§ 7.603-25 Physical data.

(a) All the information concerning local conditions pertaining to the performance of the contract work, which has been made available to the Contractor should be referenced into the contract by completing the clause set forth in paragraph (b) of this section. Wherever test borings, analyses, or hydrographic data are to be made available to the Contractor, the wording of this special clause should be such as only to inform the Contractor as to the source of the data and where it may be examined.

(b) Contract clause:

PHYSICAL DATA (JANUARY 1965)

Information and data furnished or referred to below are furnished for the Contractor's information. However, it is expressly understood that the Government will not be responsible for any interpretation or conclusion drawn therefrom by the Contractor.

(a) The physical conditions indicated on the drawings and in the specifications are the result of site investigations by (insert investigational methods used, such as surveys, auger borings, core borings, test pits, probings, test tunnels, etc.)

(b) Weather Conditions. (Insert summary of weather records and warnings.)

(c) Transportation facilities. (Insert the summary of transportation facilities accessible to project, availability, and limitations.) (d) (Insert other pertinent information.)

§ 7.603-26 Disputes concerning labor standards.

Insert the following clause in all contracts subject to the Davis-Bacon Act.

DISPUTES CONCERNING LABOR STANDARDS
(JANUARY 1965)

Disputes arising out of the labor standards provisions of this contract shall be subject to the Disputes clause except to the extent such disputes involve the meaning of classifications or wage rates contained in the wage determination decision of the Secretary of Labor or the applicability of the labor provisions of the contract which questions shall be referred to the Secretary of Labor in accordance with the procedures of the Department of Labor.

work to accommodate actual conditions encountered:

VARIATIONS IN ESTIMATED QUANTITIES
(JANUARY 1965)

Where the quantity of a pay item in this contract is an estimated quantity and where the actual quantity of such pay item varies more than fifteen (15%) percent above or below the estimated quantity stated in this contract, as it may hereafter be modified, an equitable adjustment in the contract unit price shall be made upon demand of either party. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contracting Officer shall, upon receipt of a written request for an extension of time within ten (10) days from the beginning of such delay, or within such further period of time which may be granted by the Contracting Officer prior to the date of final settlement of the contract, ascertain the facts and make such adjustment for extending the completion date as in his judgment the findings justify. If the parties fail to agree upon an equitable adjustment in the contract price or time the dispute shall be determined as provided in the clause of this contract entitled "Disputes".

§ 7.603-28

Identification

of Government furnished property.

Insert the following clause when required. The point at which the Government-furnished property will be delivered to the Contractor should be specifically stated as a part of the information furnished under the special clause on physical data (see § 7.603-25). Special provisions may be required in addition to the clause herein to cover Government or another Contractor's installation, preparation for operation, or testing of equipment.

IDENTIFICATION OF GOVERNMENT FURNISHED PROPERTY (JANUARY 1965)

The Government will furnish to the Contractor the following property to be incorporated or installed in the work or used in its performance. Such property will be furnished f.o.b. railroad cars at the place specified in paragraph ------, or f.o.b. truck at the project site and the Contractor will be required to accept delivery when made, paying any demurrage incurred, and unloading and transporting the property to the job site at his own expense. All such property will be installed or incorporated into the work at the expense of the Contractor, unless otherwise indicated herein. The Contractor shall verify the quantity and condition of such Government-furnished property when delivered to him, acknowledge receipt thereof in writing to the Contracting Officer,

Insert the following clause in contracts which involve Government-furnished property which is to be salvaged and reused:

SALVAGE MATERIALS AND EQUIPMENT (JANUARY 1965)

The Contractor shall maintain adequate property control records for all materials or equipment specified to be salvaged. These records may be in accordance with the Contractor's system of property control, if approved by the property administrator. The Contractor shall be responsible for the adequate storage and protection of all salvaged materials and equipment and shall replace, at no cost to the Government, all salvage materials and equipment which are broken or damaged during salvage operations as the result of his negligence, or while in his care. § 7.603-30 Availability and use of utility services.

Insert the following clause in contracts for performance at Government installations when it is determined that Government-owned and operated utility systems and supplies are adequate for the needs of and use of the Contractor as well as the Government.

AVAILABILITY OF UTILITY SERVICES (JANUARY 1965)

It has been determined by the Contracting Officer that Government-owned and operated utility systems and supplies are adequate for the needs and use of the Contractor as well as the Government. All reasonably required amounts of water, gas, electricity, etc., will be made available to the Contractor by the Government from existing system outlets and supplies. The Contractor shall, at his own expense, make all temporary connections and install distribution lines and meters, as required, to determine the amount of water, gas or electricity used by him and such utilities will be paid for by or charged to the Contractor at prevailing rates charged to the Government or, in the event the water, gas or electricity is produced by the Government at reasonable rates as determined by the Contracting Officer. All temporary lines will be furnished, installed, connected, and maintained by the Contractor in a workmanlike manner satisfactory to the Contracting Offcer and shall be removed by the Contractor

in like manner at his expense prior to final acceptance of the construction.

§ 7.603-31 Layout of work.

Insert the following clause in construction contracts on a lump sum basis except in contracts for (a) airfield pavement construction, (b) dredging, and (c) unit price contracts in which the payment quantity is to be established by field surveys.

LAYOUT OF WORK (JANUARY 1965)

The Contractor shall lay out his work from Government established base lines and bench marks indicated on the drawings and shall be responsible for all measurements in connection therewith. The Contractor shall furnish, at his own expense, all stakes, templates, platforms, equipment, tools, and materials and labor as may be required in laying out any part of the work from the base lines and bench marks established by the Government. The Contractor will be held responsible for the execution of the work to such lines and grades as may be established or indicated by the Contracting Officer. It shall be the responsibility of the Contractor to maintain and preserve all stakes and other marks established by the Contracting Officer until authorized to remove them. If such marks are destroyed, by the Contractor or through his negligence, prior to their authorized removal, they may be replaced by the Contracting Officer at his discretion. The expense of replacement will be deducted from any amounts due or to become due the Contractor.

§ 7.603-32 Misplaced material.

Insert the following clause in all contracts involving work near or on navigable waterways.

MISPLACED MATERIAL (JANUARY 1965)

Should the Contractor, during the progress of the work, lose, dump, throw overboard, sink, or misplace any material, plant, machinery, or appliance, which in the opinion of the Contracting Officer may be dangerous to or obstruct navigation, the Contractor shall recover and remove the same with the utmost dispatch. The Contractor shall give immediate notice, with description and location of such obstructions, to the Contracting Officer or inspector, and when required shall mark or buoy such obstructions until the same are removed. Should he refuse, neglect, or delay compliance with the above requirements, such obstructions may be removed by the Contracting Officer, and the cost of such removal may be deducted from any money due or to become due the Contractor, or may be recovered under his bond. The liability of the Contractor for the removal of a vessel wrecked or sunk without fault or negligence shall be limited to that provided in Sections

15, 19, and 20 of the River and Harbor Act of March 3, 1899. (33 U.S.C. 410 et seq.) Signal lights.

§ 7.603-33 Insert the following clause in all contracts requiring the use of marine equipment.

SIGNAL LIGHTS (JANUARY 1965)

The Contractor shall display signal lights and conduct his operations in accordance with the General Regulations of the Department of the Army and of the Coast Guard governing lights and day signals to be displayed by towing vessels with tows on which no signals can be displayed, vessels working on wrecks, dredges, and vessels engaged in laying cables or pipe or in submarine or bank protection operations, lights to be displayed on dredge pipe lines, and day signals to be displayed by vessels of more than 65 feet in length moored or anchored in a fairway or channel, and the passing by other vessels of floating plant working in navigable channels, as approved by the Secretary of the Army (33 CFR 201.1-201.16) and the Commandant, U.S. Coast Guard (33 CFR 80.18-80.31a and 33 CFR 95.51-95.70).

§ 7.603-34 Identification of employees. A clause substantially as follows shall be inserted in all construction contracts where identification is required for security or other reasons:

IDENTIFICATION OF EMPLOYEES (JANUARY 1965)

The Contractor shall be responsible for furnishing to each employee and for requiring each employee engaged on the work to display such identification as may be approved and directed by the Contracting Officer. All prescribed identification shall immediately be delivered to the Contracting Officer, for cancellation upon the release of any employee. When required by the Contracting Officer the Contractor shall obtain and submit fingerprints of all persons employed or to be employed on the project. § 7.603-35 Superintendence

contractors.

of sub

Insert the clause set forth below in contracts for work of a highly technical and complicated nature requiring extraordinary control by the Contractor of the several parts of the work, or in contracts covering work spread over several places on the site of work.

SUPERINTENDENCE OF SUBCONTRACTORS
(JANUARY 1965)

(a) The Contractor shall be required to furnish the following, in addition to the superintendence required by the General Provision entitled "Superintendence by Contractor":

(1) If more than 50 percent and less than 70 percent of the value of the contract work is subcontracted, one superintendent shall be provided at the site and on the Contractor's payroll to be responsible for coordinating, directing, inspecting and expediting the subcontract work.

(11) If 70 percent or more of the value of the work is subcontracted, the Contractor shall be required to furnish two such superintendents to be responsible for coordinating, directing, inspecting and expediting the subcontract work.

(b) If the Contracting Officer, at any time after 50 percent of the subcontracted work has been completed, finds that satisfactory progress is being made, he may waive all or part of the above requirement for additional superintendence subject to the right of the Contracting Officer to reinstate such requirement if at any time during the progress of the remaining work he finds that satisfactory progress is not being made.

§ 7.603-36 Time extensions for delays to elements of the work.

The following clause shall be inserted in contracts in which there are separate completion dates for various items of work and liquidated damages are provided for:

TIME EXTENSIONS (JANUARY 1965) Notwithstanding any other provisions of this contract it is mutually understood that the time extensions for changes in the work will depend upon the extent, if any, by which the changes cause delay in the completion of The the various elements of construction. change order granting the time extension may provide that the contract completion date will be extended only for those specific elements so delayed and that the remaining contract completion dates for all other portions of the work will not be altered and may further provide for an equitable readjustment of liquidated damages pursuant to the new completion schedule. § 7.603-37

Payment for mobilization and preparatory work.

Insert one of the appropriate following clauses in contracts containing a separate bid item for mobilization and preparatory work with the approval of the head of the procuring activity.

(a) In major construction contracts requiring major or special items of plant and equipment or large stock piles of material which are considered to be in excess of the type, kind and quantity presumed to be normal equipment of a Contractor qualified to undertake the work, insert the following clause.

(a) Payments will be made under this contract on the actual expenditures made by the Contractor for mobilization and preparatory work under payment Item No. as follows: The Contractor may submit to the Contracting Officer certified accounts of the actual payments made by him for construction plant exceeding $10,000 in value per unit, as appraised by the Contracting Officer at the site of the work, acquired for the execution of the work; for the transportation of all plant and equipment to the site; for material purchased for the prosecution of the contract, but not to be incorporated in the work; for construction of camps, access roads or railroads, trailer courts, mess halls, dormitories or living quarters, field headquarters facilities and construction yards, and for personal services and hire of plant on work preparatory to commencing actual work on the construction items for which payment is provided under the terms of the contract. Accounts so submitted must be accompanied by certificate of the Contractor, supported by receipted bills or certified copies of payrolls and freight bills, showing that he has acquired said construction plant and material free from all encumbrances and agreement that it will not be removed from the site and that structures and facilities prepared or erected for the prosecution of the contract work will be maintained and not dismantled prior to the completion and acceptance of the entire work without the written permission of the Contracting Officer. If the Contracting Officer finds that said construction plant, material, equipment and the mobilization and preparatory work performed are suitable and necessary to the efficient prosecution of the contract and that the said preparatory work has been done with proper economy and efficiency, payment, less the prescribed retained percentage, will be made therefor to the Contractor. Payment for construction plant, material and structures and facilities prepared or erected for prosecution of the contract work shall not exceed the cost thereof to the Contractor less the estimated value upon the completion of the contract as determined by the Contracting Officer. In no event shall such payment exceed 100 percent of the cost to the Contractor of any such items which have no appreciable salvage value and 75 percent of the cost to the Contractor of such items which have an appreciable salvage value. No payment will be made in reimbursement of the premium paid on the performance bond or payment bond. The findings of the Contracting Officer as to the suitability and value of the construction plant, equipment, materials, structures or facilities shall not be subject to appeal. (b) Payments for mobilization and preparatory work will be made in accordance

with (a) above, and such payments will be deducted from the contract price for Item No. "Mobilization and Preparatory Work" until the total amount thus charged to this item reduces this item to zero, after which no further payments will be made under this item. If the total of such payments made does not reduce this item to zero, the balance will be paid to the Contractor in the final payment under the contract. The retained percentage will be paid in accordance with the clause of this contract entitled "Payments to Contractor".

(b) (1) In contracts involving major mobilization expense of plant, equipment and materials other than such as are covered in paragraph (a) of this section, which is occasioned by the location or nature of the work; such as mobilization at an offshore location or towing a dredge to a remote location, insert the following clause: MOBILIZATION AND DEMOBILIZATION, PAYMENT ITEM NO. (JANUARY 1965)

------

(a) All costs connected with the mobilization and demobilization of all of the contractor's dredging plant and equipment will be paid for at the contract lump sum price for this item. percent (----- percent) of the lump sum price will be paid to the Contractor upon completion of his mobilization at the work site. The remaining (percent) will be included in the final payment for work under this contract.

(b) In the event the Contracting Officer considers that the amount in this item (------ percent), which represents mobilization, does not bear a reasonable relation to the cost of the work in this contract, the Contracting Officer may require the Contractor to produce cost data to justify this portion of the bid. Failure to justify such price to the satisfaction of the Contracting Officer will result in payment of actual mobilization costs, as determined by the Contracting Officer at the completion of mobilization, and payment of the remainder of this item in the final payment under this contract. The determination of the Contracting Officer is not subject to appeal.

(2) The percentage of the lump sum price, for mobilization and demobilization in paragraph (a) of the above clause, attributed to mobilization should generally be sixty percent (60%) and the remaining forty percent (40%) considered to be the cost of demobilization. These percentages may be varied to reflect the situation contemplated under the particular contract, but in no event should mobilization exceed eighty percent (80%) of the payment item.

§ 7.603-38

Exclusion of periods in computing completion schedules. Insert the following clause in contracts which provide that no work will be required between certain dates: EXCLUSION OF PERIODS IN COMPUTING COMPLETION SCHEDULES (JANUARY 1965)

No work will be required during the period between and inclusive and such period has not been considered in computing the time allowed for completion. The Contractor may, however, perform work during all or any part of this period upon giving prior written notice to the Contracting Officer. If the work performed during such period is less than* (------ cubic yards) (the average monthly work necessary to complete the contract within the time specified) and the Contracting Officer maintains an inspection force during this period to inspect the work, the Contractor will be charged the percentage of the cost of maintaining such force that his work is less than* (------ cubic yards) (the average monthly work necessary to complete the contract within the time specified).

*Delete inapplicable provision. § 7.603-39

ages.

Amount of liquidated dam

(See 18.113.) Insert the following clause in contracts providing for liquidated damages:

LIQUIDATED Damages (JANUARY 1965)

In case of failure on the part of the Contractor to complete the work within the time fixed in the contract or any extensions thereof, the Contractor shall pay to the Government as liquidated damages, pursuant to the clause of this contract entitled "Terminations for Default-Damages for Delay-Time Extensions", the sum of for each day of delay.

§ 7.603-40 Required source for jewel bearings.

In accordance with the requirements of § 1.315 of this chapter, insert the clause set forth therein.

§ 7.603-41 Employment of ocean-going vessels by construction contractors. In accordance with the requirements of $1.1409 of this chapter, insert the clause set forth therein.

§ 7.604-1 Alterations in contract.

The following clause may be used if applicable, in negotiated contracts where Standard Form 23 is not used:

ALTERATIONS (JANUARY 1961)

The following alterations were made in this contract before it was signed by the parties hereto.

§ 7.604-2 Approval of contract.

The contract clause set forth in § 7.105-2 may be inserted.

§ 7.605 Required clauses for cost-reimbursement type construction con

tracts.

The following clauses shall be inserted in all cost-reimbursement type construction contracts:

§ 7.605-1 Statement of work.

STATEMENT OF WORK (JANUARY 1965)

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.

§ 7.605-2 Changes.

Insert the clause set forth in § 7.203-2 with the following changes in wording: Delete the first sentence 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 the second sentence and substitute the words "completion time".