c), (d), or (f) of this clause may result in -(1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;
(2) Requiring the Contractor to terminate a subcontract;
(3) Suspension of contract payments;
(4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government
determined Contractor non-compliance;
(5) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or
(6) Suspension or debarment.
(f) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (f), in all
subcontracts.
(g) Mitigating Factor. The Contracting Officer may consider whether the Contractor had a Trafficking in Persons
awareness program at the time of the violation as a mitigating factor when determining remedies. Additional
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information about Trafficking in Persons and examples of awareness programs can be found at the website for the
Department of State's Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/g/tip.
(End of clause)
52.222-54
EMPLOYMENT ELIGIBILITY VERIFICATION (AUG 2013)
(a) Definitions. As used in this clause--Commercially available off-the-shelf (COTS) item—
(1) Means any item of supply that is-(i) A commercial item (as defined in paragraph (1) of the definition at 2.101);
(iii) Offered to the Government, without modification, in the same form in which it is sold in the commercial
marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum
products. Per 46 CFR 525.1(c)(2), ``bulk cargo'' means cargo that is loaded and carried in bulk onboard ship without
mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intermodal
equipment, except LASH or Seabee barges, is subject to mark and count and, therefore, ceases to be bulk cargo.
Employee assigned to the contract means an employee who was hired after November 6, 1986 (after November 27,
2009, in the Commonwealth of the Northern Mariana Islands), who is directly performing work, in the United States,
under a contract that is required to include the clause prescribed at 22.1803. An employee is not considered to be
directly performing work under a contract if the employee-(1) Normally performs support work, such as indirect or overhead functions; and
(2) Does not perform any substantial duties applicable to the contract.
Subcontract means any contract, as defined in 2.101, entered into by a subcontractor to furnish supplies or services
for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes
and modifications to purchase orders.
Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime
Contractor or another subcontractor.
United States, as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto Rico, Guam,
the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands.
(b) Enrollment and verification requirements.
(1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor
shall-(i) Enroll. Enroll as a Federal Contractor in the E-Verify program within 30 calendar days of contract award;
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(ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin to use E-Verify
to initiate verification of employment eligibility of all new hires of the Contractor, who are working in the United
States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3)
of this section); and
(iii) Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification
within 90 calendar days after date of enrollment or within 30 calendar days of the employee's assignment to the
contract, whichever date is later (but see paragraph (b)(4) of this section).
(2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall
use E-Verify to initiate verification of employment eligibility of-(i) All new employees. (A) Enrolled 90 calendar days or more. The Contractor shall initiate verification of all new
hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3
business days after the date of hire (but see paragraph (b)(3) of this section); or
(B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment as a Federal Contractor in EVerify, the Contractor shall initiate verification of all new hires of the Contractor, who are working in the United
States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3)
of this section); or
(ii) Employees assigned to the contract. For each employee assigned to the contract, the Contractor shall initiate
verification within 90 calendar days after date of contract award or within 30 days after assignment to the contract,
whichever date is later (but see paragraph (b)(4) of this section).
(3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a State or local
government or the government of a Federally recognized Indian tribe; or a surety performing under a takeover
agreement entered into with a Federal agency pursuant to a performance bond, the Contractor may choose to verify
only employees assigned to the contract, whether existing employees or new hires. The Contractor shall follow the
applicable verification requirements at (b)(1) or (b)(2), respectively, except that any requirement for verification of
new employees applies only to new employees assigned to the contract.
(4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all existing
employees hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana
Islands), rather than just those employees assigned to the contract. The Contractor shall initiate verification for each
existing employee working in the United States who was hired after November 6, 1986 (after November 27, 2009, in
the Commonwealth of the Northern Mariana Islands), within 180 calendar days of-(i) Enrollment in the E-Verify program; or
(ii) Notification to E-Verify Operations of the Contractor's decision to exercise this option, using the contact
information provided in the E-Verify program Memorandum of Understanding (MOU).
(5) The Contractor shall comply, for the period of performance of this contract, with the requirements of the EVerify program MOU.
(i) The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the
Contractor's MOU and deny access to the E-Verify system in accordance with the terms of the MOU. In such case,
the Contractor will be referred to a suspension or debarment official.
(ii) During the period between termination of the MOU and a decision by the suspension or debarment official
whether to suspend or debar, the Contractor is excused from its obligations under paragraph (b) of this clause. If the
suspension or debarment official determines not to suspend or debar the Contractor, then the Contractor must
reenroll in E-Verify.
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(c) Web site. Information on registration for and use of the E-Verify program can be obtained via the Internet at the
Department of Homeland Security Web site: http://www.dhs.gov/E-Verify.
(d) Individuals previously verified. The Contractor is not required by this clause to perform additional employment
verification using E-Verify for any employee-(1) Whose employment eligibility was previously verified by the Contractor through the E-Verify program;
(2) Who has been granted and holds an active U.S. Government security clearance for access to confidential, secret,
or top secret information in accordance with the National Industrial Security Program Operating Manual; or
(3) Who has undergone a completed background investigation and been issued credentials pursuant to Homeland
Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and
Contractors.
(e) Subcontracts. The Contractor shall include the requirements of this clause, including this paragraph (e)
(appropriately modified for identification of the parties), in each subcontract that-(1) Is for--(i) Commercial or noncommercial services (except for commercial services that are part of the purchase of
a COTS item (or an item that would be a COTS item, but for minor modifications), performed by the COTS
provider, and are normally provided for that COTS item); or
(ii) Construction;
(2) Has a value of more than $3,000; and
(3) Includes work performed in the United States.
(End of clause)
52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND
CONSTRUCTION CONTRACTS (SEP 2013)
(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United
States Department of Agriculture (USDA)-designated items unless-(1) The product cannot be acquired-(i) Competitively within a time frame providing for compliance with the contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)).
For example, all USDA-designated items are exempt from the preferred procurement
requirement for the following:
(i) Spacecraft system and launch support equipment.
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(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.
(b) Information about this requirement and these products is available at http://www.biopreferredgov.
(c) In the performance of this contract, the Contractor shall-(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of
any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year,
between October 1 and September 30; and
(2) Submit this report no later than-(i) October 31 of each year during contract performance; and
(ii) At the end of contract performance.
(End of clause)
52.223-5
POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)
(a) Definitions. As used in this clause-“Toxic chemical means a chemical or chemical category listed in 40 CFR 372.65.”
(b) Federal facilities are required to comply with the provisions of the Emergency Planning and Community Rightto-Know Act of 1986 (EPCRA) (42 U.S.C. 11001-11050), and the Pollution Prevention Act of 1990 (PPA) (42
U.S.C. 13101-13109).
(c) The Contractor shall provide all information needed by the Federal facility to comply with the following:
(1) The emergency planning reporting requirements of section 302 of EPCRA.
(2) The emergency notice requirements of section 304 of EPCRA.
(3) The list of Material Safety Data Sheets, required by section 311 of EPCRA.
(4) The emergency and hazardous chemical inventory forms of section 312 of EPCRA.
(5) The toxic chemical release inventory of section 313 of EPCRA, which includes the reduction and recycling
information required by section 6607 of PPA.
(6) The toxic chemical and hazardous substance release and use reduction goals of section 2(e) of Executive Order
13423 and of Executive Order 13514.
(End of clause)
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52.223-6
DRUG-FREE WORKPLACE (MAY 2001)
(a) Definitions. As used in this clause -"Controlled substance" means a controlled substance in schedules I through V of section 202 of the Controlled
Substances Act (21 U.S.C. 812) and as further defined in regulation at 21 CFR 1308.11 - 1308.15.
"Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by
any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug
statutes.
"Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution,
dispensing, possession, or use of any controlled substance.
"Drug-free workplace" means the site(s) for the performance of work done by the Contractor in connection with a
specific contract at which employees of the Contractor are prohibited from engaging in the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance.
"Employee" means an employee of a Contractor directly engaged in the performance of work under a Government
contract. "Directly engaged" is defined to include all direct cost employees and any other Contractor employee who
has other than a minimal impact or involvement in contract performance.
"Individual" means an offeror/contractor that has no more than one employee including the offeror/contractor.
(b) The Contractor, if other than an individual, shall-- within 30 days after award (unless a longer period is agreed to
in writing for contracts of 30 days or more performance duration), or as soon as possible for contracts of less than 30
days performance duration-(1) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the Contractor's workplace and specifying the actions that will be taken
against employees for violations of such prohibition;
(2) Establish an ongoing drug-free awareness program to inform such employees about-(i) The dangers of drug abuse in the workplace;
(ii) The Contractor's policy of maintaining a drug-free workplace;
(iii) Any available drug counseling, rehabilitation, and employee assistance programs; and
(iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(3) Provide all employees engaged in performance of the contract with a copy of the statement required by
subparagraph (b)(1) of this clause;
(4) Notify such employees in writing in the statement required by subparagraph (b)(1) of this clause that, as a
condition of continued employment on this contract, the employee will-(i) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation
occurring in the workplace no later than 5 days after such conviction.
(5) Notify the Contracting Officer in writing within 10 days after receiving notice under subdivision (b)(4)(ii) of this
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clause, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the
position title of the employee;
(6) Within 30 days after receiving notice under subdivision (b)(4)(ii) of this clause of a conviction, take one of the
following actions with respect to any employee who is convicted of a drug abuse violation occurring in the
workplace:
(i) Taking appropriate personnel action against such employee, up to and including termination; or
(ii) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved
for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; and
(7) Make a good faith effort to maintain a drug-free workplace through implementation of subparagraphs (b)(1)
though (b)(6) of this clause.
(c) The Contractor, if an individual, agrees by award of the contract or acceptance of a purchase order, not to engage
in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance while performing
this contract.
(d) In addition to other remedies available to the Government, the Contractor's failure to comply with the
requirements of paragraph (b) or (c) of this clause may, pursuant to FAR 23.506, render the Contractor subject to
suspension of contract payments, termination of the contract for default, and suspension or debarment.
(End of clause)
52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPADESIGNATED ITEMS (MAY 2008)
(a) Definitions. As used in this clause-Postconsumer material means a material or finished product that has served its intended use and has been discarded
for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader
category of “recovered material.”
Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does
not include those materials and by-products generated from, and commonly reused within, an original manufacturing
process.
(b) The Contractor, on completion of this contract, shall-(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used
in contract performance, including, if applicable, the percentage of post-consumer material content; and
(2) Submit this estimate to
(End of clause)
(Contracting Officer complete in accordance with agency procedures).
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52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND
CONSTRUCTION CONTRACTS (MAY 2008)
(a) In the performance of this contract, the Contractor shall make maximum use of products containing recovered
materials that are EPA-designated items unless the product cannot be acquired—
(1) Competitively within a timeframe providing for compliance with the contract performance schedule;
(2) Meeting contract performance requirements; or
(3) At a reasonable price.
(b) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site,
http://www.epa.gov/cpg/. The list of EPA-designated items is available at http://www.epa.gov/cpg/products.htm.
(End of clause)
52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG
2011)
(a) Definitions. As used in this clause-Driving—
(1) Means operating a motor vehicle on an active roadway with the motor running, including while temporarily
stationary because of traffic, a traffic light, stop sign, or otherwise.
(2) Does not include operating a motor vehicle with or without the motor running when one has pulled over to the
side of, or off, an active roadway and has halted in a location where one can safely remain stationary.
Text messaging means reading from or entering data into any handheld or other electronic device, including for the
purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or
engaging in any other form of electronic data retrieval or electronic data communication. The term does not include
glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the
vehicle, provided that the destination and route are programmed into the device either before driving or while
stopped in a location off the roadway where it is safe and legal to park.
(b) This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging while Driving,
dated October 1, 2009.
(c) The Contractor is encouraged to-(1) Adopt and enforce policies that ban text messaging while driving--
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(i) Company-owned or -rented vehicles or Government-owned vehicles; or
(ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of
the Government.
(2) Conduct initiatives in a manner commensurate with the size of the business, such as-(i) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while
driving; and
(ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while
driving.
(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all
subcontracts that exceed the micro-purchase threshold.
(End of clause)
52.225-11
2014)
BUY AMERICAN--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAY
(a) Definitions. As used in this clause-Caribbean Basin country construction material means a construction material that-(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or
(2) In the case of a construction material that consists in whole or in part of materials from another country, has been
substantially transformed in a Caribbean Basin country into a new and different construction material distinct from
the materials from which it was transformed.
Commercially available off-the-shelf (COTS) item—
(1) Means any item of supply (including construction material) that is-(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in
which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4)such as agricultural products and petroleum
products.
Component means an article, material, or supply incorporated directly into a construction material.
Construction material means an article, material, or supply brought to the construction site by the Contractor or
subcontractor for incorporation into the building or work. The term also includes an item brought to the site
preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency
lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or
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work and that are produced as complete systems, are evaluated as a single and distinct construction material
regardless of when or how the individual parts or components of those systems are delivered to the construction site.
Materials purchased directly by the Government are supplies, not construction material.
Cost of components means-(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of
incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any
applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component,
including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but
excluding profit. Cost of components does not include any costs associated with the manufacture of the construction
material.
Designated country means any of the following countries:
(1) A World Trade Organization Government Procurement Agreement country (Armenia, Aruba, Austria, Belgium,
Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong
Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania,
Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia,
Spain, Sweden, Switzerland, Taiwan or United Kingdom);
(2) A Free Trade Agreement country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican
Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama,
Peru, or Singapore);
(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia,
Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea,
Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali,
Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon
Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or
(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin
Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St.
Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).
Designated country construction material means a construction material that is a WTO GPA country construction
material, an FTA country construction material, a least developed country construction material, or a Caribbean
Basin country construction material.
Domestic construction material means-(1) An unmanufactured construction material mined or produced in the United States;
(2) A construction material manufactured in the United States, if-(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost
of all its components. Components of foreign origin of the same class or kind for which nonavailability
determinations have been made are treated as domestic; or
(ii) The construction material is a COTS item.
Foreign construction material means a construction material other than a domestic construction material.
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Least developed country construction material means a construction material that-(1) Is wholly the growth, product, or manufacture of a least developed country; or
substantially transformed in a least developed country into a new and different construction material distinct from the
materials from which it was transformed.
“Free Trade Agreement country construction material” means a construction material that—
(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or
substantially transformed in a FTA country into a new and different construction material distinct from the materials
from which it was transformed.
“Least developed country construction material” means a construction material that—
(1) Is wholly the growth, product, or manufacture of a least developed country; or
substantially transformed in a least developed country into a new and different construction material distinct from the
United States means the 50 States, the District of Columbia, and outlying areas.
WTO GPA country construction material means a construction material that-(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or
substantially transformed in a WTO GPA country into a new and different construction material distinct from the
(b) Construction materials.
(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic
construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American
statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). In addition, the Contracting
Officer has determined that the WTO GPA and Free Trade Agreements (FTAs) apply to this acquisition. Therefore,
the Buy American restrictions are waived for designated country construction materials.
(2) The Contractor shall use only domestic or designated country construction material in performing this contract,
except as provided in paragraphs (b)(3) and (b)(4) of this clause.
(3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial
item or to the construction materials or components listed by the Government as follows:
[Contracting Officer to list applicable excepted materials or indicate ``none'']
(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(3) of this clause
if the Government determines that--
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(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction
material subject to the restrictions of the Buy American statute is unreasonable when the cost of such material
exceeds the cost of foreign material by more than 6 percent;
(ii) The application of the restriction of the Buy American statute to a particular construction material would be
impracticable or inconsistent with the public interest; or
(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and
reasonably available commercial quantities of a satisfactory quality.
(c) Request for determination of inapplicability of the Buy American statute.
(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(4) of this clause
shall include adequate information for Government evaluation of the request, including-(A) A description of the foreign and domestic construction materials;
(B) Unit of measure;
(C) Quantity;
(D) Price;
(E) Time of delivery or availability;
(F) Location of the construction project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph
(b)(3) of this clause.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price
comparison table in the format in paragraph (d) of this clause.
(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty
(whether or not a duty-free certificate may be issued).
(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor
could not reasonably foresee the need for such determination and could not have requested the determination before
contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a
determination.
(2) If the Government determines after contract award that an exception to the Buy American statute applies and the
Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the
contract to allow use of the foreign construction material. However, when the basis for the exception is the
unreasonable price of a domestic construction material, adequate consideration is not less than the differential
established in paragraph (b)(4)(i) of this clause.
(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign
construction material is noncompliant with the Buy American statute.
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(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the
Contractor shall include the following information and any applicable supporting data based on the survey of
suppliers:
Foreign and Domestic Construction Materials Price Comparison
---------------------------------------------------------------------------------------------------------------Construction material description
Unit of measure
Quantity
Price (dollars) \1\
---------------------------------------------------------------------------------------------------------------Item 1:
Foreign construction material.... ....................... ....................... .......................
Domestic construction material... ....................... ....................... .......................
Item 2:
Foreign construction material.... ....................... ....................... .......................
Domestic construction material... ....................... ....................... .......................
---------------------------------------------------------------------------------------------------------------\1\ Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free
entry certificate is issued).
List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral,
attach summary.
Include other applicable supporting information.
(End of clause)
52.225-13
RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)
(a) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the
Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation,
Executive order, or statute administered by OFAC, or if OFAC's implementing regulations at 31 CFR chapter V,
would prohibit such a transaction by a person subject to the jurisdiction of the United States.
(b) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most
imports from Burma or North Korea, into the United States or its outlying areas. Lists of entities and individuals
subject to economic sanctions are included in OFAC's List of Specially Designated Nationals and Blocked Persons at
TerList1.html. More information about these restrictions, as well as updates, is available in the OFAC's regulations at
31 CFR chapter V and/or on OFAC's Web site at http://www.treas.gov/offices/enforcement/ofac/.
(c) The Contractor shall insert this clause, including this paragraph (c), in all subcontracts.
(End of clause)
52.227-1
AUTHORIZATION AND CONSENT (DEC 2007)
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(a) The Government authorizes and consents to all use and manufacture, in performing this contract or any
subcontract at any tier, of any invention described in and covered by a United States patent-(1) Embodied in the structure or composition of any article the delivery of which is accepted by the Government
under this contract; or
(2) Used in machinery, tools, or methods whose use necessarily results from compliance by the Contractor or a
subcontractor with (i) specifications or written provisions forming a part of this contract or (ii) specific written
instructions given by the Contracting Officer directing the manner of performance. The entire liability to the
Government for infringement of a United States patent shall be determined solely by the provisions of the indemnity
clause, if any, included in this contract or any subcontract hereunder (including any lower-tier subcontract), and the
Government assumes liability for all other infringement to the extent of the authorization and consent hereinabove
granted.
(b) The Contractor shall include the substance of this clause, including this paragraph (b), in allsubcontracts that are
expected to exceed the simplified acquisition threshold. However, omission of this clause from any subcontract,
including those at or below the simplified acquisition threshold, does not affect this athorization and consent.
(End of clause)
52.227-2
2007)
NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (DEC
(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 contract of which the Contractor has
knowledge.
(b) In the event of any claim or suit against the Government on account of any alleged patent or copyright
infringement arising out of the performance of this contract or out of the use of any supplies furnished or work or
services performed under this contract, the Contractor shall furnish to the Government, when requested by the
Contracting Officer, all evidence and information in the Contractor's possession pertaining to such claim or suit.
Such evidence and information shall be furnished at the expense of the Government except where the Contractor has
agreed to indemnify the Government.
(c) The Contractor shall include the substance of this clause, including this paragraph (c), in all subcontracts that are
expected to exceed the simplified acquisition threshold.
(End of clause)
52.227-4
PATENT INDEMNITY--CONSTRUCTION CONTRACTS (DEC 2007)
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Except as otherwise provided, the Contractor shall indemnify the Government and its officers, agents, and employees
against liability, including costs and expenses, for infringement of any United States patent (except a patent issued
upon an application that is now or may hereafter be withheld from issue pursuant to a Secrecy Order under 35 U.S.C.
181) arising out of performing this contract or out of the use or disposal by or for the account of the Government of
supplies furnished or work performed under this contract.
(End of clause)
52.228-2
ADDITIONAL BOND SECURITY (OCT 1997)
The Contractor shall promptly furnish additional security required to protect the Government and persons supplying
labor or materials under this contract if-(a) Any surety upon any bond, or issuing financial institution for other security, furnished with this contract becomes
unacceptable to the Government.
(b) Any surety fails to furnish reports on its financial condition as required by the Government;
(c) The contract price is increased so that the penal sum of any bond becomes inadequate in the opinion of the
Contracting Officer; or
(d) An irrevocable letter of credit (ILC) used as security will expire before the end of the period of required security.
If the Contractor does not furnish an acceptable extension or replacement ILC, or other acceptable substitute, at least
30 days before an ILC's scheduled expiration, the Contracting officer has the right to immediately draw on the ILC.
(End of clause)
52.228-5
INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)
(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at
least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.
(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that
the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement
to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be
effective (1) for such period as the laws of the State in which this contract is to be performed prescribe, or (2) until
30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.
(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this
contract that require work on a Government installation and shall require subcontractors to provide and maintain the
insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all
subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon
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request.
(End of clause)
52.228-11
PLEDGES OF ASSETS (JAN 2012)
(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee, a performance bond, or a
payment bond-(1) Pledge of assets; and
(2) Standard Form 28, Affidavit of Individual Surety.
(b) Pledges of assets from each person acting as an individual surety shall be in the form of-(1) Evidence of an escrow account containing cash, certificates of deposit, commercial or Government securities, or
other assets described in FAR 28.203-2 (except see 28.203-2(b)(2) with respect to Government securities held in
book entry form); and/or
(2) A recorded lien on real estate. The offeror will be required to provide-(i) A mortgagee title insurance policy, in an insurance amount equal to the amount of the lien, or other evidence of
title that is consistent with the requirements of Section 2 of the United States Department of Justice Title Standards
at http://www.justice.gov/enrd/ENRD_Assets/Title_Standards_2001.pdf. This title evidence must show fee simple
title vested in the surety along with any concurrent owners; whether any real estate taxes are due and payable; and
any recorded encumbrances against the property, including the lien filed in favor of the Government as required by
FAR 28.203-3(d);
(ii) Evidence of the amount due under any encumbrance shown in the evidence of title;
(iii) A copy of the current real estate tax assessment of the property or a current appraisal dated no earlier than 6
months prior to the date of the bond, prepared by a professional appraiser who certifies that the appraisal has been
conducted in accordance with the generally accepted appraisal standards as reflected in the Uniform Standards of
Professional Appraisal Practice, as promulgated by the Appraisal Foundation.
(End of clause)
52.228-12
PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS. (MAY 2014)
In accordance with section 806(a)(3) of Pub. L. 102-190, as amended by sections 2091 and 8105 of Pub. L. 103-355
(10 U.S.C. 2302 note), upon the request of a prospective subcontractor or supplier offering to
furnish labor or material for the performance of this contract for which a payment bond has been furnished to the
Government pursuant to 40 U.S.C. chapter 31, subchapter III, Bonds, the Contractor shall promptly provide a copy
of such payment bond to the requester.
(End of clause)
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52.228-14
IRREVOCABLE LETTER OF CREDIT (MAY 2014)
(a) “Irrevocable letter of credit” (ILC), as used in this clause, means a written commitment by a federally insured
financial institution to pay all or part of a stated amount of money, until the expiration date of the letter, upon
presentation by the Government (the beneficiary) of a written demand therefor. Neither the financial institution nor
the offeror/Contractor can revoke or condition the letter of credit.
(b) If the offeror intends to use an ILC in lieu of a bid bond, or to secure other types of bonds such as performance
and payment bonds, the letter of credit and letter of confirmation formats in paragraphs (e) and (f) of this clause shall
be used.
(c) The letter of credit shall be irrevocable, shall require presentation of no document other than a written demand
and the ILC (including confirming letter, if any), shall be issued/confirmed by an acceptable federally insured
financial institution as provided in paragraph (d) of this clause, and-(1) If used as a bid guarantee, the ILC shall expire no earlier than 60 days after the close of the bid acceptance
period;
(2) If used as an alternative to corporate or individual sureties as security for a performance or payment bond, the
offeror/Contractor may submit an ILC with an initial expiration date estimated to cover the entire period for which
financial security is required or may submit an ILC with an initial expiration date that is a minimum period of one
year from the date of issuance. The ILC shall provide that, unless the issuer provides the beneficiary written notice of
non-renewal at least 60 days in advance of the current expiration date, the ILC is automatically extended without
amendment for one year from the expiration date, or any future expiration date, until the period of required coverage
is completed and the Contracting Officer provides the financial institution with a written statement waiving the right
to payment. The period of required coverage shall be:
(i) For contracts subject to 40 U.S.C. chapter 31, subchapter III, Bonds, the later of-(A) One year following the expected date of final payment;
(B) For performance bonds only, until completion of any warranty period; or
(C) For payment bonds only, until resolution of all claims filed against the payment bond during the one-year period
following final payment.
(ii) For contracts not subject to the Miller Act, the later of-(A) 90 days following final payment; or
(B) For performance bonds only, until completion of any warranty period.
(d) Only federally insured financial institutions rated investment grade or higher shall issue or confirm the ILC. The
offeror/Contractor shall provide the Contracting Officer a credit rating that indicates the financial institution has the
required rating(s) as of the date of issuance of the ILC. Unless the financial institution issuing the ILC had letter of
credit business of less than $25 million in the past year, ILCs over $5 million must be confirmed by another
acceptable financial institution that had letter of credit business of less than $25 million in the past year.
(e) The following format shall be used by the issuing financial institution to create an ILC:
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_______________________________________________
[Issuing Financial Institution's Letterhead or Name and Address]
Issue Date ____________
IRREVOCABLE LETTER OF CREDIT NO. __________
Account party's name _____________________________
Account party's address ___________________________
For Solicitation No. _______________(for reference only)
TO: [U.S. Government agency]
[U.S. Government agency's address]
1. We hereby establish this irrevocable and transferable Letter of Credit in your favor for one or more drawings up to
United States $________. This Letter of Credit is payable at [issuing financial institution's and, if any, confirming
financial institution's] office at [issuing financial institution's address and, if any, confirming financial institution's
address] and expires with our close of business on ________, or any automatically extended expiration date.
2. We hereby undertake to honor your or the transferee's sight draft(s) drawn on the issuing or, if any, the confirming
financial institution, for all or any part of this credit if presented with this Letter of Credit and confirmation, if any, at
the office specified in paragraph 1 of this Letter of Credit on or before the expiration date or any automatically
extended expiration date.
3. [This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.] It is a condition
of this Letter of Credit that it is deemed to be automatically extended without amendment for one year from the
expiration date hereof, or any future expiration date, unless at least 60 days prior to any expiration date, we notify
you or the transferee by registered mail, or other receipted means of delivery, that we elect not to consider this Letter
of Credit renewed for any such additional period. At the time we notify you, we also agree to notify the account party
(and confirming financial institution, if any) by the same means of delivery.
4. This Letter of Credit is transferable. Transfers and assignments of proceeds are to be effected without charge to
either the beneficiary or the transferee/assignee of proceeds. Such transfer or assignment shall be only at the written
direction of the Government (the beneficiary) in a form satisfactory to the issuing financial institution and the
confirming financial institution, if any.
5. This Letter of Credit is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, 1993
Revision, International Chamber of Commerce Publication No. 500, and to the extent not inconsistent therewith, to
the laws of _____________________ [state of confirming financial institution, if any, otherwise state of issuing
financial institution].
6. If this credit expires during an interruption of business of this financial institution as described in Article 17 of the
UCP, the financial institution specifically agrees to effect payment if this credit is drawn against within 30 days after
the resumption of our business.
Sincerely,
_______________________
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[Issuing financial institution]
(f) The following format shall be used by the financial institution to confirm an ILC:
_______________________________________________
[Confirming Financial Institution's Letterhead or Name and Address]
(Date) __________________
Our Letter of Credit Advice Number _________________
Beneficiary: ______________ [U.S. Government agency]
Issuing Financial Institution: _______________________
Issuing Financial Institution's LC No.: _______________
Gentlemen:
1. We hereby confirm the above indicated Letter of Credit, the original of which is attached, issued by __________
[name of issuing financial institution] for drawings of up to United States dollars ___________/U.S. $_______ and
expiring with our close of business on _____________ [the expiration date], or any automatically extended
expiration date.
2. Draft(s) drawn under the Letter of Credit and this Confirmation are payable at our office located at
___________________.
3. We hereby undertake to honor sight draft(s) drawn under and presented with the Letter of Credit and this
Confirmation at our offices as specified herein.
4. [This paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.] It is a condition
of this confirmation that it be deemed automatically extended without amendment for one year from the expiration
date hereof, or any automatically extended expiration date, unless:
(a) At least 60 days prior to any such expiration date, we shall notify the Contracting Officer, or the transferee and
the issuing financial institution, by registered mail or other receipted means of delivery, that we elect not to consider
this confirmation extended for any such additional period; or
(b) The issuing financial institution shall have exercised its right to notify you or the transferee, the account party,
and ourselves, of its election not to extend the expiration date of the Letter of Credit.
5. This confirmation is subject to the Uniform Customs and Practice (UCP) for Documentary Credits, 1993 Revision,
International Chamber of Commerce Publication No. 500, and to the extent not inconsistent therewith, to the laws of
________ [state of confirming financial institution].
6. If this confirmation expires during an interruption of business of this financial institution as described in Article 17
of the UCP, we specifically agree to effect payment if this credit is drawn against within 30 days after the resumption
of our business.
Sincerely,
___________________________
[Confirming financial institution]
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(g) The following format shall be used by the Contracting Officer for a sight draft to draw on the Letter of Credit:
SIGHT DRAFT
__________________________
[City, State]
(Date) _____________________
[Name and address of financial institution]
Pay to the order of ______________ [Beneficiary Agency] ___________ the sum of United States $____________.
This draft is drawn under Irrevocable Letter of Credit No. ___________________________________________.
_______________________
[Beneficiary Agency]
By: ___________________
(End of clause)
52.228-15
PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (OCT 2010)
(a) Definitions. As used in this clause-Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the
estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity.
Original contract price does not include the price of any options, except those options exercised at the time of
contract award.
(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall
furnish performance and payment bonds to the Contracting Officer as follows:
(1) Performance bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award
shall be 100 percent of the original contract price.
(2) Payment Bonds (Standard Form 25-A). The penal amount of payment bonds at the time of contract award shall
be 100 percent of the original contract price.
(3) Additional bond protection. (i) The Government may require additional performance and payment bond
protection if the contract price is increased. The increase in protection generally will equal 100 percent of the
increase in contract price.
(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of
the existing bond or to obtain an additional bond.
(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance
agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the
solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.
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(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate
sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by
other acceptable security such as 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. Treasury Circular
570 is published in the Federal Register or may be obtained from the U.S. Department of the Treasury, Financial
Management Service, Surety Bond Branch, 3700 East West Highway, Room 6F01, Hyattsville, MD 20782. Or via
the internet at http://www.fms.treas.gov/c570/.
(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment
bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has
first furnished labor or material for use in the performance of the contract.
(End of clause)
52.229-3
FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)
(a) As used in this clause—
“After-imposed Federal tax” means any new or increased Federal excise tax or duty, or tax that was exempted or
excluded on the contract date but whose exemption was later revoked or reduced during the contract period, on the
transactions or property covered by this contract that the Contractor is required to pay or bear as the result of
legislative, judicial, or administrative action taking effect after the contract date. It does not include social security
tax or other employment taxes.
“After-relieved Federal tax” means any amount of Federal excise tax or duty, except social security or other
employment taxes, that would otherwise have been payable on the transactions or property covered by this contract,
but which the Contractor is not required to pay or bear, or for which the Contractor obtains a refund or drawback, as
the result of legislative, judicial, or administrative action taking effect after the contract date.
“All applicable Federal, State, and local taxes and duties” means all taxes and duties, in effect on the contract date,
that the taxing authority is imposing and collecting on the transactions or property covered by this contract.
“Contract date” means the date set for bid opening or, if this is a negotiated contract or a modification, the effective
date of this contract or modification.
“Local taxes” includes taxes imposed by a possession or territory of the United States, Puerto Rico, or the Northern
Mariana Islands, if the contract is performed wholly or partly in any of those areas.
(b)(1) The contract price includes all applicable Federal, State, and local taxes and duties, except as provided in
subparagraph (b)(2)(i) of this clause.
(2) Taxes imposed under 26 U.S.C. 5000C may not be—
(i) Included in the contract price; nor
(ii) Reimbursed.
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(c) The contract price shall be increased by the amount of any after-imposed Federal tax, provided the Contractor
warrants in writing that no amount for such newly imposed Federal excise tax or duty or rate increase was included
in the contract price, as a contingency reserve or otherwise.
(d) The contract price shall be decreased by the amount of any after-relieved Federal tax.
(e) The contract price shall be decreased by the amount of any Federal excise tax or duty, except social security or
other employment taxes, that the Contractor is required to pay or bear, or does not obtain a refund of, through the
Contractor’s fault, negligence, or failure to follow instructions of the Contracting Officer.
(f) No adjustment shall be made in the contract price under this clause unless the amount of the adjustment exceeds
$250.
(g) The Contractor shall promptly notify the Contracting Officer of all matters relating to any Federal excise tax or
duty that reasonably may be expected to result in either an increase or decrease in the contract price and shall take
appropriate action as the Contracting Officer directs.
(h) The Government shall, without liability, furnish evidence appropriate to establish exemption from any Federal,
State, or local tax when the Contractor requests such evidence and a reasonable basis exists to sustain the exemption.
(End of clause)
52.232-5
PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)
(a) Payment of price. The Government shall pay the Contractor the contract price as provided in this contract.
(b) Progress payments. The Government shall make progress payments monthly as the work proceeds, or at more
frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meets the
standards of quality established under the contract, as approved by the Contracting Officer.
(1) The Contractor's request for progress payments shall include the following substantiation:
(i) An itemization of the amounts requested, related to the various elements of work required by the contract covered
by the payment requested.
(ii) A listing of the amount included for work performed by each subcontractor under the contract.
(iii) A listing of the total amount of each subcontract under the contract.
(iv) A listing of the amounts previously paid to each such subcontractor under the contract.
(v) Additional supporting data in a form and detail required by the Contracting Officer.
(2) In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and
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preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the
site also may be taken into consideration if-(i) Consideration is specifically authorized by this contract; and
(ii) The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will
be used to perform this contract.
(c) Contractor certification. Along with each request for progress payments, the Contractor shall furnish the
following certification, or payment shall not be made: (However, if the Contractor elects to delete paragraph (c)(4)
from the certification, the certification is still acceptable.)
I hereby certify, to the best of my knowledge and belief, that-(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of
the contract;
(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been
made, and timely payments will be made from the proceeds of the payment covered by this certification, in
accordance with subcontract agreements and the requirements of chapter 39 of Title 31, United States Code;
(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold
or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and
(4) This certification is not to be construed as final acceptance of a subcontractor's performance.
_____________________
(Name)
______________________
(Title)
______________________
(Date)
(d) Refund of unearned amounts. If the Contractor, after making a certified request for progress payments, discovers
that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to
the specifications, terms, and conditions of this contract (hereinafter referred to as the "unearned amount"), the
Contractor shall-(1) Notify the Contracting Officer of such performance deficiency; and
(2) Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in
paragraph (j) of this clause) equal to interest on the unearned amount from the 8th day after the date of receipt of the
unearned amount until-(i) The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or
(ii) The date the Contractor reduces the amount of any subsequent certified request for progress payments by an
amount equal to the unearned amount.
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(e) Retainage. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a
progress payment is to be made, the Contracting Officer shall authorize payment to be made in full. However, if
satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount
of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting
Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer
considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld
funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract,
for which the price is stated separately in the contract, payment shall be made for the completed work without
retention of a percentage.
(f) Title, liability, and reservation of rights. All material and work covered by progress payments made shall, at the
time of payment, become the sole property of the Government, but this shall not be construed as-(1) Relieving the Contractor from the sole responsibility for all material and work upon which payments have been
made or the restoration of any damaged work; or
(2) Waiving the right of the Government to require the fulfillment of all of the terms of the contract.
(g) Reimbursement for bond premiums. In making these progress payments, the Government shall, upon request,
reimburse the Contractor for the amount of premiums paid for performance and payment bonds (including
coinsurance and reinsurance agreements, when applicable) after the Contractor has furnished evidence of full
payment to the surety. The retainage provisions in paragraph (e) of this clause shall not apply to that portion of
progress payments attributable to bond premiums.
(h) Final payment. The Government shall pay the amount due the Contractor under this contract after-(1) Completion and acceptance of all work;
(2) Presentation of a properly executed voucher; and
(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims,
in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also
be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under
the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 6305).
(i) Limitation because of undefinitized work. Notwithstanding any provision of this contract, progress payments shall
not exceed 80 percent on work accomplished on undefinitized contract actions. A "contract action" is any action
resulting in a contract, as defined in FAR Subpart 2.1, including contract modifications for additional supplies or
services, but not including contract modifications that are within the scope and under the terms of the contract, such
as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes.
(j) Interest computation on unearned amounts. In accordance with 31 U.S.C. 3903(c)(1), the amount payable under
subparagraph (d)(2) of this clause shall be-(1) Computed at the rate of average bond equivalent rates of 91-day Treasury bills auctioned at the most recent
auction of such bills prior to the date the Contractor receives the unearned amount; and
(2) Deducted from the next available payment to the Contractor.
(End of clause)
52.232-17
INTEREST (MAY 2014)
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(a) Except as otherwise provided in this contract under a Price Reduction for Defective Certified Cost or Pricing
Data clause or a Cost Accounting Standards clause, all amounts that become payable by the Contractor to the
Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of
becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in
41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in paragraph (e) of
this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is
paid.
(b) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the
contract.
(c) Final Decisions. The Contracting Officer will issue a final decision as required by 33.211 if-(1) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt in
a timely manner;
(2) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline
specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an
installment payment agreement; or
(3) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see
32.607-2).
(d) If a demand for payment was previously issued for the debt, the demand for payment included in the final
decision shall identify the same due date as the original demand for payment.
(e) Amounts shall be due at the earliest of the following dates:
(1) The date fixed under this contract.
(2) The date of the first written demand for payment, including any demand for payment resulting from a default
termination.
(f) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date
and ending on-(1) The date on which the designated office receives payment from the Contractor;
(2) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been
withheld as a credit against the contract debt; or
(3) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to
the Contractor.
(g) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the
Federal Acquisition Regulation in effect on the date of this contract.
(End of clause)
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52.232-18
AVAILABILITY OF FUNDS (APR 1984)
Funds are not presently available for this contract. The Government's obligation under this contract is contingent
upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability
on the part of the Government for any payment may arise until funds are made available to the Contracting Officer
for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the
(End of clause)
52.232-23
ASSIGNMENT OF CLAIMS (MAY 2014)
(a) The Contractor, under the Assignment of Claims Act, as amended, 31 U.S.C. 3727, 41 U.S.C. 6305 (hereafter
referred to as "the Act"), may assign its rights to be paid amounts due or to become due as a result of the
performance of this contract to a bank, trust company, or other financing institution, including any Federal lending
agency. The assignee under such an assignment may thereafter further assign or reassign its right under the original
assignment to any type of financing institution described in the preceding sentence.
(b) Any assignment or reassignment authorized under the Act and this clause shall cover all unpaid amounts payable
under this contract, and shall not be made to more than one party, except that an assignment or reassignment may be
made to one party as agent or trustee for two or more parties participating in the financing of this contract.
(c) The Contractor shall not furnish or disclose to any assignee under this contract any classified document
(including this contract) or information related to work under this contract until the Contracting Officer authorizes
such action in writing.
(End of clause)
52.232-27
PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (MAY 2014)
Notwithstanding any other payment terms in this contract, the Government will make invoice payments under the
terms and conditions specified in this clause. The Government considers payment as being made on the day a check
is dated or the date of an electronic funds transfer. Definitions of pertinent terms are set forth in sections 2.101,
32.001, and 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days,
unless otherwise specified. (However, see paragraph (a)(3) concerning payments due on Saturdays, Sundays, and
legal holidays.)
(a) Invoice payments--(1) Types of invoice payments. For purposes of this clause, there are several types of invoice
payments that may occur under this contract, as follows:
(i) Progress payments, if provided for elsewhere in this contract, based on Contracting Officer approval of the
estimated amount and value of work or services performed, including payments for reaching milestones in any
project.
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(A) The due date for making such payments is 14 days after the designated billing office receives a proper payment
request. If the designated billing office fails to annotate the payment request with the actual date of receipt at the time
of receipt, the payment due date is the 14th day after the date of the Contractor's payment request, provided the
designated billing office receives a proper payment request and there is no disagreement over quantity, quality, or
Contractor compliance with contract requirements.
(B) The due date for payment of any amounts retained by the Contracting Officer in accordance with the clause at
52.232-5, Payments Under Fixed-Price Construction Contracts, is as specified in the contract or, if not specified, 30
days after approval by the Contracting Officer for release to the Contractor.
(ii) Final payments based on completion and acceptance of all work and presentation of release of all claims against
the Government arising by virtue of the contract, and payments for partial deliveries that have been accepted by the
Government (e.g., each separate building, public work, or other division of the contract for which the price is stated
separately in the contract).
(A) The due date for making such payments is the later of the following two events:
(1) The 30th day after the designated billing office receives a proper invoice from the Contractor.
(2) The 30th day after Government acceptance of the work or services completed by the Contractor. For a final
invoice when the payment amount is subject to contract settlement actions (e.g., release of claims), acceptance is
deemed to occur on the effective date of the contract settlement.
(B) If the designated billing office fails to annotate the invoice with the date of actual receipt at the time of receipt,
the invoice payment due date is the 30th day after the date of the Contractor's invoice, provided the designated
billing office receives a proper invoice and there is no disagreement over quantity, quality, or Contractor compliance
with contract requirements.
(2) Contractor's invoice. The Contractor shall prepare and submit invoices to the designated billing office specified
in the contract. A proper invoice must include the items listed in paragraphs (a)(2)(i) through (a)(2)(xi) of this clause.
If the invoice does not comply with these requirements, the designated billing office must return it within 7 days after
receipt, with the reasons why it is not a proper invoice. When computing any interest penalty owed the Contractor,
the Government will take into account if the Government notifies the Contractor of an improper invoice in an
untimely manner.
(i) Name and address of the Contractor.
(ii) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of mailing
or transmission.)
(iii) Contract number or other authorization for work or services performed (including order number and contract
line item number).
(iv) Description of work or services performed.
(v) Delivery and payment terms (e.g., discount for prompt payment terms).
(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract
or in a proper notice of assignment).
(vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a
defective invoice.
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(viii) For payments described in paragraph (a)(1)(i) of this clause, substantiation of the amounts requested and
certification in accordance with the requirements of the clause at 52.232-5, Payments Under Fixed-Price
Construction Contracts.
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required
elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice,
the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation
provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g.,
52.232-33, Payment by Electronic Funds Transfer--System for Award Management, or 52.232-34, Payment by
Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(xi) Any other information or documentation required by the contract.
(3) Interest penalty. The designated payment office will pay an interest penalty automatically, without request from
the Contractor, if payment is not made by the due date and the conditions listed in paragraphs (a)(3)(i) through
(a)(3)(iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal
holiday, the designated payment office may make payment on the following working day without incurring a late
payment interest penalty.
(i) The designated billing office received a proper invoice.
(ii) The Government processed a receiving report or other Government documentation authorizing payment and
there was no disagreement over quantity, quality, Contractor compliance with any contract term or condition, or
requested progress payment amount.
(iii) In the case of a final invoice for any balance of funds due the Contractor for work or services performed, the
amount was not subject to further contract settlement actions between the Government and the Contractor.
(4) Computing penalty amount. The Government will compute the interest penalty in accordance with the Office of
Management and Budget prompt payment regulations at 5 CFR part 1315.
(i) For the sole purpose of computing an interest penalty that might be due the Contractor for payments described in
paragraph (a)(1)(ii) of this clause, Government acceptance or approval is deemed to occur constructively on the 7th
day after the Contractor has completed the work or services in accordance with the terms and conditions of the
contract. If actual acceptance or approval occurs within the constructive acceptance or approval period, the
Government will base the determination of an interest penalty on the actual date of acceptance or approval.
Constructive acceptance or constructive approval requirements do not apply if there is a disagreement over quantity,
quality, or Contractor compliance with a contract provision. These requirements also do not compel Government
officials to accept work or services, approve Contractor estimates, perform contract administration functions, or
make payment prior to fulfilling their responsibilities.
(ii) The prompt payment regulations at 5 CFR 1315.10(c) do not require the Government to pay interest penalties if
payment delays are due to disagreement between the Government and the Contractor over the payment amount or
other issues involving contract compliance, or on amounts temporarily withheld or retained in accordance with the
terms of the contract. The Government and the Contractor shall resolve claims involving disputes, and any interest
that may be payable in accordance with the clause at FAR 52.233-1, Disputes.
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(5) Discounts for prompt payment. The designated payment office will pay an interest penalty automatically, without
request from the Contractor, if the Government takes a discount for prompt payment improperly. The Government
will calculate the interest penalty in accordance with the prompt payment regulations at 5 CFR part 1315.
(6) Additional interest penalty. (i) The designated payment office will pay a penalty amount, calculated in
accordance with the prompt payment regulations at 5 CFR part 1315 in addition to the interest penalty amount only
if-(A) The Government owes an interest penalty of $1 or more;
(B) The designated payment office does not pay the interest penalty within 10 days after the date the invoice amount
is paid; and
(C) The Contractor makes a written demand to the designated payment office for additional penalty payment, in
accordance with paragraph (a)(6)(ii) of this clause, postmarked not later than 40 days after the date the invoice
amount is paid.
(ii)(A) The Contractor shall support written demands for additional penalty payments with the following data. The
Government will not request any additional data. The Contractor shall-(1) Specifically assert that late payment interest is due under a specific invoice, and request payment of all overdue
late payment interest penalty and such additional penalty as may be required;
(2) Attach a copy of the invoice on which the unpaid late payment interest was due; and
(3) State that payment of the principal has been received, including the date of receipt.
(B) If there is no postmark or the postmark is illegible-(1) The designated payment office that receives the demand will annotate it with the date of receipt provided the
demand is received on or before the 40th day after payment was made; or
(2) If the designated payment office fails to make the required annotation, the Government will determine the
demand's validity based on the date the Contractor has placed on the demand, provided such date is no later than the
40th day after payment was made.
(b) Contract financing payments. If this contract provides for contract financing, the Government will make contract
financing payments in accordance with the applicable contract financing clause.
(c) Subcontract clause requirements. The Contractor shall include in each subcontract for property or services
(including a material supplier) for the purpose of performing this contract the following:
(1) Prompt payment for subcontractors. A payment clause that obligates the Contractor to pay the subcontractor for
satisfactory performance under its subcontract not later than 7 days from receipt of payment out of such amounts as
are paid to the Contractor under this contract.
(2) Interest for subcontractors. An interest penalty clause that obligates the Contractor to pay to the subcontractor an
interest penalty for each payment not made in accordance with the payment clause-(i) For the period beginning on the day after the required payment date and ending on the date on which payment of
the amount due is made; and
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(ii) Computed at the rate of interest established by the Secretary of the Treasury, and published in the Federal
Register, for interest payments under 41 U.S.C. 7109 in effect at the time the Contractor accrues the obligation to
pay an interest penalty.
(3) Subcontractor clause flowdown. A clause requiring each subcontractor to use:
(i) Include a payment clause and an interest penalty clause conforming to the standards set forth in paragraphs (c)(1)
and (c)(2) of this clause in each of its subcontracts; and
(ii) Require each of its subcontractors to include such clauses in their subcontracts with each lower-tier subcontractor
or supplier.
(d) Subcontract clause interpretation. The clauses required by paragraph (c) of this clause shall not be construed to
impair the right of the Contractor or a subcontractor at any tier to negotiate, and to include in their subcontract,
provisions that-(1) Retainage permitted. Permit the Contractor or a subcontractor to retain (without cause) a specified percentage of
each progress payment otherwise due to a subcontractor for satisfactory performance under the subcontract without
incurring any obligation to pay a late payment interest penalty, in accordance with terms and conditions agreed to by
the parties to the subcontract, giving such recognition as the parties deem appropriate to the ability of a subcontractor
to furnish a performance bond and a payment bond;
(2) Withholding permitted. Permit the Contractor or subcontractor to make a determination that part or all of the
subcontractor's request for payment may be withheld in accordance with the subcontract agreement; and
(3) Withholding requirements. Permit such withholding without incurring any obligation to pay a late payment
penalty if-(i) A notice conforming to the standards of paragraph (g) of this clause previously has been furnished to the
subcontractor; and
(ii) The Contractor furnishes to the Contracting Officer a copy of any notice issued by a Contractor pursuant to
paragraph (d)(3)(i) of this clause.
(e) Subcontractor withholding procedures. If a Contractor, after making a request for payment to the Government but
before making a payment to a subcontractor for the subcontractor's performance covered by the payment request,
discovers that all or a portion of the payment otherwise due such subcontractor is subject to withholding from the
subcontractor in accordance with the subcontract agreement, then the Contractor shall-(1) Subcontractor notice. Furnish to the subcontractor a notice conforming to the standards of paragraph (g) of this
clause as soon as practicable upon ascertaining the cause giving rise to a withholding, but prior to the due date for
subcontractor payment;
(2) Contracting Officer notice. Furnish to the Contracting Officer, as soon as practicable, a copy of the notice
furnished to the subcontractor pursuant to paragraph (e)(1) of this clause;
(3) Subcontractor progress payment reduction. Reduce the subcontractor's progress payment by an amount not to
exceed the amount specified in the notice of withholding furnished under paragraph (e)(1) of this clause;
(4) Subsequent subcontractor payment. Pay the subcontractor as soon as practicable after the correction of the
identified subcontract performance deficiency, and-(i) Make such payment within--
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(A) Seven days after correction of the identified subcontract performance deficiency (unless the funds therefor must
be recovered from the Government because of a reduction under paragraph
(e)(5)(i)) of this clause; or
(B) Seven days after the Contractor recovers such funds from the Government; or
(ii) Incur an obligation to pay a late payment interest penalty computed at the rate of interest established by the
Secretary of the Treasury, and published in the Federal Register, for interest payments under 41 U.S.C. 7109 in
effect at the time the Contractor accrues the obligation to pay an interest penalty;
(5) Notice to Contracting Officer. Notify the Contracting Officer upon-(i) Reduction of the amount of any subsequent certified application for payment; or
(ii) Payment to the subcontractor of any withheld amounts of a progress payment, specifying-(A) The amounts withheld under paragraph (e)(1) of this clause; and
(B) The dates that such withholding began and ended; and
(6) Interest to Government. Be obligated to pay to the Government an amount equal to interest on the withheld
payments (computed in the manner provided in 31 U.S.C. 3903(c)(1)), from the 8th day after receipt of the withheld
amounts from the Government until-(i) The day the identified subcontractor performance deficiency is corrected; or
(ii) The date that any subsequent payment is reduced under paragraph (e)(5)(i) of this clause.
(f) Third-party deficiency reports—
(1) Withholding from subcontractor. If a Contractor, after making payment to a first-tier subcontractor, receives from
a supplier or subcontractor of the first-tier subcontractor (hereafter referred to as a “second-tier subcontractor”) a
written notice in accordance with 40 U.S.C. 3133, asserting a deficiency in such first-tier subcontractor's
performance under the contract for which the Contractor may be ultimately liable, and the Contractor determines that
all or a portion of future payments otherwise due such first-tier subcontractor is subject to withholding in accordance
with the subcontract agreement, the Contractor may, without incurring an obligation to pay an interest penalty under
paragraph (e)(6) of this clause-(i) Furnish to the first-tier subcontractor a notice conforming to the standards of paragraph (g) of this clause as soon
as practicable upon making such determination; and
(ii) Withhold from the first-tier subcontractor's next available progress payment or payments an amount not to
exceed the amount specified in the notice of withholding furnished under paragraph (f)(1)(i) of this clause.
(2) Subsequent payment or interest charge. As soon as practicable, but not later than 7 days after receipt of
satisfactory written notification that the identified subcontract performance deficiency has been corrected, the
Contractor shall-(i) Pay the amount withheld under paragraph (f)(1)(ii) of this clause to such first-tier subcontractor; or
(ii) Incur an obligation to pay a late payment interest penalty to such first-tier subcontractor computed at the rate of
interest established by the Secretary of the Treasury, and published in the Federal Register, for interest payments
under section 12 of 41 U.S.C. 7109 in effect at the time the Contractor accrues the obligation to pay an interest
penalty.
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(g) Written notice of subcontractor withholding. The Contractor shall issue a written notice of any withholding to a
subcontractor (with a copy furnished to the Contracting Officer), specifying-(1) The amount to be withheld;
(2) The specific causes for the withholding under the terms of the subcontract; and
(3) The remedial actions to be taken by the subcontractor in order to receive payment of the amounts withheld.
(h) Subcontractor payment entitlement. The Contractor may not request payment from the Government of any
amount withheld or retained in accordance with paragraph (d) of this clause until such time as the Contractor has
determined and certified to the Contracting Officer that the subcontractor is entitled to the payment of such amount.
(i) Prime-subcontractor disputes. A dispute between the Contractor and subcontractor relating to the amount or
entitlement of a subcontractor to a payment or a late payment interest penalty under a clause included in the
subcontract pursuant to paragraph (c) of this clause does not constitute a dispute to which the Government is a party.
The Government may not be interpleaded in any judicial or administrative proceeding involving such a dispute.
(j) Preservation of prime-subcontractor rights. Except as provided in paragraph (i) of this clause, this clause shall not
limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or a
subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor or deficient
subcontract performance or nonperformance by a subcontractor.
(k) Non-recourse for prime contractor interest penalty. The Contractor's obligation to pay an interest penalty to a
subcontractor pursuant to the clauses included in a subcontract under paragraph (c) of this clause shall not be
construed to be an obligation of the Government for such interest penalty. A cost-reimbursement claim may not
include any amount for reimbursement of such interest penalty.
(l) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the
Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-(1) Remit the overpayment amount to the payment office cited in the contract along with a description of the
overpayment including the-(i) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of
overpayment);
(ii) Affected contract number and delivery order number if applicable;
(iii) Affected contract line item or subline item, if applicable; and
(iv) Contractor point of contact.
(2) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(End of clause)
52.232-33
PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD MANAGEMENT
(JULY 2013)
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(a) Method of payment. (1) All payments by the Government under this contract shall be made by electronic funds
transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term “EFT” refers to
the funds transfer and may also include the payment information transfer.
(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either-(i) Accept payment by check or some other mutually agreeable method of payment; or
(ii) Request the Government to extend the payment due date until such time as the Government can make payment by
EFT (but see paragraph (d) of this clause).
(b) Contractor's EFT information. The Government shall make payment to the Contractor using the EFT information
contained in the System for Award Management (SAM) database. In the event that the EFT information changes, the
Contractor shall be responsible for providing the updated information to the SAM database.
(c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated
Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the
Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR part
210.
(d) Suspension of payment. If the Contractor's EFT information in the SAM database is incorrect, then the
Government need not make payment to the Contractor under this contract until correct EFT information is entered
into the SAM database; and any invoice or contract financing request shall be deemed not to be a proper invoice for
the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an
improper invoice and delays in accrual of interest penalties apply.
(e) Liability for uncompleted or erroneous transfers. (1) If an uncompleted or erroneous transfer occurs because the
Government used the Contractor's EFT information incorrectly, the Government remains responsible for-(i) Making a correct payment;
(ii) Paying any prompt payment penalty due; and
(iii) Recovering any erroneously directed funds.
(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was
revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve
System, and-(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made
payment and the Contractor is responsible for recovery of any erroneously directed funds; or
(ii) If the funds remain under the control of the payment office, the Government shall not make payment, and the
provisions of paragraph (d) of this clause shall apply.
(f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with
the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal
Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date,
provided the specified payment date is a valid date under the rules of the Federal Reserve System.
(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the
assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that
the assignee shall register separately in the SAM database and shall be paid by EFT in accordance with the terms of
this clause. Notwithstanding any other requirement of this contract, payment to an ultimate recipient other than the
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Contractor, or a financial institution properly recognized under an assignment of claims pursuant to subpart 32.8, is
not permitted. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor.
EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a
proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of
paragraph (d) of this clause.
(h) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from
changes to EFT information made by the Contractor's financial agent.
(i) Payment information. The payment or disbursing office shall forward to the Contractor available payment
information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve
System. The Government may request the Contractor to designate a desired format and method(s) for delivery of
payment information from a list of formats and methods the payment office is capable of executing. However, the
Government does not guarantee that any particular format or method of delivery is available at any particular
payment office and retains the latitude to use the format and delivery method most convenient to the Government. If
the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail
the payment information to the remittance address contained in the SAM database.
(End of Clause)
52.233-1
DISPUTES. (MAY 2014)
(a) This contract is subject to 41 U.S.C. chapter 71, Contract Disputes.
(b) Except as provided in 41 U.S.C. chapter 71, all disputes arising under or relating to this contract shall be resolved
under this clause.
(c) “Claim,” as used in this clause, means a written demand or written assertion by one of the contracting parties
seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract
terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the
Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified. A voucher,
invoice, or other routine request for payment that is not in dispute when submitted is not a claim under 41 U.S.C.
chapter 71. The submission may be converted to a claim under the Act, by complying with the submission and
certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a
reasonable time.
(d)(1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted
within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government
against the Contractor shall be subject to a written decision by the Contracting Officer.
(2)(i) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting
any claim exceeding $100,000.
(ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part
of a claim.
(iii) The certification shall state as follows: “I certify that the claim is made in good faith; that the supporting data are
accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the
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contract adjustment for which the Contractor believes the Government is liable; and that I am authorized to certify
the claim on behalf of the Contractor.”
(3) The certification may be executed by any person authorized to bind the Contractor with respect to the claim.
(e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor,
render a decision within 60 days of the request. For Contractor-certified claims over $100,000, the Contracting
Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be
made.
(f) The Contracting Officer’s decision shall be final unless the Contractor appeals or files a suit as provided in 41
U.S.C. chapter 71.
(g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented
to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR). If the
Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the
Contractor’s specific reasons for rejecting the offer.
(h) The Government shall pay interest on the amount found due and unpaid from (1) the date that the Contracting
Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is
later, until the date of payment. With regard to claims having defective certifications, as defined in FAR 33.201,
interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims
shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the
period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month
period as fixed by the Treasury Secretary during the pendency of the claim.
(i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request
for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting
Officer.
(End of clause)
52.233-3
PROTEST AFTER AWARD (AUG. 1996)
(a) Upon receipt of a notice of protest (as defined in FAR 33.101) or a determination that a protest is likely (see FAR
33.102(d)), the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop
performance of the work called for by this contract. The order shall be specifically identified as a stop-work order
issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take
all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period
of work stoppage. Upon receipt of the final decision in the protest, the Contracting Officer shall either--
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(1) Cancel the stop-work order; or
(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the
Government, clause of this contract.
(b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the
Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule
or contract price, or both, and the contract shall be modified, in writing, accordingly, if-(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable
to, the performance of any part of this contract; and
(2) The Contractor asserts its right to an adjustment within 30 days after the end of the period of work stoppage;
provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and
act upon a proposal at any time before final payment under this contract.
(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the
Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at
the termination settlement.
(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting
Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.
(e) The Government's rights to terminate this contract at any time are not affected by action taken under this clause.
(f) If, as the result of the Contractor's intentional or negligent misstatement, misrepresentation, or miscertification, a
protest related to this contract is sustained, and the Government pays costs, as provided in FAR 33.102(b)(2) or
33.104(h)(1), the Government may require the Contractor to reimburse the Government the amount of such costs. In
addition to any other remedy available, and pursuant to the requirements of Subpart 32.6, the Government may
collect this debt by offsetting the amount against any payment due the Contractor under any contract between the
Contractor and the Government.
(End of clause)
52.233-4
APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
United States law will apply to resolve any claim of breach of this contract.
(End of clause)
52.236-2
DIFFERING SITE CONDITIONS (APR 1984)
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(a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting
Officer of
(1) subsurface or latent physical conditions at the site which differ materially from those indicated in this contract, or
(2) unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily
encountered and generally recognized as inhering in work of the character provided for in the contract.
(b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. If the conditions
do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for,
performing any part of the work under this contract, whether or not changed as a result of the conditions, an
equitable adjustment shall be made under this clause and the contract modified in writing accordingly.
(c) No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless
the Contractor has given the written notice required; provided, that the time prescribed in (a) above for giving written
notice may be extended by the Contracting Officer.
(d) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be
allowed if made after final payment under this contract.
(End of clause)
52.236-3
SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)
(a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of
the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the
work or its cost, including but not limited to
(1) conditions bearing upon transportation, disposal, handling, and storage of materials;
(2) the availability of labor, water, electric power, and roads;
(3) uncertainties of weather, river stages, tides, or similar physical conditions at the site;
(4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed
preliminary to and during work performance. The Contractor also acknowledges that it has satisfied itself as to the
character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this
information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the
Government, as well as from the drawings and specifications made a part of this contract. Any failure of the
Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from
responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding
to successfully perform the work without additional expense to the Government.
(b) The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based
on the information made available by the Government. Nor does the Government assume responsibility for any
understanding reached or representation made concerning conditions which can affect the work by any of its officers
or agents before the execution of this contract, unless that understanding or representation is expressly stated in this
contract.
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(End of clause)
52.236-4
PHYSICAL DATA (APR 1984)
Data and information furnished or referred to below is for the Contractor's information. The Government shall not
be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.
(a) The indications of physical conditions on the drawings and in the specifications are the result of as specified per
individual Task Order
(b) deleted
(c) Transportation facilities: Roads and railroads in the general area are shown on the drawings. Access ways shall
be investigated by the Contractor to satisfy itself as to their existence and allowable use..
(d) For additional pertinent information see Section 00 73 05, paragraph ADDITIONAL PHYSICAL DATA
CLAUSE INFORMATION.
(End of clause)
52.236-5
MATERIAL AND WORKMANSHIP (APR 1984)
(a) All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the
most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in
the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number,
shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The
Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting
Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract.
(b) The Contractor shall obtain the Contracting Officer's approval of the machinery and mechanical and other
equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the
Contracting Officer the name of the manufacturer, the model number, and other information concerning the
performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by
this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officer's approval of the
material or articles which the Contractor contemplates incorporating into the work. When requesting approval, the
Contractor shall provide full information concerning the material or articles. When directed to do so, the Contractor
shall submit samples for approval at the Contractor's expense, with all shipping charges prepaid. Machinery,
equipment, material, and articles that do not have the required approval shall be installed or used at the risk of
subsequent rejection.
(c) All work under this contract shall be performed in a skillful and workmanlike manner. The Contracting Officer
may require, in writing, that the Contractor remove from the work any employee the Contracting Officer deems
incompetent, careless, or otherwise objectionable.
(End of clause)
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52.236-6
SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)
At all times during performance of this contract and until the work is completed and accepted, the Contractor shall
directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to
the Contracting Officer and has authority to act for the Contractor.
(End of clause)
52.236-7
PERMITS AND RESPONSIBILITIES (NOV 1991)
The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary
licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations
applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or
property that occur as a result of the Contractor's fault or negligence. The Contractor shall also be responsible for all
materials delivered and work performed until completion and acceptance of the entire work, except for any
completed unit of work which may have been accepted under the contract.
(End of clause)
52.236-8
OTHER CONTRACTS (APR 1984)
The Government may undertake or award other contracts for additional work at or near the site of the work under
this contract. The Contractor shall fully cooperate with the other contractors and with Government employees and
shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work,
heeding any direction that may be provided by the Contracting Officer. The Contractor shall not commit or permit
any act that will interfere with the performance of work by any other contractor or by Government employees.
(End of clause)
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52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND
IMPROVEMENTS (APR 1984)
(a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and
grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the
work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and
shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during
contract performance, or by the careless operation of equipment, or by workmen, the Contractor shall trim those
limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by the Contracting
Officer.
(b) The Contractor shall protect from damage all existing improvements and utilities
(1) at or near the work site, and
(2) on adjacent property of a third party, the locations of which are made known to or should be known by the
Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third
party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in
performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may
have the necessary work performed and charge the cost to the Contractor.
(End of clause)
52.236-10
OPERATIONS AND STORAGE AREAS (APR 1984)
(a) The Contractor shall confine all operations (including storage of materials) on Government premises to areas
authorized or approved by the Contracting Officer. The Contractor shall hold and save the Government, its officers
and agents, free and harmless from liability of any nature occasioned by the Contractor's performance.
(b) Temporary buildings (e.g., storage sheds, shops, offices) and utilities may be erected by the Contractor only with
the approval of the Contracting Officer and shall be built with labor and materials furnished by the Contractor
without expense to the Government. The temporary buildings and utilities shall remain the property of the
Contractor and shall be removed by the Contractor at its expense upon completion of the work. With the written
consent of the Contracting Officer, the buildings and utilities may be abandoned and need not be removed.
(c) The Contractor shall, under regulations prescribed by the Contracting Officer, use only established roadways, or
use temporary roadways constructed by the Contractor when and as authorized by the Contracting Officer. When
materials are transported in prosecuting the work, vehicles shall not be loaded beyond the loading capacity
recommended by the manufacturer of the vehicle or prescribed by any Federal, State, or local law or regulation.
When it is necessary to cross curbs or sidewalks, the Contractor shall protect them from damage. The Contractor
shall repair or pay for the repair of any damaged curbs, sidewalks, or roads.
(End of clause)
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52.236-11
USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)
(a) The Government shall have the right to take possession of or use any completed or partially completed part of the
work. Before taking possession of or using any work, the Contracting Officer shall furnish the Contractor a list of
items of work remaining to be performed or corrected on those portions of the work that the Government intends to
take possession of or use. However, failure of the Contracting Officer to list any item of work shall not relieve the
Contractor of responsibility for complying with the terms of the contract. The Government's possession or use shall
not be deemed an acceptance of any work under the contract.
(b) While the Government has such possession or use, the Contractor shall be relieved of the responsibility for the
loss of or damage to the work resulting from the Government's possession or use, notwithstanding the terms of the
clause in this contract entitled "Permits and Responsibilities." If prior possession or use by the Government delays
the progress of the work or causes additional expense to the Contractor, an equitable adjustment shall be made in the
contract price or the time of completion, and the contract shall be modified in writing accordingly.
(End of clause)
52.236-12
CLEANING UP (APR 1984)
The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste
materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools,
scaffolding, equipment, and materials that are not the property of the Government. Upon completing the work, the
Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer.
(End of clause)
52.236-13
ACCIDENT PREVENTION (NOV 1991) – ALTERNATE I (NOV 1991)
(a) The Contractor shall provide and maintain work environments and procedures which will
(1) safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to
Contractor operations and activities;
(2) avoid interruptions of Government operations and delays in project completion dates; and
(3) control costs in the performance of this contract.
(b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the
Contractor shall-
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(1) Provide appropriate safety barricades, signs, and signal lights;
(2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910; and
(3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the
purposes are taken.
(c) If this contract is for construction or dismantling, demolition or removal of improvements with any Department
of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of
U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the
solicitation.
(d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any
condition which poses a serious or imminent danger to the health or safety of the public or Government personnel,
the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation
of corrective action. This notice, when delivered to the Contractor or the Contractor's representative at the work site,
shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the
notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take
corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory
corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract
price or extension of the performance schedule on any stop work order issued under this clause.
(e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation
of the parties, in subcontracts.
(f) Before commencing the work, the Contractor shall(1) Submit a written proposed plan for implementing this clause. The plan shall include an analysis of the
significant hazards to life, limb, and property inherent in contract work performance and a plan for controlling these
hazards; and
(2) Meet with representatives of the Contracting Officer to discuss and develop a mutual understanding relative to
administration of the overall safety program.
(End of clause)
52.236-15
SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)
(a) The Contractor shall, within five days after the work commences on the contract or another period of time
determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a
practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on
which the Contractor contemplates starting and completing the several salient features of the work (including
acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to
indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the
Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of
progress payments until the Contractor submits the required schedule.
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(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing
so shall immediately deliver three copies of the annotated schedule to the Contracting Officer. If, in the opinion of
the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary
to improve its progress, including those that may be required by the Contracting Officer, without additional cost to
the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of
shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any
supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how
the approved rate of progress will be regained.
(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be
grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient
diligence to ensure completion within the time specified in the contract. Upon making this determination, the
Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part of it, in
accordance with the default terms of this contract.
(End of clause)
52.236-17
LAYOUT OF WORK (APR 1984)
The Contractor shall lay out its work from Government established base lines and bench marks indicated on the
drawings, and shall be responsible for all measurements in connection with the layout. The Contractor shall furnish,
at its own expense, all stakes, templates, platforms, equipment, tools, materials, and labor required to lay out any part
of the work. The Contractor shall be responsible for executing the work to the lines and grades that may be
established or indicated by the Contracting Officer. The Contractor shall also be responsible for maintaining and
preserving all stakes and other marks established by the Contracting Officer until authorized to remove them. If such
marks are destroyed by the Contractor or through its negligence before their removal is authorized, the Contracting
Officer may replace them and deduct the expense of the replacement from any amounts due or to become due to the
Contractor.
(End of clause)
52.236-21
SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)
(a) The Contractor shall keep on the work site a copy of the drawings and specifications and shall at all times give
the Contracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings, or
shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in
both. In case of difference between drawings and specifications, the specifications shall govern. In case of
discrepancy in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the
Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without
such a determination shall be at its own risk and expense. The Contracting Officer shall furnish from time to time
such detailed drawings and other information as considered necessary, unless otherwise provided.
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(b) 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 understood that the "direction", "requirement", "order",
"designation", or "prescription", of the Contracting Officer is intended and similarly the words "approved",
"acceptable", "satisfactory", or words of like import shall mean "approved by," or "acceptable to", or "satisfactory
to" the Contracting Officer, unless otherwise expressly stated.
(c) Where "as shown," as indicated", "as detailed", or words of similar import are used, it shall be understood that
the reference is made to the drawings accompanying this contract unless stated otherwise. The word "provided" as
used herein shall be understood to mean "provide complete in place," that is "furnished and installed".
(d) Shop drawings means drawings, submitted to the Government by the Contractor, subcontractor, or any lower tier
subcontractor pursuant to a construction contract, showing in detail (1) the proposed fabrication and assembly of
structural elements, and (2) the installation (i.e., fit, and attachment details) of materials or equipment. It includes
drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data,
and similar materials furnished by the contractor to explain in detail specific portions of the work required by the
contract. The Government may duplicate, use, and disclose in any manner and for any purpose shop drawings
delivered under this contract.
(e) If this contract requires shop drawings, the Contractor shall coordinate all such drawings, and review them for
accuracy, completeness, and compliance with contract requirements and shall indicate its approval thereon as
evidence of such coordination and review. Shop drawings submitted to the Contracting Officer without evidence of
the Contractor's approval may be returned for resubmission. The Contracting Officer will indicate an approval or
disapproval of the shop drawings and if not approved as submitted shall indicate the Government's reasons therefor.
Any work done before such approval shall be at the Contractor's risk. Approval by the Contracting Officer shall not
relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for
complying with the requirements of this contract, except with respect to variations described and approved in
accordance with (f) below.
(f) If shop drawings show variations from the contract requirements, the Contractor shall describe such variations in
writing, separate from the drawings, at the time of submission. If the Contracting Officer approves any such
variation, the Contracting Officer shall issue an appropriate contract modification, except that, if the variation is
minor or does not involve a change in price or in time of performance, a modification need not be issued.
(g) The Contractor shall submit to the Contracting Officer for approval four copies (unless otherwise indicated) of all
shop drawings as called for under the various headings of these specifications. Three sets (unless otherwise
indicated) of all shop drawings, will be retained by the Contracting Officer and one set will be returned to the
Contractor.
(End of clause)
52.236-26
PRECONSTRUCTION CONFERENCE (FEB 1995)
If the Contracting Officer decides to conduct a preconstruction conference, the successful offeror will be notified and
will be required to attend. The Contracting Officer's notification will include specific details regarding the date, time,
and location of the conference, any need for attendance by subcontractors, and information regarding the items to be
discussed.
(End of clause)
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52.242-13
BANKRUPTCY (JUL 1995)
In the event the Contractor enters into proceedings relating to bankruptcy, whether voluntary or involuntary, the
Contractor agrees to furnish, by certified mail or electronic commerce method authorized by the contract, written
notification of the bankruptcy to the Contracting Officer responsible for administering the contract. This notification
shall be furnished within five days of the initiation of the proceedings relating to bankruptcy filing. This notification
shall include the date on which the bankruptcy petition was filed, the identity of the court in which the bankruptcy
petition was filed, and a listing of Government contract numbers and contracting offices for all Government contracts
against which final payment has not been made. This obligation remains in effect until final payment under this
contract.
(End of clause)
52.242-14
SUSPENSION OF WORK (APR 1984)
(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the
work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience
of the Government.
(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or
interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting
Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an
adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily
caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly.
However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that
performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or
negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term
or condition of this contract.
(c) A claim under this clause shall not be allowed—
(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in
writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a
suspension order); and
(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the
suspension, delay, or interruption, but not later than the date of final payment under the contract.
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(End of clause)
52.243-4
CHANGES (JUN 2007)
(a) The Contracting Officer may, at any time, without notice to the sureties, if any, by written order designated or
indicated to be a change order, make changes in the work within the general scope of the contract, including
changes-(1) In the specifications (including drawings and designs);
(2) In the method or manner of performance of the work;
(3) In the Government-furnished property or services; or
(4) Directing acceleration in the performance of the work.
(b) Any other written or oral order (which, as used in this paragraph (b), includes direction, instruction,
interpretation, or determination) from the Contracting Officer that causes a change shall be treated as a change order
under this clause; provided, that the Contractor gives the Contracting Officer written notice stating
(1) the date, circumstances, and source of the order and
(2) that the Contractor regards the order as a change order.
(c) Except as provided in this clause, no order, statement, or conduct of the Contracting Officer shall be treated as a
change under this clause or entitle the Contractor to an equitable adjustment.
(d) If any change under this clause causes an increase or decrease in the Contractor's cost of, or the time required for,
the performance of any part of the work under this contract, whether or not changed by any such order, the
Contracting Officer shall make an equitable adjustment and modify the contract in writing. However, except for an
adjustment based on defective specifications, no adjustment for any change under paragraph (b) of this clause shall
be made for any costs incurred more than 20 days before the Contractor gives written notice as required. In the case
of defective specifications for which the Government is responsible, the equitable adjustment shall include any
increased cost reasonably incurred by the Contractor in attempting to comply with the defective specifications.
(e) The Contractor must assert its right to an adjustment under this clause within 30 days after
(1) receipt of a written change order under paragraph (a) of this clause or (2) the furnishing of a written notice under
paragraph (b) of this clause, by submitting to the Contracting Officer a written statement describing the general
nature and amount of the proposal, unless this period is extended by the Government. The statement of proposal for
adjustment may be included in the notice under paragraph (b) above.
(f) No proposal by the Contractor for an equitable adjustment shall be allowed if asserted after final payment under
this contract.
(End of clause)
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52.244-6
SUBCONTRACTS FOR COMMERCIAL ITEMS (MAY 2014)
(a) Definitions.
"Commercial item", has the meaning contained in Federal Acquisition Regulation 2.101, Definitions.
"Subcontract", includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor
or subcontractor at any tier.
(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to
incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract.
(c) (1) The Contractor shall insert the following clauses in subcontracts for commercial items:
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C. 3509), if the subcontract
exceeds $5,000,000 and has a performance period of more than 120 days. In altering this clause to identify the
appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be
directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.
(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010)
(Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.
(iii) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)), if the subcontract
offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns)
exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include
52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212(a));
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).
(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496),
if flow down is required in accordance with paragraph (f) of FAR clause 52.222-40.
(viii) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
(ix) 52.225-26, Contractors Performing Private Security Functions Outside the United States Jul 2013) (Section 862,
as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(x) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013), if flow down is
required in accordance with paragraph (c) of FAR clause 52.232-40.
(xi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241
and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of
additional clauses necessary to satisfy its contractual obligations.
(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under
this contract.
(End of clause)
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52.246-12
INSPECTION OF CONSTRUCTION (AUG 1996)
(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of
components.
(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the
work performed under the contract conforms to contract requirements. The Contractor shall maintain complete
inspection records and make them available to the Government. All work shall be conducted under the general
direction of the Contracting Officer and is subject to Government inspection and test at all places and at all
reasonable times before acceptance to ensure strict compliance with the terms of the contract.
(c) Government inspections and tests are for the sole benefit of the Government and do not-(1) Relieve the Contractor of responsibility for providing adequate quality control measures;
(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;
(3) Constitute or imply acceptance; or
(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of
this section.
(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract
requirement, nor is the inspector authorized to change any term or condition of the specification without the
Contracting Officer's written authorization.
(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material
reasonably needed for performing such safe and convenient inspections and tests as may be required by the
Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when
work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes
reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not
unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the
contract.
(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to
contract requirements, unless in the public interest the Government consents to accept the work with an appropriate
adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the
premises.
(g) If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or
otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the
Contractor's right to proceed.
(h) If, before acceptance of the entire work, the Government decides to examine already completed work by
removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and
material. If the work is found to be defective or nonconforming in any material respect due to the fault of the
Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory
reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an
equitable adjustment for the additional services involved in the examination and reconstruction, including, if
completion of the work was thereby delayed, an extension of time.
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(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after
completion and inspection, all work required by the contract or that portion of the work the Contracting Officer
determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud,
gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.
(End of clause)
52.246-21
WARRANTY OF CONSTRUCTION (MAR 1994)
(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of
this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in
equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or
supplier at any tier.
(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the
Government takes possession of any part of the work before final acceptance, this warranty shall continue for a
period of 1 year from the date the Government takes possession.
(c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the
Contractor shall remedy at the Contractor's expense any damage to Government-owned or controlled real or personal
property, when that damage is the result of-(1) The Contractor's failure to conform to contract requirements; or
(2) Any defect of equipment, material, workmanship, or design furnished.
(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The
Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or
replacement.
(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any
failure, defect, or damage.
(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the
Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the
Contractor's expense.
(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work
performed and materials furnished under this contract, the Contractor shall-(1) Obtain all warranties that would be given in normal commercial practice;
(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting
Officer; and
(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.
(h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Government may bring
suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty.
(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier 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 that results from any defect in Government-furnished material or design.
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(j) This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract
with respect to latent defects, gross mistakes, or fraud.
(End of clause)
52.248-3
VALUE ENGINEERING--CONSTRUCTION (OCT 2010)
(a) General. The Contractor is encouraged to develop, prepare, and submit value engineering change proposals
(VECP's) voluntarily. The Contractor shall share in any instant contract savings realized from accepted VECP's, in
accordance with paragraph (f) below.
(b) Definitions. "Collateral costs," as used in this clause, means agency costs of operation, maintenance, logistic
support, or Government-furnished property.
"Collateral savings," as used in this clause, means those measurable net reductions resulting from a VECP in the
agency's overall projected collateral costs, exclusive of acquisition savings, whether or not the acquisition cost
changes.
"Contractor's development and implementation costs," as used in this clause, means those costs the Contractor incurs
on a VECP specifically in developing, testing, preparing, and submitting the VECP, as well as those costs the
Contractor incurs to make the contractual changes required by Government acceptance of a VECP.
"Government costs," as used in this clause, means those agency costs that result directly from developing and
implementing the VECP, such as any net increases in the cost of testing, operations, maintenance, and logistic
support. The term does not include the normal administrative costs of processing the VECP.
"Instant contract savings," as used in this clause, means the estimated reduction in Contractor cost of performance
resulting from acceptance of the VECP, minus allowable Contractor's development and implementation costs,
including subcontractors' development and implementation costs (see paragraph (h) below).
"Value engineering change proposal (VECP)" means a proposal that-(1) Requires a change to this, the instant contract, to implement; and
(2) Results in reducing the contract price or estimated cost without impairing essential functions or characteristics;
provided, that it does not involve a change-(i) In deliverable end item quantities only; or
(ii) To the contract type only.
(c) VECP preparation. As a minimum, the Contractor shall include in each VECP the information described in
subparagraphs(c) (1) through (7) below. If the proposed change is affected by contractually required configuration
management or similar procedures, the instructions in those procedures relating to format, identification, and priority
assignment shall govern VECP preparation. The VECP shall include the following:
(1) A description of the difference between the existing contract requirement and that proposed, the comparative
advantages and disadvantages of each, a justification when an item's function or characteristics are being altered, and
the effect of the change on the end item's performance.
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(2) A list and analysis of the contract requirements that must be changed if the VECP is accepted, including any
suggested specification revisions.
(3) A separate, detailed cost estimate for
(i) the affected portions of the existing contract requirement and
(ii) the VECP. The cost reduction associated with the VECP shall take into account the Contractor's allowable
development and implementation costs, including any amount attributable to subcontracts under paragraph (h)
below.
(4) A description and estimate of costs the Government may incur in implementing the VECP, such as test and
evaluation and operating and support costs.
(5) A prediction of any effects the proposed change would have on collateral costs to the agency.
(6) A statement of the time by which a contract modification accepting the VECP must be issued in order to achieve
the maximum cost reduction, noting any effect on the contract completion time or delivery schedule.
(7) Identification of any previous submissions of the VECP, including the dates submitted, the agencies and contract
numbers involved, and previous Government actions, if known.
(d) Submission. The Contractor shall submit VECP's to the Resident Engineer at the worksite, with a copy to the
(e) Government action.
(1) The Contracting Officer will notify the Contractor of the status of the VECP within 45 calendar days after the
contracting office receives it. If additional time is required, the Contracting Officer will notify the Contractor within
the 45-day period and provide the reason for the delay and the expected date of the decision. The Government will
process VECP's expeditiously; however, it shall not be liable for any delay in acting upon a VECP.
If the VECP is not accepted, the Contracting Officer will notify the Contractor in writing, explaining the reasons for
rejection. The Contractor may withdraw any VECP, in whole or in part, at any time before it is accepted by the
Government. The Contracting Officer may require that the Contractor provide written notification before
undertaking significant expenditures for VECP effort.
Any VECP may be accepted, in whole or in part, by the Contracting Officer's award of a modification to this contract
citing this clause. The Contracting Officer may accept the VECP, even though an agreement on price reduction has
not been reached, by issuing the Contractor a notice to proceed with the change. Until a notice to proceed is issued
or a contract modification applies a VECP to this contract, the Contractor shall perform in accordance with the
existing contract. The decision to accept or reject all or part of any VECP is a unilateral decision made solely at the
discretion of the Contracting Officer.
(f) Sharing.
(1) Rates. The Government's share of savings is determined by subtracting Government costs from instant contract
savings and multiplying the result by
(i) 45 percent for fixed-price contracts or
(ii) 75 percent for cost-reimbursement contracts.
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(2) Payment. Payment of any share due the Contractor for use of a VECP on this contract shall be authorized by a
modification to this contract to-(i) Accept the VECP;
(ii) Reduce the contract price or estimated cost by the amount of instant contract savings; and
(iii) Provide the Contractor's share of savings by adding the amount calculated to the contract price or fee.
(g) Collateral savings. If a VECP is accepted, the Contracting Officer will increase the instant contract amount by 20
percent of any projected collateral savings determined to be realized in a typical year of use after subtracting any
Government costs not previously offset. However, the Contractor's share of collateral savings will not exceed the
contract's firm-fixed-price or estimated cost, at the time the VECP is accepted, or $100,000, whichever is greater.
The Contracting Officer is the sole determiner of the amount of collateral savings.
(h) Subcontracts. The Contractor shall include an appropriate value engineering clause in any subcontract of
$65,000 or more and may include one in subcontracts of lesser value. In computing any adjustment in this contract's
price under paragraph (f) above, the Contractor's allowable development and implementation costs shall include any
subcontractor's allowable development and implementation costs clearly resulting from a VECP accepted by the
Government under this contract, but shall exclude any value engineering incentive payments to a subcontractor. The
Contractor may choose any arrangement for subcontractor value engineering incentive payments; provided, that
these payments shall not reduce the Government's share of the savings resulting from the VECP.
(i) Data. The Contractor may restrict the Government's right to use any part of a VECP or the supporting data by
marking the following legend on the affected parts:
"These data, furnished under the Value Engineering-- Construction clause of contract . . . . . . . . . . , shall not be
disclosed outside the Government or duplicated, used, or disclosed, in whole or in part, for any purpose other than to
evaluate a value engineering change proposal submitted under the clause. This restriction does not limit the
Government's right to use information contained in these data if it has been obtained or is otherwise available from
the Contractor or from another source without limitations." If a VECP is accepted, the Contractor hereby grants the
Government unlimited rights in the VECP and supporting data, except that, with respect to data qualifying and
submitted as limited rights technical data, the Government shall have the rights specified in the contract modification
implementing the VECP and shall appropriately mark the data. (The terms "unlimited rights" and "limited rights"
are defined in Part 27 of the Federal Acquisition Regulation.)
(End of clause)
52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012) ALTERNATE I (SEP 1996)
(a) The Government may terminate performance of work under this contract in whole or, from time to time, in part if
the Contracting Officer determines that a termination is in the Government's interest. The Contracting Officer shall
terminate by delivering to the Contractor a Notice of Termination specifying the extent of termination and the
effective date.
(b) After receipt of a Notice of Termination, and except as directed by the Contracting Officer, the Contractor shall
immediately proceed with the following obligations, regardless of any delay in determining or adjusting any amounts
due under this clause:
(1) Stop work as specified in the notice.
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(2) Place no further subcontracts or orders (referred to as subcontracts in this clause) for materials, services, or
facilities, except as necessary to complete the continued portion of the contract.
(3) Terminate all subcontracts to the extent they relate to the work terminated.
(4) Assign to the Government, as directed by the Contracting Officer, all right, title, and interest of the Contractor
under the subcontracts terminated, in which case the Government shall have the right to settle or to pay any
termination settlement proposal arising out of those terminations.
(5) With approval or ratification to the extent required by the Contracting Officer, settle all outstanding liabilities and
termination settlement proposals arising from the termination of subcontracts; the approval or ratification will be
final for purposes of this clause.
(6) As directed by the Contracting Officer, transfer title and deliver to the Government (i) the fabricated or
unfabricated parts, work in process, completed work, supplies, and other material produced or acquired for the work
terminated, and (ii) the completed or partially completed plans, drawings, information, and other property that, if the
contract had been completed, would be required to be furnished to the Government.
(7) Complete performance of the work not terminated.
(8) Take any action that may be necessary, or that the Contracting Officer may direct, for the protection and
preservation of the property related to this contract that is in the possession of the Contractor and in which the
Government has or may acquire an interest.
(9) Use its best efforts to sell, as directed or authorized by the Contracting Officer, any property of the types referred
to in subparagraph (b)(6) of this clause; provided, however, that the Contractor (i) is not required to extend credit to
any purchaser and (ii) may acquire the property under the conditions prescribed by, and at prices approved by, the
Contracting Officer. The proceeds of any transfer or disposition will be applied to reduce any payments to be made
by the Government under this contract, credited to the price or cost of the work, or paid in any other manner directed
by the Contracting Officer.
(c) The Contractor shall submit complete termination inventory schedules no later than 120 days from the effective
date of termination, unless extended in writing by the Contracting Officer upon written request of the Contractor
within this 120-day period.
(d) After expiration of the plant clearance period as defined in Subpart 49.001 of the Federal Acquisition Regulation,
the Contractor may submit to the Contracting Officer a list, certified as to quantity and quality, of termination
inventory not previously disposed of, excluding items authorized for disposition by the Contracting Officer. The
Contractor may request the Government to remove those items or enter into an agreement for their storage. Within
15 days, the Government will accept title to those items and remove them or enter into a storage agreement. The
Contracting Officer may verify the list upon removal of the items, or if stored, within 45 days from submission of the
list, and shall correct the list, as necessary, before final settlement.
(e) After termination, the Contractor shall submit a final termination settlement proposal to the Contracting Officer in
the form and with the certification prescribed by the Contracting Officer. The Contractor shall submit the proposal
promptly, but no later than 1 year from the effective date of termination, unless extended in writing by the
Contracting Officer upon written request of the Contractor within this 1-year period. However, if the Contracting
Officer determines that the facts justify it, a termination settlement proposal may be received and acted on after 1
year or any extension. If the Contractor fails to submit the proposal within the time allowed, the Contracting Officer
may determine, on the basis of information available, the amount, if any, due the Contractor because of the
termination and shall pay the amount determined.
(f) Subject to paragraph (e) of this clause, the Contractor and the Contracting Officer may agree upon the whole or
any part of the amount to be paid or remaining to be paid because of the termination. The amount may include a
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reasonable allowance for profit on work done. However, the agreed amount, whether under this paragraph (g) or
paragraph (g) of this clause, exclusive of costs shown in subparagraph (g)(3) of this clause, may not exceed the total
contract price as reduced by (1) the amount of payments previously made and (2) the contract price of work not
terminated. The contract shall be modified, and the Contractor paid the agreed amount. Paragraph (g) of this clause
shall not limit, restrict, or affect the amount that may be agreed upon to be paid under this paragraph.
(g) If the Contractor and Contracting Officer fail to agree on the whole amount to be paid the Contractor because of
the termination of work, the Contracting Officer shall pay the Contractor the amounts determined as follows, but
without duplication of any amounts agreed upon under paragraph (f) of this clause:
(1) For contract work performed before the effective date of termination, the total (without duplication of any items)
of-(i) The cost of this work;
(ii) The cost of settling and paying termination settlement proposals under terminated subcontracts that are properly
chargeable to the terminated portion of the contract if not included in subdivision (g)(1)(i) of this clause; and
(iii) A sum, as profit on subdivision (g)(1)(i) of this clause, determined by the Contracting Officer under 49.202 of
the Federal Acquisition Regulation, in effect on the date of this contract, to be fair and reasonable; however, if it
appears that the Contractor would have sustained a loss on the entire contract had it been completed, the Contracting
Officer shall allow no profit under this subdivision (iii) and shall reduce the settlement to reflect the indicated rate of
loss.
(2) The reasonable costs of settlement of the work terminated, including-(i) Accounting, legal, clerical, and other expenses reasonably necessary for the preparation of termination settlement
proposals and supporting data;
(ii) The termination and settlement of subcontracts (excluding the amounts of such settlements); and
(iii) Storage, transportation, and other costs incurred, reasonably necessary for the preservation, protection, or
disposition of the termination inventory.
(h) Except for normal spoilage, and except to the extent that the Government expressly assumed the risk of loss, the
Contracting Officer shall exclude from the amounts payable to the Contractor under paragraph (g) of this clause, the
fair value as determined by the Contracting Officer, for the loss of the Government property.
(i) The cost principles and procedures of Part 31 of the Federal Acquisition Regulation, in effect on the date of this
contract, shall govern all costs claimed, agreed to, or determined under this clause.
(j) The Contractor shall have the right of appeal, under the Disputes clause, from any determination made by the
Contracting Officer under paragraph (e), (g), or (l) of this clause, except that if the Contractor failed to submit the
termination settlement proposal or request for equitable adjustment within the time provided in paragraph (e) or (l),
respectively, and failed to request a time extension, there is no right of appeal.
(k) In arriving at the amount due the Contractor under this clause, there shall be deducted-(1) All unliquidated advance or other payments to the Contractor under the terminated portion of this contract;
(2) Any claim which the Government has against the Contractor under this contract; and
(3) The agreed price for, or the proceeds of sale of, materials, supplies, or other things acquired by the Contractor or
sold under the provisions of this clause and not recovered by or credited to the Government.
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(l) If the termination is partial, the Contractor may file a proposal with the Contracting Officer for an equitable
adjustment of the price(s) of the continued portion of the contract. The Contracting Officer shall make any equitable
adjustment agreed upon. Any proposal by the Contractor for an equitable adjustment under this clause shall be
requested within 90 days from the effective date of termination unless extended in writing by the Contracting Officer.
(m)(1) The Government may, under the terms and conditions it prescribes, make partial payments and payments
against costs incurred by the Contractor for the terminated portion of the contract, if the Contracting Officer believes
the total of these payments will not exceed the amount to which the Contractor will be entitled.
(2) If the total payments exceed the amount finally determined to be due, the Contractor shall repay the excess to the
Government upon demand, together with interest computed at the rate established by the Secretary of the Treasury
under 50 U.S.C. App. 1215(b)(2). Interest shall be computed for the period from the date the excess payment is
received by the Contractor to the date the excess is repaid. Interest shall not be charged on any excess payment due
to a reduction in the Contractor's termination settlement proposal because of retention or other disposition of
termination inventory until 10 days after the date of the retention or disposition, or a later date determined by the
Contracting Officer because of the circumstances.
(n) Unless otherwise provided in this contract or by statute, the Contractor shall maintain all records and documents
relating to the terminated portion of this contract for 3 years after final settlement. This includes all books and other
evidence bearing on the Contractor's costs and expenses under this contract. The Contractor shall make these records
and documents available to the Government, at the Contractor's office, at all reasonable times, without any direct
charge. If approved by the Contracting Officer, photographs, microphotographs, or other authentic reproductions
may be maintained instead of original records and documents.
(End of clause)
52.249-10
DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)
(a) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its
completion within the time specified in this contract including any extension, or fails to complete the work within
this time, the Government may, by written notice to the Contractor, terminate the right to proceed with the work (or
the separable part of the work) that has been delayed. In this event, the Government may take over the work and
complete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the
work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the
Government resulting from the Contractor’s refusal or failure to complete the work within the specified time,
whether or not the Contractor’s right to proceed with the work is terminated. This liability includes any increased
costs incurred by the Government in completing the work.
(b) The Contractor’s right to proceed shall not be terminated nor the Contractor charged with damages under this
clause, if—
(1) The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or
negligence of the Contractor. Examples of such causes include—
(i) Acts of God or of the public enemy,
(ii) Acts of the Government in either its sovereign or contractual capacity,
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(iii) Acts of another Contractor in the performance of a contract with the Government,
(iv) Fires,
(v) Floods,
(vi) Epidemics,
(vii) Quarantine restrictions,
(viii) Strikes,
(ix) Freight embargoes,
(x) Unusually severe weather, or
(xi) Delays of subcontractors or suppliers at any tier arising from unforeseeable causes beyond the control and
without the fault or negligence of both the Contractor and the subcontractors or suppliers; and
(2) The Contractor, within 10 days from the beginning of any delay (unless extended by the Contracting Officer),
notifies the Contracting Officer in writing of the causes of delay. The Contracting Officer shall ascertain the facts
and the extent of delay. If, in the judgment of the Contracting Officer, the findings of fact warrant such action, the
time for completing the work shall be extended. The findings of the Contracting Officer shall be final and conclusive
on the parties, but subject to appeal under the Disputes clause.
(c) If, after termination of the Contractor’s right to proceed, it is determined that the Contractor was not in default, or
that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been
issued for the convenience of the Government.
(d) The rights and remedies of the Government in this clause are in addition to any other rights and remedies
provided by law or under this contract.
(End of clause)
52.249-5000 BASIS FOR SETTLEMENT OF PROPOSALS
Actual costs will be used to determine equipment costs for a settlement
proposal submitted on the total cost basis under FAR 49.206-2(b). In
evaluating a terminations settlement proposal using the total cost basis, the
following principles will be applied to determine allowable equipment costs:
(1)Actual costs for each piece of equipment, or groups of similar serial or
series
equipment, need not be available in the contractor's accounting records to
determine total actual equipment costs.
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(2)If equipment costs have been allocated to a contract using predetermined
rates , those charges will be adjusted to actual costs.
(3) Recorded job costs adjusted for unallowable expenses will be used to
determine equipment operating expenses.
(4) Ownership costs (depreciation) will be determined using the contractor's
depreciation schedule (subject to the provisions of FAR 31.205-11).
(5) License, taxes, storage and insurance costs are normally recovered as an
indirect expense and unless the contractor charges these costs directly to
contracts, they will be recovered through the indirect expense rate.
(End of Clause)
52.253-1
COMPUTER GENERATED FORMS (JAN 1991)
(a) Any data required to be submitted on a Standard or Optional Form prescribed by the Federal Acquisition
Regulation (FAR) may be submitted on a computer generated version of the form, provided there is no change to the
name, content, or sequence of the data elements on the form, and provided the form carries the Standard or Optional
Form number and edition date.
(b) Unless prohibited by agency regulations, any data required to be submitted on an agency unique form prescribed
by an agency supplement to the FAR may be submitted on a computer generated version of the form provided there
is no change to the name, content, or sequence of the data elements on the form and provided the form carries the
agency form number and edition date.
(3)
If the Contractor submits a computer generated version of a form that is different than the required form,
then the rights and obligations of the parties will be determined based on the content of the required form.
(End of clause)
252.201-7000
CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)
(a) "Definition. Contracting officer's representative" means an individual designated in accordance with subsection
201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting
officer to perform specific technical or administrative functions.
(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a
copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting
officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity,
delivery, or any other term or condition of the contract.
(End of clause)
252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP
2011)
(a) Definition. Covered DoD official, as used in this clause, means an individual that-(1) Leaves or left DoD service on or after January 28, 2008; and
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(2)(i) Participated personally and substantially in an acquisition as defined in 41 U.S.C. 131 with a value in excess of
$10 million, and serves or served-(A) In an Executive Schedule position under subchapter II of chapter 53 of Title 5, United States Code;
(B) In a position in the Senior Executive Service under subchapter VIII of chapter 53 of Title 5, United States Code;
or
(C) In a general or flag officer position compensated at a rate of pay for grade O-7 or above under section 201 of
Title 37, United States Code; or
(ii) Serves or served in DoD in one of the following positions: Program manager, deputy program manager,
procuring contracting officer, administrative contracting officer, source selection authority, member of the source
selection evaluation board, or chief of a financial or technical evaluation team for a contract in an amount in excess
of $10 million.
(b) The Contractor shall not knowingly provide compensation to a covered DoD official within 2 years after the
official leaves DoD service, without first determining that the official has sought and received, or has not received
after 30 days of seeking, a written opinion from the appropriate DoD ethics counselor regarding the applicability of
post-employment restrictions to the activities that the official is expected to undertake on behalf of the Contractor.
(c) Failure by the Contractor to comply with paragraph (b) of this clause may subject the Contractor to rescission of
this contract, suspension, or debarment in accordance with 41 U.S.C. 2105(c).
(End of clause)
252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACTRELATED FELONIES (DEC 2008)
(a) Definitions. As used in this clause—
(1) “Arising out of a contract with the DoD” means any act in connection with—
(i) Attempting to obtain;
(ii) Obtaining, or
(iii) Performing a contract or first-tier subcontract of any agency, department, or component of the Department of
Defense (DoD).
(2) “Conviction of fraud or any other felony” means any conviction for fraud or a felony in violation of state or
Federal criminal statutes, whether entered on a verdict or plea, including a plea of nolo contendere, for which
sentence has been imposed.
(3) “Date of conviction” means the date judgment was entered against the individual.
(b) Any individual who is convicted after September 29, 1988, of fraud or any other felony arising out of a contract
with the DoD is prohibited from serving-(1) In a management or supervisory capacity on this contract;
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(2) On the board of directors of the Contractor;
(3) As a consultant, agent, or representative for the Contractor; or
(4) In any other capacity with the authority to influence, advise, or control the decisions of the Contractor with
regard to this contract.
(c) Unless waived, the prohibition in paragraph (b) of this clause applies for not less than 5 years from the date of
conviction.
(d) 10 U.S.C. 2408 provides that the Contractor shall be subject to a criminal penalty of not more than $500,000 if
convicted of knowingly-(1) Employing a person under a prohibition specified in paragraph (b) of this clause; or
(2) Allowing such a person to serve on the board of directors of the contractor or first-tier subcontractor.
(e) In addition to the criminal penalties contained in 10 U.S.C. 2408, the Government may consider other available
remedies, such as—
(1) Suspension or debarment;
(2) Cancellation of the contract at no cost to the Government; or
(3) Termination of the contract for default.
(f) The Contractor may submit written requests for waiver of the prohibition in paragraph (b) of this clause to the
Contracting Officer. Requests shall clearly identify—
(1) The person involved;
(2) The nature of the conviction and resultant sentence or punishment imposed;
(3) The reasons for the requested waiver; and
(4) An explanation of why a waiver is in the interest of national security.
(g) The Contractor agrees to include the substance of this clause, appropriately modified to reflect the identity and
relationship of the parties, in all first-tier subcontracts exceeding the simplified acquisition threshold in Part 2 of the
Federal Acquisition Regulation, except those for commercial items or components.
(h) Pursuant to 10 U.S.C. 2408(c), defense contractors and subcontractors may obtain information as to whether a
particular person has been convicted of fraud or any other felony arising out of a contract with the DoD by
contacting The Office of Justice Programs, The Denial of Federal Benefits Office, U.S. Department of Justice,
telephone 301-937-1542; www.ojp.usdoj.gov/BJA/grant/DPFC.html''.
(End of clause)
252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013)
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(a) The Contractor shall inform its employees in writing, in the predominant native language of the workforce, of
contractor employee whistleblower rights and protections under 10 U.S.C. 2409, as described in subpart 203.9 of the
Defense Federal Acquisition Regulation Supplement.
(b) The Contractor shall include the substance of this clause, including this paragraph (b), in all subcontracts.
(End of clause)
252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012)
The agency office of the Inspector General referenced in paragraphs (c) and (d) of FAR clause 52.203-13,
Contractor Code of Business Ethics and Conduct, is the DoD Office of Inspector General at the following address:
Department of Defense Office of Inspector General, Investigative Policy and Oversight, Contractor Disclosure
Program, 4800 Mark Center Drive, Suite 11H25, Alexandria, VA 22350-1500.
Toll Free Telephone: 866-429-8011.
(End of clause)
252.203-7004 Display of Fraud Hotline Poster(s) (DEC 2012)
(a) Definition. United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.
(b) Display of fraud hotline poster(s).
(1) The Contractor shall display prominently in common work areas within business segments performing work in
the United States under Department of Defense (DoD) contracts DoD hotline posters prepared by the DoD Office of
the Inspector General. DoD hotline posters may be obtained via the Internet at
http://www.dodig.mil/HOTLINE/hotline_posters.htm.
(2) If the contract is funded, in whole or in part, by Department of Homeland Security (DHS) disaster relief funds,
the DHS fraud hotline poster shall be displayed in addition to the DoD fraud hotline poster. If a display of a DHS
fraud hotline poster is required, the Contractor may obtain such poster from:
----------------------------------------------------------------------[Contracting Officer shall insert the appropriate DHS contact information or website.]
(3) Additionally, if the Contractor maintains a company website as a method of providing information to employees,
the Contractor shall display an electronic version of the poster(s) at the website.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in all
subcontracts that exceed $5 million except when the subcontract-(1) Is for the acquisition of a commercial item; or
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(2) Is performed entirely outside the United States.
(End of clause)
252.204-7000
DISCLOSURE OF INFORMATION (AUG 2013)
(a) The Contractor shall not release to anyone outside the Contractor's organization any unclassified information,
regardless of medium (e.g., film, tape, document), pertaining to any part of this contract or any program related to
this contract, unless-(1) The Contracting Officer has given prior written approval;
(2) The information is otherwise in the public domain before the date of release; or
(3) The information results from or arises during the performance of a project that has been scoped and negotiated by
the contracting activity with the Contractor and research performer and determined in writing by the Contracting
Officer to be fundamental research in accordance with National Security Decision Directive
189, National Policy on the Transfer of Scientific, Technical and Engineering Information, in effect on the date of
contract award and the USD (AT&L) memoranda on Fundamental Research, dated May 24, 2010, and on Contracted
Fundamental Research, dated June 26, 2008, (available at DFARS PGI 204.4).
(b) Requests for approval under paragraph (a)(1) shall identify the specific information to be released, the medium to
be used, and the purpose for the release. The Contractor shall submit its request to the Contracting Officer at least 10
business days before the proposed date for release.
(c) The Contractor agrees to include a similar requirement, including this paragraph (c), in each subcontract under
this
contract. Subcontractors shall submit requests for authorization to release through the prime contractor to the
(End of clause)
252.204-7003
CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)
The Contractor's procedures for protecting against unauthorized disclosure of information shall not require
Department of Defense employees or members of the Armed Forces to relinquish control of their work products,
whether classified or not, to the contractor.
(End of clause)
252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (FEB 2014)
(a) Definitions. As used in this provision--
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``System for Award Management (SAM) database'' means the primary Government repository for contractor
information required for the conduct of business with the Government.
``Commercial and Government Entity (CAGE) code'' means—
(1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government
entity; or
(2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the
CAGE master file. This type of code is known as an ``NCAGE code.''
``Data Universal Numbering System (DUNS) number'' means the 9-digit number assigned by Dun and Bradstreet,
Inc. (D&B) to identify unique business entities.
``Data Universal Numbering System +4 (DUNS+4) number'' means the DUNS number assigned by D&B plus a 4character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish
additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR 32.11) for
the same parent concern.
``Registered in the System for Award Management (SAM) database'' means that—
(1) The contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, and
Contractor and Government Entity (CAGE) code into the SAM database;
(2) The contractor has completed the Core Data, Assertions, Representations and Certifications, and Points of
Contact sections of the registration in the SAM database;
Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required
to provide consent for TIN validation to the Government as part of the SAM registration process; and
(4) The Government has marked the record `Àctive.''
(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be
registered in the SAM database prior to award, during performance, and through final payment of any contract, basic
agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation
“DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address
exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is
registered in the SAM database.
(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.
(1) An offeror may obtain a DUNS number-(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun
and Bradstreet at 1-866-705-5711 if located within the United States; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should
indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.
(2) The offeror should be prepared to provide the following information:
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(i) Company legal business.
(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(iii) Company Physical Street Address, City, State, and Zip Code.
(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).
(v) Company Telephone Number.
(vi) Date the company was started.
(vii) Number of employees at your location.
(viii) Chief executive officer/key manager.
(ix) Line of business (industry).
(x) Company Headquarters name and address (reporting relationship within your entity).
(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer,
the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.
(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors
who are not registered should consider applying for registration immediately upon receipt of this solicitation.
(f) Offerors may obtain information on registration at https://www.acquisition.gov.
(End of clause)
252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2014)
Substitute the following paragraphs (d) and (e) for paragraph (d) of the provision at FAR 52.204-8:
(d)(1) The following representations or certifications in the System for Award Management (SAM) database are
applicable to this solicitation as indicated:
(i) 252.209-7001, Disclosure of Ownership or Control by the Government of a Terrorist Country. Applies to all
solicitations expected to result in contracts of $150,000 or more.
(ii) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus--Representation. Applies to
all solicitations with institutions of higher education.
(iii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign
Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be
performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and
may during contract performance impose a mandatory change in wages or prices of materials.
(iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part
in a foreign country.
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(v) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will
be in Italy.
(vi) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will
be in Spain.
(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the
Contracting Officer: [Contracting Officer check as appropriate.]
____ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.
____ (ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.
____ (iii) 252.225-7020, Trade Agreements Certificate.
____ Use with Alternate I.
____ (iv) 252.225-7031, Secondary Arab Boycott of Israel.
____ (v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.
____ Use with Alternate I.
____ Use with Alternate II.
____ Use with Alternate III.
____ Use with Alternate IV.
____ Use with Alternate V.
(e) The offeror has completed the annual representations and certifications electronically via the SAM Web site at
https://www.acquisition.gov/. After reviewing the SAM database information, the offeror verifies by submission of
the offer that the representations and certifications currently posted electronically that apply to this solicitation as
indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12
months, are current, accurate, complete, and applicable to this solicitation (including the business size standard
applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this
offer by reference (see FAR 4.1201); except for the changes identified below ____ [offeror to insert changes,
identifying change by provision number, title, date]. These amended representation(s) and/or certification(s) are also
incorporated in this offer and are current, accurate, and complete
as of the date of this offer.
FAR/DFARS Clause #
Title
Date
Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the
representations and certifications located in the SAM database.
(End of provision)
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252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE
GOVERNMENT OF A TERRORIST COUNTRY (MAR 2014)
(a) Unless the Government determines that there is a compelling reason to do so, the Contractor shall not enter into
any subcontract in excess of $30,000 with a firm, or a subsidiary of a firm, that is identified in the Exclusions section
of the System for Award Management System as being ineligible for the award of Defense contracts or subcontracts
because it is owned or controlled by the government of a terrorist country.
(b) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before
entering into a subcontract with a party that is identified, on the List of Parties Excluded from Federal Procurement
and Nonprocurement Programs, as being ineligible for the award of Defense contracts or subcontracts because it is
owned or controlled by the government of a terrorist country. The notice must include the name of the proposed
subcontractor notwithstanding its inclusion on the List of Parties Excluded From Federal Procurement and
Nonprocurement Programs.
(End of clause)
252.215-7000
PRICING ADJUSTMENTS (DEC 2012)
The term "pricing adjustment," as used in paragraph (a) of the clauses entitled "Price Reduction for Defective
Certified Cost or Pricing Data - Modifications," "Subcontractor Certified Cost or Pricing Data," and "Subcontractor
Certified Cost or Pricing Data - Modifications," means the aggregate increases and/or decreases in cost plus
applicable profits.
(End of clause)
252.219-7009
SECTION 8(A) DIRECT AWARD (SEP 2007)
(a) This contract is issued as a direct award between the contracting office and the 8(a) Contractor pursuant to the
Partnership Agreement between the Small Business Administration (SBA) and the Department of Defense.
Accordingly, the SBA, even if not identified in Section A of this contract, is the prime contractor and retains
responsibility for 8(a) certification, for 8(a) eligibility determinations and related issues, and for providing
counseling and assistance to the 8(a) Contractor under the 8(a) Program. The cognizant SBA district office is:
(To be completed by the Contracting Officer at the time of award)
(b) The contracting office is responsible for administering the contract and for taking any action on behalf of the
Government under the terms and conditions of the contract; provided that the contracting office shall give advance
notice to the SBA before it issues a final notice terminating performance, either in whole or in part, under the
contract. The contracting office also shall coordinate with the SBA prior to processing any novation agreement. The
contracting office may assign contract administration functions to a contract administration office.
(c) The 8(a) Contractor agrees that-(1) It will notify the Contracting Officer, simultaneous with its notification to the SBA (as required by SBA's 8(a)
regulations at 13 CFR 124.308), when the owner or owners upon whom 8(a) eligibility is based plan to relinquish
ownership or control of the concern. Consistent with Section 407 of Pub. L. 100-656, transfer of ownership or
control shall result in termination of the contract for convenience, unless the SBA waives the requirement for
termination prior to the actual relinquishing of ownership and control; and
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(2) It will not subcontract the performance of any of the requirements of this contract without the prior written
approval of the SBA and the Contracting Officer.
(End of Clause)
252.223-7006 PROHIBITION ON STORAGE AND DISPOSAL OF TOXIC AND HAZARDOUS
MATERIALS (APR 2012)
(a) "Definitions".
As used in this clause -(1) "Storage" means a non-transitory, semi-permanent or permanent holding, placement, or leaving of material. It
does not include a temporary accumulation of a limited quantity of a material used in or a waste generated or
resulting from authorized activities, such as servicing, maintenance, or repair of Department of Defense (DoD) items,
equipment, or facilities.
(2) "Toxic or hazardous materials" means:
(i) Materials referred to in section 101(14) of the Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) of 1980 (42 U.S.C. 9601(14)) and materials designated under section 102 of CERCLA (42
U.S.C. 9602) (40 CFR part 302);
(ii) Materials that are of an explosive, flammable, or pyrotechnic nature; or
(iii) Materials otherwise identified by the Secretary of Defense as specified in DoD regulations.
(b) In accordance with 10 U.S.C. 2692, the Contractor is prohibited from storing or disposing of non-DoD-owned
toxic or hazardous materials on a DoD installation, except to the extent authorized by a statutory exception to 10
U.S.C. 2692 or as authorized by the Secretary of Defense or his designee.
(End of clause)
252.227-7033
RIGHTS IN SHOP DRAWINGS (APR 1966)
(a) Shop drawings for construction means drawings, submitted to the Government by the Construction Contractor,
subcontractor or any lower-tier subcontractor pursuant to a construction contract, showing in detail (i) the proposed
fabrication and assembly of structural elements and (ii) the installation (i.e., form, fit, and attachment details) of
materials or equipment. The Government may duplicate, use, and disclose in any manner and for any purpose shop
drawings delivered under this contract.
(b) This clause, including this paragraph (b), shall be included in all subcontracts hereunder at any tier.
252.232-7010
LEVIES ON CONTRACT PAYMENTS (DEC 2006)
(a) 26 U.S.C. 6331(h) authorizes the Internal Revenue Service (IRS) to continuously levy up to 100 percent of
contract payments, up to the amount of tax debt.
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(b) When a levy is imposed on a payment under this contract and the Contractor believes that the levy may result in
an inability to perform the contract, the Contractor shall promptly notify the Procuring Contracting Officer in
writing, with a copy to the Administrative Contracting Officer, and shall provide-(1) The total dollar amount of the levy;
(2) A statement that the Contractor believes that the levy may result in an inability to perform the contract, including
rationale and adequate supporting documentation; and
(3) Advice as to whether the inability to perform may adversely affect national security, including rationale and
adequate supporting documentation.
(c) DoD shall promptly review the Contractor's assessment, and the Procuring Contracting Officer shall provide a
written notification to the Contractor including-(1) A statement as to whether DoD agrees that the levy may result in an inability to perform the contract; and
(2)(i) If the levy may result in an inability to perform the contract and the lack of performance will adversely affect
national security, the total amount of the monies collected that should be returned to the Contractor; or
(ii) If the levy may result in an inability to perform the contract but will not impact national security, a
recommendation that the Contractor promptly notify the IRS to attempt to resolve the tax situation.
(d) Any DoD determination under this clause is not subject to appeal under the Contract Disputes Act.
(End of clause)
252.236-7000
MODIFICATION PROPOSALS - PRICE BREAKDOWN. (DEC 1991)
(a) The Contractor shall furnish a price breakdown, itemized as required and within the time specified by the
Contracting Officer, with any proposal for a contract modification.
(b) The price breakdown -(1) Must include sufficient detail to permit an analysis of profit, and of all costs for -(i) Material;
(ii) Labor;
(iii) Equipment;
(iv) Subcontracts; and
(v) Overhead; and
(2) Must cover all work involved in the modification, whether the work was deleted, added, or changed.
(c) The Contractor shall provide similar price breakdowns to support any amounts claimed for subcontracts.
(d) The Contractor's proposal shall include a justification for any time extension proposed.
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252.236-7001
CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)
(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications,
except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by
the Contracting Officer.
(b) The Contractor shall-(1) Check all drawings furnished immediately upon receipt;
(2) Compare all drawings and verify the figures before laying out the work;
(3) Promptly notify the Contracting Officer of any discrepancies;
(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and
(5) Reproduce and print contract drawings and specifications as needed.
(c) In general-(1) Large-scale drawings shall govern small-scale drawings; and
(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.
(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly
necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not
relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall
perform such details as if fully and correctly set forth and described in the drawings and specifications.
(e) The work shall conform to the specifications and the contract drawings identified on the following index of
drawings:
As specified per individual Task Order
Section 00 73 05 SPECIAL CONTRACT REQUIREMENTS
(End of clause)
252.236-7004
PAYMENT FOR MOBILIZATION AND DEMOBILIZATION (DEC 1991)
(a) The Government will pay all costs for the mobilization and demobilization of all of the Contractor's plant and
equipment at the contract lump sum price for this item.
(1) 60% percent of the lump sum price upon completion of the contractor's mobilization at the work site.
(2) The remaining 40% percent upon completion of demobilization.
(b) The Contracting Officer may require the Contractor to furnish cost data to justify this portion of the bid if the
Contracting Officer believes that the percentages in paragraphs (a) (1) and (2) of this clause do not bear a reasonable
relation to the cost of the work in this contract.
(1) Failure to justify such price to the satisfaction of the Contracting Officer will result in payment, as determined by
the Contracting Officer, of --
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(i) Actual mobilization costs at completion of mobilization;
(ii) Actual demobilization costs at completion of demobilization; and
(iii) The remainder of this item in the final payment under this contract.
(2) The Contracting Officer's determination of the actual costs in paragraph (b)(1) of this clause is not subject to
appeal.
252.243-7001
PRICING OF CONTRACT MODIFICATIONS (DEC 1991)
When costs are a factor in any price adjustment under this contract, the contract cost principles and procedures in
FAR part 31 and DFARS part 231, in effect on the date of this contract, apply.
252.243-7002
REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)
(a) The amount of any request for equitable adjustment to contract terms shall accurately reflect the contract
adjustment for which the Contractor believes the Government is liable. The request shall include only costs for
performing the change, and shall not include any costs that already have been reimbursed or that have been
separately claimed. All indirect costs included in the request shall be properly allocable to the change in accordance
with applicable acquisition regulations.
(b) In accordance with 10 U.S.C. 2410(a), any request for equitable adjustment to contract terms that exceeds the
simplified acquisition threshold shall bear, at the time of submission, the following certificate executed by an
individual authorized to certify the request on behalf of the Contractor:
I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of
my knowledge and belief.
---------------------------------------------------------------------(Official's Name)
---------------------------------------------------------------------(Title)
(c) The certification in paragraph (b) of this clause requires full disclosure of all relevant facts, including-(1) Certified cost or pricing data if required in accordance with subsection 15.403-4 of the Federal Acquisition
Regulation (FAR); and
(2) Data other than certified cost or pricing data, in accordance with subsection 15.403-3 of the FAR, including
actual cost data and data to support any estimated costs, even if certified cost or pricing data are not required.
(d) The certification requirement in paragraph (b) of this clause does not apply to---(1) Requests for routine contract payments; for example, requests for payment for accepted supplies and services,
routine vouchers under a cost-reimbursement type contract, or progress payment invoices; or
(2) Final adjustment under an incentive provision of the contract.
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252.247-7023
TRANSPORTATION OF SUPPLIES BY SEA (APR 2014)
(a) Definitions. As used in this clause -"Components" means articles, materials, and supplies incorporated directly into end products at any level of
manufacture, fabrication, or assembly by the Contractor or any subcontractor.
"Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.
"Foreign-flag vessel" means any vessel that is not a U.S.-flag vessel.
"Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry through international
waters.
"Subcontractor" means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose
contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is
performing any part of the work or other requirement of the prime contract.
"Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or
owned by the DoD at the time of transportation by sea.
(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a
reference to a DoD contract number or a military destination.
(ii) "Supplies" includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and
vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine
tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing.
"U.S.-flag vessel" means a vessel of the United States or belonging to the United States, including any vessel
registered or having national status under the laws of the United States.
(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.
(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if-(i) This contract is a construction contract; or
(ii) The supplies being transported are-(A) Noncommercial items; or
(B) Commercial items that-(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor
does not add value to items that it contracts for f.o.b. destination shipment);
(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in
humanitarian or peacekeeping operations; or
(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance
with 10 U.S.C. 2643.
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(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag
vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that -(1) U.S.-flag vessels are not available for timely shipment;
(2) The freight charges are inordinately excessive or unreasonable; or
(3) Freight charges are higher than charges to private persons for transportation of like goods.
(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at
least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process
requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant
approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other
clause of this contract. Requests shall contain at a minimum -(1) Type, weight, and cube of cargo;
(2) Required shipping date;
(3) Special handling and discharge requirements;
(4) Loading and discharge points;
(5) Name of shipper and consignee;
(6) Prime contract number; and
(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names
and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and
facsimile message or letters will be sufficient for this purpose.
(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer
and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh
Street SW., Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading,
which shall contain the following information:
(1) Prime contract number;
(2) Name of vessel;
(3) Vessel flag of registry;
(4) Date of loading;
(5) Port of loading;
(6) Port of final discharge;
(7) Description of commodity;
(8) Gross weight in pounds and cubic feet if available;
(9) Total ocean freight in U.S. dollars; and
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(10) Name of the steamship company.
(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice
under this contract a representation that to the best of its knowledge and belief-(1) No ocean transportation was used in the performance of this contract;
(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;
(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all
foreign-flag ocean transportation; or
(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the
written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:
ITEM
CONTRACT
QUANTITY
DESCRIPTION
LINE ITEMS
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
TOTAL_______________________________________________________________
(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required
representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of
the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in
the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the
unauthorized use.
(h) In the award of subcontracts for the types of supplies described in paragraph (b)(2) of this clause, including
subcontracts for commercial items, the Contractor shall flow down the requirements of this clause as follows:
(1) The Contractor shall insert the substance of this clause, including this paragraph (h), in subcontracts that exceed
the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.
(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (h), in
subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.
(End of clause)
MVR.09
Bio-Preferred Reporting
This acquisition includes FAR Clause 52.223-2, Affirmative Procurement of Bio-based Products under
Service and Construction Contracts. Contracts are required to submit an annual bio-based report to
the reporting module available in the System for Award Management (SAM) portal at
http://www.sam.gov. This portal allows contractors to submit reports on a contract-by-contract basis.
Reports are due annually to the SAM portal, with a copy provided to the Contracting Officer, by October
31, of the previous Government fiscal year.
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How to Create a Bio-Preferred Report
Your entity must be registered in SAM, and you must have either the Entity Administrator, Entity
Registration Representative, or Reporter role.
• From your “MY SAM” page, click “Register/Update Entity” then click “Bio-Preferred Reporting”.
• Select your DUNS.
• Select a contract from your list of contracts which require Bio-Preferred reporting.
• Click “add USDA Category”, select a Category and Product and enter the Total Dollar Amount
spent on that product during the federal Government fiscal year.
• Click “Submit” to save the report.
• You can edit a Bio-Preferred at any point during the reporting period. The reporting period for
st
st
the federal Government fiscal year runs from November 1 until October 31 . When the
reporting period closes, you will only be able to create/edit reports for the next fiscal year.
SECTION TABLE OF CONTENTS
SECTION 00 01 10
PART 1
1.1
1.2
GENERAL
GENERAL REQUIREMENTS
SUBMITTALS
PART 2
PRODUCTS
PART 3
EXECUTION
-- End of Section Table of Contents --
DOCUMENT TABLE OF CONTENTS 00 10 10 Page 1
SECTION 00 01 10
PART 1
1.1
GENERAL
In order to list submittals required by the Contract Clauses on the
Submittal Register they are listed in this Section with their respective
FAR, DFAR, AFAR, or UAI number, as applicable, in order to facilitate
finding them in the Contract Clauses section.
1.2
SUBMITTALS
Government approval is required for submittals with a "G" designation;
submittals not having a "G" designation are for information only. When
used, a designation following the "G" designation identifies the office
that will review the submittal for the Government. The following shall be
submitted in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:
SD-01 Preconstruction Submittals
Insurance; G, CT; FAR 52.228-5
Accident Prevention Plan (APP); G, AO; FAR 52.236-13
Schedules for Construction Contracts; G, AO; FAR 52.236-15
Schedule shall include, but not limited to, proof in company
insurance, surety bonds, list of proposed subcontractors (if
applicable), and progress schedule.
PART 2
PRODUCTS
Not Used
PART 3
EXECUTION
Not Used
-- End of Section --
DOCUMENT 00 10 10
Page 1
SECTION 00 70 00
SUBMITTAL CLAUSES
PART 1
1.1
1.2
GENERAL
SUBMITTALS
52.222-8
PAYROLLS - LABOR
PART 2
PRODUCTS
PART 3
EXECUTION
SECTION 00 70 00
SUBMITTAL CLAUSES
PART 1
1.1
GENERAL
SUBMITTALS
For each Task Order, unless specified otherwise, the Government will
require the following submittals. Government approval is required for
submittals with a "G" designation; submittals not having a "G" designation
are for information only. When used, a designation following the "G"
designation identifies the office that will review the submittal for the
Government. The following shall be submitted in accordance with Section
01 33 00 SUBMITTAL PROCEDURES:
Payrolls - Labor (52.222-8)
1.2
52.222-8
PAYROLLS - LABOR
Submit weekly.
PART 2
PRODUCTS
Not Used
PART 3
EXECUTION
Not Used
DOCUMENT 00 70 00
Page 1
SECTION 00 73 05
PART 1
GENERAL
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
1.12
1.13
1.14
REFERENCES
SUBMITTALS
COMMON DATA SUBMITTALS AND THEIR FREQUENCIES
ADDITIONAL COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK
MINIMUM AMOUNT OF INSURANCE REQUIRED
EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE
CONDITION OF EXISTING STRUCTURES, ROADWAYS, AND OTHER FACILITIES
LOCATION OF PARKING, STAGING, AND STORAGE AREAS
SPECIAL SAFETY REQUIREMENTS
BARRICADES AND WARNING SIGNS
CONTRACT SPECIFICATIONS
PERMITS
ADDITIONAL PHYSICAL DATA CLAUSE INFORMATION
PROCESS FOR OBTAINING CURRENT REQUIREMENTS OF THE U.S. ARMY CORPS
OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL (EM 385-1-1)
1.15
CERTIFICATES OF COMPLIANCE
1.16
DAMAGE TO WORK
1.17
INSPECTION
1.18
ELECTRICAL POWER LINES
1.19
SALVAGE MATERIALS AND EQUIPMENT
1.20
SUPERINTENDENCE OF SUBCONTRACTORS
1.21
(S-102) CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR
PROCESSING DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS (April 2011)
1.22
ACTIVITY REGULATIONS FOR CONTRACTOR ACCESS AND USE OF PREMISES
1.22.1
Force Protection Condition Levels
PART 2
PRODUCTS
PART 3
EXECUTION
ATTACHMENTS:
ATTACHMENT A - TASK ORDER TABLE OF CONTENTS
SECTION 00 73 05
PART 1
1.1
GENERAL
REFERENCES
The publications listed below form a part of this specification to the
extent referenced. The publications are referred to in the text by basic
designation only.
U.S. ARMY CORPS OF ENGINEERS (USACE)
EP 1110-1-8
1.2
(2011) Construction Equipment Ownership
and Operating Expense Schedule
Regions I - XII
SUBMITTALS
Pre-Construction Condition Survey; G, AO
Permits
Storm Water Pollution Prevention Plan (SWPPP) and Section 402 National Pollutant Discharge Elimination System (NPDES),NPDES
Required when more than 1 acre will be disturbed. General Permit
No. 2 Notice of Intent for the construction site in accordance
with paragraph PERMITS.
SD-11 Closeout Submittals
Post-Construction Condition Survey; G, AO
1.3
COMMON DATA SUBMITTALS AND THEIR FREQUENCIES
The frequency of common data submittals are listed below. Specific
technical submittals will be included with each Task Order, as applicable.
TITLE OF DATA ITEM
Cost Proposal
FREQUENCY
as required for
each Task Order
DOCUMENT 00 73 05
REMARKS
as required by the
Contracting Officer
Page 1
Accident Prevention
one time
Plan Safety and Health Plan
(See SECTION 01 45 04)
Task Order
Specific
Generic Corporate Plan
30 days after contract
award.
Project Site Specific Plan
10 days after Task
Order issuance
supplement
Quality Control Program
Task Order
Specific
Project Site Specific
Plan 10 days after
Task Order issuance
supplement
Environmental Protection
Program
Task Order
Specific
Project Site Specific
Plan 10 days after,
Task Order issuance
supplement
Waste Disposal Scheme
required by
Task Order
Approval prior to
construction
Negotiations
as required
as required by the
Contracting Officer
Pre-Construction
Conferences
as required by
Task Order
as required by Task Order
Designs
Task Order
Specific
Work Schedule
as required
Monthly Progress Report
monthly
monthly following Task
Order Award
Test of New or Modified
Systems
as required
Prepare O&M Manuals
as required
Prepare Training Program
as required
Equipment & Construction
Warranties
as required
Prepare As-built
Drawings
as required
DOCUMENT 00 73 05
Page 2
1.4
ADDITIONAL COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK
In addition to the requirements of Contract Clause COMMENCEMENT,
PROSECUTION, AND COMPLETION OF WORK, the Contractor shall comply with the
following requirements:
a.
The initial Contract period (BASE PERIOD) shall be from contract award
to 365 days thereafter.
(1) Option 1: End of the Base period to 366 days thereafter.
(2) Option 2: End of Option 1 period to 365 days thereafter..
b.
1.5
The Task order will consist of Plans and Specifications of the major
parts of the project. Omissions from the plans and specifications or
the misdescription of details of work that are manifestly necessary to
carry out the intent of the plans and specifications, or that are
customarily performed, shall not relieve the Contractor from performing
such omitted or misdescribed details of the work. The Contractor shall
perform such details as if fully and correctly set forth and described
in the plans and specifications. The Contractor shall utilize
applicable specifications from the following list of specifications to
complete the task order: ATTACHMENT A - TASK ORDER TABLE OF CONTENTS
FOR UNIFIED FACILITIES GUIDE SPECIFICATIONS (UFGS) BY REFERENCE ONLY
AND *MVR MASTER SPECIFICATION SECTION. The Unified Facilities Guide
Specifications (UFGS) can be found at
http://www.wbdg.org/ccb/browse_cat.php?c=3.
MINIMUM AMOUNT OF INSURANCE REQUIRED
a.
In accordance with the requirements of the Contract Clause
INSURANCE - WORK ON A GOVERNMENT INSTALLATION, the Contractor
shall procure not less than the following types of insurance in
the amount indicated:
Minimum
Amount
Type
Workman's Compensation Insurance
Employer's Liability Insurance
Comprehensive General Liability Insurance
Comprehensive Automobile Liability Insurance
b.
As required by State Law
$100,000
$500,000 B.I.
$200,000/$500,000 B.I.
$ 20,000 P.D.
The insurance certificate shall contain the following
endorsement: Cancellation or any material change in the policies
adversely affecting the interests of the Government in such
DOCUMENT 00 73 05
Page 3
insurance shall not be effective for such period as may be
prescribed by the laws of the state in which the Contract is to be
performed and in no event less than 30 days after written notice
thereof to the Contracting Officer.
c.
1.6
Insurance certificates shall be annotated with the contract name
and contract number.
EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE
a.
This special Contract requirement does not apply to terminations. See
EP 1110-1-8 and FAR Part 49.
b.
Allowable cost for construction and equipment in sound workable
condition owned or controlled and furnished by a Contractor or
subcontractor at any tier shall be based on actual cost data for each
piece of equipment or groups of similar serial and series for which the
Government can determine both ownership and operating costs from the
Contractor's accounting records. When both ownership and operating
costs cannot be determined for any piece of equipment or groups of
similar serial or series equipment from the Contractor's accounting
records, costs for that equipment shall be based upon the applicable
provisions of EP 1110-1-8, Region II, IV, and V. Working conditions
shall be considered to be average for determining equipment rates using
the schedule unless specified otherwise by the Contracting Officer.
For equipment not included in the schedule, rates for comparable pieces
of equipment may be used or a rate may be developed using the formula
provided in the schedule. For forward pricing, the schedule in effect
at the time of negotiations shall apply. For retroactive pricing, the
schedule in effect at the time the work was performed shall apply.
c.
Equipment rental costs are allowable, subject to the provisions of
FAR 31.105(d)(ii) and FAR 31.205-36. Rates for equipment rented from
an organization under common control, lease-purchase arrangements, and
sale-leaseback arrangements, will be determined using the schedule,
except that actual rates will be used for equipment leased from an
organization under common control that has an established practice of
leasing the same or similar equipment to unaffiliated lessees.
d.
When actual equipment costs are proposed and the total amount of the
pricing action exceeds the Simplified Acquisition Threshold (SAT), the
Contracting Officer will request the Contractor to submit either
certified cost or pricing data, or partial/limited data, as
appropriate. The data shall be submitted on Standard Form 1411,
Contract Pricing Proposal Cover Sheet.
1.7
a.
CONDITION OF EXISTING STRUCTURES, ROADWAYS, AND OTHER FACILITIES
Pre-Construction Condition Survey - Prior to commencement of operations
by the Contractor, a detailed survey shall be made of all existing
structures, Contractor staging and parking areas, roadways, and other
facilities that may be affected by the Contractor's operations. The
survey shall be conducted with the Contractor, and the Contracting
Officer, local interests, and private parties, and shall be signed by
DOCUMENT 00 73 05
Page 4
all parties. The survey shall be sufficient in scope to provide
advance agreement among all concerned as to the condition of the
existing structures, Contractor staging and parking areas, roadway, and
other facilities. The Contractor shall be responsible for full and
active participation in such pre-construction condition survey of
existing structures, Contractor staging and parking areas, roadways,
and other facilities as deemed necessary to permit determination and
accurate assessment of any subsequent damage to existing structures,
Contractor staging and parking areas, roadways, and other facilities
which may be incurred during the period of the Contract.
b.
Post-Construction Condition Survey - After completion of the work, and
prior to final acceptance of the work, a detailed post-construction
condition survey of the same structures, Contractor staging and parking
areas, roadways, and other facilities previously surveyed shall be
conducted with the Contractor, and the Contracting Officer , local
interests, private parties, and shall be signed by all parties. The
survey shall be sufficient in scope to provide for agreement among all
concerned as to the post-project condition of the existing structures,
Contractor staging and parking areas, roadways, and other facilities.
The Contractor shall be responsible for full and active participation
in such post-construction condition survey as deemed necessary to
permit determination and accurate assessment of any damage to existing
structures, Contractor staging and parking areas, roadways, and other
facilities which have been incurred during the period of the Contract.
c.
The surveys shall include, but not be limited to, photographs, videos,
sketches, and written descriptions. All materials and personnel
required for accomplishment of the above surveys shall be by, and at
the expense of, the Contractor. One Copy of all documentation shall be
furnished to each party involved.
d.
If it is determined by the post-construction condition survey that
damage has occurred to structures, Contractor staging and parking
areas, roadways, and other facilities, the Contractor shall repair such
damage to a condition equal to the pre-Contract conditions, as approved
by the Contracting Officer, at the Contractor's expense.
1.8
LOCATION OF PARKING, STAGING, AND STORAGE AREAS
The Contractor's parking, staging, and storage areas shall be as indicated
or as otherwise directed by the Contracting Officer.
1.9
SPECIAL SAFETY REQUIREMENTS
Any employee of
displays unsafe
the Contractor,
accordance with
EM 385-1-1.
the Contractor who disregards safety regulations or
attitudes and actions shall be removed from the job site by
as directed by the Contracting Officer, and be in
the USACE General Safety and Health Requirements Manual,
DOCUMENT 00 73 05
Page 5
1.10
BARRICADES AND WARNING SIGNS
The Contractor shall provide and maintain barricades, danger and warning
signs, and suitable and efficient lights at all points of entry to the
section or sections of roadway/parking areas which are to be closed to
public travel during construction operations under the Contract. The
Contractor shall also furnish flagmen and watchmen to warn and direct
traffic or to prevent travel on any portion of roadways during the periods
in which operations under the Contract are performed as may be required to
ensure safety and prevent accidents. All facilities furnished by the
Contractor under this paragraph shall be as prescribed by local highway
authorities and shall be subject to approval by the Contracting Officer.
1.11
CONTRACT SPECIFICATIONS
a.
Upon request of the Contactor the Government will provide the Contract
drawings, specifications, and other related Contractual documents after
all award documents are received. Publications are not incorporated
into the technical provisions, but are by reference, as chosen by the
b.
The Contractor shall-(1) Promptly notify the Contracting Officer of any discrepancies; and
(2) Be responsible for any errors which might have been avoided by
complying with this paragraph "b".
(3) Reproduce and print Contract drawings and specifications as needed.
c.
1.12
Omissions from the specifications or the misdescription of details of
work that are manifestly necessary to carry out the intent of the
specifications, or that are customarily performed, shall not relieve
the Contractor from performing such omitted or misdescribed details of
the work. The Contractor shall perform such details as if fully and
correctly set forth and described in the specifications.
PERMITS
In accordance with Contract Clause "PERMITS AND RESPONSIBILITIES", obtain
all necessary permits required for disposal, hauling, erosion control,
storm water control, and pay all fees associated with permitting and
compliance. Submit a Section 402 - National Pollutant Discharge
Elimination System (NPDES) (NPDES Required when more than 1 acre will be
disturbed). General Permit No. 2 Notice of Intent and a Storm Water
Pollution Prevention Plan (SWPPP) for the project to the Contracting
Officer prior to the commencement of work. The SWPPP shall meet the
requirements of the general permit for storm water discharges from
construction sites. Submit the SWPPP along with any required Notice of
Intents, Notice of Termination, and appropriate permit fees, via the
Contracting Officer, to the for approval, a minimum of 14 calendar days
prior to the start of any land disturbing activities. Maintain an approved
copy of the SWPPP at the construction site, and continually update as
regulations require, to reflect current site conditions. Include within
the SWPPP:
DOCUMENT 00 73 05
Page 6
a.
Identify potential sources of pollution which may be reasonably
expected to affect the quality of storm water discharge from the site.
b.
Describe and ensure implementation of practices which shall be used to
reduce the pollutants in storm water discharge from the site.
c.
Ensure compliance with terms of the general permit for storm water
discharge.
d.
Select applicable best management practices from EPA 832-R-92-005.
e.
Include a completed copy of the Registration Statement,
Best Management Practice (BMP) Inspection Report Template and Notice of
Termination, except for the effective date.
f.
Install, inspect, and maintain BMPs as required by the general permit.
Prepare and submit BMP Inspection Reports as required by the general
permit.
g.
Once construction is complete and the site has been stabilized with a
final, sustainable cover, submit the Notice of Termination to the
within 30 days after all land disturbing activities end.
The Contractor shall obtain permits for erosion and sediment pollution
control as specified in Section 01 57 20 ENVIRONMENTAL PROTECTION Section
01 57 20.
Permit equivalents to Section 401 - Water Quality Certification and Section
404 - Permits for Dredged or Fill Material will be obtained by the
Government.
It is anticipated that no other county or township permits shall be
required for completion of this project.
1.13
ADDITIONAL PHYSICAL DATA CLAUSE INFORMATION
Additional Contractor information associated with the Contract Clause
PHYSICAL DATA will be included in the Task Order.
1.14
PROCESS FOR OBTAINING CURRENT REQUIREMENTS OF THE U.S. ARMY CORPS OF
ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL (EM 385-1-1)
Contractors are required to comply with the latest version, and all posted
changes, of the U.S. Army Corps of Engineers Safety and Health Requirements
Manual in effect on the issue date of this solicitation. EM 385-1-1,
errata's, changes and supplemental specifications are available on the
Internet at:
http://publications.usace.army.mil/publications/eng-manuals/. Prior to
making an offer, offerors should check the referenced website for the
latest changes. No separate payment will be made for compliance with the
requirements of this paragraph, or for compliance with other safety
requirements of the Contract.
DOCUMENT 00 73 05
Page 7
1.15
CERTIFICATES OF COMPLIANCE
Any certificates required for demonstrating proof of compliance of
materials with specification requirements shall be executed in four
copies. Each certificate shall be signed by an official authorized to
certify on behalf of the manufacturing company and shall contain the name
and address of the Contractor, the project name and location, and the
quantity and date or dates of shipment or Task Order to which the
certificates apply. Copies of laboratory test reports submitted with
certificates shall contain the name and address of the testing laboratory
and the date or dates of the tests to which the report applies.
Certification shall not be construed as relieving the Contractor from
furnishing satisfactory material, if, after tests are performed on selected
samples, the material is found not to meet the specific requirements.
1.16
DAMAGE TO WORK
The responsibility for damage to any part of the permanent work shall be as
set forth in the Contract Clause PERMITS AND RESPONSIBILITIES. However,
if, in the judgment of the Contracting Officer, any part of the permanent
work performed by the Contractor is damaged by flood or earthquake, which
damage is not due to the failure of the Contractor to take reasonable
precautions or to exercise sound engineering and construction practices in
the conduct of the work, the Contractor shall make the repairs as ordered
by the Contracting Officer and full compensation for such repairs will be
made at the applicable Contract unit or job prices as fixed and established
in the Contract. If, in the opinion of the Contracting Officer, there are
no Contract unit or job prices applicable to any part of such work an
equitable adjustment pursuant to Contract Clause CHANGES, or CHANGES AND
CHANGED CONDITIONS, of the Contract, will be made as full compensation for
the repairs of that part of the permanent work for which there are no
applicable Contract unit or job price. Except as herein provided, damage
to all work (including temporary construction), utilities, materials,
equipment, and plant shall be repaired to the satisfaction of the
Contracting Officer at the Contractor's expense, regardless of the cause of
such damage.
The responsibility for damage to any part of the permanent work shall be as
set forth in the Contract Clause PERMITS AND RESPONSIBILITIES. However,
if, in the judgment of the Contracting Officer, any part of the permanent
work performed by the Contractor is damaged by flood or earthquake, which
damage is not due to the failure of the Contractor to take reasonable
precautions or to exercise sound engineering and construction practices in
the conduct of the work, the Contractor shall make the repairs as ordered
by the Contracting Officer and full compensation for such repairs will be
made at the applicable Contract unit or job prices as fixed and established
in the Contract. Also, if any damage to the permanent work is caused by
users of the recreational facilities, the provisions specified above for
flood or earthquake shall apply, providing the Contractor complies with
required protection instructions set forth in the technical provisions of
the Contract. If, in the opinion of the Contracting Officer, there are no
Contract unit or job prices applicable to any part of such work an
equitable adjustment pursuant to Contract Clause CHANGES, or CHANGES AND
DOCUMENT 00 73 05
Page 8
CHANGED CONDITIONS, of the Contract, will be made as full compensation for
the repairs of that part of the permanent work for which there are no
applicable Contract unit or job price. Except as herein provided damage to
all work (including temporary construction), utilities, materials,
equipment, and plant shall be repaired to the satisfaction of the
Contracting Officer at the Contractor's expense, regardless of the cause of
such damage.
1.17
INSPECTION
The presence of the Government inspector shall not relieve the Contractor
of responsibility for the proper execution of the work in accordance with
the Contract specifications and drawings.
1.18
ELECTRICAL POWER LINES
The Contractor shall study the contract drawings and site and know in
detail all locations of power lines within the rights-of-way. Prior to
performing any construction operation adjacent to power lines, appropriate
danger signs shall be provided where any equipment scheduled for use on the
site is capable of contacting such lines. To confirm the location of
underground lines, the Contractor shall contact the appropriate council
listed in paragraph ONE CALL SYSTEMS FOR EXCAVATORS. Aerial power lines
shall either be shut off and a positive means taken to prevent the lines
from being energized, or clearances required by paragraph 11.F.04 of
EM 385-1-1, shall be maintained. Work shall not proceed into dangerous
areas without additional Contractor employees being assigned the crew to
watch the movements of other personnel and equipment to assure that
designated clearances are maintained.
1.19
SALVAGE MATERIALS AND EQUIPMENT
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 the Contractor's negligence, or while in the Contractor's care.
1.20
a.
SUPERINTENDENCE OF SUBCONTRACTORS
The Contractor shall be required to furnish the following, in addition
to the superintendence required by the Contract Clause SUPERINTENDENCE
BY THE CONTRACTOR:
(1) If more than 50 percent and less than 70 percent of the value of
the Contract work is subcontracted, one superintendent shall be
provided at the site and on the Contractor's payroll to be
responsible for coordinating, directing, inspecting and expediting
the subcontract work.
DOCUMENT 00 73 05
Page 9
(2) If 70 percent or more of the value of the work is subcontracted,
the Contractor shall be required to furnish two such
superintendents to be responsible for coordinating, directing,
inspecting and expediting the subcontract work.
b.
If the Contracting Officer, at any time after 50 percent of the
subcontracted work has been completed, finds that satisfactory progress
is being made, he may waive all or part of the above requirement for
additional superintendence subject to the right of the Contracting
Officer to reinstate such requirements if at any time during the
progress of the remaining work he finds that satisfactory progress is
not being made.
1.21
(S-102) CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR
PROCESSING DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS (April 2011)
The Contractor is encouraged to use a commercially available electronic
system to process and submit certified payrolls electronically to the
Government. The requirements for preparing, processing and providing
certified labor payrolls are established by the Davis-Bacon Act as stated
in FAR 52.222-8, PAYROLLS AND BASIC RECORDS and FAR 52.222-13, COMPLIANCE
WITH DAVIS-BACON AND RELATED ACT REGULATIONS.
If the Contractor elects to use an electronic Davis-Bacon payroll
processing system, then the Contractor shall be responsible for obtaining
and providing for all access, licenses, and other services required to
provide for receipt, processing, certifying, electronically transmitting to
the Government, and storing weekly payrolls and other data required for the
Contractor to comply with Davis-Bacon and related Act regulations. When
the Contractor uses an electronic Davis-Bacon payroll system, the
electronic payroll service shall be used by the Contractor to prepare,
process, and maintain the relevant payrolls and basic records during all
work under this construction Contract and the electronic payroll service
shall be capable of preserving these payrolls and related basic records for
the required 3 years after Contract completion. If the Contractor chooses
to use an electronic Davis-Bacon payroll system, then the Contractor shall
obtain and provide electronic system access to the Government, as required
to comply with the Davis-Bacon and related Act regulations over the
duration of this construction Contract. The access shall include
electronic review access by the Government Contract administration office
to the electronic payroll processing system used by the Contractor.
The Contractor's provision and use of an electronic payroll processing
system shall meet the following basic functional criteria: commercially
available; compliant with appropriate Davis-Bacon Act payroll provisions in
the FAR; able to accommodate the required numbers of employees and
subcontractors planned to be employed under the Contract; capable of
producing an Excel spreadsheet-compatible electronic output of weekly
payroll records (format at http://www.rmssupport.com/guides.aspx) for
export in an Excel spreadsheet to be imported into the Contractor's Quality
Control System (QCS) version of Resident Management System (RMS), that in
turn shall export payroll data to the Government's Resident Management
System (RMS); demonstrated security of data and data entry rights; ability
DOCUMENT 00 73 05
Page 10
to produce Contractor-certified electronic versions of weekly payroll data;
ability to identify erroneous entries and track the data/time of all
versions of the certified Davis-Bacon payrolls submitted to the Government
over the life of the Contract; capable of generating a durable record copy,
that is, a CD or DVD and PDF file record of data from the system database
at end of the Contract closeout. This durable record copy of data from the
electronic Davis-Bacon payroll processing system shall be provided to the
Government during Contract closeout.
All Contractor-incurred costs related to the Contractor's provision and use
of an electronic payroll processing service shall be included in the
Contractor's price for the overall work under the Contract. The costs for
Davis-Bacon Act compliance using electronic payroll processing services
shall not be a separately bid/proposed or reimbursed item under this
Contract.
1.22
ACTIVITY REGULATIONS FOR CONTRACTOR ACCESS AND USE OF PREMISES
Contractor shall follow all current Army Security Regulations concerning
strict visitor control and preservation of all Government assets. All
security concerns shall be reported immediately to Contracting Officer to
notify the Security Office.
1.22.1
Force Protection Condition Levels
The Contractor's work may be affected by the following Force Protection
Conditions Level:
FPCON NORMAL
When there is no discernible terrorist activity.
posture.
Routine security
FPCON ALPHA
When there is a general threat of possible threat activity against
personnel and/or the installation. There will be a limited impact
on normal operations.
FPCON BRAVO
When there is a increase or more predictable threat. There will
be a impact on normal operations but it will not cause undue
hardship to personnel, substantially affect operational
capabilities, or aggravated relations with local authorities and
civilians.
FPCON CHARLIE
When an incident occurs or intelligence is received indicating
imminent terrorist action. If this lasts for more than a short
period it will probably create hardships for personnel and affect
the peacetime activities of units and personnel.
DOCUMENT 00 73 05
Page 11
FPCON DELTA
When terrorist attack has occurred or intelligence indicates
likely terrorist action against a specific location. This
normally declared as a localized warning and requires
implementation of mandatory security measures. This cannot be
sustained for extended period without causing significant
hardships for personnel and affect the peacetime activities of
units and personal.
FPCON NORMAL through FPCON BRAVO will not affect the Contractors work.
FPCON CHARLIE and FPCON DELTA will affect the Contractor's Work. FPCON
CHARLIE shall subject the Contractor to a higher degree of inspection and
the Contractor may not be able to work on the site for short periods of
time as decreed by the District Security Officer. FPCON DELTA as
determined by the District Security Officer shall close the site down and
the Contractor shall not be able to work on the site.
PART 2
PRODUCTS
Not Used
PART 3
EXECUTION
Not Used
DOCUMENT 00 73 05
Page 12
TASK ORDER TABLE OF CONTENTS
FOR
SPECIFICATIONS BY REFERENCE ONLY
00 01 15
00 73 05
00 73 46
LIST OF DRAWINGS
WAGE RATES
DIVISION 01 - GENERAL REQUIREMENTS
01 11 00
01 14 00
01 22 00
01 22 00.00 02
01 22 00.00 03
01 32 01
01 33 29.00 20
01 33 29
01 35 26
01 35 29.13
01 42 00
01 45 01
01 45 02
01 45 04
01 50 00
01 50 02
01 57 20
01 57 23.01 12
01 57 23
01 67 00
01 74 19
01 78 00
01 78 23
01 91 00.00 40
SUMMARY OF WORK
WORK RESTRICTIONS
MEASUREMENT AND PAYMENT (HVAC/Elec Repair {USARC's})
MEASUREMENT AND PAYMENT (Vehicle Exhaust Rpr {OMS's})
PROJECT SCHEDULE
SUSTAINABLE REQUIREMENTS
LEED(TM) DOCUMENTATION
GOVERNMENTAL SAFETY REQUIREMENTS
HEALTH, SAFETY, AND EMERGENCY RESPONSE
PROCEDURES FOR CONTAMINATED SITES
QUALITY CONTROL (QC) - MINOR CONSTRUCTION
BULLETIN BOARD, PROJECT SIGN, AND PROJECT SAFETY SIGN
TEMPORARY CONSTRUCTION FACILITIES
TRUCK WASH-DOWN RACKS
STORM WATER POLLUTION PREVENTION MEASURES
RECYCLED/RECOVERED MATERIALS
CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT
CLOSEOUT SUBMITTALS
OPERATION AND MAINTENANCE DATA
COMMISSIONING
DIVISION 02 - EXISTING CONDITIONS
02 32 00
02 41 00
02 41 00.01
SUBSURFACE DRILLING, SAMPLING, AND TESTING
[DEMOLITION][ AND ][DECONSTRUCTION]
WELL ABANDONMENT - ADD TO DEMOLITION SECTION IF USED.
Page 1 of 14
DIVISION 02 - EXISTING CONDITIONS (Cont’d)
02 42 51
02 42 91
02 61 13
02 61 23
02 65 00
02 81 00
02 82 14
02 82 33
02 83 13
02 83 19.00 10
02 84 16
02 84 33
02 85 00.00 20
CARPET REMOVAL AND RECLAMATION
REMOVAL AND SALVAGE OF HISTORIC BUILDING MATERIALS
EXCAVATION AND HANDLING OF CONTAMINATED MATERIAL
REMOVAL AND DISPOSAL OF PCB CONTAMINATED SOILS
UNDERGROUND STORAGE TANK REMOVAL
TRANSPORTATION AND DISPOSAL OF HAZARDOUS MATERIALS
ASBESTOS HAZARD CONTROL ACTIVITIES
REMOVAL/CONTROL AND DISPOSAL OF PAINT WITH LEAD
LEAD IN CONSTRUCTION
LEAD BASED PAINT HAZARD ABATEMENT, TARGET
HOUSING AND CHILD OCCUPIED FACILITIES
HANDLING OF LIGHTING BALLASTS AND LAMPS
CONTAINING PCBs AND MERCURY
REMOVAL AND DISPOSAL OF POLYCHLORINATED
BIPHENYLS (PCBs)
MOLD REMEDIATION
DIVISION 03 - CONCRETE
03 01 30.71
03 01 30
03 11 13.00 10
03 11 19.00 10
03 15 00.00 10
03 15 15.00 14
03 15 20.00 14
03 20 00.00 10
03 23 00
03 30 00.00 10
03 30 00
03 30 53
03 31 01.00 10
03 33 00
03 37 29
03 45 33
03 51 01
03 52 00
03 52 16.19
03 52 16
03 62 16
CONCRETE REHABILITATION
RESTORATION OF CONCRETE IN HISTORIC STRUCTURES
STRUCTURAL CAST-IN-PLACE CONCRETE FORMING
INSULATING CONCRETE FORMING
CONCRETE ACCESSORIES
CONCRETE AND ANCHOR BOLTS
EPOXY ANCHORS
CONCRETE REINFORCING
STEEL STRESSING TENDONS AND ACCESSORIES FOR
PRESTRESSED CONCRETE
CAST-IN-PLACE CONCRETE
CAST-IN-PLACE CONCRETE
MISCELLANEOUS CAST-IN-PLACE CONCRETE
CAST-IN-PLACE STRUCTURAL CONCRETE FOR CIVIL
WORKS
CAST-IN-PLACE ARCHITECTURAL CONCRETE
CONCRETE FOR CONCRETE CUTOFF WALLS
PRECAST [ PRESTRESSED] STRUCTURAL CONCRETE
PRECAST ROOF DECKS
LIGHTWEIGHT CONCRETE ROOF INSULATION
LIGHTWEIGHT INSULATING CONCRETE OVERLAY
LIGHTWEIGHT INSULATING CONCRETE
METALLIC NON-SHRINK GROUTING
DIVISION 04 - MASONRY
04 01 00.91
04 20 00
04 21 13.13
RESTORATION AND CLEANING OF MASONRY IN HISTORIC
STRUCTURES
MASONRY
NONBEARING MASONRY VENEER/STEEL STUD WALLS
Page 2 of 14
DIVISION 04 – MASONRY (Cont’d)
04 21 26
GLAZED STRUCTURAL CLAY TILE AND PREFACED CONCRETE MASONRY UNITS
CONCRETE MASONRY UNITS
04 23 00
GLASS MASONRY UNITS
DIVISION 05 - METALS
05 05 23.13 10
05 05 23
05 12 00
05 14 00.13
05 21 13
05 21 16
05 21 19
05 21 23
05 30 00
05 40 00
05 50 11
05 50 13
05 50 14
05 50 15
05 51 00
05 51 33
05 52 00
05 52 00
05 72 00
ULTRASONIC INSPECTION OF WELDMENTS
WELDING, STRUCTURAL
STRUCTURAL STEEL
WELDING STRUCTURAL ALUMINUM FRAMING
DEEP LONGSPAN STEEL JOIST FRAMING
LONGSPAN STEEL JOIST FRAMING
OPEN WEB STEEL JOIST FRAMING
STEEL JOIST GIRDER FRAMING
STEEL DECKS
COLD-FORMED METAL FRAMING
STEEL PIPE GUARDS (BOLLARDS)
MISCELLANEOUS METAL FABRICATIONS
STRUCTURAL METAL FABRICATIONS
CIVIL WORKS FABRICATIONS
METAL STAIRS
METAL LADDERS
METAL RAILINGS
ALUMINUM RAILING
DECORATIVE METAL SPECIALTIES
DIVISION 06 - WOOD, PLASTICS, AND COMPOSITES
06 10 00
06 18 00
06 20 00
06 41 16.00 10
06 61 16
ROUGH CARPENTRY
GLUED-LAMINATED CONSTRUCTION
FINISH CARPENTRY
LAMINATE CLAD ARCHITECTURAL CASEWORK
SOLID POLYMER (SOLID SURFACING) FABRICATIONS
DIVISION 07 - THERMAL AND MOISTURE PROTECTION
07 11 13
07 12 00
07 13 53
07 14 00
07 16 19
07 17 00
07 19 00
07 21 13
07 21 16
07 21 23
07 22 00
BITUMINOUS DAMPPROOFING
BUILT-UP BITUMINOUS WATERPROOFING
ELASTOMERIC SHEET WATERPROOFING
FLUID-APPLIED WATERPROOFING
METALLIC OXIDE WATERPROOFING
BENTONITE WATERPROOFING
WATER REPELLENTS
BOARD AND BLOCK INSULATION
MINERAL FIBER BLANKET INSULATION
LOOSE FILL THERMAL INSULATION
ROOF AND DECK INSULATION
Page 3 of 14
DIVISION 07 - THERMAL AND MOISTURE PROTECTION (Cont’d)
07 24 00
07 31 13
07 31 26
07 32 13
07 32 14
07 41 13
07 41 63
07 42 13
07 42 63
07 51 13
07 52 00
07 53 23
07 54 19
07 55 00
07 57 13
07 60 00
07 61 01
07 61 14.00 20
07 61 15.00 20
07 62 10
07 72 00
07 81 00
07 84 00
07 92 00
EXTERIOR INSULATION AND FINISH SYSTEMS
ASPHALT SHINGLES
SLATE ROOFING
ROOF TILES
CLAY TILE ROOFING REPLACEMENT OR REPAIR
METAL ROOF PANELS
FABRICATED ROOF PANEL ASSEMBLIES
METAL WALL PANELS
FABRICATED WALL PANEL ASSEMBLIES
BUILT-UP ASPHALT ROOFING
MODIFIED BITUMINOUS MEMBRANE ROOFING
ETHYLENE-PROPYLENE-DIENE-MONOMER ROOFING
POLYVINYL-CHLORIDE ROOFING
PROTECTED MEMBRANE ROOFING (PMR)
SPRAYED POLYURETHANE FOAM
FLASHING AND SHEET METAL
COPPER ROOF SYSTEM
STEEL STANDING SEAM ROOFING
ALUMINUM STANDING SEAM ROOFING
COPPER SHEET METAL FLASHING
ROOF VENTILATORS, GRAVITY-TYPE
SPRAY-APPLIED FIREPROOFING
FIRESTOPPING
JOINT SEALANTS
DIVISION 08 - OPENINGS
08 11 13
08 11 16
08 11 69
08 11 73
08 13 73
08 14 00
08 32 13
08 33 13
08 33 23
08 34 01
08 34 02
08 34 19.10 20
08 34 53
08 34 59
08 36 13
08 36 19
08 41 13
08 44 00
08 51 13
08 51 23
08 51 69.10
08 52 00
08 52 70
STEEL DOORS AND FRAMES
ALUMINUM DOORS AND FRAMES
METAL STORM DOORS
SLIDING FIRE DOORS
SLIDING METAL DOORS
WOOD DOORS
ALUMINUM SLIDING GLASS DOORS
METAL ROLLING COUNTER DOORS
OVERHEAD COILING DOORS
FORCED ENTRY RESISTANT COMPONENTS
BULLET-RESISTANT COMPONENTS
ROLLING SERVICE [AND FIRE] DOORS
SECURITY DOORS AND FRAMES
VAULT DOORS AND DAY GATES
SECTIONAL OVERHEAD DOORS
VERTICAL LIFT DOORS
ALUMINUM-FRAMED ENTRANCES AND STOREFRONTS
CURTAIN WALL AND GLAZED ASSEMBLIES
ALUMINUM WINDOWS
STEEL WINDOWS
ALUMINUM STORM WINDOWS
WOOD WINDOWS
WOOD WINDOWS - REPAIR AND REHABILITATION
Page 4 of 14
DIVISION 08 – OPENINGS (Cont’d)
08 56 53
08 60 45
08 71 00
08 71 13
08 81 00
08 91 00
BLAST RESISTANT TEMPERED GLASS WINDOWS
[SKYLIGHTS][ AND ][TRANSLUCENT PANELS]
DOOR HARDWARE
AUTOMATIC DOOR OPERATORS
GLAZING
METAL [WALL] [AND] [DOOR] LOUVERS
DIVISION 09 - FINISHES
09 06 90
09 22 00
09 22 36
09 23 00
09 23 82
09 24 23
09 26 00
09 29 00
09 30 13
09 35 16
09 51 00
09 65 00
09 65 66
09 66 13
09 66 16
09 66 23
09 67 23.13
09 68 00
09 72 00
09 83 13
09 90 00
09 96 00
09 96 59
09 97 13.00 40
09 97 13.27
09 97 13.28
09 97 30
COLOR SCHEDULE
SUPPORTS FOR PLASTER AND GYPSUM BOARD
LATH
GYPSUM PLASTERING
FIREPROOF GYPSUM PLASTERING
STUCCO
VENEER PLASTER
GYPSUM BOARD
CERAMIC TILING
CHEMICAL-RESISTANT QUARRY TILE
ACOUSTICAL CEILINGS
RESILIENT FLOORING
RESILIENT ATHLETIC FLOORING
PORTLAND CEMENT TERRAZZO
TERRAZZO TILE
RESINOUS TERRAZZO FLOORING
STANDARD RESINOUS FLOORING
CARPETING
WALLCOVERINGS
ACOUSTICAL WALL TREATMENT
PAINTS AND COATINGS
HIGH-PERFORMANCE COATINGS
HIGH-BUILD GLAZE COATINGS
STEEL COATINGS
EXTERIOR COATING OF STEEL STRUCTURES
PROTECTION OF BURIED STEEL PIPING AND STEEL
BULKHEAD TIE RODS
PREPARATION OF HISTORIC WOOD AND METAL SURFACES
FOR PAINTING
DIVISION 10 - SPECIALTIES
10 10 00
10 14 00.20
10 14 01
10 21 13
10 21 23.16
10 22 13
10 22 19
10 22 26.13
VISUAL COMMUNICATIONS SPECIALTIES
INTERIOR SIGNAGE
EXTERIOR SIGNAGE
TOILET COMPARTMENTS
CUBICLE TRACK AND HARDWARE
WIRE MESH PARTITIONS
DEMOUNTABLE MOVABLE PARTITIONS
ACCORDION FOLDING PARTITIONS
Page 5 of 14
DIVISION 10 – SPECIALTIES (Cont’d)
10 22 26.23
10 22 39
10 22 43
10 26 13
10 28 13
10 44 16
10 51 13
10 56 13
10 71 13.13
COILING PARTITIONS
FOLDING PANEL PARTITIONS
SLIDING PARTITIONS
WALL AND CORNER GUARDS
TOILET ACCESSORIES
FIRE EXTINGUISHERS
METAL LOCKERS
STEEL SHELVING
STORM SHUTTERS
DIVISION 11 - EQUIPMENT
(NOT USED)
DIVISION 12 - FURNISHINGS
12 21 00
12 22 00
12 24 13
12 31 00
12 32 00
12 34 00
12 36 00.00 20
12 36 00
12 48 13
12 50 00
12 65 00
12 93 00
WINDOW BLINDS
CURTAINS AND DRAPES
ROLLER WINDOW SHADES
MANUFACTURED METAL CASEWORK
MANUFACTURED WOOD CASEWORK
MANUFACTURED PLASTIC CASEWORK
MANUFACTURED VANITIES
COUNTERTOPS
ENTRANCE FLOOR MATS AND FRAMES
FURNITURE SYSTEMS
FIXED SEATING
SITE FURNISHINGS
DIVISION 13 - SPECIAL CONSTRUCTION
13 34 19
METAL BUILDING SYSTEMS
DIVISIONS 14 – 20 (NOT USED)
DIVISION 21 - FIRE SUPPRESSION
21 12 00
21 13 00.00 40
21 13 13.00 10
21 13 13.00
21 13 16.00 20
21 13 17.00 10
STANDPIPE SYSTEMS
FIRE-SUPPRESSION SPRINKLER SYSTEMS
WET PIPE SPRINKLER SYSTEM, FIRE PROTECTION
WET PIPE SPRINKLER SYSTEM, FIRE PROTECTION
DRY-PIPE FIRE SPRINKLER SYSTEMS
DRY PIPE SPRINKLER SYSTEM, FIRE PROTECTION
Page 6 of 14
DIVISION 22 - PLUMBING
22 00 00
22 05 48.00 20
22 07 19.00 40
22 10 00.00 10
22 11 23.00 10
22 13 29
22 13 36
22 14 29.00 40
22 15 09.00 40
22 15 13.16 40
22 15 14.00 40
22 15 19.19 20
22 15 26.00 20
PLUMBING, GENERAL PURPOSE
MECHANICAL SOUND, VIBRATION, AND SEISMIC CONTROL
PLUMBING PIPING INSULATION
VERTICAL PUMPS, AXIAL-FLOW AND MIXED-FLOW
IMPELLER-TYPE
SUBMERSIBLE PUMP, AXIAL-FLOW AND MIXED-FLOW TYPE
SANITARY SEWERAGE PUMPS
PNEUMATIC SEWAGE EJECTORS
SUMP PUMPS
GENERAL SERVICE COMPRESSED-AIR SYSTEMS CLEANING
PROCEDURES
HIGH-PRESSURE COMPRESSED-AIR PIPING, PIPING
COMPONENTS, AND VALVES, STAINLESS
GENERAL SERVICE COMPRESSED-AIR SYSTEMS, LOW
PRESSURE
NONLUBRICATED ROTARY SCREW AIR COMPRESSORS (10005/11)
NONLUBRICATED ROTARY SCREW AIR COMPRESSORS (100HP AND
LARGER)
HIGH AND MEDIUM PRESSURE COMPRESSED AIR PIPING
DIVISION 23 - HEATING, VENTILATING, AND AIR CONDITIONING
23 00 00
23 01 30.41
23 03 00.00 20
23 05 15
23 05 48.00 40
23 05 93
23 07 00
23 08 00.00 10
23 09 00
23 09 13.34 40
23 09 23.13 20
23 09 23
23 09 33.00 40
23 09 53.00 20
23 11 23
23 11 25
23 21 13.00 20
23 23 00
23 25 00
23 31 13.00 40
23 34 23.00 40
23 35 00.00 10
23 35 19.00 20
AIR SUPPLY, DISTRIBUTION, VENTILATION, AND
EXHAUST SYSTEMS
HVAC SYSTEM CLEANING
BASIC MECHANICAL MATERIALS AND METHODS
COMMON PIPING FOR HVAC
VIBRATION AND SEISMIC CONTROLS FOR HVAC PIPING
AND EQUIPMENT
TESTING, ADJUSTING, AND BALANCING FOR HVAC
THERMAL INSULATION FOR MECHANICAL SYSTEMS
COMMISSIONING OF HVAC SYSTEMS
INSTRUMENTATION AND CONTROL FOR HVAC
CONTROL VALVES, SELF-CONTAINED
BACnet DIRECT DIGITAL CONTROL SYSTEMS FOR HVAC
LONWORKS DIRECT DIGITAL CONTROL FOR HVAC AND
OTHER BUILDING CONTROL SYSTEMS
ELECTRIC AND ELECTRONIC CONTROL SYSTEM FOR HVAC
SPACE TEMPERATURE CONTROL SYSTEMS
GAS PIPING SYSTEMS
FACILITY GAS PIPING
LOW TEMPERATURE WATER (LTW) HEATING SYSTEM
REFRIGERANT PIPING
CHEMICAL TREATMENT OF WATER FOR MECHANICAL
SYSTEMS
METAL DUCTS
HVAC POWER VENTILATORS
OVERHEAD VEHICLE TAILPIPE[ AND WELDING FUME]
EXHAUST REMOVAL SYSTEM(S)
INDUSTRIAL VENTILATION AND EXHAUST
Page 7 of 14
DIVISION 23 - HEATING, VENTILATING, AND AIR CONDITIONING (Cont’d)
23 36 00.00 40
23 37 13.00 40
23 52 00
23 52 16.00 14
23 52 43.00 20
23 54 16.00 10
23 54 19
23 57 10.00 10
23 63 00.00 10
23 64 00
23 64 10
23 64 26
23 73 13.00 40
23 74 33.00 40
23 81 00.00 20
23 81 23.00 20
23 81 47
23 82 00.00 20
23 82 01.00 10
23 82 02.00 10
23 82 16.00 40
23 82 19.00 40
23 82 23.00 40
23 82 43.00 40
23 82 46.00 40
23 83 00.00 20
AIR TERMINAL UNITS
DIFFUSERS, REGISTERS, AND GRILLS
HEATING BOILERS
HYDRONIC CONDENSING BOILERS
LOW PRESSURE WATER HEATING BOILERS (UNDER
800,000 BTU/HR OUTPUT)
HEATING SYSTEM; GAS-FIRED HEATERS
BUILDING HEATING SYSTEMS, WARM AIR
FORCED HOT WATER HEATING SYSTEMS USING WATER
AND STEAM HEAT EXCHANGERS
COLD STORAGE REFRIGERATION SYSTEMS
PACKAGED WATER CHILLERS, ABSORPTION TYPE
WATER CHILLERS, VAPOR COMPRESSION TYPE
CHILLED, CHILLED-HOT, AND CONDENSER WATER
PIPING SYSTEMS
MODULAR INDOOR CENTRAL-STATION AIR-HANDLING
UNITS
PACKAGED, OUTDOOR, HEATING AND COOLING MAKEUP
AIR-CONDITIONERS
UNITARY AIR CONDITIONING EQUIPMENT
COMPUTER ROOM AIR CONDITIONING UNITS
WATER-LOOP AND GROUND-LOOP HEAT PUMP SYSTEMS
TERMINAL HEATING AND COOLING UNITS
WARM AIR HEATING SYSTEMS
UNITARY HEATING AND COOLING EQUIPMENT
AIR COILS
FAN COIL UNITS
UNIT VENTILATORS
ELECTRIC DUCT HEATERS
ELECTRIC UNIT HEATERS
ELECTRIC SPACE HEATING EQUIPMENT
DIVISIONS 24 (NOT USED)
DIVISION 25 - INTEGRATED AUTOMATION
25 08 10
25 10 00
25 10 10
UTILITY MONITORING AND CONTROL SYSTEM TESTING
INTEGRATED AUTOMATION SYSTEM (IAS)
UTILITY MONITORING AND CONTROL SYSTEM (UMCS)
FRONT END AND INTEGRATION
DIVISION 26 - ELECTRICAL
26 00 00.00 20
26 05 00.00 40
26 05 13.00 40
26 05 19.00 10
26 05 48.00 10
BASIC ELECTRICAL MATERIALS AND METHODS
COMMON WORK RESULTS FOR ELECTRICAL
MEDIUM-VOLTAGE CABLES
INSULATED WIRE AND CABLE
SEISMIC PROTECTION FOR ELECTRICAL EQUIPMENT
Page 8 of 14
DIVISION 26 - ELECTRICAL
26 05 70.00 40
26 05 71.00 40
26 08 00
26 09 13
26 09 23.00 40
26 11 13.00 20
26 11 14.00 10
26 11 16
26 12 19.00 40
26 12 19.10
26 12 21
26 13 00.00 20
26 13 01
26 18 23.00 40
26 20 00
26 22 00.00 10
26 23 00.00 40
26 23 00
26 24 16.00 40
26 24 19.00 40
26 27 13.10 30
26 27 14.00 20
26 28 00.00 10
26 28 01.00 10
26 28 21.00 40
26 29 01.00 10
26 29 02.00 10
26 29 23
26 32 13.00 20
26 32 14.00 10
26 32 15.00 10
26 32 26
26 32 33.00 10
26 33 53.00 20
26 35 33.00 40
26 35 43
26 35 46.00 20
26 36 00.00 10
26 36 23.00 20
26 41 00
26 51 00.00 40
26 51 00
HIGH VOLTAGE OVERCURRENT PROTECTIVE DEVICES
LOW VOLTAGE OVERCURRENT PROTECTIVE DEVICES
APPARATUS INSPECTION AND TESTING
POWER MONITORING SYSTEM
LIGHTING CONTROL DEVICES
PRIMARY UNIT SUBSTATION
MAIN ELECTRIC SUPPLY STATION AND SUBSTATION
SECONDARY UNIT SUBSTATIONS
PAD-MOUNTED, LIQUID-FILLED, MEDIUM-VOLTAGE
TRANSFORMERS
THREE-PHASE PAD-MOUNTED TRANSFORMERS
SINGLE-PHASE PAD-MOUNTED TRANSFORMERS
SF6/HIGH-FIREPOINT FLUIDS INSULATED PAD-MOUNTED
SWITCHGEAR
PAD-MOUNTED DEAD-FRONT AIR INSULATED SWITCHGEAR
MEDIUM-VOLTAGE SURGE ARRESTERS
INTERIOR DISTRIBUTION SYSTEM
480-VOLT STATION SERVICE SWITCHGEAR AND
TRANSFORMERS
SWITCHBOARDS AND SWITCHGEAR
SWITCHBOARDS AND SWITCHGEAR
PANELBOARDS
MOTOR CONTROL CENTERS
ELECTRIC METERS
ELECTRICITY METERING
MOTOR CONTROL CENTERS, SWITCHBOARDS AND
PANELBOARDS
COORDINATED POWER SYSTEM PROTECTION
AUTOMATIC TRANSFER SWITCHES
ELECTRIC MOTORS, 3-PHASE VERTICAL INDUCTION TYPE
ELECTRIC MOTORS, 3-PHASE VERTICAL SYNCHRONOUS
TYPE
VARIABLE FREQUENCY DRIVE SYSTEMS UNDER 600 VOLTS
SINGLE OPERATION GENERATOR SETS
DIESEL-GENERATOR SET, STATIONARY 15-300 KW,
STANDBY APPLICATIONS
DIESEL-GENERATOR SET STATIONARY 100-2500 KW,
WITH AUXILIARIES
MOTOR-GENERATOR SETS, 400 HERTZ (HZ)
UNINTERRUPTIBLE POWER SUPPLY (UPS) SYSTEM ABOVE
15 KVA CAPACITY
UNINTERRUPTIBLE POWER SUPPLY (UPS)
POWER FACTOR CORRECTION EQUIPMENT
400-HERTZ (HZ) SOLID STATE FREQUENCY CONVERTER
RADIO FREQUENCY INTERFERENCE POWER LINE FILTERS
AUTOMATIC TRANSFER SWITCH AND BY-PASS/ISOLATION
SWITCH
AUTOMATIC TRANSFER SWITCHES
LIGHTNING PROTECTION SYSTEM
INTERIOR LIGHTING
INTERIOR LIGHTING
Page 9 of 14
DIVISION 26 – ELECTRICAL (Cont’d)
26 52 00.00 40
26 53 00.00 40
26 55 53.00 40
26 56 00
26 56 13.00 40
26 56 19.00 40
26 56 23.00 40
26 56 36.00 40
26 60 13.00 40
EMERGENCY LIGHTING
EXIT SIGNS
SECURITY LIGHTING
EXTERIOR LIGHTING
LIGHTING POLES AND STANDARDS
ROADWAY LIGHTING
AREA LIGHTING
FLOOD LIGHTING
LOW-VOLTAGE MOTORS
DIVISION 27 – COMMUNICATIONS
27 05 13.00 10
27 05 14.00 10
27 05 28.36 40
27 05 29.00 10
27 10 00
27 13 23.00 40
27 21 00.00 20
27 21 00.00 40
27 21 10.00 40
27 33 30.00 10
27 33 31.00 10
27 41 16.00 10
27 51 13.00 10
27 51 16
27 51 23.10
27 52 23.00 20
27 52 32.00 10
TWO-WAY RADIO DATA ETHERNET TRANSMISSION SYSTEM
CABLE TELEVISION PREMISES DISTRIBUTION SYSTEM
CABLE TRAYS FOR COMMUNICATIONS SYSTEMS
PROTECTIVE DISTRIBUTION SYSTEM (PDS) FOR
SIPRNET COMMUNICATION SYSTEMS
BUILDING TELECOMMUNICATIONS CABLING SYSTEM
COMMUNICATIONS OPTICAL BACKBONE CABLING
INTERCOMMUNICATION SYSTEM
FIBER OPTIC DATA TRANSMISSION SYSTEM
STAND-ALONE ONE-WAY RADIO CONTROL SYSTEM
ONE-WAY FM RADIO DATA CONTROL SYSTEM
TELEVISION SIGNAL RECEPTION SYSTEM
RADIO PAGING SYSTEM
RADIO AND PUBLIC ADDRESS SYSTEMS
NURSE CALL SYSTEM
NURSE CALL TONE-VISUAL (NCTV) SYSTEM
DIVISION 28 - ELECTRONIC SAFETY AND SECURITY
28 05 26.00 40
28 16 00.00 20
28 16 01.00 10
28 20 00.00 20
28 20 01.00 10
28 20 02
28 23 23.00 10
28 26 23
28 31 00.00 10
28 31 02.00 20
28 31 13.00 40
GROUNDING AND BONDING FOR ELECTRONIC SAFETY AND
SECURITY
BASIC INTRUSION DETECTION SYSTEMS (IDS)
SMALL INTRUSION DETECTION SYSTEM
ELECTRONIC SECURITY SYSTEMS (ESS), COMMERCIAL
ELECTRONIC SECURITY SYSTEM
CENTRAL MONITORING SERVICES FOR ELECTRONIC
SECURITY SYSTEMS
CLOSED CIRCUIT TELEVISION SYSTEMS
DURESS SIGNAL SYSTEM [FOR BRIG FACILITIES]
FIRE DETECTION AND ALARM SYSTEM, DIRECT CURRENT
LOOP
FIRE ALARM REPORTING SYSTEMS - DIGITAL
COMMUNICATORS
FIRE DETECTION AND ALARM CONTROL, GUI, AND
LOGIC SYSTEMS
Page 10 of 14
DIVISION 28 - ELECTRONIC SAFETY AND SECURITY (Cont’t)
28 31 33.00 10
28 31 33.13 20
28 31 49
28 31 63.00 20
28 31 64.00 10
28 31 73.00 20
28 31 74.00 20
28 31 75.00 10
28 31 76
28 33 00.00 40
28 40 01
FIRE ALARM REPORTING SYSTEM, RADIO TYPE
EXTERIOR FIRE REPORTING SYSTEM, RADIO TYPE
CARBON MONOXIDE DETECTORS
ANALOG/ADDRESSABLE INTERIOR FIRE ALARM SYSTEM
FIRE DETECTION AND ALARM SYSTEM, ADDRESSABLE
EXTERIOR FIRE ALARM SYSTEM, CLOSED CIRCUIT
TELEGRAPHIC TYPE
INTERIOR FIRE DETECTION AND ALARM SYSTEM
CENTRAL FIRE ALARM SYSTEM, DIGITAL ALARM
COMMUNICATOR TYPE
INTERIOR FIRE ALARM AND MASS NOTIFICATION SYSTEM
FUEL-GAS DETECTION AND ALARM
WATCHTOUR SYSTEM [FOR BRIG FACILITIES]
DIVISION 31 - EARTHWORK
31 00 00
31 05 19
31 05 20
31 05 21
31 05 22
31 09 16.15 14
31 11 00
31 11 00
31 23 00.00 20
31 23 19
EARTHWORK
GEOTEXTILE
GEOSYNTHETIC DRAINAGE LAYER
GEOGRID SOIL REINFORCEMENT
GEOTEXTILES USED AS FILTERS
VIBRATION MONITORING
CLEARING AND GRUBBING
CLEARING, GRUBBING, AND STRIPPING
EXCAVATION AND FILL
DEWATERING
DIVISION 32 - EXTERIOR IMPROVEMENTS
32 00 00
32 01 13.00 20
32 01 13
32 01 16.17
32 01 17.16
32 01 19.61
32 01 19
32 01 20
32 01 22
32 01 29.61
32 01 29.62
32 05 33
32 11 10
RUBBER WHEEL STOPS
EMULSIFIED ASPHALT SEAL COATS [WITH] [WITHOUT]
AGGREGATE
BITUMINOUS SEAL AND FOG COATS
COLD MILLING OF BITUMINOUS PAVEMENTS
SEALING OF CRACKS IN BITUMINOUS PAVEMENTS
RESEALING OF JOINTS IN RIGID PAVEMENT
FIELD MOLDED SEALANTS FOR SEALING JOINTS IN
RIGID PAVEMENTS
SEALING OF JOINTS BETWEEN NEW ASPHALT PAVEMENT AND
CONCRETE CURB AND GUTTERS
BITUMINOUS REJUVENATION
PARTIAL DEPTH PATCHING OF RIGID PAVING
SLABJACKING RIGID PAVEMENTS
LANDSCAPE ESTABLISHMENT
DRAINAGE LAYER
Page 11 of 14
DIVISION 32 - EXTERIOR IMPROVEMENTS
32 11 16.16
32 11 16
32 11 23
32 11 24
32 11 26.16
32 11 26
32 11 27
32 11 33
32 11 34
32 12 10
32 12 11
32 12 16
32 13 13.06
32 17 23
32 13 73
32 15 00
32 16 13
32 17 23.00 20
32 31 13.53
32 31 13
32 92 10
32 92 19
32 92 23
32 93 00
32 96 00
[BASE COURSE FOR RIGID] [AND SUBBASE COURSE FOR
FLEXIBLE] [SUBBASE COURSE FOR PERVIOUS] PAVING
[BASE COURSE FOR RIGID][ AND ][SUBBASES FOR
FLEXIBLE] PAVING
AGGREGATE AND/OR GRADED-CRUSHED AGGREGATE BASE
COURSE
GRADED CRUSHED AGGREGATE BASE COURSE FOR
[PERVIOUS][FLEXIBLE] PAVEMENT
BITUMINOUS CONCRETE BASE COURSE
BITUMINOUS BASE COURSE
BITUMINOUS-STABILIZED BASE COURSE, SUBBASE, OR
SUBGRADE
CEMENT STABILIZED [BASE] [SUBBASE] COURSE AT
ROADS
PORTLAND CEMENT-STABILIZED BASE OR SUBBASE
COURSE
BITUMINOUS TACK AND PRIME COATS
BITUMINOUS SURFACE TREATMENT
HOT-MIX ASPHALT (HMA) FOR ROADS
PORTLAND CEMENT CONCRETE PAVEMENT FOR ROADS AND
SITE FACILITIES
PAVEMENT MARKINGS
COMPRESSION JOINT SEALS FOR CONCRETE PAVEMENTS
AGGREGATE SURFACE COURSE
CONCRETE SIDEWALKS AND CURBS AND GUTTERS
PAVEMENT MARKINGS
HIGH-SECURITY CHAIN LINK FENCES AND GATES
CHAIN LINK FENCES AND GATES
REPAIR OF DAMAGED TURFED AREAS
SEEDING
SODDING
EXTERIOR PLANTS
TRANSPLANTING EXTERIOR PLANTS
DIVISION 33 - UTILITIES
33 01 50.01
33 05 16
33 05 23.13
33 05 23.19
33 11 00
33 11 23
33 12 33.00 30
33 20 00
3 30 00
33 32 13.13
33 32 13.14
33 34 00
33 34 13
33 40 00
33 51 13.00 30
CLEANING FUEL STORAGE TANKS
CONCRETE POLES
UTILITY HORIZONTAL DIRECTIONAL DRILLING
TRENCHLESS EXCAVATION USING MICROTUNNELING
WATER DISTRIBUTION
NATURAL GAS AND LIQUID PETROLEUM PIPING
WATER UTILITY METERING
WATER WELLS
SANITARY SEWERS
PACKAGED SEWAGE LIFT STATIONS, WET WELL TYPE
PACKAGED SEWAGE LIFT STATIONS, GRINDER PUMP TYPE
FORCE MAINS AND INVERTED SIPHONS; SEWER
SIPHONS, DOSING
STORM DRAINAGE UTILITIES
NATURAL-GAS METERING
Page 12 of 14
33 51 15
33 52 10
33 56 10
33 56 13.13
33 56 13.15
33 56 53
33 56 63
33 58 00
33 59 00
33 60 01
33 61 15
33 63 13
33 63 14
33 63 16
33 65 00
33 71 01.00 40
33 71 01
33 71 02
33 73 00.00 40
33 75 00.00 40
33 77 19.00 40
33 77 36.00 40
33 82 00
NATURAL-GAS / LIQUID PETROLEUM GAS DISTRIBUTION
SERVICE PIPING, FUEL SYSTEMS
FACTORY-FABRICATED FUEL STORAGE TANKS
STEEL TANKS WITH FIXED ROOFS
UNDERTANK INTERSTITIAL SPACE
PRESSURE VESSELS FOR STORAGE OF COMPRESSED GASES
FUEL IMPERMEABLE LINER SYSTEM
LEAK DETECTION FOR FUELING SYSTEMS
TIGHTNESS TESTING OF EXISTING UNDERGROUND FUEL
SYSTEMS
VALVES, PIPING, AND EQUIPMENT IN VALVE MANHOLES
HEAT DISTRIBUTION SYSTEMS IN CONCRETE TRENCHES
EXTERIOR UNDERGROUND STEAM DISTRIBUTION SYSTEM
EXTERIOR BURIED PUMPED CONDENSATE RETURN
EXTERIOR SHALLOW TRENCH STEAM DISTRIBUTION
CLEANING PETROLEUM STORAGE TANKS
OVERHEAD TRANSMISSION AND DISTRIBUTION
OVERHEAD TRANSMISSION AND DISTRIBUTION
UNDERGROUND ELECTRICAL DISTRIBUTION
UTILITY TRANSFORMERS
SWITCHGEAR AND PROTECTION DEVICES
MEDIUM-VOLTAGE GAS SWITCH
MEDIUM-VOLTAGE UTILITY FUSES
TELECOMMUNICATIONS OUTSIDE PLANT (OSP)
DIVISION 40 - PROCESS INTEGRATION
40 05 13.96
40 05 13
40 17 26.00 20
40 17 30.00 40
40 18 00.00 40
40 95 00
40 95 33.23 20
WELDING PROCESS PIPING
PIPELINES, LIQUID PROCESS PIPING
WELDING PRESSURE PIPING
WELDING GENERAL PIPING
VACUUM SYSTEMS PROCESS PIPING
PROCESS CONTROL
FIBER OPTIC (FO) OUTSIDE PLANT (OSP) MEDIA
DIVISION 41 - MATERIAL PROCESSING AND HANDLING EQUIPMENT
41 22 13.13
41 22 13.14
41 22 13.15
BRIDGE CRANES
BRIDGE CRANES, OVERHEAD ELECTRIC, TOP RUNNING
BRIDGE CRANES, OVERHEAD ELECTRIC, UNDER RUNNING
42 - PROCESS HEATING, COOLING, AND DRYING EQUIPMENT
42 22 00.00 40
42 22 13.00 40
42 22 16.00 40
42 23 13.00 40
PROCESS CHILLERS AND COOLERS
CENTRIFUGAL PROCESS CHILLERS AND COOLERS
RECIPROCATING PROCESS CHILLERS AND COOLERS
PROCESS CONDENSERS
Page 13 of 14
DIVISION 43 - PROCESS GAS AND LIQUID HANDLING, PURIFICATION, AND STORAGE
EQUIPMENT
43 11 00
43 13 13.13
43 15 00.00 20
43 21 13
43 21 39
43 41 16.16 40
FANS/BLOWERS/PUMPS; OFF-GAS
VAPOR PHASE ACTIVATED CARBON ADSORPTION UNITS
LOW PRESSURE COMPRESSED AIR PIPING
(NON-BREATHING AIR TYPE)
PUMPS: WATER, CENTRIFUGAL
PUMPS: WATER, VERTICAL TURBINE
VERTICAL ATMOSPHERIC TANKS AND VESSELS
-- End of Task Order Table of Contents --
Page 14 of 14
SECTION 00 73 46
WAGE RATES
PART 1
1.1
1.2
GENERAL
DAVIS-BACON GENERAL DECISIONS
WAGE RATE
PART 2
PRODUCTS
PART 3
EXECUTION
SECTION 00 73 46
WAGE RATES
PART 1
1.1
GENERAL
DAVIS-BACON GENERAL DECISIONS
The Department of Labor (DOL) Davis-Bacon General Decisions for labor rates
that cover the states of Illinois, Indiana, Iowa, Michigan, Minnesota,
Missouri, Ohio, and Wisconsin included in the awarded Task Order will be
the current General Decision. If the Government issues a Final Proposal
Request, an updated version of the General Decisions will be provided. At
the time of award, the current General Decisions will be added by
amendment. New General Decisions will be provided to the Contractor for
subsequent Task Orders.
1.2
WAGE RATE
The current Wage Determination(s) covering the task order: location, and
construction type will be included in SECTION 00 73 46 - WAGE RATES for
each Task Order.
PART 2
PRODUCTS
Not Used
PART 3
EXECUTION
Not Used
DOCUMENT 00 73 46
Page 1
SECTION 01 11 00
SUMMARY OF WORK
PART 1
1.1
1.2
GENERAL
SUMMARY OF WORK
PROJECT LOCATION
PART 2
PRODUCTS
PART 3
EXECUTION
SECTION TABLE OF CONTENTS 01 11 00 Page 1
SECTION 01 11 00
SUMMARY OF WORK
PART 1
GENERAL
The purpose of the Multiple Award Task Order Contract (MATOC)is to provide
construction capabilities for repair and rehabilitation of Army facilities.
Projects will involve construction on buildings and grounds at various
locations throughout an eight state area.
1.1
SUMMARY OF WORK
The work may consist of but not be limited to: general carpentry; doors;
windows; roofing; gutters; moisture & thermal protection; masonry including rehabilitation of historic stone structures; metal buildings;
lead paint and asbestos removal/remediation; interior & exterior finishes;
furnishings; HVAC; plumbing; fire suppression; fuel systems; building
automation systems controls; power distribution; backup generation;
lighting; communications; security systems; motor controls; parking lot
paving/striping; sidewalks; concrete repairs; asphalt sealing; fencing;
minor earthwork; clearing/grubbing; landscaping; directional boring; tree
removal; minor demolition; and underground storage tank removal.
1.2
PROJECT LOCATION
The Contractors for the MATOC must be able to work in the States listed as
follows: Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and
Wisconsin.
PART 2
PRODUCTS
Not Used
PART 3
EXECUTION
Not Used
SECTION 01 11 00
Page 1
SECTION 01 22 00
PART 1
1.1
GENERAL
PART 2
MATERIALS
PART 3
EXECUTION
SECTION 01 22 00
PART 1
1.1
GENERAL
Measurement and payment will be included in SECTION 01 22 00 - MEASUREMENT
AND PAYMENT for each Task Order.
PART 2
MATERIALS
Not Used
PART 3
EXECUTION
Not Used
SECTION 01 22 00
Page 1
SECTION 01 33 00
PART 1
GENERAL
1.1
SUBMITTAL
1.2
DEFINITIONS
1.2.1
Submittal Descriptions (SD)
1.2.2
Approving Authority
1.2.3
Work
1.3
SUBMITTALS
1.4
SUBMITTAL CLASSIFICATION
1.4.1
Government Approved
1.4.2
Information Only
1.5
TRANSMITTAL FORM PREPARATION
1.5.1
Electronic Process
1.5.2
Large Transmittal Submission
1.5.3
SD-04 Sample Transmittal Submission
1.5.4
Electronic Approval/Disapproval
1.6
INFORMATION ONLY SUBMITTALS
1.7
VARIATIONS / SUBSTITUTION REQUESTS
1.7.1
Considering Variations
1.7.2
Proposing Variations
1.7.3
Warranting That Variations Are Compatible
1.7.4
Review Schedule Is Modified
1.8
SUBMITTAL REGISTER
1.8.1
Use of Submittal Register
1.8.2
Contractor Use of Submittal Register
1.8.3
Approving Authority Use of Submittal Register
1.8.4
Contractor Action Code and Action Code
1.9
SCHEDULING
1.10
GOVERNMENT APPROVING AUTHORITY
1.11
Review Notations
1.12
DISAPPROVED SUBMITTALS
1.13
APPROVED SUBMITTALS
1.14
APPROVED SAMPLES
1.15
STAMPS
PART 2
PRODUCTS
PART 3
EXECUTION
SECTION 01 33 00
PART 1
1.1
GENERAL
SUBMITTAL
Contract Clauses MATERIAL AND WORKMANSHIP and CONTRACT DRAWINGS AND
SPECIFICATIONS apply to all "submittals." The Task Order will identify
which submittals will be required.
1.2
1.2.1
DEFINITIONS
Submittal Descriptions (SD)
Required submittals are specified in the technical sections. Submittal
types are identified by SD numbers and titles; examples and definitions for
each of the submittal types are as follows:
Submittals which are required for commencing work on site. Submittals
required prior to the start of the next major phase of the construction
on a multi-phase Contract. Insurance, list of potential
subcontractors, schedules or tabular list of data or tabular list
including location, features, or other pertinent information regarding
products, materials, equipment, or components to be used in the work,
submitted prior to Contract notice to proceed or next major phase of
construction.
SD-02 Shop Drawings
a.
Drawings, diagrams and schedules specifically prepared to
illustrate some portion of the work.
b.
Diagrams and instructions from a manufacturer or fabricator for
use in producing the product and as aids to the Contractor for
integrating the product or system into the project.
c.
Drawings prepared by or for the Contractor to show how multiple
systems and interdisciplinary work will be coordinated.
SECTION 01 33 00
Page 1
SD-03 Product Data
a.
Catalog cuts, illustrations, schedules, diagrams, performance
charts, instructions and brochures illustrating size, physical
appearance and other characteristics of materials, systems or
equipment for some portion of the work.
b.
Samples of warranty language when the Contract requires extended
product warranties.
SD-04 Samples
a.
Fabricated or unfabricated physical examples of materials,
equipment or workmanship that illustrate functional and aesthetic
characteristics of a material or product and establish standards
by which the work can be judged.
b.
Color samples from the manufacturer's standard line (or custom
color samples if specified) to be used in selecting or approving
colors for the project.
c.
Field samples and mock-ups constructed on the
establish standards by which the ensuing work
Includes assemblies or portions of assemblies
incorporated into the project and those which
conclusion of the work.
project site
can be judged.
which are to be
will be removed at
SD-05 Design Data
Design calculations, mix designs, analyses or other data pertaining to
a part of work.
SD-06 Test Reports
a.
Report signed by authorized official of testing laboratory that a
material, product or system identical to the material, product or
system to be provided has been tested in accord with specified
requirements. (Testing must have been within three years of date
of Contract award for the project.)
b.
Report which includes findings of a test required to be performed
by the Contractor on an actual portion of the work or prototype
prepared for the project before shipment to job site.
c.
Report which includes finding of a test made at the job site or on
sample taken from the job site, on portion of work during or after
installation.
(1)
Investigation reports.
(2)
Daily logs and checklists.
(3)
Final acceptance test and operational test procedure.
SECTION 01 33 00
Page 2
SD-07 Certificates
a.
Statements printed on the manufacturer's letterhead and signed by
responsible officials of manufacturer of product, system or
material attesting that product, system or material meets
specification requirements. Must be dated after award of project
Contract and clearly name the project.
b.
Document required of Contractor, or of a manufacturer, supplier,
installer or subcontractor through Contractor, the purpose of
which is to further quality of orderly progression of a portion of
the work by documenting procedures, acceptability of methods or
personnel qualifications.
(1)
Confined space entry permits.
(2)
Text of posted operating instructions.
SD-08 Manufacturer's Instructions
Preprinted material describing installation of a product, system or
material, including special notices and (MSDS)concerning impedances,
hazards and safety precautions.
SD-09 Manufacturer's Field Reports
Documentation of the testing and verification actions taken by
manufacturer's representative at the job site, in the vicinity of the
job site, or on a sample taken from the job site, on a portion of the
work, during or after installation, to confirm compliance with
manufacturer's standards or instructions. The documentation must be
signed by an authorized official of a testing laboratory or agency and
must state the test results; and indicate whether the material,
product, or system has passed or failed the test.
Factory test reports.
SD-10 Operation and Maintenance Data
Data that is furnished by the manufacturer, or the system provider, to
the equipment operating and maintenance personnel, including
manufacturer's help and product line documentation necessary to
maintain and install equipment. This data is needed by operating and
maintenance personnel for the safe and efficient operation, maintenance
and repair of the item.
This data is intended to be incorporated in an operations and
maintenance manual or control system.
SECTION 01 33 00
Page 3
1.2.2
a.
Documentation to record compliance with technical or
administrative requirements or to establish an administrative
mechanism.
b.
Special requirements necessary to properly close out a
construction Contract. For example, Record Drawings and as-built
drawings. Also, submittal requirements necessary to properly
close out a major phase of construction on a multi-phase Contract.
Approving Authority
Office or designated person authorized to approve submittal.
1.2.3
Work
As used in this section, on- and off-site construction required by Contract
documents, including labor necessary to produce submittals, construction,
materials, products, equipment, and systems incorporated or to be
incorporated in such construction.
1.3
SUBMITTALS
Government approval is required for submittals with a "G" designation;
submittals not having a "G" designation are for information only. When
used, a designation following the "G" designation identifies the office
that will review the submittal for the Government. Submit the following in
accordance with this section.
Submittal Register; G
1.4
SUBMITTAL CLASSIFICATION
Submittals are classified as follows:
1.4.1
Government Approved
Government approval is required for extensions of design, critical
materials, deviations, equipment whose compatibility with the entire system
must be checked, and other items as designated by the Contracting Officer.
Within the terms of the Contract Clause CONTRACT DRAWING S AND
SPECIFICATIONS, they are considered to be "shop drawings."
1.4.2
Information Only
Submittals not requiring Government approval will be for information only.
They are not considered to be "shop drawings" within the terms of the
Contract Clause referred to above.
SECTION 01 33 00
Page 4
1.5
TRANSMITTAL FORM PREPARATION
Use the attached Transmittal Form (ENG Form 4025) for submitting both
Government approved and information only submittals in accordance with the
instructions on the reverse side of the form. This form is Attachment B at
the end of this section. This form is produced and populated by the QCS
software and can be saved as a .pdf file. Properly complete this form by
filling out all the heading blank spaces and identifying each item
submitted. Exercise special care to ensure proper listing of the
specification paragraph and sheet number of the Contract drawings pertinent
to the data submitted for each item.
Once submittal documentation package is approved, one hard copy shall be
provided to the Contracting Officer.
1.5.1
Electronic Process
Transmitting the ENG 4025 and associated submittal document packages will
be processed using an electronic process.
The contractor shall email transmittals to the following email address:
[email protected] and a minimum of two
Government personnel email addresses, to be provided by the Government for
each task order. Likewise, the contractor shall provide a minimum of two
email addresses to receive reviewed submittals from the Government. The
subject of each email shall include the contract number and the transmittal
number, e.g. W912EK-14-C-XXXX, 00 73 05-1. All files shall be in .pdf
format.
1.5.2
Large Transmittal Submission
For transmittal document files that are too large for e-mail transmission
(usually 10 MB or larger), the Contractor shall post the transmittal to a
commercially available document sharing website where access can be given
to Government personnel. The Contractor shall send an e-mail to the
address listed above and the appropriate Government personnel stating the
file is available for download. The e-mail subject and file name shall be
of the same format as mentioned above.
1.5.3
SD-04 Sample Transmittal Submission
For samples, the Contractor shall submit a hard copy of the ENG 4025 to the
address coordinated at the pre-construction conference with the samples
attached. The Contractor shall also submit an electronic ENG 4025 which
shall serve as the official approval/disapproval document for the
submission. The sample shall be kept by the Government unless otherwise
coordinated.
1.5.4
Electronic Approval/Disapproval
The Government will electronically approve/disapprove the transmittal, sign
the transmittal, and e-mail the completed package to the Contractor.
SECTION 01 33 00
Page 5
1.6
INFORMATION ONLY SUBMITTALS
Normally submittals for information only will not be returned. Approval of
the Contracting Officer is not required on information only submittals.
The Government reserves the right to require the Contractor to resubmit any
item found not to comply with the Contract. This does not relieve the
Contractor from the obligation to furnish material conforming to the
drawings and specifications; will not prevent the Contracting Officer from
requiring removal and replacement of nonconforming material incorporated in
the work; and does not relieve the Contractor of the requirement to furnish
samples for testing by the Government laboratory or for check testing by
the Government in those instances where the technical specifications so
prescribe.
1.7
VARIATIONS / SUBSTITUTION REQUESTS
Variations from Contract requirements require Government approval pursuant
to Contract Clause FAR 52.236-21 and will be considered where advantageous
to the Government.
1.7.1
Considering Variations
a.
Discussion with Contracting Officer prior to submission, will help
ensure functional and quality requirements are met and minimize
rejections and re-submittals. When contemplating a variation which
results in lower cost, consider submission of the variation as a Value
Engineering Change Proposal (VECP).
b.
Specifically point out variations from Contract requirements in
transmittal letters. Failure to point out deviations may result in the
Government requiring rejection and removal of such work at no
additional cost to the Government.
1.7.2
Proposing Variations
a.
When proposing variation, deliver written request to the Contracting
Officer, with documentation of the nature and features of the variation
and why the variation is desirable and beneficial to Government. If
lower cost is a benefit, also include an estimate of the cost savings.
In addition to documentation required for variation, include the
submittals required for the item. Clearly mark the proposed variation
in all documentation.
b.
Check the column "variation" of ENG Form 4025 for submittals which
include proposed deviations requested by the Contractor. Set forth in
writing the reason for any deviations and annotate such deviations on
the submittal. The Government reserves the right to rescind
inadvertent approval of submittals containing unnoted deviations.
1.7.3
Warranting That Variations Are Compatible
When delivering a variation for approval, Contractor warrants that this
Contract has been reviewed to establish that the variation, if
incorporated, will be compatible with other elements of work.
SECTION 01 33 00
Page 6
1.7.4
Review Schedule Is Modified
In addition to normal submittal review period, a period of 10 working days
will be allowed for consideration by the Government of submittals with
variations.
1.8
SUBMITTAL REGISTER
a.
The Contractor shall complete the all necessary columns as stated
within this section and return to the Contracting Officer for approval
within 30 calendar days after Notice to Proceed. The Contractor shall
keep the submittal register up to date. The Contractor shall provide
one copy of the finally approved submittal register after the final
inspection and prior to close out of the Contract.
b.
Prepare and maintain submittal register, for each Task Order as the
work progresses. Do not change data which is output in columns (c),
(d), (e), and (f) as delivered by Government; retain data which is
output in columns (a), (g), (h), and (i) as approved. A submittal
register showing items of equipment and materials for which submittals
are required by the specifications is provided in each Task Order as an
attachment. This list may not be all inclusive and additional
submittals may be required. Maintain a submittal register for the
project in accordance with this section and Section 01 45 04 CONTRACTOR
QUALITY CONTROL.
(1) Column (c):
required.
Lists specification section in which submittal is
(2) Column (d): Lists each submittal description (SD No. and type,
e.g. SD-02 Shop Drawings) required in each specification section.
(3) Column (e): Lists one principal paragraph in specification
section where a material or product is specified. This listing is
only to facilitate locating submitted requirements. Do not
consider entries in column (e) as limiting project requirements.
c.
1.8.1
Thereafter, the Contractor is to track all submittals by maintaining a
complete list, including completion of all data columns, including
dates on which submittals are received and returned by the Government.
Use of Submittal Register
Submit submittal register. Submit with QC plan and project schedule.
Verify that all submittals required for project are listed and add missing
submittals. Coordinate and complete the following fields on the register
submitted with the QC plan and the project schedule:
Column (a) Activity Number:
schedule.
Activity number from the project
Column (g) Contractor Submit Date:
authority to receive submittals.
SECTION 01 33 00
Scheduled date for approving
Page 7
Column (i) Contractor Material: Date that Contractor needs
material delivered to Contractor control.
1.8.2
Contractor Use of Submittal Register
Update the following fields with each submittal throughout Contract.
Column (b) Transmittal Number:
consecutive numbers.
Contractor assigned list of
Column (j) Action Code (k): Date of action used to record
Contractor's review when forwarding submittals to QC.
Column (l) List date of submittal transmission.
Column (q) List date approval received.
1.8.3
Approving Authority Use of Submittal Register
Update the following fields:
Column (b) Transmittal Number:
consecutive numbers.
Contractor assigned list of
Column (l) List date of submittal receipt.
Column (m) through (p)List Date related to review actions.
Column (q) List date returned to Contractor.
1.8.4
Contractor Action Code and Action Code
Entries for columns (j) and (o), are to be used are as follows (others may
be prescribed by Transmittal Form):
NR - Not Received
AN - Approved as noted
A - Approved
RR - Disapproved, Revise, and Resubmit
1.9
SCHEDULING
Schedule and submit concurrently submittals covering component items
forming a system or items that are interrelated. Include certifications to
be submitted with the pertinent drawings at the same time. Adequate time
(a minimum of 30 calendar days exclusive of mailing time) shall be allowed
and shown on the register for review and approval. No delay damages or
time extensions will be allowed for time lost in late submittals.
a.
Coordinate scheduling, sequencing, preparing and processing of
submittals with performance of work so that work will not be delayed by
submittal processing. Allow for potential resubmittal of requirements.
SECTION 01 33 00
Page 8
b.
Submittals called for by the Contract documents will be listed on the
register. If a submittal is called for but does not pertain to the
Contract work, the Contractor is to include the submittal in the
register and annotate it "N/A" with a brief explanation. Approval by
the Contracting Officer does not relieve the Contractor of supplying
submittals required by the Contract documents but which have been
omitted from the register or marked "N/A".
c.
Re-submit register and annotate monthly by the Contractor with actual
submission and approval dates. When all items on the register have
been fully approved, no further re-submittal is required.
d.
Carefully control procurement operations to ensure that each individual
submittal is made on or before the Contractor scheduled submittal date
shown on the approved "Submittal Register."
1.10
GOVERNMENT APPROVING AUTHORITY
When approving authority is Contracting Officer, the Government will:
a.
Note date on which submittal was received.
b.
Review submittals for approval within scheduling period specified and
only for conformance with project design concepts and compliance with
Contract documents.
c.
Identify returned submittals with one of the actions defined in
paragraph *** REVIEW NOTATIONS *** and with markings appropriate for
action indicated.
Upon completion of review of submittals requiring Government approval,
stamp and date approved submittals. Four copies of the approved submittal
will be retained by the Contracting Officer and one copy of the submittal
will be returned to the Contractor.
1.11
Review Notations
Contracting Officer review will be completed within 30 calendar days after
date of submission. Submittals will be returned to the Contractor with the
following notations:
a.
Submittals marked "approved" or "accepted" authorize the Contractor to
proceed with the work covered.
b.
Submittals marked "approved as noted" "or approved except as noted,
resubmittal not required," authorize the Contractor to proceed with the
work covered provided he takes no exception to the corrections.
c.
Submittals marked "not approved" or "disapproved," or "revise and
resubmit," indicate noncompliance with the contract requirements or
design concept, or that submittal is incomplete. Resubmit with
appropriate changes. No work shall proceed for this item until
resubmittal is approved.
SECTION 01 33 00
Page 9
d.
1.12
Submittals marked "not reviewed" will indicate submittal has been
previously reviewed and approved, is not required, does not have
evidence of being reviewed and approved by Contractor, or is not
complete. A submittal marked "not reviewed" will be returned with an
explanation of the reason it is not reviewed. Resubmit submittals
returned for lack of review by Contractor or for being incomplete, with
appropriate action, coordination, or change.
DISAPPROVED SUBMITTALS
a.
Contractor shall make corrections required by the Contracting Officer.
If the Contractor considers any correction or notation on the returned
submittals to constitute a change to the Contract drawings or
specifications; notice as required under the clause CHANGES is to be
given to the Contracting Officer. Contractor is responsible for the
dimensions and design of connection details and construction of work.
Failure to point out deviations may result in the Government requiring
rejection and removal of such work at the Contractor's expense.
b.
If changes are necessary to submittals, the Contractor shall make such
revisions and submission of the submittals in accordance with the
procedures above. No item of work requiring a submittal change is to
be accomplished until the changed submittals are approved.
1.13
APPROVED SUBMITTALS
The Contracting Officer's approval or acceptance of submittals is
not be construed as a complete check, and indicates only that the general
method of construction, materials, detailing and other information are
satisfactory. Approval or acceptance will not relieve the Contractor of
the responsibility for any error which may exist, as the Contractor under
the Contractor Quality Control (CQC) requirements of this Contract is
responsible for dimensions, the design of adequate connections and details,
and the satisfactory construction of all work. After submittals have been
approved or accepted by the Contracting Officer, no resubmittal for the
purpose of substituting materials or equipment will be considered unless
accompanied by an explanation of why a substitution is necessary.
1.14
APPROVED SAMPLES
a.
Approval of a sample is only for the characteristics or use named in
such approval and is not be construed to change or modify any Contract
requirements. Before submitting samples, the Contractor to assure that
the materials or equipment will be available in quantities required in
the project. No change or substitution will be permitted after a
sample has been approved.
b.
Match the approved samples for Materials and equipment incorporated in
the work. If requested, approved samples, including those which may be
damaged in testing, will be returned to the Contractor, at his expense,
upon completion of the Contract. Samples not approved will also be
returned to the Contractor at its expense, if so requested.
SECTION 01 33 00
Page 10
c.
Failure of any materials 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. Government reserves the
right to disapproved any material or equipment which previously has
proved unsatisfactory in service.
d.
Samples of various materials or equipment delivered on the site or in
place may be taken by the Contracting Officer for testing. Samples
failing to meet Contract requirements will automatically void previous
approvals. Contractor to replace such materials or equipment to meet
Contract requirements.
e.
Approval of the Contractor's samples by the Contracting Officer does
not relieve the Contractor of his responsibilities under the Contract.
1.15
STAMPS
Stamps used by the Contractor on the submittal data to certify that the
submittal meets Contract requirements is to be similar to the following:
________________________________________________________________________
|
CONTRACTOR
|
|
|
|
(Firm Name)
|
|
|
|
|
|
|
| _____ Approved
|
|
|
|
|
| _____ Approved with corrections as noted on submittal data and/or
|
| attached sheets(s)
|
|
|
|
|
|
|
| SIGNATURE: __________________________________________________________ |
|
|
| TITLE: ______________________________________________________________ |
|
|
| DATE: _______________________________________________________________ |
|
|
|________________________________________________________________________|
PART 2
PRODUCTS
Not Used
PART 3
EXECUTION
Not Used
SECTION 01 33 00
Page 11
CONTRACT NO.
SUBMITTAL REGISTER
TITLE AND LOCATION
CONTRACTOR
A
C
T
I
V
I
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Y
T
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S
M
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A
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(a)
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P
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O
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E
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ITEM SUBMITTED
P
A
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A
G#
R
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H
(b)
(c)
(d)
(e)
00 10 10
00 70 00
00 73 05
01 33 00
01 35 26
01 45 04
01 57 20
SUBMITTAL FORM,Jan 96
DESCRIPTION
Insurance
Accident Prevention Plan (APP)
Schedules for Construction
Contracts
Payrolls - Labor (52.222-8)
Pre-Construction Condition
Survey
Permits
Post-Construction Condition
Survey
Submittal Register
Activity Hazard Analysis (AHA)
SD-06 Test Reports
Reports
Accident Reports
Exposure Reports
Contractor Quality Control (CQC)
Plan
CONTRACTOR:
SCHEDULE DATES
G
O
V
T
C
L
A
S
S
I
F
I
C
A
T
I
O
N
CONTRACTOR
ACTION
O
R
A
C
T
I
O
N
A
/
E
R
E
V
W
R
(f)
SUBMIT
(g)
APPROVAL MATERIAL
NEEDED
NEEDED
BY
BY
(h)
(i)
APPROVING AUTHORITY
A
C
T
I
O
N
DATE FWD
TO APPR
AUTH/
C
O
D
E
DATE
OF
ACTION
(j)
(k)
DATE RCD DATE FWD DATE RCD
FROM
TO OTHER FROM OTH
CONTR REVIEWER REVIEWER
(l)
(m)
(n)
MAILED
TO
CONTR/
C
O
D
E
DATE
OF
ACTION
DATE RCD
FRM APPR
AUTH
REMARKS
(o)
(p)
(q)
(r)
G CT
G AO
G AO
1.7
G AO
1.12
1.7
G AO
1.8
G
1.7
G
1.11
1.11.1
1.11.3
3.2.1
G
PREVIOUS EDITION IS OBSOLETE
PAGE 1 OF 2 PAGES
CONTRACT NO.
SUBMITTAL REGISTER
TITLE AND LOCATION
CONTRACTOR
A
C
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I
V
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Y
T
R
A
N
S
M
I
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A
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(a)
S
P
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N
O
S
E
C
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ITEM SUBMITTED
P
A
R
A
G#
R
A
P
H
(b)
(c)
(d)
(e)
01 57 20
SUBMITTAL FORM,Jan 96
DESCRIPTION
Environmental Protection Plan
1.7
CONTRACTOR:
SCHEDULE DATES
G
O
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L
A
S
S
I
F
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C
A
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I
O
N
CONTRACTOR
ACTION
O
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A
C
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I
O
N
A
/
E
R
E
V
W
R
(f)
SUBMIT
(g)
APPROVAL MATERIAL
NEEDED
NEEDED
BY
BY
(h)
(i)
APPROVING AUTHORITY
A
C
T
I
O
N
DATE FWD
TO APPR
AUTH/
C
O
D
E
DATE
OF
ACTION
(j)
(k)
DATE RCD DATE FWD DATE RCD
FROM
TO OTHER FROM OTH
CONTR REVIEWER REVIEWER
(l)
(m)
(n)
MAILED
TO
CONTR/
C
O
D
E
DATE
OF
ACTION
DATE RCD
FRM APPR
AUTH
REMARKS
(o)
(p)
(q)
(r)
GECDN
PREVIOUS EDITION IS OBSOLETE
PAGE 2 OF 2 PAGES
TRANSMITTAL OF SHOP DRAWINGS, EQUIPMENT DATA, MATERIAL SAMPLES, OR
MANUFACTURER'S CERTIFICATES OF COMPLIANCE
DATE
TRANSMITTAL NO.
For use of this form, see ER 415-1-10; the proponent agency is CECW-CE.
SECTION I - REQUEST FOR APPROVAL OF THE FOLLOWING ITEMS (This section will be initiated by the contractor)
TO:
FROM:
CONTRACT NO.
CHECK ONE:
THIS IS A NEW TRANSMITTAL
THIS IS A RESUBMITTAL OF
TRANSMITTAL
SPECIFICATION SEC. NO. (Cover only one section with each transmittal)
PROJECT TITLE AND LOCATION
THIS TRANSMITTAL IS FOR: (Check one)
FIO
ITEM
NO.
(See
Note 3)
a.
DESCRIPTION OF SUBMITTAL ITEM
(Type size, model number/etc.)
SUBMITTAL
TYPE CODE
(See Note 8)
NO.
OF
COPIES
b.
c.
d.
REMARKS
GA
CONTRACT DOCUMENT
REFERENCE
SPEC.
PARA. NO.
DRAWING
SHEET NO.
e.
f.
DA
CR
DA/CR
DA/GA
CONTRACTOR
REVIEW
CODE
VARIATION
Enter "Y" if
requesting
a variation
(See Note 6)
USACE
ACTION
CODE
(Note 9)
g.
h.
i.
I certify that the above submitted items had been reviewed in detail and are correct and in
strict conformance with the contract drawings and specifications except as otherwise stated.
NAME OF CONTRACTOR
SIGNATURE OF CONTRACTOR
SECTION II - APPROVAL ACTION
ENCLOSURES RETURNED (List by item No.)
ENG FORM 4025-R, MAR 2012
NAME AND TITLE OF APPROVING AUTHORITY
SIGNATURE OF APPROVING AUTHORITY
REPLACES EDITION OF MAR 95, WHICH IS OBSOLETE.
DATE
Page 1 of 2
INSTRUCTIONS
1. Section I will be initiated by the Contractor in the required number of copies.
2. Each Transmittal shall be numbered consecutively. The Transmittal Number typically includes two parts separated by a dash (-). The first part is the specification section
number. The second part is a sequential number for the submittals under that spec section. If the Transmittal is a resubmittal, then add a decimal point to the end of the
original Transmittal Number and begin numbering the resubmittal packages sequentially after the decimal.
3. The "Item No." for each entry on this form will be the same "Item No." as indicated on ENG FORM 4288-R.
4. Submittals requiring expeditious handling will be submitted on a separate ENG Form 4025-R.
5. Items transmitted on each transmittal form will be from the same specification section. Do not combine submittal information from different specification sections in a single
transmittal.
6. If the data submitted are intentionally in variance with the contract requirements, indicate a variation in column h, and enter a statement in the Remarks block describing he
detailed reason for the variation.
7. ENG Form 4025-R is self-transmitting - a letter of transmittal is not required.
8. When submittal items are transmitted, indicate the "Submittal Type" (SD-01 through SD-11) in column c of Section I.
Submittal types are the following:
SD-01 - Preconstruction
SD-07 - Certificates
SD-02 - Shop Drawings
SD-03 - Product Data
SD-08 - Manufacturer's Instructions
SD-04 - Samples
SD-05 - Design Data
SD-09 - Manufacturer's Field Reports
SD-10 - O&M Data
SD-06 - Test Reports
SD-11 - Closeout
9. For each submittal item, the Contractor will assign Submittal Action Codes in column g of Section I. The U.S. Army Corps of Engineers approving authority will assign Submittal
Action Codes in column i of Section I. The Submittal Action Codes are:
A -- Approved as submitted.
F --
Receipt acknowledged.
B -- Approved, except as noted on drawings. Resubmission not required.
X --
Receipt acknowledged, does not comply with contract requirements, as noted.
C -- Approved, except as noted on drawings. Refer to attached comments.
G --
Other action required (Specify)
K --
Government concurs with intermediate design. (For D-B contracts)
R --
Design submittal is acceptable for release for construction. (For D-B contracts)
Resubmission required.
D -- Will be returned by separate correspondence.
E -- Disapproved. Refer to attached comments.
10. Approval of items does not relieve the contractor from complying with all the requirements of the contract.
ENG FORM 4025-R, MAR 2012
Page 2 of 2
SECTION 01 35 26
PART 1
GENERAL
1.1
REFERENCES
1.2
SUBMITTALS
1.3
DEFINITIONS
1.4
REGULATORY REQUIREMENTS
1.5
SITE QUALIFICATIONS, DUTIES, AND MEETINGS
1.5.1
Personnel Qualifications
1.5.1.1
Site Safety and Health Officer (SSHO)
1.5.1.2
Construction Safety Hazard Awareness Training
1.5.1.3
Associate Safety professional (ASP), Certified Safety
Trained Supervisor (STS) and/or Construction Health and Safety
Technician (CHST)
1.5.1.4
Competent Person for Confined Space Entry
1.5.1.5
Crane Operators
1.5.1.6
Competent Person for Fall Protection
1.5.1.7
Qualified Person for Fall Protection
1.5.2
Site Safety and Health Officer (SSHO) Personnel Duties
1.5.3
Meetings
1.5.3.1
Preconstruction Conference
1.5.3.2
Safety Meetings
1.6
ACCIDENT PREVENTION PLAN (APP)
1.6.1
EM 385-1-1 Requirements
1.7
ACTIVITY HAZARD ANALYSIS (AHA)
1.8
PEDESTRIAN PROTECTION PLAN
1.9
DISPLAY OF SAFETY INFORMATION
1.10
EMERGENCY MEDICAL TREATMENT
1.11
REPORTS
1.11.1
Accident Reports
1.11.2
Accident Notification
1.11.3
Exposure Reports
1.11.4
Crane Reports
1.11.5
Certificate of Compliance
1.12
HOT WORK
1.13
HIGH NOISE LEVEL PROTECTION
1.14
SEVERE STORM PLAN
PART 2
PRODUCTS
PART 3
EXECUTION
3.1
CONSTRUCTION AND/OR OTHER WORK
3.1.1
Hazardous Material Exclusions
3.1.2
Unforeseen Hazardous Material
3.2
PRE-OUTAGE COORDINATION MEETING
3.3
SAFETY LOCKOUT/TAGOUT PROCEDURES - CONTROL OF HAZARDOUS ENERGY
3.3.1
Lock and Tag Placement
3.3.2
Lock and Tag Removal
3.4
FALL HAZARD PROTECTION AND PREVENTION PROGRAM
3.4.1
Training
3.4.2
Fall Protection Equipment and Systems
3.4.2.1
Personal Fall Arrest Equipment
3.4.3
Fall Protection for Roofing Work
3.4.4
Existing Anchorage
3.4.5
Horizontal Lifelines
3.4.6
Guardrails and Safety Nets
3.4.7
Rescue and Evacuation Procedures
3.5
EQUIPMENT
3.5.1
Material Handling Equipment
3.5.2
Weight Handling Equipment
3.6
EXCAVATIONS
3.6.1
Utility Locations
3.6.2
Utility Location Verification
3.6.3
Shoring Systems
3.6.4
Trenching Machinery
3.7
UTILITIES WITHIN CONCRETE SLABS
3.8
ELECTRICAL
3.8.1
Conduct of Electrical Work
3.8.2
Portable Extension Cords
3.9
WORK IN CONFINED SPACES
3.10
STILTS
SECTION 01 35 26
PART 1
1.1
GENERAL
REFERENCES
designation only.
AMERICAN SOCIETY OF SAFETY ENGINEERS (ASSE/SAFE)
ASSE/SAFE A10.32
(2012) Fall Protection
ASSE/SAFE A10.34
(2001; R 2012) Protection of the Public on
or Adjacent to Construction Sites
ASSE/SAFE Z359.1
(2007) Safety Requirements for Personal
Fall Arrest Systems, Subsystems and
Components
ASME INTERNATIONAL (ASME)
ASME B30.22
(2010) Articulating Boom Cranes
ASME B30.5
(2011) Mobile and Locomotive Cranes
U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)
29 CFR 1910
Occupational Safety and Health Standards
29 CFR 1910.146
Permit-required Confined Spaces
29 CFR 1910.147
Control of Hazardous Energy (Lock Out/Tag
Out)
29 CFR 1915
Confined and Enclosed Spaces and Other
Dangerous Atmospheres in Shipyard
Employment
29 CFR 1926
Safety and Health Regulations for
Construction
29 CFR 1926.21
Safety Training and Education
29 CFR 1926.500
Fall Protection
SECTION 01 35 26
Page 1
NATIONAL FIRE PROTECTION ASSOCIATION (NFPA)
NFPA 10
(2010e1) Portable Fire Extinguishers
NFPA 51B
(2009; TIA 09-1) Fire Prevention During
Welding, Cutting, and Other Hot Work
NFPA 70
(2011; 2nd Errata 2012) National
Electrical Code
NFPA 70E
(2012) Electrical Safety in the Workplace
1.2
SUBMITTALS
Government. Submit the following in accordance with Section 01 33 00
SUBMITTAL PROCEDURES:
Activity Hazard Analysis (AHA); G
SD-06 Test Reports
Reports
Accident Reports
Exposure Reports
1.3
DEFINITIONS
a.
High Visibility Accident. Any mishap which may generate publicity
and/or high visibility. This includes, but is not limited to, any type
of crane incident or electrical arc flashes.
b.
Medical Treatment. Treatment administered by a physician or by
registered professional personnel under the standing orders of a
physician. Medical treatment does not include first aid treatment even
through provided by a physician or registered personnel.
c.
Recordable Injuries or Illnesses.
that results in:
Any work-related injury or illness
(1) Death, regardless of the time between the injury and death, or the
length of the illness;
(2) Days away from work (any time lost after day of injury/illness
onset);
(3) Restricted work;
(4) Transfer to another job;
SECTION 01 35 26
Page 2
(5) Medical treatment beyond first aid;
(6) Loss of consciousness; or
(7) A significant injury or illness diagnosed by a physician or other
licensed health care professional, even if it did not result in
(1) through (6) above.
d.
1.4
"USACE" property and equipment specified in USACE EM 385-1-1 should be
interpreted as Government property and equipment.
REGULATORY REQUIREMENTS
In addition to the detailed requirements included in the provisions of this
Contract, comply with USACE EM 385-1-1, Federal, state, and local, laws,
ordinances, criteria, rules, and regulations. Submit matters of
interpretation of standards to the appropriate administrative agency for
resolution before starting work. Where the requirements of this
specification, applicable laws, criteria, ordinances, regulations, and
referenced documents vary, the most stringent requirements govern.
1.5
SITE QUALIFICATIONS, DUTIES, AND MEETINGS
1.5.1
Personnel Qualifications
1.5.1.1
Site Safety and Health Officer (SSHO)
a.
The Contractor shall provide a Safety oversight team that includes a
minimum of one Competent Person at each project site to function as the
Safety and Health Officer (SSHO). The SSHO shall be at the work site
at all times to perform safety and occupational health management,
surveillance, inspections, safety enforcement for the Contractor and
their training. Experience and qualifications of the SSHO shall be as
required by EM 385-1-1, paragraph 01.A.17 and all associated
sub-paragraphs. A Competent Person shall be provided for all of the
hazards identified in the Contractor's Safety and Health Program in
accordance with the accepted Accident Prevention Plan, and shall be
on-site at all times when work is being performed.
b.
The Contractor Quality Control (CQC) system manager can be the SSHO on
this project (the superintendent or alternate superintendent(s) may not
be the SSHO). If the Contractor Quality Control (QC) person will also
be the SSHO on this project then the Contractor shall also provide an
Associate Safety professional (ASP), Certified Safety Trained
Supervisor (STS) and/or Construction Health and Safety Technician
(CHST). The ASP, STS and/or CHST need not be on site, however the ASP,
STS and/or CHST must be available for contact 24 hours a day, 7 days a
week with priority reach back.
1.5.1.2
Construction Safety Hazard Awareness Training
The training requirements for the SSHO must include the successful
completion of the course CONSTRUCTION SAFETY HAZARD AWARENESS TRAINING FOR
SECTION 01 35 26
Page 3
CONTRACTORS. If the SSHO does not have a current certification, they must
obtain the course certification within 30 calendar days from date of
Contract award.
1.5.1.3
Associate Safety professional (ASP), Certified Safety Trained
Supervisor (STS) and/or Construction Health and Safety Technician (CHST)
Provide a/an Associate Safety Professional (ASP)Certified Safety Trained
Supervisor (STS) and/or Construction Health & Safety Technician (CHST) at
the work site to perform safety management, surveillance, inspections, and
safety enforcement for the Contractor. The ASPSTS and/or CHST shall be the
safety and occupational health "competent person" as defined by USACE EM
385-1-1. The ASPSTS and/or CHST shall be at the work site at all times
whenever work or testing is being performed and shall conduct and document
daily safety inspections. The ASPSTS and/or CHST shall have no duties
other than safety and occupational health management, inspections, and
enforcement on this Contract.
1.5.1.4
Competent Person for Confined Space Entry
Provide a competent person for confined space meeting the definition and
requirements of EM 385-1-1.
1.5.1.5
Crane Operators
Meet the crane operator's requirements in USACE EM 385-1-1, Section 16 and
Appendix I. In addition, an operator is deemed qualified to operate a
particular piece of equipment for that specific class, type and capacity of
equipment (or for any capacity equipment of that type and class tested on).
The operator's qualification must state the type, class and capacity of
equipment on which the operator was qualified (i.e., Mobile Crane,
hydraulic boom, 30 T capacity). Provide proof of current qualification.
1.5.1.6
Competent Person for Fall Protection
The Contractor shall provide a person who is capable of identifying
hazardous or dangerous conditions in the personal fall arrest system or any
component thereof, as well as their application and use with related
equipment, and has the authority to take prompt corrective measures to
eliminate the hazards of falling.
1.5.1.7
Qualified Person for Fall Protection
The qualified person shall have a degree or professional certificate, and
with extensive knowledge, training and experience in the field of fall
protection. The qualified person shall be capable of performing design,
analysis, and evaluation of fall protection systems and equipment.
1.5.2
a.
Site Safety and Health Officer (SSHO) Personnel Duties
Conduct daily safety and health inspections and maintain a written log
which includes area/operation inspected, date of inspection, identified
hazards, recommended corrective actions, estimated and actual dates of
corrections. Attach safety inspection logs to the Contractors' daily
quality control report.
SECTION 01 35 26
Page 4
b.
Conduct mishap investigations and complete required reports.
the OSHA Form 300 and Daily Production reports for prime and
subcontractors.
Maintain
c.
Maintain applicable safety reference material on the job site.
d.
Attend the Preconstruction Conference, pre-work meetings including
preparatory inspection meeting, and periodic in-progress meetings.
e.
Implement and enforce accepted APPS and AHAs.
f.
Maintain a safety and health deficiency tracking system that monitors
outstanding deficiencies until resolution. Have the list of unresolved
safety and health deficiencies contained in the safety binder.
g.
Ensure subcontractor compliance with safety and health requirements.
Failure to perform the above duties will result in dismissal of the
superintendent, QC Manager, and/or SSHO, and a project work stoppage. The
project work stoppage will remain in effect pending approval of a suitable
replacement.
h.
Maintain a list of hazardous chemicals on site and their material
safety data sheets.
i.
Perform safety and occupational health management, surveillance,
inspections, and safety enforcement for the project.
j.
Perform as the safety and occupational health "competent person" as
defined by USACE EM 385-1-1.
k.
Be on-site at least weekly whenever work or testing is being performed.
l.
Conduct and document safety inspections.
m.
Shall have no other duties other than safety and occupational health
management, inspections, and enforcement on this Contract.
1.5.3
Meetings
1.5.3.1
Preconstruction Conference
a.
Contractor representatives who have a responsibility or significant
role in accident prevention on the project shall attend the
Preconstruction Conference. This includes the project superintendent,
site safety and health officer, quality control supervisor, or any
other assigned safety and health professionals who participated in the
development of the APP (including the Activity Hazard Analyses (AHAs)
and special plans, program and procedures associated with it).
b.
Discuss the details of the submitted APP to include incorporated plans,
programs, procedures and a listing of anticipated AHAs that will be
developed and implemented during the performance of the Contract. This
SECTION 01 35 26
Page 5
list of proposed AHAs will be reviewed at the conference and an
agreement will be reached between the Contractor and the Contracting
Officer as to which phases will require an analysis. In addition,
establish a schedule for the preparation, submittal, review, and
acceptance of AHAs to preclude project delays.
c.
Deficiencies in the submitted APP will be brought to the attention of
the Contractor at the Preconstruction Conference, and the Contractor
shall revise the plan to correct deficiencies and re-submit it for
acceptance. Do not begin work until there is an accepted APP.
d.
The functions of a Preconstruction Conference may take place at the
Post-Award Kickoff meeting.
1.5.3.2
Safety Meetings
Conduct and document meetings as required by EM 385-1-1. Attach minutes
showing Contract title, signatures of attendees and a list of topics
discussed to the Contractors' daily quality control report.
1.6
ACCIDENT PREVENTION PLAN (APP)
a.
Use a qualified person to prepare the written site-specific APP.
Prepare the APP in accordance with the format and requirements of USACE
EM 385-1-1 and as supplemented herein. Cover all applicable paragraph
and subparagraph elements in USACE EM 385-1-1, Appendix A, "Minimum
Basic Outline for Accident Prevention Plan." Specific requirements for
some of the APP elements are described below. The APP shall be
job-specific and address any unusual or unique aspects of the project
or activity for which it is written. The APP shall interface with the
Contractor's overall safety and health program. Include any portions
of the Contractor's overall safety and health program referenced in the
APP in the applicable APP element and made site-specific. The
Government considers the Prime Contractor to be the "controlling
authority" for all work site safety and health of the subcontractors.
Contractors are responsible for informing their subcontractors of the
safety provisions under the terms of the Contract and the penalties for
noncompliance, coordinating the work to prevent one craft from
interfering with or creating hazardous working conditions for other
crafts, and inspecting subcontractor operations to ensure that accident
prevention responsibilities are being carried out. The APP shall be
signed by the person and firm (senior person) preparing the APP, the
Contractor, the on-site superintendent, the designated site safety and
health officer.
b.
Submit the APP to the Contracting Officer 15 calendar days prior to the
date of the preconstruction meeting for acceptance. Work cannot
proceed without an accepted APP.
c.
Once accepted by the Contracting Officer, the APP and attachments will
be enforced as part of the Contract. Disregarding the provisions of
this Contract or the accepted APP will be cause for stopping of work,
at the discretion of the Contracting Officer, until the matter has been
rectified.
SECTION 01 35 26
Page 6
d.
Once work begins, changes to the accepted APP shall be made with the
knowledge and concurrence of the Contracting Officer, project
superintendent, SSHO and quality control manager. Should any hazard
become evident, stop work in the area, secure the area, and develop a
plan to remove the hazard. Notify the Contracting Officer within 24
hours of discovery. Eliminate/remove the hazard. In the interim, take
all necessary action to restore and maintain safe working conditions in
order to safeguard onsite personnel, visitors, the public (as defined
by ASSE/SAFE A10.34), and the environment.
e.
Copies of the accepted plan will be maintained at the Contracting
Officer's office and at the job site. Continuously review and amend
the APP, as necessary, throughout the life of the Contract.
Incorporate unusual or high-hazard activities not identified in the
original APP as they are discovered.
1.6.1
EM 385-1-1 Requirements
In addition to the requirements outlined in Appendix A of USACE EM 385-1-1,
the following is required:
a.
Names and qualifications (resumes including education, training,
experience and certifications) of all site safety and health personnel
designated to perform work on this project to include the designated
site safety and health officer and other competent and qualified
personnel to be used such as CSPs, CIHs, STSs, CHSTs. Specify the
duties of each position.
b.
Qualifications of competent and of qualified persons. As a minimum,
designate and submit qualifications of competent persons for each of
the following major areas: excavation; scaffolding; fall protection;
hazardous energy; confined space; health hazard recognition, evaluation
and control of chemical, physical and biological agents; personal
protective equipment and clothing to include selection, use and
maintenance.
c.
Confined Space Entry Plan. Develop a confined space entry plan in
accordance with USACE EM 385-1-1, applicable OSHA standards 29 CFR 1910,
29 CFR 1915, and 29 CFR 1926, and any other federal, state and local
regulatory requirements identified in this Contract. Identify the
qualified person's name and qualifications, training, and experience.
Describe the qualified person's authority to direct work stoppage in
the event of hazardous conditions. Include procedure for rescue by
Contractor personnel and the coordination with emergency responders.
(If there is no confined space work, include a statement that no
confined space work exists and none will be created.)
d.
Crane Critical Lift Plan. Prepare and sign weight handling critical
lift plans for lifts over 75 percent of the capacity of the crane or
hoist (or lifts over 50 percent of the capacity of a barge mounted
mobile crane's hoists) at any radius of lift; lifts involving more than
one crane or hoist; lifts of personnel; and lifts involving non-routine
rigging or operation, sensitive equipment, or unusual safety risks.
Submit 15 calendar days prior to on-site work and include the
requirements of USACE EM 385-1-1, paragraph 16.H and the following:
SECTION 01 35 26
Page 7
(1) For lifts of personnel, demonstrate compliance with the
requirements of 29 CFR 1926.550(g) and EM 385-1-1.
e.
Fall Protection and Prevention (FP&P) Plan. The plan shall be site
specific and address all fall hazards in the work place and during
different phases of construction. Address how to protect and prevent
workers from falling to lower levels when they are exposed to fall
hazards above 6 feet. A qualified person for fall protection shall
prepare and sign the plan. Include fall protection and prevention
systems, equipment and methods employed for every phase of work,
responsibilities, assisted rescue, self-rescue and evacuation
procedures, training requirements, and monitoring methods. Revise the
fall Protection and Prevention Plan every six months for lengthy
projects, reflecting any changes during the course of construction due
to changes in personnel, equipment, systems or work habits. Keep and
maintain the accepted Fall Protection and Prevention Plan at the job
site for the duration of the project. Include the Fall Protection and
Prevention Plan in the Accident Prevention Plan (APP).
f.
Site Demolition Plan. The safety and health aspects prepared in
accordance with Task Order Section - DEMOLITION and referenced sources.
g.
Site Safety and Health Plan. The safety and health aspects prepared in
accordance with Task Order Section - HEALTH, SAFETY, AND EMERGENCY
RESPONSE PROCEDURES FOR CONTAMINATED SITES.
1.7
ACTIVITY HAZARD ANALYSIS (AHA)
a.
The Activity Hazard Analysis (AHA) format shall be in accordance with
USACE EM 385-1-1, as modified by the Rock Island District, using CEMVR
Form 1259, and is attached at the end of this section as Attachment A.
Submit the AHA for review at least 15 calendar days prior to the start
of each phase. Format subsequent AHAs as amendments to the APP. The
analysis should be used during daily inspections to ensure the
implementation and effectiveness of the activity's safety and health
controls.
b.
The AHA list will be reviewed periodically (at least monthly) at the
Contractor supervisory safety meeting and updated as necessary when
procedures, scheduling, or hazards change.
c.
Develop the activity hazard analyses using the project schedule as the
basis for the activities performed. Any activities listed on the
project schedule will require an AHA. The AHAs will be developed by
the Contractor, supplier or subcontractor and provided to the prime
Contractor for submittal to the Contracting Officer.
d.
Activity Hazard Analyses Appendix. For each major phase of work, shall
be submitted and updated during the project. The Activity Hazard
Analyses format shall be in accordance with EM 385-1-1 (Figure 1-2).
The analysis shall define the activities to be performed for a major
phase of work, identify the sequence of work, the specific hazards
anticipated, and the control measures to be implemented to eliminate or
SECTION 01 35 26
Page 8
reduce each hazard to an acceptable level. Work shall not proceed on
that phase until the Activity Hazard Analyses has been accepted and a
preparatory meeting has been conducted by the Contractor to discuss its
contents with everyone engaged in the activities, including the onsite
Government representatives. The Activity Hazard Analyses shall be
continuously reviewed and, when appropriate, modified to address
changing site conditions or operations.
1.8
PEDESTRIAN PROTECTION PLAN
Provide a plan to address the protection of pedestrians around the work
site. The plan shall include the locations and types of barriers, warning
signs, and overhead protection structures the Contractor shall install to
protect persons on the ground from construction operations and the
possibility of falling objects. The plan shall also include a list of
objects and their weights which could fall and the design analysis of the
overhead protection system to be implemented.
1.9
DISPLAY OF SAFETY INFORMATION
Within one calendar day after commencement of work, erect a safety bulletin
board at the job site. Include and maintain information on safety bulletin
board as required by EM 385-1-1, section 01.A.06. Additional items
required to be posted include:
a.
Confined space entry permit.
b.
Hot work permit.
OR FOR SHORT CONTRACT DURATION DAYS/EQUIPMENT RENTALS
Within one calendar day after commencement of work, the Contractor shall
coordinate with the Contracting Officer to provide access to Contractors
safety information. Contractor can keep this information in a binder and
shall be available to provide by the superintendent at any time.
1.10
EMERGENCY MEDICAL TREATMENT
a.
Contractor shall arrange for their own emergency medical treatment.
Government has no responsibility to provide emergency medical treatment.
b.
When a medical facility or physician is not accessible within five
minutes of an injury to a group of two or more employees for the
treatment of injuries, at least two employees on each shift shall be
qualified to administer first aid and CPR.
--OR-Use when facilities are within minutes but getting to injured is not
within 5 minutes depending on where they are working so first aid and
CRP would have to be administered immediately.
b.
An injury to a group of two or more employees for the treatment of
injuries, at least two (2) employees on each shift shall be qualified
to administer first aid and CPR.
SECTION 01 35 26
Page 9
1.11
1.11.1
REPORTS
Accident Reports
a.
Conduct an accident investigation for recordable injuries and
illnesses, and property damage accidents resulting in at least $2,000
in damages, to establish the root cause(s) of the accident, complete
the USACE Accident Report Form 3394 and provide the report to the
Contracting Officer within 3 calendar days of the accident. The
Contracting Officer will provide copies of any required or special
forms.
b.
Conduct an accident investigation for any weight handling equipment
accident (including rigging gear accidents) to establish the root
cause(s) of the accident, complete the WHE Accident Report (Crane and
Rigging Gear) form and provide the report to the Contracting Officer
within 30 calendar days of the accident. Do not proceed with crane
operations until cause is determined and corrective actions have been
implemented to the satisfaction of the Contracting Officer. The
Contracting Officer will provide a blank copy of the accident report
form.
1.11.2
Accident Notification
Notify the Contracting Officer as soon as practical, but not later than
four hours, after any accident meeting the definition of Recordable
Injuries or Illnesses or High Visibility Accidents, property damage equal
to or greater than $2,000, or any weight handling equipment accident.
Within notification include Contractor name; Contract title; type of
Contract; name of activity, installation or location where accident
occurred; date and time of accident; names of personnel injured; extent of
property damage, if any; extent of injury, if known, and brief description
of accident (to include type of construction equipment used, PPE used,
etc.). Preserve the conditions and evidence on the accident site until the
Government investigation team arrives on-site and Government investigation
is conducted.
1.11.3
Exposure Reports
Exposure reporting to the Contracting Officer shall be attached to the
monthly billing request. This report is a compilation of employee-hours
worked each for all site workers, both prime and subcontractor. The
Contracting Officer will provide copies of any special forms.
1.11.4
Crane Reports
Submit crane inspection reports required in accordance with USACE
EM 385-1-1, Appendix I, Section 16.D, and Table 16-1, and as specified
herein with Daily Reports of Inspections.
1.11.5
Certificate of Compliance
Provide a Certificate of Compliance for each crane entering an activity
under this Contract (see Contracting Officer for a blank certificate).
State within the certificate that the crane and rigging gear meet
SECTION 01 35 26
Page 10
applicable OSHA regulations (with the Contractor citing which OSHA
regulations are applicable, e.g., cranes used in construction, demolition,
or maintenance comply with 29 CFR 1926 and USACE EM 385-1-1 Section 16 and
Appendix I, Section 16.D, and Table 16-1. Certify on the Certificate of
Compliance that the crane operator(s) is qualified and trained in the
operation of the crane to be used. Also, certify that all of its crane
operators working on the DOD activity have been trained in the proper use
of all safety devices (e.g., anti-two block devices). Post certifications
on the crane.
1.12
HOT WORK
a.
Submit and obtain a written permit prior to performing "Hot Work"
(welding, cutting, etc.) or operating other flame-producing/spark
producing devices, from the Fire Division. CONTRACTORS ARE REQUIRED TO
MEET ALL CRITERIA BEFORE A PERMIT IS ISSUED. The Contractor will
provide at least two 20 pound 4A:20 BC rated extinguishers for normal
"Hot Work". All extinguishers shall be current inspection tagged,
approved safety pin and tamper resistant seal. It is also mandatory to
have a designated FIRE WATCH for any "Hot Work" done at this activity.
The Fire Watch shall be trained in accordance with NFPA 51B and remain
on-site for a minimum of 30 minutes after completion of the task or as
specified on the hot work permit.
b.
When starting work in the facility, require personnel to familiarize
themselves with the location of the nearest fire alarm boxes and place
in memory the emergency Fire Division phone number. ANY FIRE, NO
MATTER HOW SMALL, SHALL BE REPORTED TO THE RESPONSIBLE FIRE DEPARTMENT
OR DIVISION IMMEDIATELY.
1.13
HIGH NOISE LEVEL PROTECTION
Operations performed by the Contractor that involve the use of equipment
with output of high noise levels (jackhammers, air compressors, and/or
explosive device activated tools) shall be considered high noise areas and
shall be marked with caution signs indicating the presence of hazardous
noise levels and requirement for hearing protection in accordance with EM
385-1-1, paragraph 05.C.08.
1.14
SEVERE STORM PLAN
In the event of a severe storm warning, the Contractor must:
a.
Secure outside equipment and materials and place materials that could
be damaged in protected areas.
b.
Check surrounding area, including roof, for loose material, equipment,
debris, and other objects that could be blown away or against existing
facilities.
c.
Ensure that temporary erosion controls are adequate.
SECTION 01 35 26
Page 11
PART 2
PRODUCTS
Not Used
PART 3
3.1
3.1.1
EXECUTION
CONSTRUCTION AND/OR OTHER WORK
Hazardous Material Exclusions
Notwithstanding any other hazardous material used in this Contract,
radioactive materials or instruments capable of producing
ionizing/non-ionizing radiation (with the exception of radioactive material
and devices used in accordance with USACE EM 385-1-1 such as nuclear
density meters for compaction testing and laboratory equipment with
radioactive sources) as well as materials which contain asbestos, mercury
or polychlorinated biphenyls, di-isocyanate, lead-based paint are
prohibited. The Contracting Officer, upon written request by the
Contractor, may consider exceptions to the use of any of the above excluded
materials.
3.1.2
Unforeseen Hazardous Material
The design should have identified materials such as PCB, lead paint, and
friable and non-friable asbestos. If additional material, not indicated,
that may be hazardous to human health upon disturbance during construction
operations is encountered, stop that portion of work and notify the
Contracting Officer immediately. Within 14 calendar days the Government
will determine if the material is hazardous. If material is not hazardous
or poses no danger, the Government will direct the Contractor to proceed
without change. If material is hazardous and handling of the material is
necessary to accomplish the work, the Government will issue a modification
pursuant to "FAR 52.243-4, Changes" and "FAR 52.236-2, Differing Site
Conditions."
3.2
PRE-OUTAGE COORDINATION MEETING
Contractors are required to apply for utility outages at least 15 days in
advance. As a minimum, the request should include the location of the
outage, utilities being affected, duration of outage and any necessary
sketches. Special requirements for electrical outage requests are
contained elsewhere in this specification section. Once approved, and
prior to beginning work on the utility system requiring shut down, attend a
pre-outage coordination meeting with the Contracting Officer and the
Installation or Public Utilities representative to review the scope of work
and the lock-out/tag-out procedures for worker protection. No work will be
performed on energized electrical circuits unless proof is provided that no
other means exist.
3.3
a.
SAFETY LOCKOUT/TAGOUT PROCEDURES - CONTROL OF HAZARDOUS ENERGY
Contractor shall ensure that each employee is familiar with and
complies with these procedures and USACE EM 385-1-1, Section 12,
"Control of Hazardous Energy", and 29 CFR 1910.147.
SECTION 01 35 26
Page 12
b.
No person, regardless of position or authority, shall operate any
switch, valve, or equipment that has an official lockout/tagout tag
attached to it, nor shall such tag be removed except as provided in
this section. No person shall work on any energized equipment
including, but not limited to activities such as erecting, installing,
constructing, repairing, adjusting, inspecting, un-jamming, setting up,
trouble shooting, testing, cleaning, dismantling, servicing and
maintaining machines equipment of processes until an evaluation has
been conducted identifying the energy source and the procedures which
will be taken to ensure the safety of personnel.
c.
No person, regardless of position or authority, shall operate any
switch, valve, or equipment that has an official lockout/tagout tag
attached to it, nor shall such tag be removed except as provided in
this section.
d.
No person shall work on any equipment that requires a lockout/tagout
tag unless he, his immediate supervisor, project leader, or a
subordinate has in his possession the stubs of the required
lockout/tagout tags.
e.
When work is to be performed on electrical circuits, only qualified
personnel shall perform work on electrical circuits.
f.
A supervisor who is required to enter an area protected by a
lockout/tagout tag will be considered a member of the protected group
provided he notifies the holder of the tag stub each time he enters and
departs from the protected area.
g.
Identification markings on building light and power distribution
circuits shall not be relied on for established safe work conditions.
h.
Before clearance will be given on any equipment other than electrical
(generally referred to as mechanical apparatus), the apparatus, valves,
or systems shall be secured in a passive condition with the appropriate
vents, pins, and locks.
i.
Pressurized or vacuum systems shall be vented to relieve differential
pressure completely.
j.
Vent valves shall be tagged open during the course of the work.
k.
Where dangerous gas or fluid systems are involved, or in areas where
the environment may be oxygen deficient, system or areas shall be
purged, ventilated, or otherwise made safe prior to entry.
3.3.1
Lock and Tag Placement
a.
Lockout/tagout tags shall be completed in accordance with the
regulations printed on the back thereof and attached to any device
which, if operated, could cause an unsafe condition to exist.
b.
If more than one group is to work on any circuit or equipment, the
employee in charge of each group shall have a separate set of
lockout/tagout tags completed and properly attached.
SECTION 01 35 26
Page 13
c.
3.3.2
When it is required that certain equipment be tagged, the Government
will review the characteristics of the various systems involved that
affect the safety of the operations and the work to be done; take the
necessary actions, including voltage and pressure checks, grounding,
and venting, to make the system and equipment safe to work on; and
apply such lockout/tagout tags to those switches, valves, vents, or
other mechanical devices needed to preserve the safety provided. This
operation is referred to as "Providing Safety Clearance."
Lock and Tag Removal
When any individual or group has completed its part of the work and is
clear of the circuits or equipment, the supervisor, project leader, or
individual for whom the equipment was tagged shall turn in his signed
lockout/tagout tag stub to the Contracting Officer. That group's or
individual's lockout/tagout tags on equipment may then be removed on
authorization by the Contracting Officer.
3.4
FALL HAZARD PROTECTION AND PREVENTION PROGRAM
Establish a fall protection and prevention program, for the protection of
all employees exposed to fall hazards. Within the program include company
policy, identify responsibilities, education and training requirements,
fall hazard identification, prevention and control measures, inspection,
storage, care and maintenance of fall protection equipment and rescue and
evacuation procedures.
3.4.1
Training
Institute a fall protection training program specific for potential hazards
on the job site for the type of work specified. As part of the Fall Hazard
Protection and Prevention Program, provide training for each employee who
might be exposed to fall hazards. Provide training by a competent person
for fall protection in accordance with USACE EM 385-1-1, Section 21.B.
3.4.2
Fall Protection Equipment and Systems
Enforce use of the fall protection equipment and systems designated for
each specific work activity in the Fall Protection and Prevention Plan
and/or AHA at all times when an employee is exposed to a fall hazard.
Protect employees from fall hazards as specified in EM 385-1-1,
Section 21. In addition to the required fall protection systems, safety
skiff, personal floatation devices, life rings etc., are required when
working above or next to water in accordance with USACE EM 385-1-1,
paragraphs 05.J. and 05.K. Personal fall arrest systems are required when
working from an articulating or extendible boom, swing stages, or suspended
platform. In addition, personal fall arrest systems are required when
operating other equipment such as scissor lifts if the work platform is
capable of being positioned outside the wheelbase. The need for tying-off
in such equipment is to prevent ejection of the employee from the equipment
during raising, lowering, or travel. Fall protection must comply with
29 CFR 1926.500, Subpart M, USACE EM 385-1-1 and ASSE/SAFE A10.32.
SECTION 01 35 26
Page 14
3.4.2.1
Personal Fall Arrest Equipment
Personal fall arrest equipment, systems, subsystems, and components shall
meet ASSE/SAFE Z359.1. Only a full-body harness with a shock-absorbing
lanyard or self-retracting lanyard is an acceptable personal fall arrest
body support device. Harnesses shall have a fall arrest attachment affixed
to the body support (usually a Dorsal D-ring) and specifically designated
for attachment to the rest of the system. Only locking snap hooks and
carabiners shall be used. Webbing, straps, and ropes shall be made of
synthetic fiber. The maximum free fall distance when using fall arrest
equipment shall not exceed 6 feet. The total fall distance and any
swinging of the worker (pendulum-like motion) that can occur during a fall
shall always be taken into consideration when attaching a person to a fall
arrest system.
3.4.3
Fall Protection for Roofing Work
The Qualified Person shall implement fall protection controls based on the
type of roof being constructed and work being performed. Evaluate the roof
area to be accessed for its structural integrity including weight-bearing
capabilities for the projected loading.
3.4.4
Existing Anchorage
Certified (or re-certified) by a Qualified Person for fall protection.
Existing anchorages, to be used for attachment of personal fall arrest
equipment shall be in accordance with ASSE/SAFE Z359.1 and EM 385-1-1.
Existing horizontal lifeline anchorages must be certified (or re-certified)
by a registered professional engineer with experience in designing
horizontal lifeline systems.
3.4.5
Horizontal Lifelines
Design, install, certify and use under the supervision of a qualified
person horizontal lifelines for fall protection as part of a complete fall
arrest system which maintains a safety factor of 2 (29 CFR 1926.500).
3.4.6
Guardrails and Safety Nets
Design, install and use guardrails and safety nets in accordance with
EM 385-1-1 and 29 CFR 1926 Subpart M.
3.4.7
Rescue and Evacuation Procedures
When personal fall arrest systems are used, the Contractor must ensure that
the mishap victim can self-rescue or can be rescued promptly should a fall
occur. Prepare a Rescue and Evacuation Plan and include a detailed
discussion of the following: methods of rescue; methods of self-rescue;
equipment used; training requirement; specialized training for the
rescuers; procedures for requesting rescue and medical assistance; and
transportation routes to a medical facility. Include the Rescue and
Evacuation Plan within the Activity Hazard Analysis (AHA) for the phase of
work, in the Fall Protection and Prevention (FP&P) Plan, and the Accident
Prevention Plan (APP).
SECTION 01 35 26
Page 15
3.5
3.5.1
EQUIPMENT
Material Handling Equipment
a.
Material handling equipment such as forklifts shall not be modified
with work platform attachments for supporting employees unless
specifically described in the manufacturer's printed operating
instructions.
b.
The use of hooks on equipment for lifting of material must be in
accordance with manufacturer's printed instructions.
c.
Operators of forklifts or power industrial trucks shall be licensed in
accordance with OSHA.
3.5.2
Weight Handling Equipment
a.
Equip cranes and derricks as specified in EM 385-1-1, section 16.
b.
Comply with the crane manufacturer's specifications and limitations for
erection and operation of cranes and hoists used in support of the
work. Perform erection under the supervision of a designated person
(as defined in ASME B30.5). Perform all testing in accordance with the
manufacturer's recommended procedures.
c.
Comply with ASME B30.5 for mobile and locomotive cranes, ASME B30.22
for articulating boom cranes.
d.
Under no circumstance shall a Contractor make a lift at or above 90
percent of the cranes rated capacity in any configuration. Contractors
shall refer to EM 385-1-1 Section 16.H CRITICAL LIFTS for additional
requirements.
e.
When operating in the vicinity of overhead transmission lines,
operators and riggers shall be alert to this special hazard and follow
the requirements of USACE EM 385-1-1 section 11 and ASME B30.5 or
ASME B30.22 as applicable.
f.
Do not crane suspended personnel work platforms (baskets) unless the
Contractor proves that using any other access to the work location
would provide a greater hazard to the workers or is impossible. Do not
lift personnel with a line hoist or friction crane.
g.
Inspect, maintain, and recharge portable fire extinguishers as
specified in NFPA 10, Standard for Portable Fire Extinguishers.
h.
All employees must keep clear of loads about to be lifted and of
suspended loads.
i.
Use cribbing when performing lifts on outriggers.
j.
The crane hook/block must be positioned directly over the load.
loading of the crane is prohibited.
SECTION 01 35 26
Page 16
Side
k.
A physical barricade must be positioned to prevent personnel from
entering the counterweight swing (tail swing) area of the crane.
l.
Certification
of the person
identifier of
for review by
m.
Written reports listing the load test procedures used along with any
repairs or alterations performed on the crane shall be available for
review by Contracting Officer personnel.
n.
Certify that all crane operators have been trained in proper use of all
safety devices (e.g. anti-two block devices).
3.6
records which include the date of inspection, signature
performing the inspection, and the serial number or other
the crane that was inspected shall always be available
Contracting Officer personnel.
EXCAVATIONS
Perform soil classification by a competent person in accordance with
29 CFR 1926.
3.6.1
Utility Locations
Prior to digging, the appropriate digging permit must be obtained. All
underground utilities in the work area must be positively identified by a
private utility locating service in addition to any station locating
service and coordinated with the station utility department. Any markings
made during the utility investigation must be maintained throughout the
Contract.
3.6.2
Utility Location Verification
The Contractor must physically verify underground utility locations by hand
digging using wood or fiberglass handled tools when any adjacent
construction work is expected to come within three feet of the underground
system. Digging within 2 feet of a known utility must not be performed by
means of mechanical equipment; hand digging shall be used. If construction
is parallel to an existing utility expose the utility by hand digging every
100 feet if parallel within 5 feet of the excavation.
3.6.3
Shoring Systems
Trench and shoring systems must be identified in the accepted safety plan
and AHA. Manufacture tabulated data and specifications or registered
engineer tabulated data for shoring or benching systems shall be readily
available on-site for review. Job-made shoring or shielding must have the
registered professional engineer stamp, specifications, and tabulated
data. Extreme care must be used when excavating near direct burial
electric underground cables.
3.6.4
Trenching Machinery
Operate trenching machines with digging chain drives only when the
spotters/laborers are in plain view of the operator. Provide operator and
SECTION 01 35 26
Page 17
spotters/laborers training on the hazards of the digging chain drives with
emphasis on the distance that needs to be maintained when the digging chain
is operating. Keep documentation of the training on file at the project
site.
3.7
UTILITIES WITHIN CONCRETE SLABS
Utilities located within concrete slabs or pier structures, bridges, and
the like, are extremely difficult to identify due to the reinforcing steel
used in the construction of these structures. Whenever Contract work
involves concrete chipping, saw cutting, or core drilling, the existing
utility location must be coordinated with station utility departments in
addition to a private locating service. Outages to isolate utility systems
must be used in circumstances where utilities are unable to be positively
identified. The use of historical drawings does not alleviate the
Contractor from meeting this requirement.
3.8
3.8.1
ELECTRICAL
Conduct of Electrical Work
Underground electrical spaces must be certified safe for entry before
entering to conduct work. Cables that will be cut must be positively
identified and de-energized prior to performing each cut. Positive cable
identification must be made prior to submitting any outage request for
electrical systems. Arrangements are to be coordinated with the
Contracting Officer and Station Utilities for identification. The
Contracting Officer will not accept an outage request until the Contractor
satisfactorily documents that the circuits have been clearly identified.
Perform all high voltage cable cutting remotely using hydraulic cutting
tool. When racking in or live switching of circuit breakers, no additional
person other than the switch operator will be allowed in the space during
the actual operation. Plan so that work near energized parts is minimized
to the fullest extent possible following NFPA 70E requirements. Use of
electrical outages clear of any energized electrical sources is the
preferred method. When working in energized substations, only qualified
electrical workers will be permitted to enter. When work requires
Contractor to work near energized circuits, shall follow requirements as
defined by NFPA 70. In addition, provide electrical arc flash protection
for personnel as required by NFPA 70E. Insulating blankets, hearing
protection, and switching suits may also be required, depending on the
specific job and as described in the Contractor's AHA.
3.8.2
Portable Extension Cords
Size portable extension cords in accordance with manufacturer ratings for
the tool to be powered and protected from damage. Immediately remove from
service all damaged extension cords. Portable extension cords shall meet
the requirements of NFPA 70.
3.9
WORK IN CONFINED SPACES
Comply with the requirements in Section 34 of USACE EM 385-1-1, OSHA
29 CFR 1910.146 and OSHA 29 CFR 1926.21(b)(6). Any potential for a hazard
in the confined space requires a permit system to be used.
SECTION 01 35 26
Page 18
3.10
STILTS
The use of stilts for gaining additional height in construction,
renovation, repair or maintenance work is prohibited.
SECTION 01 35 26
Page 19
SECTION 01 42 00
PART 1
1.1
1.2
GENERAL
REFERENCES
ORDERING INFORMATION
PART 2
PRODUCTS
PART 3
EXECUTION
SECTION 01 42 00
PART 1
1.1
GENERAL
REFERENCES
Various publications are referenced in other sections of the specifications
to establish requirements for the work. These references are identified in
each section by document number, date and title. The document number used
in the citation is the number assigned by the standards producing
organization (e.g.
ASTM B564 Standard Specification for Nickel Alloy
Forgings). However, when the standards producing organization has not
assigned a number to a document, an identifying number has been assigned
for reference purposes.
1.2
ORDERING INFORMATION
The addresses of the standards publishing organizations whose documents are
referenced in other sections of these specifications are listed below, and
if the source of the publications is different from the address of the
sponsoring organization, that information is also provided. Documents
listed in the specifications with numbers which were not assigned by the
standards producing organization should be ordered from the source by title
rather than by number.
AMERICAN SOCIETY OF SAFETY ENGINEERS (ASSE/SAFE)
1800 East Oakton Street
Des Plaines, IL 60018-2187
Ph: 847-699-2929
Fax: 847-768-3434
E-mail: [email protected]
Internet: http://www.asse.org
ASME INTERNATIONAL (ASME)
Three Park Avenue, M/S 10E
New York, NY 10016-5990
Ph:
800-854-7179 or 800-843-2763
Fax: 212-591-7674
Internet: http://www.asme.org
ASTM INTERNATIONAL (ASTM)
100 Barr Harbor Drive, P.O. Box C700
West Conshohocken, PA 19428-2959
Ph:
610-832-9585
Fax: 610-832-9555
Internet: http://www.astm.org
SECTION 01 42 00
Page 1
NATIONAL FIRE PROTECTION ASSOCIATION (NFPA)
1 Batterymarch Park
Quincy, MA 02169-7471
Ph:
617-770-3000 or 800-344-3555
Fax: 617-770-0700
Internet: http://www.nfpa.org
Order CRD-C DOCUMENTS from:
U.S. Army Engineer Waterways Experiment Station
ATTN: Technical Report Distribution Section, Services
Branch, TIC
3909 Halls Ferry Road
Vicksburg, MS 39180-6199
Internet:
http://gsl.erdc.usace.army.mil/SL/MTC/handbook/handbook.htm
Order Other Documents from:
USACE Publications Depot
Attn: CEHEC-IM-PD
2803 52nd Avenue
Hyattsville, MD 20781-1102
Ph: 301-394-0081
Fax: 301-394-0084
Internet: http://www.usace.army.mil/publications
or
http://www.hnc.usace.army.mil/Missions/Engineering/TECHINFO.aspx
U.S. GENERAL SERVICES ADMINISTRATION (GSA)
General Services Administration
1800 F Street, NW
Ph: 202-501-0800
Internet: www.GSA.gov
Obtain documents from:
Acquisition Streamlining and Standardization Information System
(ASSIST)
Department of Defense Single Stock Point (DODSSP)
Document Automation and Production Service (DAPS)
Building 4/D
700 Robbins Avenue
Philadelphia, PA 19111-5094
Ph:
215-697-6396 - for account/password issues
Internet: http://assist.daps.dla.mil/online/start/; account
registration required
SECTION 01 42 00
Page 2
8601 Adelphi Road
College Park, MD 20740-6001
Ph: 866-272-6272
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PART 2
PRODUCTS
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PART 3
EXECUTION
Not used
SECTION 01 42 00
Page 3
SECTION 01 45 02
PART 1
GENERAL
1.1
GENERAL
1.1.1
Correspondence and Electronic Communications
1.1.2
Other Factors
1.2
QCS SOFTWARE
1.3
SYSTEM REQUIREMENTS
1.4
QCS USER GUIDE
1.5
CONTRACT DATABASE
1.6
DATABASE MAINTENANCE
1.6.1
Administration
1.6.1.1
Contractor Information
1.6.1.2
Subcontractor Information
1.6.1.3
Equipment
1.6.1.4
Management Reporting
1.6.2
Finances
1.6.2.1
Pay Activity Data
1.6.2.2
Payment Requests
1.6.3
Quality Control (QC)
1.6.3.1
Daily Contractor Quality Control (CQC) Reports
1.6.3.2
Deficiency Tracking
1.6.3.3
Three-Phase Control Meetings
1.6.3.4
Accident/Safety Tracking
1.6.3.5
Features of Work
1.6.3.6
QC Requirements
1.6.4
Submittal Management
1.6.5
Schedule
1.6.6
Import/Export of Data
1.7
IMPLEMENTATION
1.8
COORDINATION MEETING
1.9
NOTIFICATION OF NONCOMPLIANCE
PART 2
PRODUCTS
PART 3
EXECUTION
SECTION 01 45 02
PART 1
1.1
GENERAL
GENERAL
The Government will use the Resident Management System for Windows (RMS) to
assist in its monitoring and administration of this Contract. The
Contractor shall use the Government-furnished Construction Contractor
Module of RMS, referred to as QCS, to record, maintain, and submit various
information throughout the Contract period. The Contractor module, user
manuals, updates, and training information can be downloaded from the RMS
web site, http://rms.usace.army.mil/qcs/default.aspx. This joint
Government-Contractor use of RMS and QCS will facilitate electronic
exchange of information and overall management of the Contract. QCS
provides the means for the Contractor to input, track, and electronically
share information with the Government in the following areas:
a.
b.
c.
d.
e.
f.
1.1.1
Administration
Finances
Quality Control
Submittal Monitoring
Scheduling
Correspondence and Electronic Communications
For ease and speed of communications, both Government and Contractor shall,
to the maximum extent feasible, exchange correspondence and other documents
in electronic format. All correspondence shall be submitted in QCS and
exported to RMS. Correspondence, pay requests and other documents
comprising the official Contract record shall also be provided in paper
format, with signatures and dates (handwritten or electronic) where
necessary. Paper documents shall govern, in the event of discrepancy with
the electronic version. Electronic documents with electronic signatures
will also be accepted by the Government.
1.1.2
Other Factors
Particular attention is directed to Contract Clause SCHEDULES FOR
CONSTRUCTION CONTRACTS, Contract Clause PAYMENTS UNDER FIXED-PRICE
CONSTRUCTION CONTRACTS, Section 01 33 00, SUBMITTAL PROCEDURES, and
Section 01 45 04, CONTRACTOR QUALITY CONTROL, which have a direct
relationship to the reporting to be accomplished through QCS. Also, there
is no separate payment for establishing and maintaining the QCS database;
all costs associated therewith shall be included in the Contract pricing
for the work.
SECTION 01 45 02
Page 1
1.2
QCS SOFTWARE
QCS is a Windows-based program that can be run on a stand-alone personal
computer or on a network. The Government shall make available the QCS
software to the Contractor after award of the construction Contract. Prior
to the Pre-Construction Conference, the Contractor shall be responsible to
download, install and use the latest version of the QCS software from the
Government's RMS Internet Website. Program updates of the QCS program will
be provided by the RMS Support Center to the Contractor.
1.3
SYSTEM REQUIREMENTS
The following listed hardware and software is the minimum system
configuration that the Contractor shall have to run QCS:
Hardware
Windows-based PC with 1000 MHz Pentium or higher processor
256+ MB RAM for workstation / 512+ MB RAM for server
1 GB hard drive disk space for sole use by the QCS system
Optical Disk (CD or DVD) Reader 8x speed or higher
SVGA or higher resolution monitor (1024 x 768, 256 colors)
Mouse or other pointing device
Windows compatible printer (Laser printer must have 4+ MB of RAM)
Connection to the Internet, minimum 56k BPS
Software
MS Windows 2000 or newer
QAS-Word Processing software: MS Word 2000 or newer
Latest version of: Netscape Navigator, Microsoft Internet
Explorer, or other browser that supports HTML 4.0 or higher
Electronic mail (E-mail), MAPI compatible
Virus protection software that is regularly upgraded with all
issued manufacturer's updates
1.4
QCS USER GUIDE
After Contract award, the Contractor shall download instructions for the
installation and use of QCS from the Government's RMS Internet Website (as
listed in paragraph GENERAL).
SECTION 01 45 02
Page 2
1.5
CONTRACT DATABASE
Prior to the Preconstruction Conference, the Government will export
Contract data to RMS or to a Contractor-provided QCS site. The Government
will provide data updates to the Contractor as necessary. These updates
will generally consist of submittal reviews, correspondence status, QA
comments, and other administrative and QA data.
1.6
DATABASE MAINTENANCE
The Contractor shall establish, maintain, and update data for the Contract
in the QCS database throughout the duration of the Contract. The
Contractor shall establish and maintain the QCS database at the
Contractor's site office. The QCS database typically shall include current
data on the following items:
1.6.1
1.6.1.1
Administration
Contractor Information
The database shall contain the Contractor's name, address, telephone
numbers, management staff, and other required items.
1.6.1.2
Subcontractor Information
The database shall contain
other required information
listed separately for each
shall be assigned a unique
1.6.1.3
the name, trade, address, phone numbers, and
for all subcontractors. A subcontractor must be
trade to be performed. Each subcontractor/trade
Responsibility Code, provided in QCS.
Equipment
The Contractor's QCS database shall contain a current list of equipment
planned for use or being used on the jobsite, including the most recent and
planned equipment inspection dates.
1.6.1.4
Management Reporting
QCS includes a number of reports that Contractor management can use to
track the status of the project. The value of these reports is reflective
of the quality of the data input, and is maintained in the various sections
of QCS. Among these reports are: Progress Payment Request worksheet,
QA/QC comments, Submittal Register Status, Three-Phase Inspection
checklists.
1.6.2
1.6.2.1
Finances
Pay Activity Data
The QCS database shall include a list of pay activities that the Contractor
shall develop in conjunction with the construction schedule. The sum of
all pay activities shall be equal to the total Contract amount, including
modifications. Pay activities shall be grouped by Contract Line Item
Number (CLIN), and the sum of the activities shall equal the amount of each
CLIN. The total of all CLINs equals the Contract Amount.
SECTION 01 45 02
Page 3
1.6.2.2
Payment Requests
All progress payment requests shall be prepared using QCS. The Contractor
shall complete the payment request worksheet and include it with the
payment request. The work completed under the Contract, measured as
percent or as specific quantities, shall be updated at least monthly.
After the update, the Contractor shall generate a payment request report
using QCS. The Contractor shall submit the payment requests with
supporting data by E-mail with file attachment(s). A signed paper copy of
the approved payment request shall be required, which shall govern in the
event of discrepancy with the electronic version.
1.6.3
Quality Control (QC)
QCS provides a means to track implementation of the 3-phase QC Control
System, prepare daily reports, identify and track deficiencies, document
progress of work, and support other Contractor QC requirements. The
Contractor shall maintain this data on a daily basis. Entered data shall
automatically output to the QCS generated daily report. The Contractor
shall provide the Government a Contractor Quality Control (CQC) Plan within
the time required in Section 01 45 04, CONTRACTOR QUALITY CONTROL.
1.6.3.1
Daily Contractor Quality Control (CQC) Reports
Contractor shall input daily report into QCS daily. The Contractor may use
other formats to record basic QC data. However, the Daily CQC Report
generated by QCS shall be the Contractor's official report. Data from any
supplemental reports by the Contractor shall be summarized and consolidated
onto the QCS-generated Daily CQC Report. The Contractor shall also provide
the Government a signed, printed copy of the daily CQC report and all
related attachments. Signed reports provided in paper format, with
signatures and dates where necessary, shall be mailed to the project office
once per week for the entire duration of this contract or as otherwise
designated by the Contracting Officer.
1.6.3.2
Deficiency Tracking
The Contractor shall use QCS to track deficiencies. Deficiencies
identified by the Contractor shall be numerically tracked using QC punch
list items. The Contractor shall maintain a current log of its QC punch
list items in the QCS database. The Government shall log the deficiencies
it has identified using its QA punch list items. The Government's QA punch
lists items shall be included in its export file to the Contractor. The
Contractor shall regularly update the correction status of both QC and QA
punch list items.
1.6.3.3
Three-Phase Control Meetings
The Contractor shall maintain scheduled and actual dates and times of
preparatory and initial control meetings in QCS.
1.6.3.4
Accident/Safety Tracking
The Government shall issue safety comments, directions, or guidance
whenever safety deficiencies are observed. The Government's safety
SECTION 01 45 02
Page 4
comments shall be included in its export file to the Contractor. The
Contractor shall regularly update the correction status of the safety
comments. In addition, the Contractor shall use QCS to advise the
Government of any accidents occurring on the jobsite. This brief
supplemental entry is not to be considered as a substitute for completion
of mandatory reports, e.g., ENG Form 3394 and OSHA Form 200.
1.6.3.5
Features of Work
The Contractor shall include a complete list of the features of work in the
QCS database. A feature of work shall be associated with multiple pay
activities. However, each pay activity (see subparagraph "Pay Activity
Data" of paragraph "Finances") shall only be linked to a single feature of
work.
1.6.3.6
QC Requirements
The Contractor shall develop and maintain a complete list of QC testing,
transferred and installed property, and user training requirements in QCS.
The Contractor shall update all data on these QC requirements as work
progresses, and shall promptly provide this information to the Government
via QCS.
1.6.4
Submittal Management
The Government shall provide the initial submittal register in electronic
format. Thereafter, the Contractor shall maintain a complete list of all
submittals, including completion of all data columns. Dates on which
submittals are received and returned by the Government shall be included in
its export file to the Contractor. The Contractor shall use QCS to track
and transmit all submittals. ENG Form 4025, submittal transmittal form,
and the submittal register update shall be produced using QCS. RMS shall
be used to update, store and exchange submittal registers and transmittals,
but shall not be used for storage of actual submittals.
1.6.5
Schedule
The Contractor shall develop a construction schedule consisting of pay
activities, in accordance with Contract Clause SCHEDULES FOR CONSTRUCTION
CONTRACTS and Task Order Section - PROJECT SCHEDULE. This schedule may be
input and maintained in the QCS database either manually or by using the
Standard Data Exchange Format (SDEF). The updated schedule data shall be
included with each pay request submitted by the Contractor. Further
scheduling requirements shall be in accordance with Section 01 33 00
SUBMITTAL PROCEDURES.
1.6.6
QCS includes the ability to export Contractor data to the Government and to
import submittal register and other Government-provided data, and schedule
data using SDEF.
SECTION 01 45 02
Page 5
1.7
IMPLEMENTATION
Contractor use of QCS as described in the preceding paragraphs shall be
mandatory. The Contractor shall ensure that sufficient resources are
available to maintain its QCS database, and to provide the Government with
regular database updates. QCS shall be an integral part of the
Contractor's management of quality control.
1.8
COORDINATION MEETING
The Contractor shall update the QCS database each workday. As required in
Contract Clause PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS, at least
one week prior to submittal, the Contractor shall meet with the Government
representative to review the planned progress payment data submission for
errors and omissions. The Contractor shall make all required corrections
prior to Government acceptance of the export file and progress payment
request. Payment requests accompanied by incomplete or incorrect data
submittals shall be returned. The Government shall not process progress
payments until an acceptable QCS export file is received.
1.9
The Contracting Officer will notify the Contractor of any detected
noncompliance with the requirements of this specification. The Contractor
shall take immediate corrective action after receipt of such notice. Such
notice, when delivered to the Contractor at the work site, shall be deemed
sufficient for the purpose of notification.
PART 2
PRODUCTS
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PART 3
EXECUTION
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SECTION 01 45 02
Page 6
SECTION 01 45 04
PART 1
1.1
1.2
1.3
GENERAL
REFERENCES
SUBMITTALS
CONTRACTOR PERFORMANCE EVALUATIONS
PART 2
PRODUCTS
PART 3
EXECUTION
3.1
3.2
QUALITY CONTROL PLAN
3.2.1
General
3.2.2
Content of the CQC Plan
3.2.2.1
Acceptance of Plan
3.2.2.2
Notification of Changes
3.3
MUTUAL UNDERSTANDING MEETING
3.4
QUALITY CONTROL ORGANIZATION
3.4.1
General
3.4.2
CQC System Manager
3.4.3
Organizational Changes
3.4.4
Additional Requirement
3.5
SUBMITTALS
3.6
CONTROL
3.6.1
Preparatory Phase
3.6.2
Initial Phase
3.6.3
Follow-up Phase
3.6.4
Additional Preparatory and Initial Phases
3.7
TESTS
3.7.1
Testing Procedure
3.7.2
Testing Laboratories
3.7.2.1
Capability Check
3.7.2.2
Capability Recheck
3.7.3
Onsite Laboratory
3.7.4
Furnishing or Transportation of Samples for Testing
3.8
COMPLETION INSPECTION
3.8.1
Punch-Out Inspection
3.8.2
Pre-Final Inspection
3.8.3
Final Acceptance Inspection
3.9
QC DAILY REPORTS
3.10
SECTION 01 45 04
PART 1
1.1
GENERAL
REFERENCES
designation only.
ASTM INTERNATIONAL (ASTM)
ASTM D3740
(2012) Minimum Requirements for Agencies
Engaged in the Testing and/or Inspection
of Soil and Rock as Used in Engineering
Design and Construction
ASTM E329
(2013a) Agencies Engaged in Construction
Inspection, Testing, or Special Inspection
1.2
SUBMITTALS
Contractor Quality Control (CQC) Plan; G
1.3
CONTRACTOR PERFORMANCE EVALUATIONS
The Contracting Officer will notify the Contractor at the pre-construction
conference of the elements that shall be used to evaluate performance.
This notification shall be documented in the Contract file. The U.S. Army
Corps of Engineers uses a web-based system to process Contractor
performance appraisals. The system is the CONTRACTOR PERFORMANCE APPRAISAL
REVIEW SYSTEM (CPARS). The Contractor shall provide a point-of-contact
name and e-mail address of the Representative in the Contractor's
organization that should be contacted to receive and review the Contractor
appraisal. CPARS notification shall be via e-mail and the Contractor
Representative shall have 30 days to review and comment on each evaluation
forwarded to the company.
SECTION 01 45 04
Page 1
PART 2
PRODUCTS
Not Used
PART 3
3.1
EXECUTION
The Contractor shall be responsible for quality control and shall establish
and maintain an effective quality control system in compliance with the
Contract Clause INSPECTION OF CONSTRUCTION. The quality control system
shall consist of plans, procedures, and organization necessary to produce
an end product which complies with the Contract requirements. The system
shall cover all construction operations, both onsite and offsite, and shall
be keyed to the proposed construction sequence. The project superintendent
and/or CQC manager shall be held responsible for the quality of work on the
job and is subject to removal by the Contracting Officer for non-compliance
with quality requirements specified in the Contract. The project
superintendent in this context shall mean the individual with the
responsibility for the overall management of the project including quality
and production.
3.2
3.2.1
QUALITY CONTROL PLAN
General
The Contractor shall furnish for review by the Government, not later than
7 calendar days after receipt of Notice to Proceed, the Contractor Quality
Control (CQC) Plan proposed to implement the requirements of the Contract
Clause INSPECTION OF CONSTRUCTION. The plan shall identify personnel,
procedures, control, instructions, test, records, and forms to be used.
The Government will consider an interim plan for the first 14 days of
operation. Construction shall be permitted to begin only after acceptance
of the CQC Plan or acceptance of an interim plan applicable to the
particular feature of work to be started. Work outside of the features of
work included in an accepted interim plan shall not be permitted to begin
until acceptance of a CQC Plan or another interim plan containing the
additional features of work to be started.
3.2.2
Content of the CQC Plan
The CQC Plan shall include, as a minimum, the following to cover all
construction operations, both onsite and offsite, including work by
subcontractors, fabricators, suppliers, and purchasing agents:
a.
A description of the quality control organization, including a chart
showing lines of authority and acknowledgment that the CQC staff shall
implement the three-phase control system for all aspects of the work
specified. The staff shall include a CQC System Manager who shall
report to the project superintendent.
SECTION 01 45 04
Page 2
b.
The name, qualifications (in resume format), duties, responsibilities,
and authorities of each person assigned a CQC function.
c.
A copy of the letter to the CQC System Manager signed by an authorized
official of the firm which describes the responsibilities and delegates
sufficient authorities to adequately perform the functions of the CQC
System Manager, including authority to stop work which is not in
compliance with the Contract. The CQC System Manager shall issue
letters of direction to all other various quality control
representatives outlining duties, authorities, and responsibilities.
Copies of these letters shall also be furnished to the Contracting
Officer.
d.
Procedures for scheduling, reviewing, certifying, and managing
submittals, including those of subcontractors, offsite fabricators,
suppliers, and purchasing agents. These procedures shall be in
accordance with Section 01 33 00 SUBMITTAL PROCEDURES.
e.
Control, verification, and acceptance testing procedures for each
specific test to include the test name, specification paragraph
requiring test, feature of work to be tested, test frequency, and
person responsible for each test. (Laboratory facilities will be
approved by the Contracting Officer.)
f.
Procedures for tracking preparatory, initial, and follow-up control
phases and control, verification, and acceptance tests including
documentation.
g.
Procedures for tracking construction deficiencies from identification
through acceptable corrective action. These procedures shall establish
verification that identified deficiencies have been corrected.
h.
Reporting procedures, including proposed reporting formats.
i.
A list of the definable features of work. A definable feature of work
is a task which is separate and distinct from other tasks, has separate
control requirements, and may be identified by different trades or
disciplines, or it may be work by the same trade in a different
environment. This list shall be agreed upon during the coordination
meeting.
3.2.2.1
Acceptance of Plan
Acceptance of the Contractor's plan is required prior to the start of
construction. Acceptance is conditional and shall be predicated on
satisfactory performance during the construction. The Government reserves
the right to require the Contractor to make changes in his CQC Plan and
operations including removal of personnel, as necessary, to obtain the
quality specified.
SECTION 01 45 04
Page 3
3.2.2.2
Notification of Changes
After acceptance of the CQC Plan, the Contractor shall notify the
Contracting Officer in writing a minimum of 7 days prior to any proposed
change. Proposed changes are subject to acceptance by the Contracting
Officer.
3.3
MUTUAL UNDERSTANDING MEETING
After the Preconstruction Conference, before start of construction, and
prior to acceptance by the Government of the CQC Plan, the Contractor shall
meet with the Contracting Officer and discuss the Contractor's quality
control system. The CQC Plan shall be submitted for review a minimum of
30 calendar days prior to the Mutual Understanding Meeting. During the
meeting, a mutual understanding of the system details shall be developed,
including the forms for recording the CQC operations, control activities,
testing, administration of the system for both onsite and offsite work, and
the interrelationship of Contractor's Management and control with the
Government's Quality Assurance and provide a List of the Contractor's
Contact Personnelto the Contracting Officer. Minutes of the meeting will
be prepared by the Government and signed by both the Contractor and the
Contracting Officer. The minutes shall become a part of the Contract
file. There may be occasions when subsequent conferences shall be called
by either party to reconfirm mutual understandings and/or address
deficiencies in the CQC system or procedures which may require corrective
action by the Contractor.
3.4
3.4.1
QUALITY CONTROL ORGANIZATION
General
The requirements for the CQC organization are a CQC System Manager and
sufficient number of additional qualified personnel to ensure Contract
compliance. The Contractor shall provide a CQC organization which shall be
at the site at all times during progress of the work and with complete
authority to take any action necessary to ensure compliance with the
Contract. All CQC staff members shall be subject to acceptance by the
3.4.2
CQC System Manager
The Contractor shall identify, as CQC System Manager, an individual within
the onsite work organization who shall be responsible for the overall
management of CQC and has the authority to act in all CQC matters for the
Contractor. The CQC System manager shall be a graduate engineer or a
graduate of construction management with a minimum of 3 years of experience
on construction similar to this Contract; or a construction person with a
minimum of 10 years experience in related work. This CQC System Manager
shall be on the site at all times during construction and shall be employed
by the prime Contractor. The CQC System Manager shall be assigned as
System Manager and may not have duties as project superintendent. An
alternate for the CQC System Manager shall be identified in the plan to
SECTION 01 45 04
Page 4
serve in the event of the System Manager's absence. The requirements for
the alternate shall be the same as for the designated CQC System Manager.
3.4.3
Organizational Changes
The Contractor shall maintain the CQC staff at full strength at all times.
When it is necessary to make changes to the CQC staff, the Contractor shall
revise the CQC Plan to reflect the changes and submit the changes to the
Contracting Officer for acceptance.
3.4.4
a.
Additional Requirement
In addition to the above experience, the CQC system manager shall have
successfully completed the course CONSTRUCTION QUALITY MANAGEMENT FOR
CONTRACTORS. This CQM course will be jointly sponsored by the Rock
Island District Corps of Engineers and the Associated General
Contractors of Iowa. Contact the following for information regarding
dates and locations of the course:
U.S. Army Engineer District, Rock Island
Attn.: Ms. Joanne Traicoff
1500 Rock Island Drive
Telephone No.: 309-794-5250
b.
The local course is not the only source of CQM certification for
Contractors and it is available through other Corps of Engineers'
Districts. The following website lists courses available from
Districts in the Mississippi Valley Division:
http://www.mvd.usace.army.mil/cqm/cqmtraining.php. Additional course
offerings are posted under "Hot Topics" at http://ulc.usace.army.mil/.
c.
In lieu of attending and completing this particular course, the
Contractor may provide the certificate from a similar completed course
(within the last 5 years) to satisfy this requirement. The course is
also provided by NAVFAC and a website may reveal addition qualified
sources. In the event that the certificate has been revoked or has
expired, the Contractor is required to retake the course in order to
satisfy the certification requirement.
3.5
SUBMITTALS
Submittals shall be made as specified in Section 01 33 00 SUBMITTAL
PROCEDURES. The CQC organization shall be responsible for certifying that
all submittals are in compliance with the Contract requirements.
3.6
CONTROL
Contractor Quality Control is the
that the construction, to include
complies with the requirements of
control shall be conducted by the
feature of work as follows:
means by which the Contractor ensures
that of subcontractors and suppliers,
the Contract. At least three phases of
CQC System Manager for each definable
SECTION 01 45 04
Page 5
3.6.1
Preparatory Phase
This phase shall be performed prior to beginning work on each definable
feature of work, after all required plans/documents/materials are
approved/accepted, and after copies are at the work site. A meeting shall
be held to start this phase. The meeting shall discuss:
a.
A review of each paragraph of applicable specifications.
b.
A review of the Contract drawings (and reference drawings as
applicable).
c.
A check to assure that all materials and/or equipment have been tested,
submitted, and approved.
d.
Review of provisions that have been made to provide required control
inspection and testing.
e.
Examination of the work area to assure that all required preliminary
work has been completed and is in compliance with the Contract.
f.
A physical examination of required materials, equipment, and sample
work to assure that they are on hand, conform to approved shop drawings
or submitted data, and are properly stored.
g.
A review of the appropriate activity hazard analysis to assure safety
requirements are met.
h.
Discussion of procedures for controlling quality of the work including
repetitive deficiencies. Document construction tolerances and
workmanship standards for that feature of work.
i.
A check to ensure that the portion of the plan for the work to be
performed has been accepted by the Contracting Officer.
j.
Discussion of the initial control phase.
k.
The Government shall be notified at least 24 hours in advance of the
preparatory meeting. The meeting shall be conducted by the CQC System
Manager and attended by the superintendent, other CQC personnel (as
applicable), and the foreman responsible for the definable feature.
The results of the preparatory phase actions shall be documented by
separate minutes prepared by the CQC System Manager and attached to the
daily CQC report (ATTACHMENT C - CONSTRUCTION QUALITY CONTROL
MANAGEMENT REPORT). The Contractor shall instruct applicable workers
as to the acceptable level of workmanship required in order to meet
Contract specifications.
l.
The Contractor may use the sample checklist (ATTACHMENT A PREPARATORY PHASE CHECKLIST) located at the end of this section or the
follow up checklist in QCS.
SECTION 01 45 04
Page 6
3.6.2
Initial Phase
This phase shall be accomplished at the beginning of a definable feature of
work. The following shall be accomplished:
a.
A check of work to ensure that it is in full compliance with Contract
requirements. Review minutes of the preparatory meeting.
b.
Verify adequacy of controls to ensure full Contract compliance.
required control inspection and testing.
c.
Establish level of workmanship and verify that it meets minimum
acceptable workmanship standards. Compare with required sample panels
as appropriate.
d.
Resolve all differences.
e.
Check safety to include compliance with and upgrading of the safety
plan and activity hazard analysis. Review the activity analysis with
each worker.
f.
The Government shall be notified at least 24 hours in advance of
beginning the initial phase. Separate minutes of this phase shall be
prepared by the CQC System Manager and attached to the daily CQC report
(ATTACHMENT C - CONSTRUCTION QUALITY CONTROL MANAGEMENT REPORT). Exact
location of initial phase shall be indicated for future reference and
comparison with follow-up phases.
g.
The initial phase should be repeated for each new crew to work onsite,
or any time acceptable specified quality standards are not being met.
h.
The Contractor may use the sample checklist (ATTACHMENT B - INITIAL
INSPECTION CHECKLIST) located at the end of this section or the follow
up checklist in QCS.
3.6.3
Verify
Follow-up Phase
Daily checks shall be performed to assure control activities, including
control testing, are providing continued compliance with Contract
requirements, until completion of the particular feature of work. The
checks shall be made a matter of record in the CQC documentation. Final
follow-up checks shall be conducted and all deficiencies corrected prior to
the start of additional features of work which may be affected by the
deficient work. The Contractor shall not build upon nor conceal
non-conforming work.
3.6.4
Additional Preparatory and Initial Phases
Additional preparatory and initial phases shall be conducted on the same
definable features of work if the quality of on-going work is unacceptable,
if there are changes in the applicable CQC staff, onsite production
supervision or work crew, if work on a definable feature is resumed after a
substantial period of inactivity, or if other problems develop.
SECTION 01 45 04
Page 7
3.7
TESTS
3.7.1
Testing Procedure
The Contractor shall perform specified or required tests to verify that
control measures are adequate to provide a product which conforms to
Contract requirements. Upon request, the Contractor shall furnish to the
Government duplicate samples of test specimens for possible testing by the
Government. Testing includes operation and/or acceptance tests when
specified. The Contractor shall procure the services of a Corps of
Engineers approved testing laboratory or establish an approved testing
laboratory at the project site. The list shall give the test name,
frequency, specification paragraph containing the test requirements, the
personnel and laboratory responsible for each type of test, and an estimate
of the number of tests required. The Contractor shall perform the
following activities and record and provide the following data:
a.
Verify that testing procedures comply with Contract requirements.
b.
Verify that facilities and testing equipment are available and comply
with testing standards.
c.
Check test instrument calibration data against certified standards.
d.
Verify that recording forms and test identification control number
system, including all of the test documentation requirements, have been
prepared.
e.
Results of all tests taken, both passing and failing tests, shall be
recorded on the daily CQC report (ATTACHMENT C - CONSTRUCTION QUALITY
CONTROL MANAGEMENT REPORT) for the date taken. Specification paragraph
reference, location where tests were taken, and the sequential control
number identifying the test shall be given. If approved by the
Contracting Officer, actual test reports may be submitted later with a
reference to the test number and date taken. An information copy of
tests performed by an offsite or commercial test facility shall be
provided directly to the Contracting Officer. Failure to submit timely
test reports as stated may result in nonpayment for related work
performed and disapproval of the test facility for this Contract.
3.7.2
3.7.2.1
Testing Laboratories
Capability Check
Unless otherwise specified or allowed, all testing shall be performed by a
testing laboratory validated by the Material Testing Center (MTC) of the
Corps of Engineers. A current list of validated commercial laboratories is
provided at the following website:
http://gsl.erdc.usace.army.mil/SL/MTC/ValidatedLabsList.htm. If the
Contractor proposes to use a commercial laboratory that is not validated or
set up an on-site laboratory, it shall make arrangements for validation by
contacting the Material Testing Center at Waterways Experiment Station,
Vicksburg, Mississippi, telephone number: 601-634-3974, website address:
http://gsl.erdc.usace.army.mil/SL/MTC/inspection.htm. The Government shall
SECTION 01 45 04
Page 8
provide personnel from the MTC to accomplish the initial inspection of one
laboratory. The Contractor shall bear all other costs in connection with
the validation of laboratories that are not currently validated. The
validation process may take 30 to 90 days or more. The Contractor shall be
responsible for determining the amount of time required for the validation
of the proposed laboratory and accounting for this period in its progress
schedule. If the Contractor elects to use a non-validated laboratory, work
requiring testing shall not commence until the laboratory has been
validated by MTC.
a.
The Government reserves the right to check laboratory equipment in the
proposed laboratory for compliance with the standards set forth in the
Contract specifications and to check the laboratory technician's
testing procedures and techniques. Laboratories used for testing
soils, concrete, asphalt, and steel shall meet criteria detailed in
ASTM D3740 and ASTM E329.
b.
The Contractor shall furnish to the Contracting Officer the Quality
Management Manuals (QMM's) from each laboratory to be used for
testing. The QMM manual from each laboratory shall fully describe
details on organization, human and physical resources, and procedural
systems in strict accordance with ASTM D3740. Laboratory QMM's shall
be considered along with other aspects of the laboratory during their
evaluation for capability to perform the required testing. Lack of a
comprehensive QMM shall be considered a major deficiency.
3.7.2.2
Capability Recheck
If the selected laboratory fails the capability check, the Contractor shall
be assessed a charge of $3,500.00 to reimburse the Government for each
succeeding recheck of the laboratory or the checking of a subsequently
selected laboratory. Such costs shall be deducted from the Contract amount
due the Contractor.
3.7.3
Onsite Laboratory
The Government reserves the right to use the Contractor's control testing
laboratory and equipment to make assurance tests and to check the
Contractor's testing procedures, techniques, and test results at no
additional cost to the Government.
3.7.4
Furnishing or Transportation of Samples for Testing
Costs incidental to the transportation of samples or materials shall be
borne by the Contractor. Samples of materials for test verification and
acceptance testing by the Government shall be delivered to the Contracting
Officer or as otherwise directed. Coordination for each specific test,
exact delivery location, and dates shall be made through the Contracting
Officer.
SECTION 01 45 04
Page 9
3.8
3.8.1
COMPLETION INSPECTION
Punch-Out Inspection
Near the completion of all work or any increment thereof established by a
completion time stated in the Special Clause COMMENCEMENT, PROSECUTION, and
COMPLETION OF WORK, or stated elsewhere in the specifications, the CQC
System Manager shall conduct an inspection of the work and develop a punch
list of items which do not conform to the approved drawings and
specifications. Such a list of deficiencies shall be included in the CQC
documentation, as required by paragraph QC DAILY REPORTS, below, and shall
include the estimated date by which the deficiencies shall be corrected.
The CQC System Manager or staff shall make a second inspection to ascertain
that all deficiencies have been corrected. Once this is accomplished, the
Contractor shall notify the Contracting Officer that the work is complete
and is ready for the Government's Pre-Final inspection.
3.8.2
Pre-Final Inspection
The Government shall perform this inspection to verify that the work is
complete and ready for its intended use. A Government Pre-Final Punch List
shall be developed as a result of this inspection. The Contractor's CQC
System Manager shall ensure that all items on this list have been corrected
before notifying the Contracting Officer so that a Final inspection can be
scheduled. Any items noted on the Final inspection shall be corrected in a
timely manner. These inspections and any deficiency corrections required
by this paragraph shall be accomplished within the time slated for
completion of the entire work or any particular increment thereof if the
project is divided into increments by separate completion dates.
3.8.3
Final Acceptance Inspection
The Contractor's Quality Control Inspection personnel, plus the
superintendent or other primary management person, and the Contracting
Officer shall be in attendance at this inspection. Additional Government
personnel, the customer/user, etc. may also be in attendance. The final
acceptance inspection shall be formally scheduled by the Contracting
Officer based upon results of the Pre-Final inspection. Notice shall be
given to the Contracting Officer at least 14 days prior to the final
acceptance inspection and shall include the Contractor's assurance that all
specific items previously identified to the Contractor as being
unacceptable, along with all remaining work performed under the Contract,
shall be complete and acceptable by the date scheduled for the final
acceptance inspection. Failure of the Contractor to have all Contract work
acceptably complete for this inspection shall be cause for the Contracting
Officer to bill the Contractor for the Government's additional inspection
cost in accordance with the Contract clause titled "INSPECTION OF
CONSTRUCTION."
3.9
QC DAILY REPORTS
The Contractor shall maintain current records providing factual evidence
that required quality control activities and/or tests have been performed.
These records shall include the work of subcontractors and suppliers and
SECTION 01 45 04
Page 10
shall be on an acceptable form that includes, as a minimum, the following
information:
a.
Contractor/subcontractor and their area of responsibility.
b.
Operating plant/equipment with hours worked, idle, or down for repair.
c.
Work performed each day, giving location, description, and by whom.
When Network Analysis (NAS) is used, identify each phase of work
performed each day by NAS activity number.
d.
Test and/or control activities performed with results and references to
specifications/drawings requirements. The control phase should be
identified (Preparatory, Initial, Follow-up). List deficiencies noted
along with corrective action.
e.
Quantity of materials received at the site with statement as to
acceptability, storage, and reference to specifications/drawings
requirements.
f.
Submittals reviewed, with Contract reference, by whom, and action taken.
g.
Off-site surveillance activities, including actions taken.
h.
Job safety evaluations stating what was checked, results, and
instructions or corrective actions.
i.
Instructions given/received and conflicts in drawings, plans, and/or
specifications.
j.
Contractor's verification statement.
These records shall indicate a description of trades working on the
project; the number of personnel working; weather conditions encountered;
and any delays encountered. These records shall cover both conforming and
deficient features and shall include a statement that equipment and
materials incorporated in the work and workmanship comply with the
Contract. The original of these records, in report form, shall be
furnished to the Government daily or at a frequency agreed to by the
Contracting Officer, except that reports need not be submitted for days on
which no work is performed. As a minimum, one report shall be prepared and
submitted for every 7 days of no work and on the last day of a no work
period. All calendar days shall be accounted for throughout the life of
the Contract. The first report following a day of no work shall be for
that day only. Reports shall be signed and dated by the CQC System
Manager. The report from the CQC System Manager shall include copies of
test reports and copies of reports prepared by all subordinate quality
control personnel and three phase inspection documentation.
SECTION 01 45 04
Page 11
3.10
The Contracting Officer will notify the Contractor of any detected
noncompliance with the foregoing requirements. The Contractor shall take
immediate corrective action after receipt of such notice. Such notice,
when delivered to the Contractor at the work site, shall be deemed
sufficient for the purpose of notification. If the Contractor fails or
refuses to comply promptly, the Contracting Officer may issue an order
stopping all or part of the work until satisfactory corrective action has
been taken. No part of the time lost due to such stop orders will be made
the subject of claim for extension of time or for excess costs or damages
by the Contractor.
SECTION 01 45 04
Page 12
SECTION 01 57 20
PART 1
GENERAL
1.1
REFERENCES
1.2
SUBMITTALS
1.3
DEFINITIONS
1.3.1
Environmental Pollution and Damage
1.3.2
1.3.3
Contractor Generated Hazardous Waste
1.3.4
Land Application for Discharge Water
1.3.5
Surface Discharge
1.3.6
Waters of the United States
1.3.7
Wetlands
1.4
1.5
SUBCONTRACTORS
1.6
PAYMENT
1.7
ENVIRONMENTAL PROTECTION PLAN (EPP)
1.7.1
Compliance
1.7.2
Contents
1.7.3
Appendix
1.8
PROTECTION OF FEATURES
1.9
ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS
1.10
NOTIFICATION
PART 2
PRODUCTS
PART 3
EXECUTION
3.1
ENVIRONMENTAL PERMITS AND COMMITMENTS
3.2
LAND RESOURCES
3.2.1
Work Area Limits
3.2.2
Landscape
3.2.3
Erosion and Sediment Controls
3.2.4
Contractor Facilities and Work Areas
3.2.5
Off-site Soils Testing
3.2.5.1
Soils and Materials Testing
3.3
WATER RESOURCES
3.3.1
Cofferdams, Diversions, and Dewatering Operations
3.3.2
Stream Crossings
3.3.3
Wetlands
3.4
AIR RESOURCES
3.4.1
Particulates
3.4.2
Odors
3.4.3
Sound Intrusions
3.4.4
Burning
3.5
CHEMICAL MATERIALS MANAGEMENT AND WASTE DISPOSAL
3.5.1
Solid Wastes
3.5.2
Chemicals and Chemical Wastes
3.5.3
Contractor Generated Hazardous Wastes/Excess Hazardous Materials
3.5.4
Fuel and Lubricants
3.5.5
Certified Laboratory
3.5.6
Waste Water
3.6
RECYCLING AND WASTE MINIMIZATION
3.7
NON-HAZARDOUS SOLID WASTE DIVERSION REPORT
3.8
HISTORICAL, ARCHAEOLOGICAL, AND CULTURAL RESOURCES
3.9
BIOLOGICAL RESOURCES
3.10
PREVIOUSLY USED EQUIPMENT
3.11
MAINTENANCE OF POLLUTION FACILITIES
3.12
TRAINING OF CONTRACTOR PERSONNEL
3.14
POST CONSTRUCTION CLEANUP
ATTACHMENTS:
ATTACHMENT A - SOIL AND MATERIALS ANALYTICAL PARAMETERS
(Attachment B - SELF DECLARATION FORM)
SECTION 01 57 20
PART 1
1.1
GENERAL
REFERENCES
extent referenced. The publications are referred to within the text by the
basic designation only.
WETLANDS DELINEATION MANUAL
(1987) Corps of Engineers Wetlands
Delineation Manual
33 CFR 328
Definitions of Waters of the United States
40 CFR 261
Identification and Listing of Hazardous
Waste
40 CFR 262
Generators of Hazardous Waste
40 CFR 279
Management of Used Oil
40 CFR 302
Designation, Reportable Quantities, and
Notification
40 CFR 355
Emergency Planning and Notification
40 CFR 68
Chemical Accident Prevention Provisions
49 CFR 171 - 178
Hazardous Materials Regulations
1.2
SUBMITTALS
Environmental Protection Plan (EPP); G ECDN
SECTION 01 57 20
Page 1
1.3
1.3.1
DEFINITIONS
Environmental Pollution and Damage
Environmental pollution and damage is the presence of chemical, physical,
or biological elements or agents which adversely affect human health or
welfare; unfavorably alter ecological balances of importance to human life;
affect other species of importance to humankind; or degrade the environment
aesthetically, culturally and/or historically.
1.3.2
Environmental protection is the prevention/control of pollution and habitat
disruption that may occur to the environment during construction. The
control of environmental pollution and damage requires consideration of
land, water, and air; biological and cultural resources; and includes
management of visual aesthetics; noise; solid, chemical, gaseous, and
liquid waste; radiant energy and radioactive material as well as other
pollutants.
1.3.3
Contractor Generated Hazardous Waste
Contractor generated hazardous waste means materials that, if abandoned or
disposed, may meet the definition of a hazardous waste. These waste
streams would typically consist of material brought on-site by the
Contractor to execute work, but are not fully consumed during the course of
construction. Examples include, but are not limited to, excess paint
thinners (i.e. methyl ethyl ketone, toluene etc.), waste thinners, excess
paints, excess solvents, waste solvents, and excess pesticides, and
contaminated pesticide equipment rinse water.
1.3.4
Land Application for Discharge Water
The term "Land Application" for discharge water implies that the Contractor
shall discharge water at a rate which allows the water to percolate into
the soil. No sheeting action, soil erosion, discharge into storm sewers,
discharge into defined drainage areas, or discharge into the "waters of the
United States" shall occur. Land Application shall comply with all
applicable Federal, State, and local laws and regulations.
1.3.5
Surface Discharge
The term "Surface Discharge" implies that the water is discharged with
possible sheeting action and subsequent soil erosion may occur. Waters
that are surface discharged may terminate in drainage ditches, storm
sewers,creeks, and/or "waters of the United States" and would require a
permit to discharge water from the governing agency.
1.3.6
Waters of the United States
All waters which are under the jurisdiction of the Clean Water Act, as
defined in 33 CFR 328.
SECTION 01 57 20
Page 2
1.3.7
Wetlands
Wetlands means those areas that are inundated or saturated by surface or
ground water at a frequency and duration sufficient to support, and that
under normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions. Wetlands generally include
swamps, marshes, and bogs. Official determination of whether or not an
area is classified as a wetland must be done in accordance with
WETLANDS DELINEATION MANUAL.
1.4
The Contractor shall minimize environmental pollution, and damage that may
occur as the result of construction operations. The Contractor shall
provide environmental protective measures and procedures to prevent and
control pollution, limit habitat disruption, and correct environmental
damage that occurs during construction at the Contractors expense. The
environmental resources within the project boundaries/limits and those
affected outside the limits of permanent work shall be protected during the
entire duration of this Contract. The Contractor shall comply with all
applicable environmental Federal, State, and local laws and regulations.
The Contractor shall be responsible for any delays resulting from failure
to comply with environmental laws and regulations.
1.5
SUBCONTRACTORS
The Contractor shall ensure compliance with this section by all
subcontractors.
1.6
PAYMENT
No separate payment will be made for work covered under this section. The
Contractor shall be responsible for payment of fees associated with
environmental permits, application, and/or notices obtained by the
Contractor, and payment of all fines/fees for violation or non-compliance
with Federal, State, Regional and local laws and regulations are the
Contractor's responsibility. All costs associated with this section shall
be included in the Contract price. The Contractor shall be responsible for
payment of all fines/fees for violation or non-compliance with Federal,
State, Regional and local laws and regulations.
1.7
ENVIRONMENTAL PROTECTION PLAN (EPP)
Prior to commencing construction activities or delivery of materials to the
site, the Contractor shall submit an EPP for review and approval by the
Contracting Officer. The purpose of the Environmental Protection Plan
is to present a comprehensive overview of known or potential environmental
issues which the Contractor must address during construction. Topics or
issues which are not identified in this section, but are considered
necessary, must be identified and discussed after those items formally
identified in this section. Prior to submittal of the Environmental
Protection Plan, meet with the Contracting Officer for the purpose of
discussing the implementation of the initial Environmental Protection Plan;
SECTION 01 57 20
Page 3
possible subsequent additions and revisions to the plan including any
reporting requirements; and methods for administration of the Contractor's
Environmental Plans. The EEP shall be updated and current, and maintain on
site by the Contractor.
1.7.1
Compliance
No requirement in this section shall be construed as relieving the
Contractor of any applicable Federal, State, and local environmental
protection laws and regulations. During construction, the Contractor shall
be responsible for identifying, implementing, and submitting for approval
any additional requirements to be included in the EPP.
1.7.2
Contents
The environmental protection plan shall include, but shall not be limited
to, the following:
a.
Name(s) of person(s) within the Contractor's organization responsible
for ensuring adherence to the Environmental Protection Plan.
b.
Name(s) and qualifications of person(s) responsible for manifesting
hazardous waste to be removed from the site, if applicable.
c.
Name(s) and qualifications of person(s) responsible for training the
Contractor's environmental protection personnel.
d.
Description of the Contractor's environmental protection personnel
training program.
e.
An erosion and sediment control plan which identifies the type and
location of the erosion and sediment controls to be provided. The plan
shall include monitoring and reporting requirements to assure that the
control measures are in compliance with the erosion and sediment
control plan, Federal, State, and local laws and regulations. A Storm
Water Pollution Prevention Plan (SWPPP) may be substituted for this
plan.
f.
Drawings showing locations of proposed temporary excavations or
embankments for haul roads, stream crossings, material storage areas,
structures, sanitary facilities, and stockpiles of excess or spoil
materials including methods to control runoff and to contain materials
on-site.
g.
Traffic control plans including measures to reduce erosion of temporary
roadbeds by construction traffic, especially during wet weather. Plan
shall include measures to minimize or remove the amount of mud/dirt
transported onto paved public roads by vehicles or runoff.
h.
Work area plan showing the proposed activity in each portion of the
area and identifying the areas of limited use or nonuse. Plan shall
include measures for marking the limits of use areas including methods
for protection of features to be preserved within authorized work areas.
SECTION 01 57 20
Page 4
i.
Drawing showing the location of borrow areas.
j.
The Spill Control plan shall include the procedures, instructions, and
reports to be used in the event of an unforeseen spill of a substance
regulated by 40 CFR 68, 40 CFR 302, 40 CFR 355, and/or regulated under
State or local laws and regulations. The Spill Control Plan
supplements the requirements of EM 385-1-1. This plan shall include as
a minimum:
(1) The name of the individual who will report any spills or hazardous
substance releases and who will follow up with complete
documentation. This individual shall immediately notify the
Contracting Officer and the local Fire Department in addition to
the legally required Federal, State, and local reporting channels
(including the National Response Center, 800-424-8802) if a
reportable quantity is released to the environment. The plan
shall contain a list of the required reporting channels and
telephone numbers.
(2) The name and qualifications of the individual who will be
responsible for implementing and supervising the containment and
cleanup.
(3) Training requirements for Contractor's personnel and methods of
accomplishing the training.
(4) A list of materials and equipment to be immediately available at
the job site, tailored to cleanup work of the potential hazard(s)
identified.
(5) The names and locations of suppliers of containment materials and
locations of additional fuel oil recovery, cleanup, restoration,
and material-placement equipment available in case of an
unforeseen spill emergency.
(6) The methods and procedures to be used for expeditious contaminant
cleanup.
k.
Off-site disposal of soils, soils from borrow sites, or soils purchased
must be sampled and tested for verification of the analysis parameters
as listed in Attachment A of this Section.
l.
A recycling and solid waste minimization plan with a list of measures
to reduce consumption of energy and natural resources. The plan shall
detail the Contractor's actions to comply with and to participate in
Federal, State, Regional, and local Government sponsored recycling
programs to reduce the volume of solid waste at the source.
n.
An air pollution control plan detailing provisions to assure that dust,
debris, materials, trash, etc., do not become air borne and travel off
the project site.
SECTION 01 57 20
Page 5
o.
A contaminant prevention plan that: identifies potentially hazardous
substances to be used on the job site; identifies the intended actions
to prevent introduction of such materials into the air, water, or
ground; and details provisions for compliance with Federal, State, and
local laws and regulations for storage and handling of these
materials. In accordance with EM 385-1-1, a copy of the Material
Safety Data Sheets (MSDS) and the maximum quantity of each hazardous
material to be on-site at any given time shall be included in the
contaminant prevention plan. As new hazardous materials are brought on
-site or removed from the site, the plan shall be updated.
p.
A waste water management plan that identifies the methods and
procedures for management and/or discharge of waste waters which are
directly derived from construction activities, such as concrete curing
water, clean-up water, dewatering of ground water, disinfection water,
hydrostatic test water, and water used in flushing of lines. If a
settling/retention pond is required, the plan shall include the design
of the pond including drawings, removal plan, and testing requirements
for possible pollutants. If land application will be the method of
disposal for the waste water, the plan shall include a sketch showing
the location for land application along with a description of the
pretreatment methods to be implemented. If surface discharge will be
the method of disposal, a copy of the permit and associated documents
shall be included as an attachment prior to discharging the waste
water. If disposal is to a sanitary sewer, the plan shall include
documentation that the Waste Water Treatment Plant Operator has
approved the flow rate, volume, and type of discharge.
q.
A historical, archaeological, cultural resources, biological resources,
and wetlands plan that defines procedures for identifying and
protecting historical, archaeological, cultural resources, biological
resources, and wetlands known to be on the project site and/or
identifies procedures to be followed if historical archaeological,
cultural resources, biological resources, and wetlands not previously
known to be on-site or in the area are discovered during construction.
This plan shall also include reference to any prior environmental
reports (pursuant to the National Historic Preservation Act, National
Environmental Policy Act, Endangered Species Act, etc.) associated with
the project area and any recommendations relevant to compliance and
mitigation mentioned in these reports. Any inadvertent discoveries of
protected resources during inspection or construction shall result in
the halt of activities in the area of the discovery and immediate
notification of the Contracting Officer. The Contracting Officer will
notify the contractor if and when work can resume once the Corps of
Engineers has evaluated and addressed the discovery. The plan shall
include methods to assure the protection of known or discovered
resources and shall identify lines of communication between Contractor
personnel and the Contracting Officer.
r.
If a hazardous
the Contractor
Officer of the
direction from
material(s) is encountered where it was not indicated,
shall stop work and immediately notify the Contracting
located potential hazardous material(s) found. Upon
the Contracting Officer, the Contractor may be required
SECTION 01 57 20
Page 6
to conduct sampling and testing of these suspect material(s) in
accordance with an Industrial Hygienist's recommended procedures and
the Contract Specification Section(s) required that will be provided to
the Contractor as a Modification to the Contract. Payment for this
additional work will be handled under the Contract Clause CHANGES.
1.7.3
Appendix
Copies of all environmental permits, permit application packages, approvals
to construct, notifications, certifications, reports, and termination
documents shall be attached, as an appendix, to the EPP.
1.8
PROTECTION OF FEATURES
This paragraph supplements the Contract Clause PROTECTION OF EXISTING
VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS. Prior to
start of any on-site construction activities, the Contractor and the
Contracting Officer shall make a joint condition survey. Immediately
following the survey, the Contractor shall prepare a brief report including
a plan describing the features requiring protection under the provisions of
the Contract Clauses, which are not specifically identified on the drawings
as environmental features requiring protection along with the condition of
trees, shrubs and grassed areas immediately adjacent to the site of work
and adjacent to the Contractor's assigned storage area and access route(s),
as applicable. This survey report shall be signed by both the Contractor
and the Contracting Officer upon mutual agreement as to its accuracy and
completeness. The Contractor shall protect those environmental features
included in the survey report and any as indicated, regardless of
interference which their preservation may cause to the Contractor's work
under the Contract.
1.9
ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS
Any deviations, requested by the Contractor, from the drawings and/or
specifications which may have an environmental impact will be subject to
approval by the Contracting Officer and may require an extended review,
processing, and approval time. The Contracting Officer reserves the right
to disapprove alternate methods, even if they are more cost effective, if
the Contracting Officer determines that the proposed alternate method will
have an adverse environmental impact.
1.10
NOTIFICATION
The Contracting Officer will notify the Contractor in writing of any
observed noncompliance with Federal, State or local environmental laws or
regulations, permits, and other elements of the Contractor's EPP. The
Contractor shall, after receipt of such notice, inform the Contracting
Officer of the proposed corrective action and take such action when
approved by the Contracting Officer. The Contracting Officer may issue an
order stopping all or part of the work until satisfactory corrective action
has been taken. No time extensions shall be granted or equitable
adjustments allowed to the Contractor for any such suspensions. This is in
addition to any other actions the Contracting Officer may take under the
Contract, or in accordance with the Federal Acquisition Regulation or
Federal Law.
SECTION 01 57 20
Page 7
PART 2
PRODUCTS
Not Used
PART 3
3.1
EXECUTION
ENVIRONMENTAL PERMITS AND COMMITMENTS
The Contractor shall be responsible for obtaining and complying with all
environmental permits and commitments required by Federal, State, Regional,
and local environmental laws and regulations.
3.2
LAND RESOURCES
The Contractor shall confine all activities to areas defined by the
drawings and specifications. Prior to the beginning of any construction,
the Contractor shall identify any land resources to be preserved within the
work area. Except in areas indicated or specified to be cleared, the
Contractor shall not remove, cut, deface, injure, or destroy land resources
including trees, shrubs, vines, grasses, topsoil, and land forms without
approval. No ropes, cables, or guys shall be fastened to or attached to
any trees for anchorage unless specifically authorized. The Contractor
shall provide effective protection for land and vegetation resources at all
times as defined in the following subparagraphs. Stone, soil, or other
materials displaced into uncleared areas shall be removed by the Contractor.
3.2.1
Work Area Limits
Prior to commencing construction activities, the Contractor shall mark the
areas that need not be disturbed under this Contract. Isolated areas
within the general work area which are not to be disturbed shall be marked
or fenced. Monuments and markers shall be protected before construction
operations commence. Where construction operations are to be conducted
during darkness, any markers shall be visible in the dark. The
Contractor's personnel shall be knowledgeable of the purpose for marking
and/or protecting particular objects.
3.2.2
Landscape
Trees, shrubs, vines, grasses, land forms, and other landscape features
indicated and defined to be preserved shall be clearly identified by
marking, fencing, or wrapping with boards, or any other approved
techniques. The Contractor shall report any landscape features damaged or
destroyed during construction operations outside the limits of the approved
work area and along with a proposed corrective action to the Contracting
Officer. Repairs shall add no additional cost to the Government.
SECTION 01 57 20
Page 8
3.2.3
Erosion and Sediment Controls
The Contractor shall be responsible for providing erosion and sediment
control measures in accordance with Federal, State, and local laws and
regulations. The erosion and sediment controls selected and maintained by
the Contractor shall be such that water quality standards are not violated
as a result of the Contractor's construction activities. The area of bare
soil exposed at any one time by construction operations should be kept to a
minimum. The Contractor shall construct or install temporary and permanent
erosion and sediment control best management practices (BMPs). BMPs may
include, but not be limited to, vegetation cover, stream bank
stabilization, slope stabilization, silt fences, construction of terraces,
interceptor channels, sediment traps, inlet and outfall protection,
diversion channels, and sedimentation basins. NPDES Storm Water Pollution
Prevention Plan (SWPPP) which will be reviewed by Contracting Officer. Any
temporary measures shall be removed after the area has been stabilized.
3.2.4
Contractor Facilities and Work Areas
The Contractor's field offices, staging areas, stockpile storage areas, and
temporary buildings shall be placed in areas as designated or as directed
by the Contracting Officer. Temporary movement or relocation of Contractor
facilities shall be made only when approved. Erosion and sediment controls
shall be provided for on-site borrow and spoil areas to prevent sediment
from entering nearby waters. Temporary excavation and embankments for
plant and/or work areas shall be controlled to protect adjacent areas.
3.2.5
Off-site Soils Testing
3.2.5.1
Soils and Materials Testing
Prior to the use or disposal of unsatisfactory materials or extra
materials, representative samples of the materials shall be collected and
laboratory tested for the parameters listed in ATTACHMENT A - SOIL AND
MATERIALS ANALYTICAL PARAMETERS. The analytical results shall be submitted
to the Contracting Officer upon receipt from the laboratory. Contracting
Officer will determine if the materials can be used or disposed with no
restrictions, as special waste or hazardous waste. The Contracting Officer
will inform the contractor of the waste designation upon determination.
3.3
WATER RESOURCES
The Contractor shall monitor construction activities to prevent pollution
of surface and ground waters. Toxic or hazardous chemicals shall not be
applied to soil or vegetation unless otherwise indicated. All water areas
affected by construction activities shall be monitored by the Contractor.
For construction activities immediately adjacent to impaired surface
waters, the Contractor shall be capable of quantifying sediment or
pollutant loading to that surface water when required by State or Federally
issued Clean Water Act permits.
Do not enter, disturb, destroy, or allow discharge of contaminants into any
wetlands except as authorized herein. The protection of wetlands in
accordance with paragraph ENVIRONMENTAL PERMITS AND COMMITMENTS is the
SECTION 01 57 20
Page 9
Contractor's responsibility. Authorization to enter specific wetlands
identified will not relieve the Contractor from any obligation to protect
other wetlands within, adjacent to, or in the vicinity of the construction
site and associated boundaries.
3.3.1
Cofferdams, Diversions, and Dewatering Operations
Construction operations for dewatering, removal of cofferdams, tailrace
excavation, and tunnel closure shall be controlled at all times to maintain
compliance with existing State water quality standards and designated uses
of the surface water body. The Contractor shall comply with the State of
water quality standards and anti-degradation provisions and the Clean Water
Act Section 404, Nation Wide Permit.
3.3.2
Stream Crossings
Stream crossings shall allow movement of materials or equipment without
violating water pollution control standards of the Federal, State, and
local Governments.
3.3.3
Wetlands
The Contractor shall not enter, disturb, destroy, or allow discharge of
contaminants into any wetlands except as authorized herein. The Contractor
shall be responsible for the protection of wetlands shown and in accordance
with paragraph ENVIRONMENTAL PERMITS AND COMMITMENTS. Authorization to
enter specific wetlands identified shall not relieve the Contractor from
any obligation to protect other wetlands within, adjacent to, or in the
vicinity of the construction site and associated boundaries.
3.4
AIR RESOURCES
Equipment operation, activities, or processes performed by the Contractor
shall be in accordance with all Federal and State air emission and
performance laws and standards.
3.4.1
Particulates
Dust particles; aerosols and gaseous by-products from construction
activities; and processing and preparation of materials, such as from
asphaltic batch plants; shall be controlled at all times, including
weekends, holidays and hours when work is not in progress. The Contractor
shall maintain excavations, stockpiles, haul roads, permanent and temporary
access roads, plant sites, spoil areas, borrow areas, and other work areas
within or outside the project boundaries free from particulates which would
cause the Federal, State, and local air pollution standards to be exceeded
or which would cause a hazard or a nuisance. Sprinkling, chemical
treatment of an approved type, baghouse, scrubbers, electrostatic
precipitators or other methods will be permitted to control particulates in
the work area. Sprinkling, to be efficient, must be repeated to keep the
disturbed area damp at all times. The Contractor must have sufficient,
competent equipment available to accomplish these tasks. Particulate
control shall be performed as the work proceeds and whenever a particulate
nuisance or hazard occurs. The Contractor shall comply with all State and
local visibility regulations.
SECTION 01 57 20
Page 10
3.4.2
Odors
Odors from construction activities shall be controlled at all times. The
odors shall not cause a health hazard and shall be in compliance with State
regulations and/or local ordinances.
3.4.3
Sound Intrusions
The Contractor shall keep construction activities under surveillance and
control to minimize environment damage by noise. The Contractor shall
comply with the provisions of the State of
rules.
3.4.4
Burning
Burning will not be allowed on the project site unless specified in other
sections of the specifications or authorized in writing by the Contracting
Officer. The specific time, location, and manner of burning shall be
subject to approval.
3.5
CHEMICAL MATERIALS MANAGEMENT AND WASTE DISPOSAL
Disposal of wastes shall be as directed below, unless otherwise specified
in other sections and/or as shown.
3.5.1
Solid Wastes
If for any reason the Contractor proposes to remove soil materials from
from the site, the Contractor shall follow paragraphs ENVIRONMENTAL
PROTECTION PLAN and OFF-SITE SOILS TESTING.
Solid wastes (excluding clearing debris) shall be placed in containers
which are emptied on a regular schedule. Handling, storage, and disposal
shall be conducted to prevent contamination. Segregation measures shall be
employed so that no hazardous or toxic waste will become co-mingled with
solid waste. The Contractor shall transport solid waste off Government
property and dispose it in compliance with Federal, State, and local
requirements for solid waste disposal. A Subtitle D RCRA permitted
landfill shall be the minimum acceptable off-site solid waste disposal
option. The Contractor shall verify that the selected transporters and
disposal facilities have the necessary permits and licenses to operate.
The Contractor shall comply with Federal, State, and local laws and
regulations pertaining to the use of landfill areas.
3.5.2
Chemicals and Chemical Wastes
Chemicals shall be dispensed ensuring no spillage to the ground or water.
Periodic inspections of dispensing areas to identify leakage and initiate
corrective action shall be performed and documented. This documentation
will be periodically reviewed by the Government. Chemical waste shall be
collected in corrosion resistant, compatible containers. Collection drums
shall be monitored and removed to a staging or storage area when contents
are within 6 inches of the top. Wastes shall be classified, managed,
stored, and disposed in accordance with Federal, State, and local laws and
regulations.
SECTION 01 57 20
Page 11
3.5.3
Contractor Generated Hazardous Wastes/Excess Hazardous Materials
Hazardous wastes are defined in 40 CFR 261, or are as defined by applicable
State and local regulations. Hazardous materials are defined in
49 CFR 171 - 178. The Contractor shall, at a minimum, manage and store
hazardous waste in compliance with 40 CFR 262 . The Contractor shall take
sufficient measures to prevent spillage of hazardous and toxic materials
during dispensing. The Contractor shall segregate hazardous waste from
other materials and wastes, shall protect it from the weather by placing it
in a safe covered location, and shall take precautionary measures such as
berming or other appropriate measures against accidental spillage. The
Contractor shall be responsible for storage, describing, packaging,
labeling, marking, and placarding of hazardous waste and hazardous material
in accordance with 49 CFR 171 - 178, State, and local laws and
regulations. The Contractor shall transport Contractor generated hazardous
waste off Government property within 90 days in accordance with the
Environmental Protection Agency and the Department of Transportation laws
and regulations. The Contractor shall dispose hazardous waste in
compliance with Federal, State and local laws and regulations. Spills of
hazardous or toxic materials shall be immediately reported to the
Contracting Officer. Cleanup and cleanup costs due to spills shall be the
Contractor's responsibility. The disposition of Contractor generated
hazardous waste and excess hazardous materials are the Contractor's
responsibility.
3.5.4
Fuel and Lubricants
Storage, fueling, and lubrication of equipment shall be conducted in a
manner that affords the maximum protection against spill and evaporation.
Fuel, lubricants, and oil shall be managed and stored in accordance with
all Federal, State, Regional, and local laws and regulations. Used
lubricants and used oil to be discarded shall be stored in marked
corrosion-resistant containers and recycled or disposed in accordance with
40 CFR 279, State, and local laws and regulations. Storage of fuel on the
project site shall be accordance with all Federal, State, and local laws
and regulations.
3.5.5
Certified Laboratory
Environmental laboratory services are to be provided only by laboratories
compliant with the most recently published version of the DoD Quality
Systems Manual (QSM) and holding a current EPA National Environmental
Laboratory Accreditation Program (NELAP) accreditation for all appropriate
fields-of-testing. As requested by the Contracting Officer, the laboratory
shall submit, in a timely manner, the self-declaration forms (Attachment B
- SELF DECLARATION FORM) (including supporting documentation), as well as
information related to NELAP accreditation. Before testing services can be
performed by the laboratory, the Contracting Officer will notify the
candidate laboratory of the acceptability of the declaration and supporting
documentation. Self-declaration and provision of NELAP accreditation
information is to be provided annually while supporting U.S. Army Corps of
Engineers (USACE) contracts. An environmental laboratory either
anticipating, or engaged in support of USACE contracts, shall notify the
SECTION 01 57 20
Page 12
prime Contractor and Contracting Officer, immediately of change in status
of laboratory operations that may affect on-going compliance with these
requirements. The Contracting Officer may, at any time, conduct audits
(including request for pertinent data or information) that support an
environmental laboratory's self-declaration of compliance with this
policy. If the Contracting Officer finds the laboratory non-compliant;
alternate compliant laboratory services will be used, until such time as
compliance is again demonstrated. Before performing environmental testing
for USACE, the laboratory shall have access to the approved Quality
Assurance Project Plan.
3.5.6
Waste Water
a.
Waste water from construction activities, such as on-site material
processing, concrete curing, foundation and concrete clean-up, water
used in concrete trucks, forms, etc. shall not be allowed to enter
water ways or to be discharged prior to being treated to remove
pollutants. The Contractor shall dispose the construction related
waste water off-Government property in accordance with all Federal,
State, Regional and Local laws and regulations.
b.
For discharge of ground water, the Contractor shall obtain a State or
Federal permit specific for pumping and discharging ground water prior
to surface discharging. surface discharge in accordance with all
Federal, State, and local laws and regulations.
c.
Water generated from the flushing of lines after disinfection or
disinfection in conjunction with hydrostatic testing shall be land
applied in accordance with all Federal, State, and local laws and
regulations for land application discharged into the sanitary sewer
with prior approval and/or notification to the Waste Water Treatment
Plant's Operator.
3.6
RECYCLING AND WASTE MINIMIZATION
The Contractor shall participate in State and local Government sponsored
recycling programs. The Contractor is further encouraged to minimize solid
waste generation throughout the duration of the project.
3.7
NON-HAZARDOUS SOLID WASTE DIVERSION REPORT
The Contractor shall maintain an inventory of non-hazardous solid waste
diversion and disposal of construction and demolition debris. The
Contractor shall submit a report to the Contracting Officer on the first
working day after each fiscal year quarter, starting the first quarter that
non-hazardous solid waste has been generated. The following shall be
included in the report:
a.
Construction and Demolition (C&D) Debris Disposed =
tons, as appropriate.
in cubic yards or
b.
Construction and Demolition (C&D) Debris Recycled =
tons, as appropriate.
in cubic yards or
c.
Total C&D Debris Generated =
in cubic yards or tons, as appropriate.
SECTION 01 57 20
Page 13
d.
3.8
Waste Sent to Waste-To-Energy Incineration Plant (This amount should
not be included in the recycled amount) = in cubic yards or tons, as
appropriate.
HISTORICAL, ARCHAEOLOGICAL, AND CULTURAL RESOURCES
Existing historical, archaeological, and cultural resources within the
Contractor's work area(s) are shown on the drawings. The Contractor shall
stay out of these area(s), protect these resources, and shall be
responsible for their preservation during the life of the Contract. If
during excavation or other construction activities any previously
unidentified or unanticipated historical, archaeological, and cultural
resources are discovered or found, all activities that may damage or alter
such resources shall be temporarily suspended. Resources covered by this
paragraph include but are not limited to: any human skeletal remains or
burials; artifacts; shell, midden, bone, charcoal, or other deposits; rock
or coral alignments, pavings, wall, or other constructed features; and any
indication of agricultural or other human activities. Upon such discovery
or find, the Contractor shall immediately notify the Contracting Officer so
that the appropriate authorities may be notified and a determination made
as to their significance and what, if any, special disposition of the finds
should be made. The Contractor shall cease all activities that may result
in impact to or the destruction of these resources. The Contractor shall
secure the area and prevent employees or other persons from trespassing on,
removing, or otherwise disturbing such resources.
3.9
BIOLOGICAL RESOURCES
The Contractor shall minimize interference with, disturbance to, and damage
to fish, wildlife, and plants including their habitat. The Contractor
shall be responsible for the protection of threatened and endangered animal
and plant species including their habitat in accordance with Federal,
State, Regional, and local laws and regulations.
3.10
PREVIOUSLY USED EQUIPMENT
The Contractor shall clean all previously used construction equipment prior
to bringing it onto the project site. The Contractor shall ensure that the
equipment is free from any invasive species, including aquatic and
terrestrial invasive species. The Contractor shall consult with the USDA
jurisdictional office for additional cleaning requirements.
3.11
MAINTENANCE OF POLLUTION FACILITIES
The Contractor shall maintain permanent and temporary pollution control
facilities and devices for the duration of the Contract or for that length
of time construction activities create the particular pollutant.
3.12
TRAINING OF CONTRACTOR PERSONNEL
The Contractor's personnel shall be trained in all phases of environmental
protection and pollution control. The Contractor shall conduct
environmental protection/pollution control meetings for all Contractor
SECTION 01 57 20
Page 14
personnel prior to commencing construction activities. Additional meetings
shall be conducted for new personnel and when site conditions change. The
training and meeting agenda shall include: methods of detecting and
avoiding pollution; familiarization with statutory and Contractual
pollution standards; installation and care of devices, vegetative covers,
and instruments required for monitoring purposes to ensure adequate and
continuous environmental protection/pollution control; anticipated
hazardous or toxic chemicals or wastes, and other regulated contaminants;
recognition and protection of archaeological sites, artifacts, wetlands,
and endangered species and their habitat that are known to be in the area.
3.14
POST CONSTRUCTION CLEANUP
The Contractor shall clean up all areas used for construction in accordance
with Contract Clause "Cleaning Up." The Contractor shall, unless otherwise
instructed in writing by the Contracting Officer, obliterate all signs of
temporary construction facilities such as haul roads, work area,
structures, foundations of temporary structures, stockpiles of excess or
waste materials, and other vestiges of construction prior to final
acceptance of the work. The disturbed area shall be graded, filled and the
entire area seeded unless otherwise indicated. The disturbed area shall be
graded smooth.
SECTION 01 57 20
Page 15
ATTACHMENT A to SECTION 01 57 20
PAGE 1 of 1
SOIL AND MATERIALS ANALYTICAL PARAMETERS
Volatiles Testing Requirements
Item
Method
Volatiles
SW-8260B
Semi-Volatiles Testing Requirements
Item
Method
Base/Neutrals
Extractable Organics
Acid Extractable
Organics
SW-8270C
SW-8270C
PCB Testing Requirements
Item
Method
PCBs
SW-8082
Pesticides Testing Requirements
Item
Method
Pesticides
8081A
Herbicides Testing Requirements
Item
Method
Herbicides
8151
Metals Testing Requirements
Item
Method
Antimony
Arsenic
Barium
Beryllium
Cadmium
Chromium, total
Chromium, hexavalent
Cobalt
Copper
Lead, total
Manganese
Mercury
Nickel
Selenium
Silver
6010 B
6010 B
6010 B
6010 B
6010 B
6010 B
6010 B
6010 B
6010 B
6010 B
6010 B
7471A
6010 B
6010 B
6010 B
Thallium
Vanadium
Zinc
Boron
Molybdenum
Strontium
6010 B
6010 B
6010 B
6010 B
6010 B
6010 B
TCLP Testing Requirements
Item
Method
Arsenic
6010B
Barium
6010B
Benzene
8021
Cadmium
6010B
Chlordane
8081A
Chlorobenzene
8260B
Chloroform
8260B
Chromium
6010B
o-Cresol
8270C
m-Cresol
8270C
p-Cresol
8270C
2,4,D
8151A
1,4-Dichlorobenzene
8260B
1,2-Dichloroethane
8260B
1,1-Dichloroethylene
8260B
2,4 Dinitrotoluene
8270C
Endrin
8081A
Heptachlor
8081A
Hexachlorobenzene
8270C
Nitrobenzene
8270C
Pentachlorophenol
8270C
Pyridine
8270C
Trichloroethylene
8270C
2,4,5-Trichlorophenol
8270C
Methoxychlor
8081A
Methyl ethyl ketone
8260B
Mercury
7471A
Lindane
8081A
Lead
6010B
Hexachlorethane
8270C
Hexachlorobutadine
8270C
Tetrachloroethylene
8260B
Toxaphene
8081A
Silver
6010B
Selenium
6010B
2,4,6-Trichlorophenol
8270C
2,4,5-TP
8151A
Vinyl Chloride
8260B
ATTACHMENT B to SECTION 01 57 20
Page 1 of 2
SELF DECLARATION FORM – The following form is provided to the candidate
environmental laboratory by the Contracting Officer, filled-out and returned by the
laboratory (including required documentation, and evaluated by the Contracting Officer
for policy compliance before the laboratory can provide environmental analytical support
to USACE contracts. Before testing services can be performed by the laboratory, the
Contracting Officer will notify the candidate laboratory of the acceptability of the
declaration and supporting documentation. The form is to be updated on an annual basis.
Legal name of
laboratory:
Street
address:
Name of
Owner:
Owner address
(if different):
Phone number:
E-Mail
address:
Laboratory
director:
Phone number:
E-Mail
address:
Quality
Assurance Officer:
Phone number:
E-Mail
address:
ATTACHMENT B to SECTION 01 57 20
Page 2 of 2
The undersigned persons understand and acknowledge that:
a. Laboratory operation, which will be utilized for testing in support of
environmental analytical testing for USACE, are in full compliance with the DOD
Quality Systems Manual (Version 3), including NELAC Standard Chapter 5 and
Appendix requirements). All written documentation provided to USACE, accompanying
this declaration, accurately reflect policy/practices implemented by laboratory staff.
b. The Laboratory will notify USACE immediately of change in status of
laboratory operations that may affect on-going compliance as declared per item a.
c. The Laboratory acknowledges that USACE may audit the laboratory, relative
to policy compliance at any time deemed appropriate; and will allow a designated
Contracting Officer full access to information and facilities to conduct such audit
operations.
d. Signatories are authorized to sign this form on behalf of the owner and that
there are no misrepresentations in the information provide in the initial laboratory
assessment package.
Signature of
Quality Assurance Officer:
Date:
Signature of
Laboratory Director:
Date:
Note – A completed declaration form is to be accompanied by a copy of the laboratory’s
most current Quality Assurance Manual (including QA SOPs and Ethics program
policies/procedures), appropriate sample prep and analytical SOPs, and corresponding
performance data (MDL studies and LCS ranges) as well as documentation related to
NELAP Accreditation(s), as appropriate.
SECTION 01 78 00
CLOSEOUT SUBMITTALS
PART 1
GENERAL
1.1
PROJECT RECORD DOCUMENTS
1.1.1
As-Built Drawings
1.1.1.1
Working As-Built and Final As-Built Drawings
1.1.1.2
Drawing Preparation
1.1.1.3
Red Line Drawings
1.1.1.4
Payment
1.1.2
As-Built Record of Equipment and Materials
1.1.3
Final Approved Shop Drawings
1.1.4
Construction Contract Specifications
1.1.5
Real Property Equipment
1.2
WARRANTY MANAGEMENT
1.2.1
Warranty Management Plan
1.2.2
Performance Bond
1.2.3
Pre-Warranty Conference
1.2.4
Contractor's Response to Construction Warranty Service
Requirements
1.2.5
Warranty Tags
1.3
MECHANICAL TESTING, ADJUSTING, BALANCING, AND COMMISSIONING
1.4
OPERATION AND MAINTENANCE MANUALS
1.5
FINAL CLEANING
PART 2
PRODUCTS
PART 3
EXECUTION
SECTION 01 78 00
CLOSEOUT SUBMITTALS
PART 1
1.1
GENERAL
PROJECT RECORD DOCUMENTS
1.1.1
As-Built Drawings
See Paragraphs AS-BUILT DRAWINGS in SECTION 01 45 04 - CONTRACTOR QUALITY
CONTROL
1.1.1.1
Working As-Built and Final As-Built Drawings
The Contractor shall revise two sets of paper drawings by red-line process
to show the as-built conditions during the prosecution of the project.
These working as-built marked drawings shall be kept current on a weekly
basis and at least one set shall be available on the jobsite at all times.
Changes from the Contract drawings which are made in the work or additional
information which might be uncovered in the course of construction shall be
accurately and neatly recorded as they occur by means of details and
notes. Final as-built drawings shall be prepared after the completion of
each definable feature of work as listed in the Contractor Quality Control
Plan (Foundations, Utilities, Structural Steel, etc., as appropriate for
the project). The working as-built marked prints and final as-built
drawings will be jointly reviewed for accuracy and completeness by the
Contracting Officer and the Contractor prior to submission of each monthly
pay estimate. If the Contractor fails to maintain the working and final
as-built drawings as specified herein, the Contracting Officer will deduct
from the monthly progress payment an amount representing the estimated cost
of maintaining the as-built drawings. This monthly deduction will continue
until an agreement can be reached between the Contracting Officer and the
Contractor regarding the accuracy and completeness of updated drawings.
The working and final as-built drawings shall show, but shall not be
limited to, the following information:
a.
The actual location, kinds and sizes of all sub-surface utility lines.
In order that the location of these lines and appurtenances may be
determined in the event the surface openings or indicators become
covered over or obscured, show by offset dimensions to two permanently
fixed surface features the end of each run including each change in
direction on the record drawings. Locate valves, splice boxes and
similar appurtenances by dimensioning along the utility run from a
reference point. Also record the average depth below the surface of
each run.
b.
The location and dimensions of any changes within the building
structure.
SECTION 01 78 00
Page 1
c.
Correct grade, elevations, cross section, or alignment of roads,
earthwork, structures or utilities if any changes were made from
contract drawings.
d.
Changes in details of design or additional information obtained from
working drawings specified to be prepared and/or furnished by the
Contractor; including but not limited to fabrication, erection,
installation plans and placing details, pipe sizes, insulation
material, dimensions of equipment foundations, etc.
e.
The topography, invert elevations and grades of drainage installed or
affected as part of the project construction.
f.
Changes or modifications which result from the final inspection.
g.
Where contract drawings or specifications present options, show only
the option selected for construction on the final as-built prints.
h.
If borrow material for this project is from sources on Government
property, or if Government property is used as a spoil area, furnish a
contour map of the final borrow pit/spoil area elevations.
i.
Systems designed or enhanced by the Contractor, such as HVAC controls,
fire alarm, fire sprinkler, and irrigation systems.
j.
Modifications (include within change order price the cost to change
working and final record drawings to reflect modifications) and
compliance with the following procedures.
(1) Directions in the modification for posting descriptive changes
shall be followed.
(2) A Modification Circle shall be placed at the location of each
deletion.
(3) For new details or sections which are added to a drawing, a
Modification Circle shall be placed by the detail or section title.
(4) For minor changes, a Modification Circle shall be placed by the
area changed on the drawing (each location).
(5) For major changes to a drawing, a Modification Circle shall be
placed by the title of the affected plan, section, or detail at
each location.
(6) For changes to schedules or drawings, a Modification Circle shall
be placed either by the schedule heading or by the change in the
schedule.
(7) The Modification Circle size shall be 1/2 inch diameter unless the
area where the circle is to be placed is crowded. Smaller size
circle shall be used for crowded areas.
SECTION 01 78 00
Page 2
k.
Any Contractor's Requests for Information (RFI) approved changes, such
as material or dimension changes) shall be implemented into the final
As-Builts.
1.1.1.2
Drawing Preparation
The as-built drawings shall be modified as may be necessary to correctly
show the features of the project as it has been constructed by bringing the
Contract set into agreement with approved working as-built prints, and
adding such additional drawings as may be necessary. These working
as-built marked prints shall be neat, legible and accurate. These drawings
are part of the permanent records of this project and shall be returned to
the Contracting Officer after approval by the Government. Any drawings
damaged or lost by the Contractor shall be satisfactorily replaced by the
Contractor at no expense to the Government.
1.1.1.3
Red Line Drawings
Only personnel proficient in the preparation of red line drawings shall be
employed to modify the original Contract drawing or prepare additional new
drawings. Additions and corrections to the Contract drawings shall be
neat, clean and legible, shall be done to the same level of detail, and
shall match the adjacent existing line work, and lettering being annotated
in type, density, size and style. Red line work shall be done using the
same medium print that was employed on the original Contract drawings. The
Contracting Officer will review as-built drawings for accuracy and
conformance to the above specified drafting standards. Corrections,
changes, additions, and deletions required shall meet these standards. The
title block to be used for any new as-built drawings shall be similar to
that used on the original drawings.
a.
When final revisions have been completed, each drawing shall be
lettered or stamped with the words "RECORD DRAWING AS-BUILT" followed
by the name of the Contractor in letters at least 3/16 inch high.
Original Contract drawings shall be marked either "As-Built" drawings
denoting no revisions on the sheet or "Revised As-Built" denoting one
or more revisions All original Contract drawings shall be dated in the
revision block.
b.
Within 10 days after Government approval of all of the working as-built
drawings for a phase of work, the Contractor shall prepare the final
as-built drawings for that phase of work and submit one set of prints
of these drawings (minimum size of 22-inches x 34-inches) for
Government review and approval. The Government will promptly return
the set of prints annotated with any necessary corrections. Within 7
days the Contractor shall revise the drawings accordingly at no
additional cost and submit one set of final prints for the completed
phase of work to the Government. Within 10 days of substantial
completion of all phases of work, the Contractor shall submit the final
as-built drawing package for the entire project. The submittal shall
consist of the completed final as-built drawings and the return of the
approved marked as-built prints. The drawings shall be complete in all
details. Paper prints and reproducible drawings will become the
SECTION 01 78 00
Page 3
property of the Government upon final approval. Failure to submit
final as-built drawings and marked prints, as required herein, may be
cause for the government to retain a portion of the Contractor's
progress payment. Approval and acceptance of final as-built drawings
shall be accomplished before final payment is made to the Contractor.
1.1.1.4
Payment
No separate payment will be made for as-built drawings required under this
Contract, and all costs accrued in connection with such drawings shall be
considered a subsidiary obligation of the Contractor.
1.1.2
As-Built Record of Equipment and Materials
The Contractor shall furnish one copy of preliminary record of equipment
and materials used on the project 15 days prior to final inspection. This
preliminary submittal will be reviewed and returned two days after final
inspection with Government comments. Two sets of final record of equipment
and materials shall be submitted 10 days after final inspection. The
designations shall be keyed to the related area depicted on the Contract
drawings. The record shall list the following data:
RECORD OF DESIGNATED EQUIPMENT AND MATERIALS DATA
Description
1.1.3
Specification
Section
Manufacturer
and Catalog,
Model, and
Serial Number
Composition
and Size
Where
Used
Final Approved Shop Drawings
The Contractor shall furnish final approved project shop drawings 30 days
after transfer of the completed facility.
1.1.4
Construction Contract Specifications
The Contractor shall furnish final as-built construction Contract
specifications, including modifications thereto, 30 days after transfer of
the completed facility.
1.1.5
Real Property Equipment
The Contractor shall furnish a list of installed equipment furnished under
this Contract. The list shall include all information usually listed on
manufacturer's name plate. The "EQUIPMENT-IN-PLACE LIST" shall include, as
applicable, the following for each piece of equipment installed:
description of item, location (by room number), model number, serial
number, capacity, name and address of manufacturer, name and address of
equipment supplier, condition, spare parts list, manufacturer's catalog,
and warranty. A draft list shall be furnished at time of transfer. The
final list shall be furnished 30 days after transfer of the completed
facility.
SECTION 01 78 00
Page 4
1.2
1.2.1
WARRANTY MANAGEMENT
Warranty Management Plan
The Contractor shall develop a warranty management plan which shall contain
information relevant to the clause Warranty of Construction. At least
30 days before the planned pre-warranty conference, the Contractor shall
submit the warranty management plan for Government approval. The warranty
management plan shall include all required actions and documents to assure
that the Government receives all warranties to which it is entitled. The
plan shall be in narrative form and contain sufficient detail to render it
suitable for use by future maintenance and repair personnel, whether
tradesmen, or of engineering background, not necessarily familiar with this
Contract. The term "status" as indicated below shall include due date and
whether item has been submitted or was accomplished. Warranty information
made available during the construction phase shall be submitted to the
Contracting Officer for approval prior to each monthly pay estimate.
Approved information shall be assembled in a binder and shall be turned
over to the Government upon acceptance of the work. The construction
warranty period shall begin on the date of project acceptance and shall
continue for the full product warranty period. A joint 4 month and 9 month
warranty inspection shall be conducted, measured from time of acceptance,
by the Contractor, Contracting Officer and the Customer Representative.
Information contained in the warranty management plan shall include, but
shall not be limited to, the following:
a.
Roles and responsibilities of all personnel associated with the
warranty process, including points of contact and telephone numbers
within the organizations of the Contractors, subcontractors,
manufacturers or suppliers involved.
b.
Furnish with each warranty the name, address, and telephone number of
each of the guarantor's representatives nearest to the project location.
c.
Listing and status of delivery of all Certificates of Warranty for
extended warranty items, to include roofs, HVAC balancing, pumps,
motors, transformers, and for all commissioned systems such as fire
protection and alarm systems, sprinkler systems, lightning protection
systems, etc.
d.
A list for each warranted equipment, item, feature of construction or
system indicating:
(1) Name of item.
(2) Model and serial numbers.
(3) Location where installed.
(4) Name and phone numbers of manufacturers or suppliers.
(5) Names, addresses and telephone numbers of sources of spare parts.
SECTION 01 78 00
Page 5
(6) Warranties and terms of warranty. Include 1 year overall warranty
of construction, including the starting date of warranty of
construction. Items which have extended warranties must be
indicated with separate warranty expiration dates.
(7) Cross-reference to warranty certificates as applicable.
(8) Starting point and duration of warranty period.
(9) Summary of maintenance procedures required to continue the
warranty in force.
(10) Cross-reference to specific pertinent Operation and Maintenance
manuals.
(11) Organization, names and phone numbers of persons to call for
warranty service.
(12) Typical response time and repair time expected for various
warranted equipment.
e.
The Contractor's plans for attendance at the 4 and 9 month
post-construction warranty inspections conducted by the Government.
f.
Procedure and status of tagging of all equipment covered by extended
warranties.
g.
Copies of instructions to be posted near selected pieces of equipment
where operation is critical for warranty and/or safety reasons.
1.2.2
Performance Bond
The Contractor's Performance Bond shall remain effective throughout the
construction period.
a.
In the event the Contractor fails to commence and diligently pursue any
construction warranty work required, the Contracting Officer will have
the work performed by others, and after completion of the work, will
charge the remaining construction warranty funds of expenses incurred
by the Government while performing the work, including, but not limited
to administrative expenses.
b.
In the event sufficient funds are not available to cover the
construction warranty work performed by the Government at the
Contractor's expense, the Contracting Officer will have the right to
recoup expenses from the bonding company.
c.
Following oral or written notification of required construction
warranty repair work, the Contractor shall respond in a timely manner.
Written verification will follow oral instructions. Failure of the
Contractor to respond will be cause for the Contracting Officer to
proceed against the Contractor.
SECTION 01 78 00
Page 6
1.2.3
Pre-Warranty Conference
Prior to Contract completion, and at a time designated by the Contracting
Officer, the Contractor shall meet with the Contracting Officer to develop
a mutual understanding with respect to the requirements of this section.
Communication procedures for Contractor notification of construction
warranty defects, priorities with respect to the type of defect, reasonable
time required for Contractor response, and other details deemed necessary
by the Contracting Officer for the execution of the construction warranty
shall be established/reviewed at this meeting. In connection with these
requirements and at the time of the Contractor's quality control completion
inspection, the Contractor shall furnish the name, telephone number and
address of a licensed and bonded company which is authorized to initiate
and pursue construction warranty work action on behalf of the Contractor.
This point of contact will be located within the local service area of the
warranted construction, shall be continuously available, and shall be
responsive to Government inquiry on warranty work action and status. This
requirement does not relieve the Contractor of any of its responsibilities
in connection with other portions of this provision.
1.2.4
Contractor's Response to Construction Warranty Service Requirements
Following oral or written notification by the Contracting Officer, the
Contractor shall respond to construction warranty service requirements in
accordance with the "Construction Warranty Service Priority List" and the
three categories of priorities listed below. The Contractor shall submit a
report on any warranty item that has been repaired during the warranty
period. The report shall include the cause of the problem, date reported,
corrective action taken, and when the repair was completed. If the
Contractor does not perform the construction warranty within the timeframes
specified, the Government will perform the work and backcharge the
construction warranty payment item established.
a. First Priority Code 1. Perform on-site inspection to evaluate
situation, and determine course of action within 4 hours, initiate work
within 6 hours and work continuously to completion or relief.
b. Second Priority Code 2. Perform on-site inspection to evaluate
situation, and determine course of action within 8 hours, initiate work
within 24 hours and work continuously to completion or relief.
c. Third Priority Code 3. All other work to be initiated within 3 work
days and work continuously to completion or relief.
d. The "Construction Warranty Service Priority List" is as follows:
Code 1-Air Conditioning Systems
(1) Recreational support.
(2) Air conditioning leak in part of building, if causing damage.
(3) Air conditioning system not cooling properly.
Code 1-Doors
(1) Overhead doors not operational, causing a security, fire, or
safety problem.
(2) Interior, exterior personnel doors or hardware, not
functioning properly, causing a security, fire, or safety problem.
SECTION 01 78 00
Page 7
Code 3-Doors
(1) Overhead doors not operational.
(2) Interior/exterior personnel doors or hardware not functioning
properly.
Code 1-Electrical
(1) Power failure (entire area or any building operational after
1600 hours).
(2) Security lights.
(3) Smoke detectors.
Code 2-Electrical
(1) Power failure (no power to a room or part of building).
(2) Receptacle and lights (in a room or part of building).
Code 3-Electrical
Street lights.
Code 1-Gas
(1) Leaks and breaks.
(2) No gas to family housing unit or cantonment area.
Code 1-Heat
(1) Area power failure affecting heat.
(2) Heater in unit not working.
Code 2-Kitchen Equipment
(1) Dishwasher not operating properly.
(2) All other equipment hampering preparation of a meal.
Code 1-Plumbing
(1) Hot water heater failure.
(2) Leaking water supply pipes.
Code 2-Plumbing
(1) Flush valves not operating properly.
(2) Fixture drain, supply line to commode, or any water pipe
leaking.
(3) Commode leaking at base.
Code 3 -Plumbing
Leaky faucets.
Code 3-Interior
(1) Floors damaged.
(2) Paint chipping or peeling.
(3) Casework.
Code 1-Roof Leaks
Temporary repairs will be made where major damage to property is
occurring.
SECTION 01 78 00
Page 8
Code 2-Roof Leaks
Where major damage to property is not occurring, check for
location of leak during rain and complete repairs on a Code 2
basis.
Code 2-Water (Exterior)
No water to facility.
Code 2-Water (Hot)
No hot water in portion of building listed.
Code 3-All other work not listed above.
1.2.5
Warranty Tags
At the time of installation, each warranted item shall be tagged with a
durable, oil and water resistant tag approved by the Contracting Officer.
Each tag shall be attached with a copper wire and shall be sprayed with a
silicone waterproof coating. The date of acceptance and the QC signature
shall remain blank until project is accepted for beneficial occupancy. The
tag shall show the following information.
a.
Type of product/material_____________________________________.
b.
Model number_________________________________________________.
c.
Serial number________________________________________________.
d.
Contract number______________________________________________.
e.
Warranty period___________from___________to__________________.
f.
Inspector's signature________________________________________.
g.
Construction Contractor______________________________________.
Address______________________________________________________.
Telephone number_____________________________________________.
h.
Warranty contact_____________________________________________.
Address______________________________________________________.
Telephone number_____________________________________________.
i.
Warranty response time priority code_________________________.
j. WARNING - PROJECT PERSONNEL TO PERFORM ONLY OPERATIONAL MAINTENANCE
DURING THE WARRANTY PERIOD.
SECTION 01 78 00
Page 9
1.3
MECHANICAL TESTING, ADJUSTING, BALANCING, AND COMMISSIONING
Prior to final inspection and transfer of the completed facility; all
reports, statements, certificates, and completed checklists for testing,
adjusting, balancing, and commissioning of mechanical systems shall be
submitted to and approved by the Contracting Officer as specified in
applicable technical specification sections.
1.4
OPERATION AND MAINTENANCE MANUALS
Operation manuals and maintenance manuals shall be submitted as specified.
Operation manuals and maintenance manuals provided in a common volume shall
be clearly differentiated and shall be separately indexed. Failure to
submit operation manuals and maintenance manuals, as required herein, will
be cause for withholding up to 1 percent payment due the Contractor under
this Contract. Approval and acceptance of operation manuals and
maintenance manuals shall be accomplished before final payment is made to
the Contractor.
1.5
FINAL CLEANING
The premises shall be left broom clean. Stains, foreign substances, and
temporary labels shall be removed from surfaces. Carpet and soft surfaces
shall be vacuumed. Equipment and fixtures shall be cleaned to a sanitary
condition. Filters of operating equipment shall be replaced. Debris shall
be removed from roofs, drainage systems, gutters, and downspouts. Paved
areas shall be swept and landscaped areas shall be raked clean. The site
shall have waste, surplus materials, and rubbish removed. The project area
shall have temporary structures, barricades, project signs, etc., and
construction facilities removed. A list of completed clean-up items shall
be submitted on the day of final inspection.
PART 2
PRODUCTS
Not Used
PART 3
EXECUTION
Not Used
SECTION 01 78 00
Page 10

Multiple Award Task Order Contract (MATOC

Transcription

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