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HomeMy WebLinkAboutResolution - 5480 - Amendment To Contract - USA, DOA, COE - Water Line & Meter, Near Reese AFB - 05_08_1997RESOLUTION NO.548a Item #28 May 8, 1997 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City a Contract, an Amendment thereto, and related documents with the United States of America, Department of the Army, Corps of Engineers for the installation of approximately 5,920 linear feet of 12-inch waterline and one 6-inch meter near Reese Air Force Base, attached hereto and which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of May , 1997. ATTEST:'-- KayffiNDarnell, City Secretary APPROVED AS TO CONTENT: Mike Murphy, Chief gineer for Water Utilities APPROVED AS TO FORM: ffafold Willard, Assistant City Xttorney H W: g s /cc d o c s /USAD e p t. re s March 20, 1997 Excecuted this Ath day of May , 1997. ATTEST: Darnell, City Secretary APPROVED AS TO CONTENT: z2t;?�� �ViF- -IAYII Michael E. M hy, P.E., Chief tAgineer for Water Utilities APPROVED AS TO FORM: Willard, Assistant City Attorney SF 30 CONTINUATION SHEET Determination. SECTION 00700: Clause 88, 52.232-7006, Reduction or Suspension of Contract Payment Upon Finding of Fraud. Clause 103, 52.232-17, Interest. Clause 104, 52.232-23, Assignment of Claims. Clause 105, 52.232-27, Prompt Payment for Construction Contracts. SECTION 00800: Clause 5, Required Insurance. DACA56-97-R-0013 Amend. 0001 2 RESOLUTION NO. 548a Item #28 Mav 8, 1997 1. SOLICITATION NO. 2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF PAi SOLICITATION, OFFER, DACA56-97-R-0013 02/25/97 ❑ SEALED BOO (IFB) ANQ AWARD Q NEGOTIATED (RFP) (Constructlon,,Alteratlon, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQU EST NO. 8. PROJECT NO. DACA56-97-C-0033 W44XGQ-7028-9197 7. ISSUED BY CODE W44XGQ S. ADDRESS OFFER TO PAM DISTRICT ENGINEER TULSA DIST. CORPS OF ENGINEERS TULSA DIST, CORPS OF ENGINEERS PO BOX 61 1645 SOUTH 101ST EAST AVENUE ATTN CHRONISTER 918/669-7270 TULSA OK 74128-4629 TULSA OK 74121-0061 8. FOR INFORMATION A. NAME I B. TELEPHONE NO. (include area code) (NO COLLECT CALLS) CALL: , Pamela S. Chronister K02 918-669-7270 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): INSTALLATION OF APPROXIMATELY 5920 LINEAR FEET OF 12 INCH WATERLINE AND ONE 6 INCH METER NEAR REESE AFB, TX APPROXIMATE VALUE: $100,000 TO $250,000 11. The Contractor shall begin performance within 10 calendar days and complete it within 126 calendar days after receMn ❑ award, © notice to proceed. This performance period Is ❑X mandatory, ❑ negotiable. (See ) 12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? 12B. CALENDAR DAYS (If "YES,"indicats within how many calendar days after award in Item 12B.) ❑ YES © NO A. Sealed offers in original and z copies to perform the work required are due at the place specified in Item a by 1630 (hour) 03/26/97 w" e local time (date). It this is a sealed bid solicitation, otters must be publicly opened at that time. 5�aled 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 []is, ® is not required. C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses Incorporated In the solicitation in full text or by reference. D. Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected. NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4- Prescribed by GSA 0 0 010 -1 FAR (48 CF R) 53.236-1(e) CONTRACTMIS COPY SECTION 00010 SUPPLIES OR SERVICES AND PRICES/COSTS ITEM DESCRIPTION QUANTITY U I UNIT PRICE AMOUNT 0001 PROVIDE LABOR, MATERIALS AND EQUIPMENT 1.00 JB $ 139 , 1 17 58 $139 ,117 58 TO INSTALL 12 INCH WATERLINE AND 6 INCH WATER METER AS SHOWN ON THE ATTACHED DRAWING AND IN ACCORDANCE WITH THE ATTACHED SCOPE OF WORK. WORK IS LOCATED NEAR REESE AFB, TX. END OF SECTION 00010 DACA56-97-R-0013 DACA56-97-C-0033 00010-3 AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT +. CONTRACT 1oCODE I. AMENDFAEMT/MODIFICATION NO. 3. EFFECTIVE OATC 4. REQUISITION/PURCl/AS:. R:O. NO. S. 0001 03/14/97 K44YG0-7028-9197 a. ISSUED By CODE Naayrll r.ADb:INIS' aREO AYpf o!a!r trier Item d) PAGE OF pgGE 1 2 I !I+ 40P l+eablft) DISTRICT ENGINEER TU'aSA DIST, CORPS OF ENSIMEERS 1645 SOUTH 101ST EAST AVEd'L93 TULSA OK 74128-4629 Pamela S. Chronister K02918-669-7270 _ L NVAE AND ADDRESS OF CONTRACTOR (No., street, county, Stale and ZIP Code) Vendor ID: 00000001 9A.AMENDMENT OFSOLICITATIOHNo. DACAS6-97-R-0013 x 6B. DATED (SEE ITEM 11) 02/25/97 10A. MODIFICATION OF CONTRACT/ORDER NO. 1 3) _CODE I FACILITY CODE I I 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS � The above numbered solicitation is amended as set forth in Item 14.'rho it and date specified for receipt of Ofters. is extended, 0 is not extended. Offers must acknowiodge receipt of this amendment prior to the four and date specified in the sollcita'Ion or as amended, by one of the following mstt.cds: (a) By eomplsting Mrems a and 15, and returning I copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the Offer subni tted; or (c) By separate letter or telegram W-fiicin ncludes a reference to the solicitation end amendment numbers. FAILURE OF YOUR ACKNOWL`cDG- 04ENTTO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. It by virtue of this amendment you desire to change an offer edready submitted, such change may be made by teleGram c: letter, provided each telegram or letter makes reference to the solicitation and this amendment, and Is received prior to the opening hour and date specified. 12. ACCOUNTING AND APPROPRIATION DATA p t required) 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14. A.THIS CHANGE ORDER 1313SUED PURSUANT TO: (Specifyauthority) THE CHANGES SET FORTH IN ITEM 14ARE MADE IN THE CONTRACTORCER NO, IN ITEM 10A. 8.THE ASOVE NUMBERED CONTRACT/OROER IS MODIFIED TO REFLECTTHE ADMiNISTRATIV E CHANGES (such as changes )n paying office, appropriation data, eta) SET FORTH IN ITEM 14, PU RSUANT TO THE AUTHORITY OF FAR 43.103 (b} Ca THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: D. OTHER (Specify type of modification and aulhonty) E IMPORTANT: Contractor 0 is not. ❑ is required to sign this document and return copk+s to the Issuing office. 14. DESCRIPTION OFAMENDMENT/MODMICATION (Organized by UCFsection headings, including soscitat;onfeen'raetsubject inatter wharefeasible.) INSTALIATION OF WATERLINE NEAR REFSE AM. TX Page 2 of the Scope of Work is hereby replaced with the attaLched page 2 _ (chartgea Bade to payment terms). �• The following clauses are hereby deletedl SECTICM 00100: Clause 31, 52.232-13, Scitice of Progress Payments. S—&CTIOX 00600: Clause 1, S2.203-2, Certificate of I.ndependent Pri7•- r....-..r —.,..dd.A h.—In all fwrMs wed eendIP—. e f th. d—..n.nf r.f.reneed in nem 9A nr'nA ae h—tn I, f. -F..•. 0 e.:. .... ..... ti......i ... ;- t::n f-.-- ..., r.— IMNAMEAND TITLE OF SIGNER (rype or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) Mike E. Murphy, P.E. MS. ON O OIR r SC. 108.UNITEOSTATES OFAMcRICA _ I6C.0AT=5;0r 1 -. ay (Signature of personauthonze o ) (316nature of ConlractMgofficer) NSN T5a0-Ot-tS2-10T0 PREVIOUS EDITION UNUSABLE 30-105 5TANDARD FORM 30 (REV. 1D-83) Prescribed by GSA FAA (46 CFR) $3.243 4opy new 12" water line will become retail customers of the City of Lubbock, Texas. G. Performance Time. The performance time for the design and construction of the water line will be 126 calendar days (18 full weeks) from the Notice to Proceed (NTP) date. Efforts should be made to expedite the construction of the water line. See also Section 00800 clause entitled Commencement, Prosecution, and Completion of Work. H. Ownership, Operation, Maintenance and Repair. Ownership of the facilities constructed under this contract will vest in the City of Lubbock upon completion of construction. Subsequently, all future operation, maintenance and repair and related costs thereof shall be the responsibility of the City of Lubbock. All taxes and other charges in connection therewith, together with all liability arising out of the construction, operations, maintenance, or repair of such facilities shall be the obligation of the City of Lubbock. I. Payment. (1) The estimated cost is specified in Section 00010. In consideration of the contractor providing the waterline facilities described herein, the Government shall pay the contractor the either the actual cost or the estimated cost, whichever is less. If the actual cost exceeds the estimated cost, the Government will only be responsible for payments up to the estimated cost. To determine the actual cost, the contractor shall submit documentation to support these costs. Documentation must be in sufficient detail to determine actual costs and may include bills of materials, labor payrolls, equipment rental costs, and subcontract costs. Final payment reconciliation of contract costs shall not be made until this documentation has been submitted and reviewed by the Contracting Officer. As a condition precedent to final payment reconciliation of contract costs, the contractor shall execute a release of any claims against the Government arising under or by virtue of such installation. , (2) Progress payments shall be made in aecordenee with contract elause 52.216-7 entitled Allowable Cost and Payment, located in Section 00700, on work whieh meets the specifleation ts. Submitted with each progress paymen request shall be adequate dactji�entation to support the requested amount. Payment requests may include material delivered to the site, preparatory work accomplished, it rental eosts, labor costs, and subeontraet eests. Subcontreet eosts must ste detail to determine the validity of the amotint requeste& In accordance with FAR 32.404, early payment is authorized. Early payment will not be made until the contractor notifies the Contracting Officer that the work is ready to commence. The early payment amount shall not exceed the estimated costs. Final reconciliation of actual costs shall be made in accordance with the preceding paragraph. If actual costs are less than the estimated costs, the contractor shall promptly reimburse the Government. Amendment No. 0001 14 Mar 97 2 r'AMENDMENT OF SOLICITATIONIMODIFICATION OF CONTRACT 2.AMENDMENTIMOOIFICATION NO. 3. EFFECTIVE GATE 4. REOU 0002 03/31/97 6.153UED eV CODE W44XGO Y. AOMIi DISTRICT ENGINEER TULSA DIST, CORPS OF ENGINEERS 1643 SOUTH 101ST EAST AVENUE TM.SA OR 74128-4629 Pamela S. Chronister I02916-669-7270 1. CONTRACT ID CODE ►+44XGQ-1028-9197 a. NAME AND ADDRESS OF CONTRACTOR (No., street, county. State and ZIP Code) Vender ID: 00000001 I Item PAGE OF PAC 1 1 1 (If apGlies hit) 9A. AMENOMENTOF SOLICITATION NO. DACA56-97-A-0013 IS. DATEDISEE ITEM t1) 02/2S/97 10A. MODIFICATION OF CONTRACTIORDER NO. it. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS The above numbered solictiation Is amended as cat forth InTtem 14. W hour ana date spec+fie oreceipt of Uffers - extended, s not extend c. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing Items & and 15, and returning I copies of the amendment; (b) By acknoviiedging receipt of this amendment on each copy of the Offf submitted; or (c) By separate letter or telegram w +includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEOG MENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. It by virtue of this amendment you desire to change an otter already submitted, such change may be made by telegram < letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified. 112. ACCOUNTING AND APPROPRIATION DATA (If required) 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ItEM 14. (ln A. This CHANGE ORDER IS ISSUED PURSUANT TO:(Specifyauthorily) THE CHANGES SIT FORTH IN ITEM 14ARE MADE INTHE CONTRACT ORDER NO. IN ITEM 10A. E. rH E AeOVE NUMB ERE D CONTRACT!ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes In paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103 (bJ C.THIS SUPPLEMENTAL AGREEMENT 13 ENTERED INTO PURSUANT TO AUTHORITY OF: 0. OTHER (Specify typo of modification and authority) IE 0APMAW: Contractor Is not Is required to sign this document and return _ copies to the issuing office. ta. DESCRIPTION OF AMENOM£NTIMODIFiCATION (Organized oy UCF section hoading3, inchtding sclic:utior/contract subject matter where feasible.) IMTA.S+ATIOY OF WA:'ERL:NE NZAR RUSS ATB, TX Page 2 of the Scope of Work is hereby replaced with the attached page 2 — - (changes made to payment terms). The following clause is hereby deleted: SECTION 00600: Clause 3, Requirement for Certificate of Procurement Integrity (Sept 1995)--Altarnate I. C-4...,rn 4A.A I,.r.Fn .II f.r.,. and condition. of th. dee...,.nf—f...... d in I1.m to er 1nA. A h—tef— eh .... A- r.,.ain..,.eh—A —4 I. f dl 9ni —A .fbH IM NAME AND TITLE OF SIGNER (Type or print) IM NAME AND TITLE OF CONTRACTING OFFICER (Type orprint) Mike E. Murphy_p,E, .R sb.0 NTACTOR/OFFEROR 15C.0A E iGNE0 Ise. UNITTOStA F3d1AMM[ft!.CA teC.DATE siGNI Signature of person tut ortzed n) (Signature of Contractnq Officer) ION 7640-01-132-6070 PREVIOUS EDITION UNUSABLE 30-105 STANDARD FORM 30 (REV. 10-83) Prescribed by GSA FAR (46 CFR) 83.243 Cpp7RAcT01k'S C4,0Y REESE AIR FORCE BASE, LUBBOCK, TEXAS JANUARY 26, 1997 SCOPE OF WORK FOR INSTALLATION OF 12" WATER LINE SOLICITATION NO. DACA56-97-11-0013 A. General. The work required to provide the requested water line shall include providing all engineering services, labor, materials, equipment, and transportation necessary to install a 12" water line for a length of 5,940 linear feet. All fire hydrants necessary to meet the City of Lubbock's standards shall be installed at the expense of the City of Lubbock. Any easements necessary to accomplish this work will be the responsibility of the City of Lubbock. B. Location of New Line. The new water line will tie into the existing 12" line at a point approximately 900 feet South of the intersection of 19th and Alcove. The new line will be installed from this point down Alcove to 34th Street and then West on 34th Street, continuing to a point near the existing well house serving the Executive Mobile Home Park. One 6-inch water meter will be installed at the termination of the new line. A map showing the general area of the proposed line is included (encl 1). C. Safety. The contractor shall comply with all applicable OSHA and City of Lubbock safety standards and any locally established safety requirements. D. Equipment Specifications. All piping materials and equipment shall conform to the written specifications of the Department of Water Utilities, City of Lubbock, Texas. Written certification of conformance shall be provided by the City of Lubbock, Texas to the Contracting Officer within twenty days after completion of this project. A 12" gate valve and box shall be installed approximately each half -mile along the line or as required by the city of Lubbock. E. Railroad Crossing. A section of the new water line will cross a railroad line. At this time, the railroad requires a dry bore in their embankment. Approximately one -hundred linear feet of bore casing and pipe will be required and a dry bore shall be assumed for the cost proposal. F. Refund Provision. There will be no refund provision included within this contract. Information on known or anticipated customers who will connect to this water line should be utilized when preparing the cost proposal. All customers connected to this new 12" water line will become retail customers of the City of Lubbock, Texas. G. Performance Time. The performance time for the design and construction of the water line will be 126 calendar days (18 full weeks) from the Notice to Proceed (NTP) date. Efforts should be made to expedite the construction of the water line. See also Section 00800 clause entitled Commencement, Prosecution, and Completion of Work. H. Ownership, Operation, Maintenance and Repair. Ownership of the facilities constructed under this contract will vest in the City of Lubbock upon completion of construction. Subsequently, all future operation, maintenance and repair and related costs thereof shall be the responsibility of the City of Lubbock. All taxes and other charges in connection therewith, together with all liability arising out of the construction, operations, maintenance, or repair of such facilities shall be the obligation of the City of Lubbock. I. Payment. (1) The estimated cost is specified in Section 00010. In consideration of the contractor providing the waterline facilities described herein, the Government shall pay the contractor the either the actual cost or the estimated cost, whichever is less. If the actual cost exceeds the estimated cost, the Government will only be responsible for payments up to the estimated cost. To determine the actual cost, the contractor shall submit documentation to support these costs. Documentation must be in sufficient detail to determine actual costs and may include bills of materials, labor payrolls, equipment rental costs, and subcontract costs. Final payment shall not be made until this documentation has been submitted and reviewed by the Contracting Officer. As a condition precedent to final payment, the contractor shall execute a release of any claims against the Government arising under or by virtue of such installation. (2) Progress payments shall be made in accordance with contract clause 52.216-7 entitled Allowable Cost and Payment, located in Section 00700, on work which meets the specification requirements. Submitted with each progress payment request shall be adequate documentation to support the requested amount. Payment requests may include material delivered to the site, preparatory work accomplished, equipment rental costs, labor costs, and subcontract costs. Subcontract costs must be in adequate detail to determine the validity of the amount requested. ^, A new 12" water line will become retail customers of the City of Lubbock, Texas. G. Performance Time. The performance time for the design and construction of the water line will be 126 calendar days (18 full weeks) from the Notice to Proceed (NTP) date. Efforts should be made to expedite the construction of the water line. See also Section 00800 clause entitled Commencement, Prosecution, and Completion of Work. H. Ownership, Operation. Maintenance and Repair. Ownership of the facilities constructed under this contract will vest in the City of Lubbock upon completion of construction. Subsequently, all future operation, maintenance and repair and related costs thereof shall be the responsibility of the City of Lubbock. All taxes and other charges in connection therewith, together with all liability arising out of the construction, operations, maintenance, or repair of such facilities shall be the obligation of the City of Lubbock. I. Payment. (1) The estimated cost is specified in Section 00010. In consideration of the contractor providing the waterline facilities described herein, the Government shall pay the contractor the either the actual cost or the estimated cost, whichever is less. If the actual cost exceeds the estimated cost, the Government will only be responsible for payments up to the estimated cost. To determine the actual cost, the contractor shall submit documentation to support these costs. Documentation must be in sufficient detail to determine actual costs and may include bills of materials, labor payrolls, equipment rental costs, and subcontract costs. Final payment reconciliation of contract costs shall not be made until this documentation has been submitted and reviewed by the Contracting Officer. As a condition precedent to final payment reconciliation of contract costs, the contractor shall execute a release of any claims against the Government arising under or by virtue of such installation. (2) Progress payments shall be made in acwrdanee with eontract elause 52.2i6-7 entitled Adlowable Oost and Payment, located on Section 00700, on wor whieh meets the apeeifiestio mts. Submitted with each progress payment request shall be adequate doeun;entation to support thle. reaj-de-Q-te-d ounf.—f�ayt ent requests may include material delivered to the site, preparatory work-aceamplishecl detWl'to determine the validity of the amount IrMt&Idance with FAR 32.404, early payment is authorized. Early payment will not be made until the contractor notifies the Contracting Officer that the work is ready to commence. The early payment amount shall not exceed the estimated costs. Notwithstanding anything in the offer or resultant contract to the contrary, early payment shall include all estimated costs. Contractor shall not be obligated to commence work until early payment of all such costs are made. Final reconciliation of actual costs shall be made in accordance with the preceding paragraph. If actual costs are less than the estimated costs, the contractor shall promptly reimburse the Government. 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I 6 TABLE OF CONTENTS SECTION 00100 INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS PARAGRAPH CLAUSE TITLE PAGE 1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (JUN 1988) 00100-1 5 ARITHMETIC DISCREPANCIES WARS 52.214-5000) (MAR 1995) 00100-2 11 PERFORMANCE AND PAYMENT BONDS --COST REIMBURSEMENT CONTRACTS (DFARS 00100-5 14 15 16 17 18 252.204-7001 COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING (DEC 1991) 00100-6 52.214-4 FALSE STATEMENTS IN BIDS (APR 1984) 52.215-5 SOLICITATION DEFINITIONS (JUL 1987) 52:215-7 UNNECESSARILY ELABORATE PROPOSALS OR QUOTATIONS (APR 1984) 52.215-8 AMENDMENTS TO SOLICITATIONS (DEC 1989) DACA56-97-R-0013 i 00100-6 00100-6 00100-6 00100-6 SECTION 00100 INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS 19 52.215-9 SUBMISSION OF OFFERS (JUL 1995) 00100-6 20 52.215-10 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF PROPOSALS (AUG 1996) 00100-6 21 52.215-12 RESTRICTION ON DISCLOSURE AND USE OF DATA (APR 1984) 00100-6 23 52.215-14 EXPLANATION TO PROSPECTIVE OFFERORS (APR 1984) 00100-6 24 52.215-15 FAILURE TO SUBMIT OFFER (JUL 1995) 00100-7 25 52.215-16 I CONTRACT AWARD (OCT 1995)--ALTERNATE I (OCT 1995) 00100-7 26 52.215-38 PREPARATION OF OFFERS --CONSTRUCTION (JAN 1991) 00100-7 27 52.215-41 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR 00100-7 PRICING DATA (OCT 1995) 28 52.216-1 TYPE OF CONTRACT (APR 1984) 00100-7 29 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT 00100-7 OPPORTUNITY (APR 1984) 31 52.232-13 NOTICE OF PROGRESS PAYMENTS (APR 1984) 00100-7 32 52.233-2 SERVICE OF PROTEST (AUG 1996) 00100-8 33 $2.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) 00100-8 DACA56-97-R-0013 ii i SECTION 00100 INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS 1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (JUN 1988) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. (End of provision) At the building specified for bid opening, prospective bidders should lkware there are no public telephones available. 3 HARBOR MAINTENANCE FEE (EAL 88-1) Offerors bidders contemplating use of U. S. ports in the performs of contract work are subject to paying rbor maintenance fee authorized under Section 1402 of t ater Resource Developme ct of 1986 (Public Law 99-66 The fee imposed by the act is al to a percentage (as forth by the Act and amendments t eto) of the value he commercial cargo involved. Firms per ing work and f S. Government contracts are not exempt from act. erors and bidders are responsible for ensuring tha a plicable fee and assoc- ciated cost are taken into conside n in the preparation of their offer or bid.i Information pertaining to t .Act and a t of U. S. ports which subjects the c to the harbor ntenance fee may be obtained from to U. S. Customs Servi 'fices or r by writing to the Di r or, User Fee Task Force, ion of Inspection and Con a Room 4132, U. S. Customs Se 1301 Constituti venue, N.W., Washington, D.C. 20229. 4 Ad9rf INFORMATION REGARDING THE EXECUTION OF A COMPETITI NFORMATION CERTIFICATE (AUG 1989) (AL 89-21) Prospective bidders/offerors are hereby notified that, prior to award, the apparent low bidder or apparently successful offeror e DACA56-97-R-0013 00100-1 Sa ARITHMETIC DISCREPANCIES WARS 52.214-5000) (MAR 1995) (a) For the purpose of initial evaluation of bids, the following will be utilized in resolving arithmetic discrepancies found on the face of the bidding schedule as submitted by bidders: (1) Obviously misplaced decimal points will be corrected; (2) Discrepancy between unit price and extended price, the unit price will govern; (3) Apparent errors in extension of unit prices will be corrected; and (4) Apparent errors in addition of lump -sum and extended prices will be corrected. (b) For the purpose of bid evaluation, the Government will proceed on the assumption that the bidder intends his bid to be evaluated on the basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids. (c) These correction procedures shall not be used to resolve any ambiguity concerning which bid is low. Befo id is considered for award, the bidder may be r by the Governmen bmit a statement regarding his experience in performing compara k, his business a ical organization, financial resources, and pla lab used in performing the work. :7 DACA56-97-R-0013 PERFORMANCE AND PAYMENT BONDS (APR 1984) (FAR 28. 00100-2 S �� " 11 PERFORMANCE AND PAYMENT BONDS --COST REIMBURSEMENT CONTRACTS (DEARS 228.102-1) The requirement for performance and payment bonds is waived for cost -reimbursement contracts. However, for cost type contracts with fixed -price construction subcontracts over $25,000, the prime contractor shall obtain from each of its construction subcontractors: (a) A payment bond in favor of the prime contractor sufficient to pay labor and material coats; and (b) A performance bond in an equal amount if available at no additional cost. (End of clause) ch bidder shall submit with his bid a Bid Bond (Standard Form 2 with d and sufficient surety or sureties acceptable to the Governmen r other security as provided in FAR Clause 52. - 0001, Bid Gua ee, contained elsewhere in this solici on, in the form of twenty (2 ercent of the bid price or thr illion dollars ($3,000,000) ever is lesser. The 'bond penalty may be expressed in terms percentage o e bid price or may be expressed in dollars and ce u 13 AW REFUNDS ON PLANS AND SPECIFICATIONS project is canceled or no award is made under the citation, refund of the payment for the plans and ifications will be made upon written request after receipt DACA56-97-R-0013 00100-5 14 252.204-7001 COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING (DEC 1991) (a) The Offeror is requested to enter its CAGE code on its offer in the block with its name and address. The CAGE code entered must be for that name and address. Enter CAGE before the number. (b) If the Offeror does not have a CAGE code, it may ask the Contracting Officer to request one from the Defense Logistics Services Center (DLSC). The Contracting Officer will-- (1) Ask the Contractor to complete section B of a DO Form 2051, Request for Assignment of a Commercial and Government Entity (CAGE) Code; (2) Complete section A and forward the form to DLSC; and (3) Notify the Contractor of its assigned CAGE code. (c) Do not delay submission of the offer pending receipt of a CAGE code. (End of provision) 15 52.214-4 FALSE STATEMENTS IN BIDS (APR 1984) (Reference 14.201-6(b)) 16 52.215-5 SOLICITATION DEFINITIONS (JUL 1987) (Reference 15.407(c)(1) 17 52.215-7 UNNECESSARILY ELABORATE PROPOSALS OR QUOTATIONS (APR 1984) (Reference 15.407(c)(3) 18 52.215-8 AMENDMENTS TO SOLICITATIONS (DEC 1989) (Reference 15.407(c)(4) 19 52.215-9 SUBMISSION OF OFFERS (JUL 1995) (Reference 15.407(c)(5) 20 52.215-10 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF PROPOSALS (AUG 1996) (Reference 15.407(c)(6) 21 52.215-12 RESTRICTION ON DISCLOSURE AND USE OF DATA (APR 1984) (Reference 15.407(c)(8) 23 52.215-14 EXPLANATION TO PROSPECTIVE OFFERORS (APR 1984) Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective offerors before the DACA56-97-R-0013 00100-6 submission of their offers. Oral explanations or instructions given before the award of the contract will not be binding. Any information given to a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors as an amendment of the solicitation, if that information is necessary in submitting offers or if the lack of it would be prejudicial to any other prospective offerors. (End of provision) (R SF 33A, Para 3, 1978 JAN) 24 52.215-15 FAILURE TO SUBMIT OFFER (JUL 1995) (Reference 15.407(d)(3) 25 52.215-16 I CONTRACT AWARD (OCT 1995)--ALTERNATE I (OCT 1995) (Reference 15.407(d)(4) 26 52.215-38 PREPARATION OF OFFERS --CONSTRUCTION (JAN 1991) (Reference 15.407(k)) 27 52.215-41 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA (OCT 1995) (Reference 15.804-8(h)) 28 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a cost type (no fee) contract resulting from this solicitation. (End of provision) 29 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (APR 1984) (Reference 22.810(b)) 31 52.232-13 NOTICE OF PROGRESS PAYMENTS (APR 1984) The need for customary progress payments conforming to the regulations in Subpart 32.5 of the Federal Acquisition Regulation (FAR) will not be considered as a handicap or adverse factor in the award of the contract. The Progress Payments clause included in this solicitation will be included in any resulting contract, modified or altered if necessary in accordance with subsection 52.232-16 and its Alternate I of the FAR. Even though the clause is included in the contract, the clause shall be inoperative during any time the contractors accounting system and DACA56-97-R-0013 00100-7 i controls are determined by the Government to be inadequate for segregation and accumulation of contract costs. (End of provision) (R 7-2003.64 1974 APR) (R 1-30.504-4(a)) 32 52.233-2 SERVICE OF PROTEST (AUG 1996) (Reference 33.106(a)) 33 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) (Reference 36.523) END OF SECTION 00100 DACA56-97-R-0013 00100-8 TABLE OF CONTENTS SECTION 00600 REPRESENTATIONS & CERTIFICATIONS PARAGRAPH CLAUSE TITLE PAGE 1 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) 00600-1 00600-2 3 52.203-8 I REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY (SEPT 1995)-- 00600-2 ALTERNATE I (SEP 1990) 4 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN 00600-5 FEDERAL TRANSACTIONS (APR 1991) 5 52.204-3 TAXPAYER IDENTIFICATION (MAR 1994) 00600-5 6 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND 00600-6 OTHER RESPONSIBILITY MATTERS (MAR 1996) 7 252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST 00600-6 COUNTRY (SEP 1994) 8 252.209-7002 DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT (SEP 1994) 00600-6 9 52.215-6 TYPE OF BUSINESS ORGANIZATION (JUL 1987) 00600-6 10 52.215-11 AUTHORIZED NEGOTIATORS (APR 1984) 00600-6 12 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 1995) 00600-7 14 52.219-19 SMALL BUSINESS CONCERN REPRESENTATION FOR THE SMALL BUSINESS 00600-1 COMPETITIVENESS DEMONSTRATION PROGRAM (JUL 1991) 15 252.219-7000 SMALL DISADVANTAGED BUSINESS CONCERN REPRESENTATION (DOD CONTRACTS) (APR 00600-7 1994) 16 52.222-21 CERTIFICATION OF NONSEGREGATED FACILITIES (APR 1984) 00600-7 DACA56-97-R-0013 i ' SECTION 00600 REPRESENTATIONS & CERTIFICATIONS 17 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (APR 1984) 00600-7 18 52.223-1 CLEAN AIR AND WATER CERTIFICATION (APR 1984) 00600-7 20 52.223-5 CERTIFICATION REGARDING A DRUG -FREE WORKPLACE (JUL 1995) 00600-7 21 252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 1992) 00600-7 22 252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992) 00600-7 DACA56-97-R-0013 ii SECTION 00600 REPRESENTATIONS & CERTIFICATIONS 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) (a) The offeror certifies that-- (1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered; (2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. (b) Each signature on the offer is considered to be a certification by the signatory that the signatory— (1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above; or (2)(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization); (ii) As an authorized agent, does certify that .the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and (iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above. (c) If the offeror deletes or modifies subparagraph (a)(2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure. (End of provision) DACA56-97-R-0013 00600-1 3 52.203-8 I REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY (SEPT 1995)-- ALTERNATE I (SEP 1990) (a) Definitions. The definitions at FAR 3.104-4 are hereby incorporated in this provision. (b) Certifications. As required in paragraph (c) of this provision, the officer or employee responsible for this offer shall execute the following certification. The certification in paragraph (b).(2) of this provision is not required for a procurement of commercial items. CERTIFICATE OF PROCUREMENT INTEGRITY (1) I, (Name of certifier], am the officer or employee responsible for the preparation of this offer and hereby certify that, to the best of my knowledge and belief, with the exception of any information described in this certificate, I have no information concerning a violation or possible violation of subsection 27(a), (b), (d), or (f) of the Office of Federal Procurement Policy Act, as amended+ (41.U.S.C. 423), (hereinafter referred to as "the Act"), as implemented in the FAR, occurring during the conduct of this procurement (solicitation number). (2) As required by subsection 27(e)(1)(B) of the Act, I further certify that, to the best of my knowledge and belief, each officer, employee, agent, representative, and consultant of [Name of Offeror] who has participated personally and substantially in the preparation or submission of this offer has certified that he or she is familiar with, and will comply with, the requirements of subsection 27(a) of the Act, as implemented in the FAR, and will report immediately to me any information concerning a violation or possible violation of subsections 27(a), (b), (d), or (f) of the Act, as implemented in the FAR, pertaining to this procurement. (3) Violations or possible violations: (Continue on plain bond paper if necessary and label Certificate of Procurement Integrity (Continuation Sheet), ENTER NONE IF NONE EXIST) (4) I agree that, if awarded a contract under this solicitation, the certifications required by subsection 27(e)(1)(B) of the Act shall be DACA56-97-R-0013 00600-2 maintained in accordance with paragraph (f) of this provision. [Signature of the officer or employee responsible for the offer and date] [Typed name of the officer or employee responsible for the offer] + Subsections 27(a), (b), and (d) are effective on December 1, 1990. Subsection 27(f) is effective on June 1, 1991. THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER TITLE 18, UNITED STATES CODE, SECTION 1001. (End of certification) (c) For procurements, including contract modifications, in excess of $100,000 made using procedures other than sealed bidding, the signed certifications shall be submitted by the successful Offeror to the Contracting Officer within the time period specified by the Contracting Officer when requesting the certificates except as provided in subparagraphs (c)(1) through (c)(S) of this clause_ In no event shall the certificate be submitted subsequent to award of a contract or execution of a contract modification: (1) For letter contracts, other unpriced contracts, or unpriced contract modifications, whether or not the unpriced contract or modification contains a maximum or not to exceed price, the signed certifications shall be submitted prior to the award of the letter contract, unpriced contract, or unpriced contract modification, and prior to the definitization of the letter contract or the establishment of the price of the unpriced contract or unpriced contract modification. The second certification shall apply only to the period between award of the letter contract and execution of the document definitizing the letter contract, or award of the unpriced contract or unpriced contract modification and execution of the document establishing the definitive price of such unpriced contract or unpriced contract modification. (2) For basic ordering agreements, prior to the execution of a priced order; prior to the execution of an unpriced order, whether or not the unpriced order contains a maximum or not to exceed price; and, prior to establishing the price of an unpriced order. The second certificate to be submitted for unpriced orders shall apply only to the period between award of the unpriced order and execution of the document establishing the definitive price for such order. DACA56-97-R-0013 00600-3 (3) A certificate is not required for indefinite delivery contracts (see Subpart 16.5) unless the total estimated value of all orders eventually to be placed under the contract is expected to exceed $100,000, (4) For contracts and contract modifications which include options, a certificate is required when the aggregate value of the contract or contract modification and all options (see 3.104-4(e)) exceeds $100,000. (5) For purposes of contracts entered into under section 8(a) of the SBA, the business entity with whom the SBA contracts, and not the SBA, shall be required to comply with the certification requirements of subsection 27(e). The SBA shall obtain the signed certificate from the business entity and forward the certificate to the Contracting Officer prior to the award of a contract to the SBA. (6) Failure of an Offeror to submit the signed certificate within the time prescribed by the Contracting Officer shall cause the offer to be rejected. (d) Pursuant to FAR 3.104-9(d►,, the Offeror may requested to execute additional certifications at the request of the Government. Failure of an Offeror to submit the additional certifications shall cause its offer to be rejected. (e) A certification containing a disclosure of a violation or possible violation will not necessarily result in the withholding of award under this solicitation. However, the Government, after evaluation of the disclosure, may cancel this procurement or take any other appropriate actions in the interests of the Government, such as disqualification of the Offeror. (f) In making the certification in paragraph (2) of the certificate, the officer or employee of the competing Contractor responsible for the offer may rely upon a one-time certification from each individual required to submit a certification to the competing Contractor, supplemented by periodic training. These certifications shall be obtained at the earliest possible date after an individual required to certify begins employment or association with the Contractor. If a Contractor decides to rely on a certification executed prior to the suspension of section 27 (i.e., prior to December 1, 1989), the Contractor shall ensure that an individual who has so certified is notified that section 27 has been reinstated. These certifications shall be maintained by the Contractor for 6 years from the date a certifying employee's employment with the company ends or, for an agent, representative, or consultant, 6 years from the date such individual ceases to act on behalf of the Contractor. (g) Certifications under paragraphs (b) and (d) of this provision are DACA56-97-R-0013 00600-4 material representations of fact upon which reliance will be placed in awarding a contract. (End of provision) 4 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (APR 1991) (Reference 3.808(a)) 5 52.204-3 TAXPAYER IDENTIFICATION (MAR 1994) (a) Definitions. "Common parent," as used in this solicitation provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member. "Corporate status," as used in this solicitation provision, means a designation as to whether the offeror is a corporate entity, an unincorporated entity (e.g., sole proprietorship or partnership), or a corporation providing medical and health care services. "Taxpayer Identification Number (TIN),• as used in this solicitation provision, means the number required by the IRS to be used by the offeror in reporting income tax and other returns. (b) All offerors are required to submit the information required in paragraphs (c) through (e) of this solicitation provision in order to comply with reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M and implementing regulations issued by the Internal Revenue Service (IRS). If the resulting contract is subject to the reporting requirements described in FAR 4.903, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract. (c) Taxpayer Identification Number (TIN). TIN: TIN has been applied for. TIN is not required because: Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the U.S. and does not have an office or place of business or a fiscal paying agent in the U.S.; Offeror is an agency or instrumentality of a foreign government; / Offeror is an agency or instrumentality of a Federal, state, or local government; DACA56-97-R-0013 00600-5 / / Other. State basis. (d) Corporate Status. / / Corporation providing medical and health care services, or engaged in the billing and collecting of payments for such services; Other corporate entity; Not a corporate entity; Sole proprietorship Partnership Hospital or extended care facility described in 26 CFR 501(c)(3) that is exempt from taxation under 26 CFR 501(a). (e) Common Parent. / / Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this clause. / / Name and TIN of common parent: Name TIN (End of provision) 6 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (MAR 1996) (Reference 9.409(a)) 7 252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST COUNTRY (SEP 1994) (Reference 09.104-70) 8 252.209-7002 DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT (SEP 1994) (Reference 09.104-70(b) 9 52.215-6 TYPE OF BUSINESS ORGANIZATION (JUL 1987) (Reference 15.407(c)(2) 10 52.215-11 AUTHORIZED NEGOTIATORS (APR 1984) The offeror or quoter represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this request for proposals or quotations: Name Title Telephone number Mike Murphy Chief'Engineer , (806) 767-2342 (list names, titles, and telephone numbers of the authorized negotiators]. (End of provision) (R 3-501(b) Sec K (iv)) DACA56-97-R-0013 00600-6 12 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 1995) (Reference 19.304(a)) 14 52.219-19 SMALL BUSINESS CONCERN REPRESENTATION FOR THE SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM (JUL 1991) (Reference 19.1007(a)) 15 252.219-7000 SMALL DISADVANTAGED BUSINESS CONCERN REPRESENTATION (DoD CONTRACTS) (APR 1994) (Reference 19.304) 16 52.222-21 CERTIFICATION OF NONSEGREGATED FACILITIES (APR 1984) (Reference 22.810(a)(1) 17 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (APR 1984) (Reference 22.810(a)(2) 18 52.223-1 CLEAN AIR AND WATER CERTIFICATION (APR 1984) (Reference 23.105(a)) 20 52.223-5 CERTIFICATION REGARDING A DRUG -FREE WORKPLACE (JUL 1995) (Reference 23.505(a)) 21 252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 1992) (Reference 25.770-5) 22 252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992) (Reference 47.573(a)) END OF SECTION 00600 DACA56-97-R-0013 00600-7 TABLE OF CONTENTS SECTION 00700 CONTRACT CLAUSES PARAGRAPH CLAUSE TITLE PAGE 1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988) 00700-1 2 52.203-3 GRATUITIES (APR 1984) 00700-1 3 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984) 00700-1 4 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUL 1995) 00700-1 5 52.203-7 ANTI -KICKBACK PROCEDURES (JUL 1995) 00700-1 6 52.203-9 REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY --MODIFICATION 00700-1 (SEPT 1995) 7 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (SEP 1990) 00700-1 8 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JAN 00700-1 1990) 9 52.204-4 PRINTING/COPYING DOUBLE -SIDED ON RECYCLED PAPER (JUN 1996) 00700-1 10 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTOR 00700-1 DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JUL 1995) 11 52.215-1 Reserved. NOW 00700-1 16 52.219-8 UTILIZATION OF SMALL, SMALL DISADVANTAGED AND WOMEN -OWNED SMALL 00700-1 BUSINESS CONCERNS (OCT 1995) DACA56-97-R-0013 i SECTION 00700 CONTRACT CLAUSES 23 52.222-7 WITHHOLDING OF FUNDS (FEB 1988) 00700-2 24 52. PAYROLLS AND BASIC RECORDS (FEB 1988) 00700-2 25 52.222-9 S AND TRAINEES (FEB 1988) 00700-2 26 52.222-10 COMPLIANCE W A MENTS (FEB 19B8) 00730-2 27 52.222-11 SUBCONTRACTS ( D 1998) 00700-2 28 52.222-12 CO INATION--DEBARMENT (FEB 198 .s 00700-2 ` 29 52.222- COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATION 86) 00700-2 30 22-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988) 0700-2 32 52.222-26 EQUAL OPPORTUNITY (APR 1984) 00700-2 33 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APR 1984) 00700-2 34 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS 00700-2 (APR 1984) 35 52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (APR 1984) 00700-2 DACA56-97-R-0013 ii SECTION CC7CC CONTRACT CLAUSES 36 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS AND VETERANS OF "HE 00700-3 VIETNAM ERA (JAN 1988) 37 52.223-2 CLEAN AIR AND WATER (APR 1984) 00700-3 38 52.223-6 DRUG -FREE WORKPLACE (JUL 1990) 00700-3 39 52.225-11 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (OCT 1996) 00700-3 41 52.227-1 AUTHORIZATION AND CONSENT (JUL 1995) 00700-3 42 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT 00700-3 (AUG 1996) 43 52.227-4 PATENT INDEMNITY --CONSTRUCTION CONTRACTS (APR 1984) 00700-3 44 52.228-2 ADDITIONAL BOND SECURITY (JUN 1996) 00700-3 48 52.232-20 LIMITATION OF COST (APR 1984) 00700-3 49 52.232-28 Reserved 00700-3 50 52.232-34 OPTIONAL INFORMATION FOR ELECTRONIC FUNDS TRANSFER PAYMENT (AUG 1996) 00700-3 52 52.233-3 I PROTEST AFTER AWARD (AUG 1996)--ALTERNATE I (JUN 1985) 00700-3 54 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984) 00700-3 DACAS6-97-R-0013 iii No Text SECTION CD700 ' CONTRACT CLAUSES 74 52.249-6 I TERMINATION (COST -REIMBURSEMENT) (SEP 1996)--ALTERNATE I (SEP 1996) 007':-5 76 52.249-14 EXCUSABLE DELAYS (APR 1984) 007:]-5 77 252.203-7000 STATUTORY PROHIBITION ON COMPENSATION TO FORMER DEPARTMENT OF DEFENSE 007::-5 EMPLOYEES (NOV 1995) 78 252.203-7001 SPECIAL PROHIBITION ON EMPLOYMENT (NOV 1995) 007:;-5 80 252,204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) 00-:11-5 84 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (NOV 1995) 00?:0-5 86 252.227-7033 will RIGHTS IN SHOP DRAWINGS (APR 1966) - 007:0-5 87 252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991) 00720-5 88 252.232-7006 REDUCTION OR SUSPENSION OF CONTRACT PAYMENTS UPON FINDING OF FRAUD (AUG 007.0-5 1992) 89 252.233-7000 CERTIFICATION OF CLAIMS AND REQUESTS FOR ADJUSTMENT OR RELIEF (MAY 1994) 00730-5 90 252.236-7000 MODIFICATION PROPOSALS --PRICE BREAKDOWN (DEC 1991) 00720-5 91 252.236-7008 CONTRACT PRICES --BIDDING SCHEDULES (DEC 1991) 00730-5 92 252.242-7000 POSTAWARD CONFERENCE (DEC 1991) 00700-5 i DACA56-97-R-0013 v SECTION 00700 CONTRACT CLAUSES 94 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (NOV 1995) 00700-6 95 252.247-7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (NOV 1995) 00700-6 96 52.202-1 DEFINITIONS (OCT 1995) 00700-6 97 52.215-33 ORDER OF PRECEDENCE (JAN 1986) 00700-8 98 52.216-7 ALLOWABLE COST AND PAYMENT (AUG 1996) 00700-8 99 52.216-11 COST CONTRACT --NO FEE (APR 1984) 00700-11 100 52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990) 00700-12 101 52.225-5 BUY AMERICAN ACT --CONSTRUCTION MATERIALS (MAY 1992) 00700-13 102 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (JAN 1991) 00700-14 103 52.232-17 INTEREST (JUN 1996) 00700-15 104 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986) 00700-15 105 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (MAR 1994) 00700-16 106 52.233-1 DISPUTES (OCT 1995) 00700-24 107 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984) 00700-26 108 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991) 00700-27 110 52.242-15 I STOP -WORK ORDER (AUG 1989)--ALTERNATE I (APR 1984) 00700-28 111 52.243-2 III , CHANGES--COST-REIMBURSEMENT (AUG 1987)--ALTERNATE III (APR 1984) 00700-29 112 252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991) 00700-30 113 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE WARS 52.231-5000) 00700-30 DACA56-97-R-0013 vi a SECTION 00700 CONTRACT CLAUSES 1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. (End of clause) 2 52.203-3 GRATUITIES (APR 1984) (Reference 3.202) 3 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984) (Reference 3.404) 4 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUL 1995) (Reference 3.503-2) 5 52.203-7 ANTI -KICKBACK PROCEDURES (JUL 1995) (Reference 3.502-3) 6 52.203-9 REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY --MODIFICATION (SEPT 1995) (Reference 3.104-10(b)) 7 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (SEP 1990) (Reference 3.104-10(c)) 8 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JAN 1990) (Reference 3.808(b)) 9 52.204-4 PRINTING/COPYING DOUBLE -SIDED ON RECYCLED PAPER (JUN 1996) (Reference 4.304) 10 62.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JUL 1995) (Reference 9.409(b)) 11 52.215-1 Reserved. (Reference 1 16 52.219-8 UTILIZATION OF SMALL, SMALL DISADVANTAGED AND WOMEN -OWNED SMALL BUSINESS CONCERNS (OCT 1995) (Reference 19.708(a)) DACA56-97-R-0013 00700-1 (Reference 22.202) 21 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT --OVERTIME COMPENSATION (JUL 1995) (Reference 22.305) 23 2-7 WITHHOLDING OF FU! FEB 1988) (Reference 22.4 )(2) 24 52.222-8 PAYROLLS AND C RECORDS (FEB 1988) rence 07(a)(3) - 25 52.222-9 AP TRAINEES (FEB 1988) (Refs 07(a) (4) 26 52.222-10 CO CE WI ACT REQUIREMENTS (FEB 1988) rence 22.407(a —27 52.222-11 CONTRACTS (LABOR ST (FEB 1988) (Reference 22.407(a)(6) 28 52.222-12 CONTRACT TERMINATION --DEBARMENT (F (Reference 22.407(a)(7) 29 52. COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REG FEB 1988) (Reference 22.407(a)(8) 30 .222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988) (Reference 22.407(a)(9) 32 52.222-26 EQUAL OPPORTUNITY (APR 1984) (Reference 22.810(e)) 33 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APR 1984) (Reference 22.810(f)) 34 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS (APR 1984) (Reference 22.13081 35 52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (APR 1984) (Reference 22.1408) DACA56-97-R-0013 00700-2 36 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (JAN 1988) (Reference 22.1308(b)) 37 52.223-2 CLEAN AIR AND WATER (APR 1964) (Reference 23.105(b)) 38 52.223-6 DRUG -FREE WORKPLACE (JUL 1990) (Reference 23.505(b)) 39 52.225-11 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (OCT 1996) (Reference 25.702) (Reference 26.104) 41 52.227-1 AUTHORIZATION AND CONSENT (JUL 1995) (Reference 27.201-2(a)) 42 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (AUG 1996) (Reference 27.202-2) 43 52.227-4 PATENT INDEMNITY --CONSTRUCTION CONTRACTS (APR 1984) (Reference 27.203-5) 44 52.228-2 ADDITIONAL BOND SECURITY (JUN 1996) (Reference 28.106-4) 48 52.232-20 LIMITATION OF COST (AVPR 1984) (Reference 32.705-2(a)) 49 52.232-28 Reserved (Reference ) 50 52.232-34 OPTIONAL INFORMATION FOR ELECTRONIC FUNDS TRANSFER PAYMENT (AUG 1996) (Reference 32.1103(b)&) 52 52.233-3 I PROTEST AFTER AWARD (AUG 1996) — ALTERNATE I (JUN 1985) (Reference 33.106(b)) 54 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984) (Reference 36.505) DACA56-97-R-0013 00700-3 2) 65 52.242-13 BANKRUPTCY (JUL 1995) (Reference 42.903) 68 52.244-2 I SUBCONTRACTS (COST -REIMBURSEMENT AND LETTER CONTRACTS) ALTERNATE I (AUG 1996) (Reference 44.204(b)) 69 52.244-5 COMPETITION IN SUBCONTRACTING (JAN 1996) (Reference 44.204(e)) 72 52.248-3 I VALUE ENGINEERING --CONSTRUCTION (MAR 1989)--ALTERNATE I (Reference 48.202) DACA56-97-R-0013 00700-4 (MAR 1996)-- (APR 1984) 74 52.249-6 I TERMINATION (COST -REIMBURSEMENT) (SEP 1996)--ALTERNATE I (SEP 1996) (Reference 49.503(a)(2) 76 52.249-14 EXCUSABLE DELAYS (APR 1984) (Reference 49.505(d)) 77 252.203-7000 STATUTORY PROHIBITION ON COMPENSATION TO FORMER DEPARTMENT OF DEFENSE EMPLOYEES (NOV 1995) (Reference 03.170-4) 78 252.203-7001 SPECIAL PROHIBITION ON EMPLOYMENT (NOV 1995) (Reference 03.570-5) 80 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) (Reference 04.404-70(b) 84 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (NOV 1995) (Reference 25.7002-3(a) 86 252.227-7033 RIGHTS IN SHOP DRAWINGS (APR 1966) (Reference 27.7107-1(c) 87 252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991) (Reference 31.100-70) 88 252.232-7006 REDUCTION OR SUSPENSION OF CONTRACT PAYMENTS UPON FINDING OF FRAUD (AUG 1992). (Reference 32.111-70) 89 252.233-7000 CERTIFICATION OF CLAIMS AND REQUESTS FOR ADJUSTMENT OR RELIEF (MAY 1994) (Reference 33.7001-7) 90 252.236-7000 MODIFICATION PROPOSALS --PRICE BREAKDOWN (DEC 1991) (Reference 36.570(a)) 91 252.236-7008 CONTRACT PRICES --BIDDING SCHEDULES (DEC 1991) (Reference 36.570(b)(6) 92 252.242-7000 POSTAWARD CONFERENCE (DEC 1991) (Reference 42.570) DACA56-97-R-0013 00700-5 94 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (NOV 1995) (Reference 47.573(b)) 95 252.247-7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (NOV 1995) (Reference 47.573(c)) 96 52.202-1 DEFINITIONS (OCT 1995) (a) "Head of the agency" (also called "agency head") or "Secretary" means the Secretary (or Attorney General, Administrator, Governor, Chairperson, or other chief official, as appropriate) of the agency, including any deputy or assistant chief official of the agency; and the term "authorized representative" means any person, persons, or board (other than the Contracting Officer) authorized to act for the head of the agency or Secretary. (b) Commercial component means any component that is a commercial item. (c) Commercial item means-- (1) Any item, other than real property, that is of a type customarily used for nongovernmental purposes and that-- (i) Has been sold, leased, or licensed to the general public; or (ii) Has been offered for sale, lease, or license to the general public; (2) Any item that evolved from an item described in paragraph (c)(1) of this clause through advances in technology or performance and that is not yet available in the commercial marketplace, but will be available in the commercial marketplace in time to satisfy the delivery requirements under a Government solicitation; (3) Any item that would satisfy a criterion expressed in paragraphs (c) (1) or (c) (2) of this clause, but for-- (i) Modifications of a type customarily available in the commercial marketplace; or (ii) Minor modifications of a type not customarily available in the commercial marketplace made to meet Federal Government requirements. "Minor" modifications means modifications that do not significantly alter the nongovernmental function or essential physical characteristics of an item or component, or change the purpose of a process. Factors to be considered in determining whether a modification is minor include the value and size of the modification and the comparative value and size of the final product. Dollar values and percentages may be used as guideposts, but are not conclusive evidence that a modification is minor; DACA56-97-R-0013 00700-6 (4) Any combination of items meeting the requirements of paragraphs (c)(1), (2), (3), or (5) of this clause that are of a type customarily combined and sold in combination to the general public; (5) Installation services, maintenance services, repair services, training services, and other services if such services are procured for support of an item referred to in paragraphs (c)(1), (2), (3), or (4) of this clause, and if the source of such services— (i) Offers such services to the general public and the Federal Government contemporaneously and under similar terms and conditions; and (ii) Offers to use the same work force for providing the Federal Government with such services as the source uses for providing such services to the general public; (6) Services of a type offered and sold competitively in substantial quantities in the commercial marketplace based on established catalog or market prices for specific tasks performed under standard commercial terms and conditions. This does not include services that are sold based on hourly rates without an established catalog or market price for a specific service performed; (7) Any item, combination of items, or service referred to in subparagraphs (c)(1) through (c)(6), notwithstanding the fact that the item, combination of items, or service is transferred between or among separate divisions, subsidiaries, or affiliates of a Contractor; or (8) A nondevelopmental item, if the procuring agency determines the item was developed exclusively at private expense and sold in substantial quantities, on a competitive basis, to multiple State and local Governments. (d) Component means any item supplied to the Federal Government as part of an end item or of another component. (e) Nondevelopmental item means-- (1) Any previously developed item of supply used exclusively for governmental purposes by a Federal agency, a State or local government, or a foreign government with which the United States has a mutual defense cooperation agreement; (2) Any item described in paragraph (e)(1) of this definition that requires only minor modification or modifications of a type customarily available in the commercial marketplace in order to meet the requirements of the procuring department or agency; or (3) Any item of supply being produced that does not meet the requirements of paragraph (e)(1) or (e)(2) solely because the item is not yet in use. DACA56-97-R-0013 00700-7 (f) "Contracting Officer" means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer. (g) Except as otherwise provided in this contract, the term "subcontracts" includes, but is not limited to, purchase orders and changes and modifications to purchase orders under this contract. (End of clause) 97 52.215-33 ORDER OF PRECEDENCE (JAN 1986) Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order: (a) the Schedule (excluding the specifications); (b) representations and other instructions; (c) contract clauses; (d) other documents, exhibits, and attachments; and (e) the specifications. (End of clause) 98 52.216-7 ALLOWABLE COST AND PAYMENT (AUG 1996) (a) Invoicing. The Government shall make payments to the Contractor when requested as work progresses, but (except for small business concerns) not more often than once every 2 weeks, in amounts determined to be allowable by the Contracting Officer in accordance with Subpart 31.2 of the Federal Acquisition Regulation (FAR) in effect on the date of this contract and the terms of this contract. The Contractor may submit to an authorized representative of the Contracting Officer, in such form and reasonable detail as the representative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this contract. (b) Reimbursing costs. (1) For the purpose of reimbursing allowable costs (except as provided in subparagraph (2) below, with respect to pension, deferred profit sharing, and employee stock ownership plan contributions), the term "costs" includes only-- (i) Those recorded costs that, at the time of the request for reimbursement, the Contractor has paid by cash, check, or other form of actual payment for items or services purchased directly for the contract; DACA56-97-R-0013 00700-8 iii) When the Contractor is not delinquent in paying costs of contract performance in the ordinary course of business,costs incurred, but not necessarily paid, for -- (A) Materials issued from the Contractor's inventory and placed :in the production process for use on the contract; (e) Direct labor; (C) Direct travel; (D) Other direct in-house costs; and (E) Properly allocable and allowable indirect costs, as shown in the records maintained by the Contractor for purposes of obtaining reimbursement under Government contracts; and (iii) The amount of progress payments that have been paid to the Contractor's subcontractors under similar cost standards. (2) Contractor contributions to any pension or other postretirement benefit, profit-sharing or employee stock ownership plan funds that are paid quarterly or more often may be included in indirect costs for payment purposes: Provided, That the Contractor pays the contribution to the fund within 30 days after the close of the period covered. Payments made 30 days or more after the close of a period shall not be included until the Contractor actually makes the payment. Accrued costs for such contributions that are paid less often than quarterly shall be excluded from indirect costs for payment purposes until the Contractor actually makes the payment. (3) Notwithstanding the audit and adjustment of invoices or vouchers under paragraph (g) below, allowable indirect costs under this contract shall be obtained by applying indirect cost rates established in accordance with paragraph (d) below. (4) Any statements in specifications or other documents incorporated in this contract by reference designating performance of services or furnishing of materials at the Contractor's expense or at no cost to the Government shall be disregarded for purposes of cost -reimbursement under this clause. (c) Small business concerns. A small business concern may be paid more often than every 2 weeks and may invoice and be paid for recorded costs for items or services purchased directly for the contract, even though the concern has not yet paid for those items or services. (d) Final indirect cost rates. (1) Final annual indirect cost rates and the appropriate bases shall be established in accordance with Subpart 42.7 'Of the Federal Acquisition Regulation (FAR) in effect for the period covered by the indirect cost rate proposal. (2) The Contractor shall, within 90 days after the expiration of each DACA56-97-R-0013 00700-9 of its fiscal years, or by a later date approved by the Contracting Officer, submit to the cognizant Contracting Officer responsible for negotiating its final indirect cost rates and, if required by agency procedures, to the cognizant audit activity proposed final indirect cost rates for that period and supporting cost data specifying the contract and/or subcontract to which the rates apply. The proposed rates shall be based on the Contractor's actual cost experience for that period. The appropriate Government representative and Contractor shall establish the final indirect cost rates as promptly as practical after receipt of the Contractor's proposal. (3) The Contractor and the appropriate Government representative shall execute a written understanding setting forth the final indirect cost rates. The understanding shall specify (i) the agreed -upon final annual indirect cost rates, (ii) the bases to which the rates apply, (iii) the periods for which the rates apply, (iv) any specific indirect cost items treated as direct costs in the settlement, and (v) the affected contract and/or subcontract, identifying any with advance agreements or special terms and the applicable rates. The understanding shall not change any monetary ceiling, contract obligation, or specific cost allowance or disallowance provided for in this contract. The understanding is incorporated into this contract upon execution. (4) Failure by the parties to agree on a final annual indirect cost rate shall be a dispute within the meaning of the Disputes clause. (e) Billing rates. Until final annual indirect cost rates are established for any period, the Government shall reimburse the Contractor at billing rates established by the Contracting Officer or by an authorized representative (the cognizant auditor), subject to adjustment when the final rates are established. These billing rates-- (1) Shall be the anticipated final rates; and (2) May be prospectively or retroactively revised by mutual agreement, at either party's request, to prevent substantial overpayment or underpayment. (f) Quick -closeout procedures. Quick -closeout procedures are applicable when the conditions in FAR 42.708(a) are satisfied. (g) Audit. At any time or times before final payment, the Contracting Officer may have the Contractor's invoices or vouchers and statements of cost audited. Any payment may be (1) reduced by amounts found by the Contracting Officer not to constitute allowable costs or (2) adjusted for prior overpayments or underpayments. (h) Final payment. (1) The Contractor shall submit a completion invoice or voucher, designated as such, promptly upon completion of the work, but DACA56-97-R-0013 00700-10 no later than one year (or longer, as the Contracting Officer may approve in writing) from the completion date. Upon approval of that invoice or voucher, and upon the Contractor's compliance with all terms of this contract, the Government shall promptly pay any balance of allowable costs and that part of the fee (if any) not previously paid. (2) The Contractor shall pay to the Government any refunds, rebates, credits, or other amounts (including interest, if any) accruing to or received by the Contractor or any assignee under this contract, to the extent that those amounts are properly allocable to costs for which the Contractor has been reimbursed by the Government. Reasonable expenses incurred by the Contractor for securing refunds, rebates, credits, or other amounts shall be allowable costs if approved by the Contracting Officer. Before final payment under this contract, the Contractor and each assignee whose assignment is in effect at the time of final payment shall execute and deliver-- (i) An assignment to the Government, in form and substance satisfactory to the Contracting Officer, of refunds, rebates, credits, or other amounts (including interest, if any) properly allocable to costs for which the Contractor has been reimbursed by the Government under this contract; and (ii) A release discharging the Government, its officers, agents, and employees from all liabilities, obligations, and claims arising out of or under this contract, except -- (A) Specified claims stated in exact amounts, or in estimated amounts when the exact amounts are not known; (B) Claims (including reasonable incidental expenses) based upon liabilities of the Contractor to third parties arising out of the performance of this contract; provided, that the claims are not known to the Contractor on the date of the execution of the release, and that the Contractor gives notice of the claims in writing to the Contracting Officer within 6 years following the release date or notice of final payment date, whichever is earlier; and (C) Claims for reimbursement of costs, including reasonable incidental expenses, incurred by the Contractor under the patent clauses of this contract, excluding, however, any expenses arising from the Contractor's indemnification of the Government against patent liability. (End of clause) 99 52.216-11 COST CONTRACT --NO FEE (APR 1984) DACA56-97-R-0013 00700-11 (a) The Government shall not pay the Contractor a fee for performing this contract. (b) After payment of 80 percent of the total estimated cost shown in the Schedule, the Contracting Officer may withhold further payment of allowable cost until a reserve is set aside in an amount that the Contracting Officer considers necessary to protect the Government's interest. This reserve shall not exceed one percent of the total estimated cost shown in the Schedule or $100,000, whichever is less. (End of clause) (R 7-203.4(a) 1978 SEP) (R 7-203.4(c)(4)and(9)) (R 7-402.3(c) (5) (ii), (iii), and (7)) (R 7-1909.4) (R 1-7.402-3(b)) 100 52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990) (a) The use of overtime is authorized under this contract if the overtime premium does not exceed $0 or the overtime premium is paid for work-- (1) Necessary to cope with emergencies such as those resulting from accidents, natural disasters, breakdowns of production equipment, or occasional production bottlenecks of a sporadic nature; (2) By indirect -labor employees such as those performing duties in connection with administration, protection, transportation, maintenance, standby plant protection, operation of utilities, or accounting; (3) To perform tests, industrial processes, laboratory procedures, loading or unloading of transportation conveyances, and operations in flight or afloat that are continuous in nature and cannot reasonably be interrupted or completed otherwise; or (4) That will result in lower overall costs to the Government. (b) Any request for estimated overtime premiums that exceeds the amount specified above shall include all estimated overtime for contract completion and shall-- (1) Identify the work unit; e.g., department or section in which the requested overtime will be used, together with present workload, staffing, and other data of the affected unit sufficient to permit the Contracting Officer to evaluate the necessity for the overtime; (2) Demonstrate the effect that denial of the request will have on the contract delivery or performance schedule; DACA56-97-R-0013 00700-12 (3) Identify the extent to which approval of overtime would affect the performance or payments in connection with other Government contracts, together with identification of each affected contract; and (4) Provide reasons why the required work cannot be performed by using multishift operations or by employing additional personnel. (End of clause) 101 52.225-5 BUY AMERICAN ACT --CONSTRUCTION MATERIALS (MAY 1992) (a) The Buy American Act (41 U.S.C. 10) provides that the Government give preference to domestic construction material. "Components," as used in this clause, means those articles, materials, and supplies incorporated directly into construction materials. "Construction materials," as used in this clause, means an article, material, or supply brought to the construction site for incorporation into the building or work. Construction material also includes an item brought to the site pre -assembled from articles, materials or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, which are discrete systems incorporated into a public building or work and which are produced as a complete system, shall be evaluated as a single and distinct construction material regardless of when or how the individual parts or components of such systems are delivered to the construction site. "Domestic construction material," as used in this clause, means (1) an unmanufactured construction material mined or produced in the United States, or (2) a construction material manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as the construction materials determined to be unavailable pursuant to subparagraph 25.202(a)(3) of the Federal Acquisition Regulation (FAR) shall be treated as domestic. (b) The Contractor agrees that only domestic construction material will be used by the Contractor, subcontractors, materialmen, and suppliers in the performance of this contract, except for foreign construction materials, if any, listed in this contract. (The foregoing requirements are administered in accordance with Executive Order No. 10582, dated December 17, 1954, as amended, and Subpart 25.2 of the FAR). (End of clause) DACA56-97-R-0013 00700-13 102 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (JAN 1991) (a) "Contract date," as used in this clause, means the date set for bid opening or, if this is a negotiated contract or a modification, the effective date of this contract or modification. "All applicable Federal, State, and local taxes and duties," as used in this clause, means all taxes and duties, in effect on the contract date, that the taxing authority is imposing and collecting on the transactions or property covered by this contract. "After -imposed Federal tax," as used in this clause, means any new or increased Federal excise tax or duty, or tax that was exempted or excluded on the contract date but whose exemption was later revoked or reduced during the contract period, on the transactions or property covered by this contract that the Contractor is 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," as used in this clause, means any amount of Federal excise tax or duty, except social security or other employment taxes, that would otherwise have been payable on the transactions or property covered by this contract, but which the Contractor is not required to pay or bear, or for which the Contractor obtains a refund or drawback, as the result of legislative, judicial, or administrative action taking effect after the contract date. (b) The contract price includes all applicable Federal, State, and local taxes and duties. (c) The contract price shall be increased by the amount of any after - imposed Federal tax, provided the Contractor warrants in writing that no amount for such newly imposed Federal excise tax or duty or rate increase was included in the contract price, as a contingency reserve or otherwise. (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 DACA56-97-R-0013 00700-14 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) 103 52.232-17 INTEREST (JUN 1996) (a) Except as otherwise provided in this contract under a Price Reduction for Defective 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 (net of any applicable tax credit under the Internal Revenue Code (26 U.S.C. 1481)) shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 12 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in paragraph (b) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (b) Amounts shall be due at the earliest of the following dates: (1) The date fixed under this contract. (2) The date of the first written demand for payment consistent with this contract, including any demand resulting from a default termination. (3) The date the Government transmits to the Contractor a proposed supplemental agreement to confirm completed negotiations establishing the amount of debt. (4) If this contract provides for revision of prices, the date of written notice to the Contractor stating the amount of refund payable in connection with a pricing proposal or a negotiated pricing agreement not confirmed by contract modification. (c) The interest charge made under this clause may be reduced under the procedures prescribed in 32.614-2 of the Federal Acquisition Regulation in effect on the date of this contract. (End of clause) 104 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986) DACA56-97-R-0013 00700-15 (a) The Contractor, under the Assignment of Claims Act, as amended, 31 U.S.C. 3727, 41 U.S.C. 15 (hereafter referred to as "the 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) 105 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (MAR 1994) Notwithstanding any other payment terms in this contract, the Government will make invoice payments and contract financing payments under the terms and conditions specified in this clause. Payment shall be considered as being made on the day a check is dated or an electronic funds transfer is is made. Definitions of pertinent terms are set forth in 32.902, All days referred to in this clause are calendar days, unless otherwise specified. (a) Invoice Payments. (1) For purposes of this clause, there are several types of invoice payments which may occur under this contract, as follows: (i) Progress payments, if provided for elsewhere in this contract, based on Contracting Officer approval of the estimated amount and value of work or services performed, including payments for reaching milestones in any project: (A) The due date for making such payments shall be 14 days after receipt of the payment request by the designated billing office. However, if the designated billing office fails to annotate the payment request with the actual date of receipt, the payment due date shall be deemed to be the 14th day after the date the Contractor's DACA56-97-R-0013 00700-16 payment request is dated, provided a proper payment request is received and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements. (B) The due date for payment of any amounts retained by the Contracting Officer in accordance with the clause at 52.232-5, Payments Under Fixed -Price Construction Contracts, shall be as specified in the contract or, if not specified, 30 days after approval for release to the Contractor by the Contracting Officer. (ii) Final payments based on completion and acceptance of all work and presentation of release of all claims against the Government arising by virtue of 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 seperately in the contract): (A) The due date for making such payments shall be either the 30th day after receipt by the designated billing office of a proper invoice from the Contractor, or the 30th day after Government acceptance of the work or services completed by the Contractor, whichever is later. However, if the designated billing office fails to annotate the invoice with the date of actual receipt, the invoice payment due date shall be deemed to be the 30th day after the date the Contractor's invoice is dated, provided a proper invoice is received and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements. (B) On a final invoice where the payment amount is subject to contract settlement actions (e.g., release of claims), acceptance shall be deemed to have occurred on the effective date of the contract settlement. (2) An invoice is the Contractor's bill or written request for payment under the contract for work or services performed under the contract. An invoice shall be prepared and submitted to the designated billing office. A proper invoice must include the items listed in subdivisions (a)(2) M through (a)(2)(ix) of this clause. If the, invoice does not comply with these requirements, the Contractor will be notified of the defect within 7 days after receipt of the invoice at the designated billing office. Untimely notification will be taken into account in the computation of any interest penalty owed the Contractor in the manner described in subparagraph (a)(4) of this clause: (i) Name and address of the Contractor. (ii) Invoice date. (iii) Contract number or other authorization for work or services DACA56-97-R-0013 00700-17 performed (including order number and contract line item number) (iv) Description of work or services performed. (v) Delivery and payment terms (e.g., prompt payment discount terms). (vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment). (vii) Name (where practicable), title, phone number, and mailing address of person to be notified in event of a defective invoice. (viii) For payments described in subdivision (a)(1)(1) of this clause, substantiation of the amounts requested and certification in accordance with the requirements of the clause at 52.232-5, Payments Under Fixed -Price Construction Contracts. (ix) Any other information or documentation required by the contract. (3) An interest penalty shall be paid automatically by the designated payment office, without request from the Contractor, if payment is not made by the due date and the conditions listed in subdivisions (a)(3)(1) through (a)(3)(111) of this clause are met, if applicable. (i) A proper invoice was received by the designated billing office. (ii) A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, Contractor compliance with any contract term or condition, or requested progress payment amount. (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) The interest, penalty shall be at the rate established by the Secretary of the Treasury under section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611) that is in effect on the day after the due date, except where the interest penalty is prescribed by other governmental authority. This rate is referred to as the "Renegotiation Board Interest Rate," and it is published in the Federal Register semiannually on or about January I and July 1. The interest penalty shall accrue daily on the invoice payment amount approved by the Government and be compounded in 30-day increments inclusive from the first day after the due date through the payment date. That is, interest accrued at the end of any 30-day period will be added to the approved invoice payment amount and be subject to interest penalties if not paid in the succeeding 30-day period. If the designated billing office failed to notify the Contractor of a defective invoice within the periods prescribed in subparagraph (a)(2) of this clause, then the due date on the corrected invoice will be DACA56-97-R-0013 00700-18 adjusted by subtracting the number of days taken beyond the prescribed notification of defects period. Any interest penalty owed the Contractor will be based on this adjusted due date. Adjustments will be rade by the designated payment office for errors in calculating interest penalties, if requested by the Contractor. (i) For the sole purpose of computing an interest penalty that might be due the Contractor for payments described in subdivision 'a)tl)(ii) of this clause, Government acceptance or approval shall be deemed to have occurred constructively on the 7th day after the Contractor has completed the work or services in accordance with the terms and conditions of the contract. In the event that actual acceptance or approval occurs within the constructive acceptance or approval period, the determination of an interest penalty shall be based on the actual date of acceptance or approval. 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 following periods of time will not be included in the determination of an interest penalty: (A) The period taken to notify the Contractor of defects in invoices submitted to the Government, but this may not exceed 7 days. (B) The period between the defects notice and resubmission of the corrected invoice by the Contractor. (iii) Interest penalties will not continue to accrue after the filing of a claim for such penalties under the clause at 52.233-1, Disputes, or for more than 1 year. Interest penalties of less than $1.00 need not be paid. (iv) Interest penalties are not required on payment delays due to disagreement between the Government and Contractor over the payment amount or other issues involving contract compliance, or on amounts temporarily withheld or retained in accordance with the terms of the contract. Claims involving disputes, and any interest that may be payable, will be resolved in accordance with the clause at 52.233-1, Disputes. (5) An interest penalty shall also be paid automatically by the designated payment office, without request from the Contractor, if a discount for prompt payment is taken improperly. The interest penalty DACA56-97-R-0013 00700-19 will be calculated on the amount of discount taken for the period beginning with the first day after the end of the discount period through the date when the Contractor is paid- (6) If this contract was awarded on or after October 1, 1989, a penalty amount, calculated in accordance with regulations issued by the Office of Management and Budget, shall be paid in addition to the interest penalty amount if the Contractor— (i) Is owed an interest penalty; (ii) Is not paid the interest penalty within 10 days after the date the invoice amount is paid; and (iii) Makes a written demand, not later than 40 days after the date the invoice amount is paid, that the agency pay such a penalty. (b) Contract Financing Payments. (1) For purposes of this clause, if applicable, "contract financing payment" means a Government disbursement of monies to a Contractor under a contract clause or other authorization prior to acceptance of supplies or services by the Government, other than progress payments based on estimates of amount and value of work performed. Contract financing payments include advance payments and interim payments under cost -type contracts. (2) If this contract provides for contract financing, requests for payment shall be submitted to the designated billing office as specified in this contract or as directed by the Contracting Officer. Contract financing payments shall be made on the day after receipt of a proper contract financing request by the designated billing office. In the event that an audit or other review of a specific financing request is required to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the due date specified. For advance payments, loans, or other arrangements that do not involve recurrent submissions of contract financing requests, payment shall be made in accordance with the corresponding contract terms or as directed by the Contracting Officer. Contract financing payments shall not be assessed an interest penalty for payment delays. (c) The Contractor shall include in each subcontract for property or services (including a material supplier) for the purpose of performing this contract the following: (1) A payment clause which 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. DACA56-97-R-0013 00700-20 (2) An interest penalty clause which obligates the Contractor to pay to the subcontractor an interest penalty for each payment not made in accordance with the payment 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 (ii) Computed at the rate of interest established by the Secretary of the Treasury, and published in the Federal Register, for interest payments under section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611) in effect at the time the Contractor accrues the obligation to pay an interest penalty. (3) A clause requiring each subcontractor to include a payment clause and an interest penalty clause conforming to the standards set forth in subparagraphs (c)(1) and (c)(2) of this clause in each of its subcontracts, and to require each of its subcontractors to include such clauses in their subcontracts with each lower -tier subcontractor or supplier. (d) The clauses required by paragraph (c) of this clause shall not be construed to impair the right of Contractor or a subcontractor at any tier to negotiate, and to include in their subcontract, provisions which-- (1) Permit the Contractor or a subcontractor to retain (without cause) a specified percentage of each progress payment otherwise due to a subcontractor for satisfactory 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) Permit the Contractor or subcontractor to make a determination that part or all of the subcontractor's request for payment may be withheld in accordance with the subcontract agreement; and (3) Permit such withholding without incurring any obligation to pay a late payment penalty if-- (i) A notice conforming to the standards of paragraph (g) of this clause has been previously furnished to the subcontractor; and (ii) A copy of any notice issued by a Contractor pursuant to subdivision (d)(3)(i) of this clause has been furnished to the Contracting Officer. (e) 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 DACA56-97-R-0013 00700-21 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) Furnish to the subcontractor a notice conforming to the standards of paragraph (g) of this clause as soon as practicable upon ascertaining the cause giving rise to a withholding, but prior to the due date for subcontractor payment; (2) Furnish to the Contracting Officer, as soon as practicable, a copy of the notice furnished to the subcontractor pursuant to subparagraph (e)(1) of this clause; (3) Reduce the subcontractor's progress payment by an amount not to exceed the amount specified in the notice of withholding furnished under subparagraph (e)(1) of this clause; (4) Pay the subcontractor as soon as practicable after the correction of the identified subcontract performance deficiency, and-- (i) Make such payment within -- (A) Seven days after correction of the identified subcontract . performance deficiency (unless the funds therefor must be recovered from the Government because of a reduction under subdivision (e)(5)(i)) of this clause; or (B) Seven days after the Contractor recovers such funds 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 section 12 of the Contracts Disputes Act of 1978 (41 U.S.C. 611) in effect at the time the Contractor accrues the obligation to pay an interest penalty; (5) Notify the Contracting Officer upon-- (i) Reduction of the amount of any subsequent certified application for payment; or (ii) Payment to the subcontractor of any withheld amounts of a progress payment, specifying -- (A) The amounts withheld under subparagraph (e)(1) of this clause; and (B) The dates that such withholding began and ended; and (6) Be obligated to pay 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 DACA56-97-R-0013 00700-22 corrected; or (ii) The date that any subsequent payment is reduced under subdivision (e)(5)(i) of this clause. (f)(1) If a Contractor, after making payment to a first -tier subcontractor, receives from a supplier or subcontractor of the first -tier subcontractor (hereafter referred to as a "second -tier subcontractor-) a written notice in accordance with section 2 of the Act of August 24, 1935 (40 U.S.C. 270b, Miller Act), asserting a deficiency in such first -tier 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, then the Contractor may, without incurring an obligation to pay an interest penalty under subparagraph (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 subdivision (f)(1)(i) of this clause. (2) 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 pay the amount withheld under subdivision (f)(1)(ii) of this clause to such first -tier subcontractor, or shall incur an obligation to pay a late payment interest penalty to such first -tier subcontractor computed at the rate of interest established by the Secretary of the Treasury, and published in the Federal Register, for interest payments under section 12 of the Contracts Disputes Act of 1978 (41 U.S.C. 611) in effect at the time the Contractor accrues the obligation to pay an interest penalty. (g) A written notice of any withholding shall be issued to a subcontractor (with a copy to the Contracting Officer of any such notice issued by the Contractor), 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) The Contractor may not request payment from the Government of any amount withheld or retained in accordance with paragraph (d) of this clause DACA56-97-R-0013 00700-23 until such time as the Contractor has determined and certified to the Contracting Officer that the subcontractor is entitled to the payment of such amount. (i) A dispute between the Contractor and subcontractor relating to the amount or entitlement of a subcontractor to a payment or a late payment interest penalty under a clause included in the subcontract pursuant to paragraph (c) of this clause does not constitute a dispute to which the United States is a party. The United States may not be interpleaded in any judicial or administrative proceeding involving such a dispute. (j) Except as provided in paragraph (i) of this clause, this clause shall not limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or a subcontractor in 'the event of a dispute involving late payment or nonpayment by the Contractor or deficient subcontract performance or nonperformance by a subcontractor. (k) The Contractors 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 United States for such interest penalty. A cost reimbursement claim may not include any amount for reimbursement of such interest penalty. (End of clause) 106 52.233-1 DISPUTES (OCT 1995) (a) This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). (b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause. (c) "Claim,, as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph (d)(2) of this clause. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is DACA56-97-R-0013 00700-24 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)(1) Contractors shall provide the certification specified in subparagraph (d)(2)(iii) of this clause when submitting any claim -- (A) Exceeding $100,000; or (B) Regardless of the amount claimed, when using-- (1) Arbitration conducted pursuant to 5 U.S.C. 575-580; or (2) Any other alternative means of dispute resolution (ADR) technique that the agency elects to handle in accordance with the Administrative Dispute Resolution Act (ADRA). (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 contract adjustment for which the Contractor believes the Government is liable; and that i am duty authorized to certify the claim on behalf of the Contractor." (3) The certification may be executed by any person duly 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 the Act. (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 ADR. if the Contractor refuses an offer for alternative disputes resolution, the Contractor shall inform the Contracting Officer, in writing, of the Contractor's specific reasons for rejecting the request. When using arbitration conducted pursuant to 5 U.S.C. 575-580, or when using any other ADR technique that the agency elects to handle in accordance with the ADRA, any claim, regardless of amount, shall be accompanied by the certification described DACA56-97-R-0013 00700-25 in subparagraph (d)(2)(iii) of this clause, and executed in accordance with subparagraph (d)(3) of this clause. (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) 48 CFR 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) 107 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 DACA56-97-R-0013 00700-26 ' r r 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. (End of clause) 108 52.236-7 1PERMITS 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) The Contracting Officer may order the Contractor, in to su or interrupt all or any part of the wo is contract for the pe me that the Contracting Offi ines appropriate for the convenien Government. (b) If the performance a of the work is, for an unreasonable period of time, s delayed, or interrupted (1) by an act of the Contracting O the ation of this contract, or (2) by the Contrac cer's failure to n the time specified in this coast within a reasonable time if n ied), an adjus 1 be made for any increase in the cost o ance of Tact (excluding profit) necessarily caused by the unr e spension, delay, or interruption, and the contract modified in wr DACA56-97-R-0013 00700-27 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. (End of clause) 110 52.242-15 I STOP -WORK ORDER (AUG 1989)--ALTERNATE I (APR 1984) (a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. 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 allocrable to the work covered i by the order during the period of work stoppage. Within a period of 90 days after a stop -work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either-- (1) Cancel the stop -work order; or (2) Terminate the work covered by the order as provided in the Termination clause of this contract. (b) If a stop -work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule, the estimated cost, the fee, or a combination thereof, and in any other terms of the contract that may be affected 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 DACA56-97-R-0013 00700-28 of any part of this contract; and (2) The Contractor asserts its right to the 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 the claim submitted 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. (End of clause) ill 52.243-2 III CHANGES--COST-REIMBURSEMENT (AUG 1987)--ALTERNATE III (APR 1984) (a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in the plans and specifications or instructions incorporated in the contract. (b) If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, or otherwise affects any other terms and conditions of this contract, the Contracting Officer shall make an equitable adjustment in the (1) estimated cost, delivery or completion schedule, or both; (2) amount of any fixed fee; and (3) other affected terms and shall modify the contract accordingly. (c) The Contractor must assert its rights to an adjustment under this clause within 30 days from the date of receipt of the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract. (d) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed. (e) Notwithstanding the terms and conditions of paragraphs (a) and (b) above, the estimated cost of this contract and, if this contract is incrementally funded, the funds allotted for the performance of this DACA56-97-R-0013 00700-29 contract, shall not be increased or considered to be increased except by specific written modification of the contract indicating the new contract estimated cost and, if this contract is incrementally funded, the new amount allotted to the contract. Until this modification is made, the Contractor shall not be obligated to continue performance or incur costs beyond the point established in the Limitation of Cost or Limitation of Funds clause of this contract. (End of clause` (R 7-605.2 1967 APR) 112 252.201-7000 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 CCR 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) 113 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE WARS 52.231-5000) (MAR 1995) (a) This clause does not apply to terminations. See 52.249-5000, Basis for Settlement of Proposals, and FAR Part 49. (b) Allowable cost for construction and marine plant 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 Governi ment 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 equip) DACA56-97-R-0013 00700-30 ment shall be based upon the applicable provisions for the applicable prof visions of EP 1110-1-B, "Construction Equipment Ownership and Operating Expense Schedule." Region VI. 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 provision of FAR 31.105(d)(ii) and FAR 31.205-36. Rates for equipment rented from an orgai nization 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 small purchase threshold, the contracting offil cer shall 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. END OF SECTION 00700 DACA56-97-R-0013 00700-31 TABLE OF CONTENTS SECTION 00800 SPECIAL CONTRACT REQUIREMENTS PARAGRAPH CLAUSE TITLE PAGE 1 CONTRACTING OFFICER 00800-1 5 REQUIRED INSURANCE (APR 1984) (FAR 28.307-2) 00800-2 6 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) 00800-3 FAR 52,0211-0010 10 52.236-18 WORK OVERSIGHT IN COST -REIMBURSEMENT -CONSTRUCTION CONTRACTS (APR 1984) 00800-5 11 52.236-19 ORGANIZATION AND DIRECTION OF THE WORK (APR 1984) 00800-5 DACA56-97-R-0013 i SECTION 00800 SPECIAL CONTRACT REQUIREMENTS 1 CONTRACTING OFFICER The Contracting Officer signing this contract is the primary Contracting Officer on this contract. However, any Contracting Officer assigned to the Tulsa District and acting within his authority may take formal action on this contract when a contract action needs to be taken and the primary Contracting Officer,is away from the office. 1. This provision specifies the procedure for determination of time ions for unusually severe weather in accordance with the contra clau tled "Default: (Fixed Price Construction)". In order the Contr fficer to award a time extension under this the following condi ust be satisfied: a. The weather a ed at the project site d e contract period must be be unusually s that is, more severe than the adverse w ntic' for the project location during any given month. b. The unusually severe weathe a cause a delay to the completion of the proj he delay beyond the control and without the f negligence of the ctor. 2. The following s of monthly anticipated ad eather delays is based o nal Oceanic and Atmospheric Adminis n (NOAA) or simi to for the project location and will consti the base 1' r monthly weather time evaluations. The contractor progres edule must reflect these anticipated adverse weather del all weather dependent activities. MONTHLY ANTICIPATED ADVERSE WEATHER DELAY DACA56-97-R-0013 00800-1 applicable to this solicitation 3. cknowledgment of the Notice to Proceed (NTP) cont inuin ughout the contract, the contractor wil ord on the daily ort, the occurrence of adverse er and resultant impact lly scheduled work. A adverse weather delay days mu vent work on Grit' activities for 50 percent or more of the actor's a ed work day. The number of actual adverse er days shall include days impacted by actual adverse (even if adverse weather occurred in previous mo lculated chronologically from the fi the la of each month, and be recorded as full If the numbe ctual adverse weather delay days a the number of days a ated in paragraph 2, abov a contracting officer will c any qualifying de o calendar days, giving full consi 'on for equiv fair weather work days, and issue a modifi in acc a with the contract clause entitled "Default (Fi Pr' nstruction)". To show co CT CLAUSE entitle a," The Contractor should, within ubcontract either by himself or a subcontractor the Contracting Officer a completed 1413. Nothing his clause or any of of this contract shall create any co een any subcontractor and the Government. 5 REQUIRED INSURANCE (APR 1984) (FAR 28.307-2) DACA56-97-R-0013 00800-2 Pursuant to the Contract Clause entitled "Insurance Work on a Government Installation', the Contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance. (a) Workmen's Compensation and Employers' Liability Insurance in compliance with applicable state statutes, with a minimum employers' liability coverage of $100,000. (b) Comprehensive General Liability Insurance for bodily injury in the minimum limits of $500,000 per occurrence. No property damage liability insurance is required. (c) Comprehensive Automobile Liability Insurance covering the operation of all automobiles used in connection with the performance of the contract in the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $25,000 per occurrence for property damage. The Contractor agrees to insert the substance of this clause, including this paragraph, in all subcontracts hereunder. (End of Clause) 6 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) FAR 52.0211-0010 The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than SEE SCOPE OF WORK calendar days. The time stated for completion shall include final cleanup of the premises. to FAR clause 52.232-5, Payments Constru rials de or at locations other than the site o nto consideration in making payment if inc ent estimates ions of the Gener are fulfilled. Payment for items de i an the work site will be limited to: (1) materials required by DACA56-97-R-0013 00800-3 where they are identifiable to an item of work require _ is co S (b) Such payment ade only of of paid or receipted invoices or invoices with c owing title to the items in the prime contractor and incl f material and labor incorporated into the item. In o petroleu a ts, payment for materials delivered of limited to the followin those items meeting the re is of subparagraph (a) above. (a) If the Contractor fails to complete the work within time cified in the contract, or any extension, the ContrV-Ch shall pay to t vernment as liquidated damages, the sum of $0 day of delay. (b he Government terminates the Contractor ght to proceed, the resultin age will consist of liquidated d until such reasonable time as may quired for final completi the work together with any increased cost sioned the Governme completing the work. (c) If the Gove does not to the Contractor's right to proceed, the resultin ge wil ist of liquidated damages until the work is completed or acc of clause) 9 52.211-13 TII ENSIONS (APR 4.i-nn y other provisions of th tract, it is mutually unthe time extensions for changes a work will depend upif any, by which the changes cause in the completionoflements of construction. The change o ranting thetiy provide that the contract completion 11 be r those specific elements so delayed and tha remaining ntract completion dates for all other portions of the work wi t be altered and may further provide for an equitable readjustment of 1 ted damages under the new completion schedule. DACA56-97-R-0013 00800-4 10 52.236-18 WORK OVERSIGHT IN COST -REIMBURSEMENT -CONSTRUCTION CONTRACTS (APR 1984) (Reference 36.518) 11 52.236-19 ORGANIZATION AND DIRECTION OF THE WORK (APR 1984) (Reference 36.519)