CONTRACT CLAUSES AND SOLICITATION PROVISIONS (b) Government-Prepared Network Analysis System. GOVERNMENT-PREPARED NETWORK ANALYSIS SYSTEM (1968 APR) The progress chart prepared by the Contractor pursuant to the General Provision entitled "Progress Charts and Requirements for Overtime Work" will include the following: days after (a) The Contractor shall submit to the Contracting Officer a chart showing the initial progress schedule covering the first sixty (60) days of his construction operations within receipt by him of the Notice to Proceed. (b) The Contractor shall submit a chart showing the construction progress schedule in accordance with the General Provision entitled “Progress Charts and Requirements for Overtime Work" for the entire work under this contract within days after receipt of the Notice to Proceed. (c) In addition to the above information the Contractor will also provide information for the Government to prepare and maintain a surveillance system and verify progress payments using the network analysis system of scheduling as described in Appendix I of the Corps of Engineers Regulation, ER 1-1-11, entitled "Network Analysis System,” single copies of which are available to bona fide bidders upon request. In preparing this data the scheduling is the responsibility of the Contractor. The requirement is included to assure adequate planning and execution of the work and to assist the Contracting Officer in appraising the reasonableness of the proposed schedule and evaluating the progress of the work. The data shall include, but not be limited to: (1) A description of the Contractor's detailed construction plan of the project including the cost or weighted value, the order and interdependence, and the estimated duration of the activities which make up the project. Data shall be in sufficient detail to permit preparation of the network and schedule analysis by the Government. (2) Revisions and updating of the data on scheduling with reasons for the revisions, as required by the Contracting Officer, shall be furnished by the Contractor in a timely and progressive manner to assist the Government in keeping the network and schedule analysis in a current working status. (d) Pursuant to the General Provision entitled "Payments to Contractor," progress payments will be made on the basis of weighted value or cost assigned to each activity or group of activities as related to the total contract cost of the activity. (End of clause) 7-605 Required Clauses for Cost-Reimbursement Type Construction Contracts. The following clauses shall be inserted in all cost-reimbursement type construction contracts: 7-605.1 Statement of Work. STATEMENT OF WORK (1965 JAN) The Contractor shall furnish all labor, materials, equipment, and services (except those furnished by the Government) for the construction of (insert a brief description of the project) in accordance with the drawings and specifications or instructions attached hereto as Appendix "A" and made a part hereof, or to be furnished hereafter by the Contracting Officer and subject in every detail to his supervision, direction and instructions. (End of clause) 7-605.2 Changes. Insert the clause in 7-203.2 with the following changes in wording: Delete subparagraph (a) and substitute "The Contracting Officer may at any time, by a 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 herein." Delete the words "delivery schedule” from subparagraph (b)(i) and substitute the words “completion time." 7-605.2 ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS 7-605.3 Estimated Cost, Performance Period. ESTIMATED COST, PERFORMANCE PERIOD (1965 JAN) It is estimated that the construction cost of work required under this contract will be Dollars, (.......................), exclusive of the Contractor's fee, and that the work herein contracted for will be ready for utilization by the Government on or before 19.......... It is expressly understood, however, that neither the Government nor the Contractor guarantees the correctness of either of these estimates. (End of clause) 7-605.4 Limitation of Cost. Insert the clause in 7-203.3(a) or (b) with the following changes in wording: Delete the words "the schedule" wherever they appear and substitute the words "this contract". 7-605.5 Allowable Cost, Fixed Fee, and Payment. Insert the clause in 7-203.4(a) with the following changes: (a) Delete paragraph (a) and substitute the following: (a) For the performance of this contract, the Government shall pay to the Contractor: (i) The cost thereof (hereinafter referred to as "allowable cost") determined by the Contracting Officer to be allowable in accordance with— (A) Section XV, Part 4, of the Armed Services Procurement Regulation as in effect (b) Delete paragraph (c) and substitute the following: ..). (c) Promptly after receipt of each invoice or voucher and statement of cost, the Government shall, except as otherwise provided in this contract, subject to the provisions of (d) below, make payment thereon as approved by the Contracting Officer. Payment of the fixed fee, if any, shall be made to the Contractor in installments based upon the percentage of completion of the work as determined from estimates submitted to and approved by the Contracting Officer; provided, however, that after payment of eighty-five percent (85%) of the fixed fee set forth in (a) above, the Contracting Officer may withhold further payment of fee until a reserve shall have been set aside in an amount which he considers necessary to protect the interests of the Government, but such reserve shall not exceed fifteen percent (15%) of the total fixed fee or one hundred thousand dollars ($100,000), whichever is less. (1970 SEP) (c) The additional instructions for use of the clause as set forth in 7-203.4(c)(1), (2), (6) and (7) apply. 7-605.6 Insurance. INSURANCE (1965 JAN) (a) The Contractor shall procure and thereafter maintain such bonds and insurance in such forms and such amounts and for such periods of time as the Contracting Officer may require in writing and shall be reimbursed for the cost thereof. (b) In every instance where this contract requires the United States to reimburse the Contractor for the payment of the premium on a bond or insurance policy, the bond or insurance policy shall contain an endorsement or other recital excluding by appropriate language any claim on the part of the insurer or obligor to be subrogated, on payment of a loss or otherwise, to any claim against the United States. (c) The Contractor shall give the Contracting Officer or his representative immediate notice in writing of any suit or action filed against the Contractor arising out of the performance of this contract and of any claim against the Contractor the cost and expense of which are reimbursable 7-605.6 ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS under the provisions of the Clause entitled “Allowable Cost, Fixed Fee and Payment” hereof, and the risk of which is then uninsured or in which the amount claimed exceeds the amount of insurance coverage. The Contractor shall furnish immediately to the Contracting Officer copies of all pertinent papers received by the Contractor. Insofar as the following shall not conflict with any policy or contract of insurance, and upon request of the Contracting Officer, the Contractor shall do any and all things to effect an assignment and subrogation in favor of the Government, of all Contractor's rights and claims except against the Government, arising from or growing out of such asserted claims, and if required by the Contracting Officer, shall authorize representatives of the Government to settle and/or defend any such claim and to represent or take charge of any such litigation affecting the Contractor. 7-605.7 Direction of Work. DIRECTION OF WORK (1965 JAN) (End of clause) During the performance of this contract, the work shall be under the full-time resident direction of the Contractor, if an individual; of one or more principal partners if the Contractor is a partnership; or in case the Contractor is a corporation, association, or similar legal entity, one or more senior officers thereof; provided, however, that the Contractor, whether an individual, a partnership, a corporation, or other legal entity, may be represented in the direction of the work by some person of a class other than those specified above, if the Contracting Officer gives his approval. In any event, the Contractor shall not be entitled to be reimbursed for any salary, wages or like compensation paid for such direction of the work, whether performed by an individual, a partner, a corporate officer or other representative. 7-605.8 Discounts. (End of clause) DISCOUNTS (1965 JAN) The Contractor shall, to the extent of his ability, take all cash and trade discounts, rebates, allowances, credits, salvage, commissions, and bonifications, and when unable to take advantage of such benefits he shall promptly notify the Contracting Officer of the reason therefor. In determining the actual net cost of articles and materials of every kind required for the purpose of this contract, there shall be deducted from the gross cost thereof all cash and trade discounts, rebates, allowances, credits, commissions, and bonifications which have accrued to the benefit of the Contractor or would have so accrued but for the fault or neglect of the Contractor. Such benefits lost through no fault or neglect on the part of the Contractor, or lost through fault of the Government, shall not be deducted from gross costs. 7-605.9 Direct Payments. (End of clause) DIRECT PAYMENTS (1965 JAN) (a) To Suppliers, Laborers, and Mechanics. If bills for purchase of material, machinery or equipment, or payrolls covering employment of laborers or mechanics incurred by the Contractor or by any subcontractor hereunder are not paid promptly by the Contractor or subcontractor, as the case may be, the Contracting Officer may, in his discretion, withhold from payments otherwise due the Contractor an amount equivalent to the amount of any such bill or payroll. Should the Contractor neglect or refuse to pay such bills or payrolls or to direct any subcontractor to pay such bills or payrolls within five (5) days after notice from the Contracting Officer so to do, the Government shall have the right to pay such bills or payrolls directly, and in such event a deduction equal to five per cent (5%) of the amount so paid directly shall be made from the Contractor's fee. 7-605.9 ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS (b) To Common Carriers. The Government reserves the right to pay directly to common carriers any or all freight charges on construction plant, materials and supplies. (End of clause) 7-605.10 Approved Construction Plant. APPROVED CONSTRUCTION PLANT (1965 JAN) Upon approval of the Contracting Officer, construction plant furnished by the Contractor will be shown in the attached Appendix “B” or modification thereto. (End of clause) 7-605.11 Audit by Department of Defense. In accordance with 7-104.41(a), insert the clause therein. 7-605.12 Price Reduction for Defective Cost or Pricing Data. In accordance with 7-104.29(a), insert the clause therein. 7-605.13 Subcontractor Cost and Pricing Data. In accordance with 7-104.42(a), insert the clause therein. 7-605.14 Government Property. Insert the clause in 7-203.21. 7-605.15 Examination of Records by Comptroller General. In accordance with 7-104.15, insert the clause therein. 7-605.16 Contracting Officer's Decisions. CONTRACTING OFFICER'S DECISIONS (1965 JAN) The extent and character of the work to be done by the Contractor shall be subject to the general supervision, direction, control, and approval of the Contracting Officer. (End of clause) 7-605.17 Disputes. In accordance with 7-602.6, insert the clauses therein. 7-605.18 Labor. In accordance with 18-703, insert the clause in 7-602.23. 7-605.19 Equal Opportunity. In accordance with 12-804, insert the appropriate clause in 7-103.18. 7-605.20 Notice to the Government of Labor Disputes. In accordance with 7-104.4, insert the clause therein. 7-605.21 Special Requirements. SPECIAL REQUIREMENTS (1965 JAN) The Contractor hereby agrees that he will: (a) Be responsible for obtaining any necessary licenses and permits, and complying with any applicable Federal, State and municipal laws, codes, and regulations in connection with the prosecution of the work. (b) Reduce to writing, unless this provision is waived in writing by the Contracting Officer, every contract in excess of Two Thousand Dollars ($2,000) made by him for the purpose of the work hereunder for services, materials, supplies, machinery, equipment, or for the use thereof, insert therein a provision that such contract is assignable to the Government, make all such contracts in his own name, and not bind or purport to bind the Government or the Contracting Officer thereunder. (c) Furnish sufficient technical, supervisory and administrative personnel to insure the prosecution of the work in accordance with the progress schedule approved by the Contracting Officer. (d) Cause all work under this contract to be performed in a skillful and workmanlike manner. The Contracting Officer may, in writing, require the Contractor to remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable. (End of clause) 7-605.21 ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS 7-605.22 Composition of Contractor. In accordance with 7-602.32, insert the clause therein. 7-605.23 Subcontracts. In accordance with 23-201.2, insert the clause in 7-203.8. 7-605.24 Accident Prevention. In accordance with 7-602.42, insert the clause therein. 7-605.25 Contractor's Organization and Methods. CONTRACTOR'S ORGANIZATION AND METHODS (1965 JAN) Upon the execution of this contract, the Contractor shall submit to the Contracting Officer a chart showing in general the executive and administrative organization, duties, and personnel to be employed in connection with the work under the contract; and the data so furnished shall be supplemented as additional information becomes available. (End of clause) 7-605.26 Termination. In accordance with 8-702(a), insert the following clause. TERMINATION-CONSTRUCTION (1974 APR) (a) The performance of work under the contract may be terminated by the Government in accordance with this clause in whole, or from time to time in part: (i) whenever the Contractor shall default in performance of this contract in accordance with its terms (including in the term "default" any such failure by the Contractor to make progress in the prosecution of the work hereunder as endangers such performance), and shall fail to cure such default within a period of ten days (or such longer periods as the Contracting Officer may allow) after receipt from the Contracting Officer of a notice specifying the default; or (ii) whenever for any reason the Contracting Officer shall determine that such termination is in the best interest of the Government. Any such termination shall be effected by delivery to the Contractor of a Notice of Termination specifying whether termination is for the default of the Contractor or for the convenience of the Government, the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective. If, after notice of termination of this contract for default under (i) above, it is determined for any reason that the Contractor was not in default pursuant to (i), or that the Contractor's failure to perform or to make progress in performance is due to causes beyond the control and without the fault or negligence of the Contractor pursuant to the provisions of the clause of this contract relating to excusable delays, the Notice of Termination shall be deemed to have been issued under (ii) above, and the rights and obligations of the parties hereto shall in such event be governed accordingly. (b) After receipt of a Notice of Termination and except as otherwise directed by the Contracting Officer, the Contractor shall: (i) stop work under the contract on the date and to the extent specified in the Notice of Termination; (ii) place no further orders or subcontracts for materials, services, or facilities, except as may be necessary for completion of such portion of the work under the contract as is not terminated; (iii) terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination; (iv) assign to the Government, in the manner and to the extent directed by the Contracting Officer, all of the right, title, and interest of the Contractor under the orders or subcontracts so terminated, in which case the Government shall have the right, in its 7-605.26 ARMED SERVICES PROCUREMENT REGULATION |