"Differing Site Conditions" clause of this contract shall apply. (End of clause) § 12-7.650-3 Operations and storage areas (use with SF-23A). OPERATIONS AND STORAGE AREAS (a) All operations of the Contractor (including storage of materials) upon Government premises shall be confined to areas authorized or approved by the Contracting Officer. The Contractor shall hold and save the Government, its officers and agents, free and harmless from liability of any nature occasioned by his operations. (b) Temporary buildings (storage sheds, shops, offices, etc.) may be erected by the Contractor only with the approval of the Contracting Officer, and shall be built with labor and materials furnished by the Contractor without expense to the Government. Such temporary buildings and utilities shall remain the property of the Contractor and shall be removed by him at his expense upon the completion of the work. With the written consent of the Contracting Officer, such buildings and utilities may be abandoned and need not be removed. (c) The Contractor shall, under regulations prescribed by the Contracting Officer, use only established roadways or construct and use such temporary roadways as may be authorized by the Contracting Officer. Where materials are transported in the prosecution of the work vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any Federal, State or local law or regulation. When it is necessary to cross curbing or sidewalks, protection against damage shall be provided by the Contractor and any damaged roads, curbings, or sidewalks shall be repaired by, or at the expense of the Contractor. price breakdown. In addition, if the proposal includes a time extension, a justification therefor shall also be furnished. The proposal together with the price breakdown and time extension justification, shall be furnished by the date specified by the Contracting Officer. (End of clause) § 12-7.650-5 Work schedule (use with SF19). WORK SCHEDULE The Contractor shall, within 10 days from date of award of contract (unless a different time is specified in the contract), furnish to the Contracting Officer, in triplicate, a schedule showing the proposed dates on which the major phases of the work will be started and completed. Acceptance of the schedule by the Contracting Officer shall not excuse the Contractor for any delay in completing the work. (End of clause) § 12-7.650-6 Cleaning up (use with SF23A). CLEANING UP The Contractor shall at all times keep the construction area, including storage areas used by him, free from accumulations of waste material or rubbish and prior to completion of the work remove from the premises any rubbish and all tools, scaffolding, equipment, and material not the property of the Government. Upon completion of the construction the Contractor shall leave the work and premises in a clean, neat and workmanlike condition satisfactory to the Contracting Officer. (End of clause) § 12-7.650-7 Additional definitions (use with SF-23A). ADDITIONAL DEFINITIONS (a) Wherever in the specifications or upon the drawings the words "directed", "required", "ordered", "designated", "prescribed", or words of like import are used, it shall be understood that the "direction", "requirement", "order", "designation", or "prescription", of the Contracting Officer is intended and similarly the words "approved" "acceptable", "satisfactory" or words of like import shall mean "approved by" or "acceptable to", or "satisfactory to" the Contracting Officer, unless otherwise expressly stated. (b) Where "as shown", "as indicated", "as detailed", or words of similar import are used, it shall be understood that the refer (a) The Contractor shall provide safety controls for protection to the life and health of employees and other persons; for prevention of damage to property, materials, supplies, and equipment; and for avoidance of work interruptions in the performance of this contract; and the Contractor shall comply with any accident prevention or safety requirements included or referenced in this contract. (b) The Contractor will maintain an accurate record of, and will report to the Contracting Officer in the manner and on the forms prescribed by the Contracting Officer, exposure data and all accidents resulting in death, traumatic injury, occupational disease, and damage to property, materials, supplies and equipment incident to work performed under this contract. (c) The Contracting Officer will notify the Contractor of any noncompliance with the foregoing provisions and the action to be taken. The Contractor shall, after receipt of such notice, immediately take corrective action. Such notice, when delivered to the Contractor or his representative at the site of the work, shall be deemed sufficient for the purpose. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop orders shall be made the subject of claim for extension of time or for excess costs or damages by the Contractor. (d) Compliance with the provisions of this clause by subcontractors will be the responsibility of the Contractor. (End of clause) § 12-7.650-9 Contracting officer's representative (use with SF-23A). CONTRACTING OFFICER'S REPRESENTATIVE The Contracting Officer may designate Government personnel to act as his authorized representatives for one or more contract administration functions not involving a change in the scope, price, terms, or conditions of the contract. Such designation will be in writing, set forth elsewhere in the contract or by separate letter signed by the Contracting Officer, and will contain specif proceed (use with SF-23A). CONTRACT TIME-NOTICE TO PROCEED (a) Provided the contract is not terminated pursuant to paragraph 4, Standard Form 22, "Instructions to Bidders", if in the opinion of the Contracting Officer, the Contractor's delay in executing formal contract documents or furnishing performance or payment bonds causes a delay in the issuance of the notice to proceed, the time to complete the work as specified in the contract, may be reduced to reflect such delay. (b) The Contractor shall perform no work under this contract until the required contract documents and bonds have been furnished. Thereafter, work at other than the contract site may be undertaken. The Contractor shall perform no work at the contract site except pursuant to a notice to proceed given by the Contracting Officer. (c) Notice to proceed may be issued by the Government at its convenience. Any right of the Contractor to price adjustment because of unreasonable delay on the part of the Government, in issuing notice to proceed shall be determined in accordance with the clause titled "Suspension of Work". (End of clause) § 12-7.650-11 Rights in shop drawings (use with SF-23A). RIGHTS IN SHOP DRAWINGS (a) Shop drawings for construction means drawings, submitted to the Government by the Construction Contractor, subcontractor or any lower tier subcontractor pursuant to a construction contract, showing in detail (i) the proposed fabrication and assembly of structural elements and (ii) the installation (i.e., form, fit, and attachment details) of materials or equipment. The Government may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this contract. (b) This clause, including this paragraph (b), shall be included in all subcontracts hereunder at any tier. (End of clause) (a) Unless otherwise provided in the contract, the Contractor guarantees all work performed and materials and equipment delivered to be in accordance with contract requirements and free from defective or inferior materials, equipment and workmanship for one year from the date of final acceptance of the contract work by the Government. The guarantee provided for in this clause shall not extend to or apply to Government-furnished material or equipment except as to such work as may be performed thereon by the Contractor. (b) Upon receipt of notice from the Contracting Officer that work, material, or equipment furnished under this contract has failed to meet the contract guarantee, the contractor shall promptly return to the site of the work and at his expense (1) place in satisfactory condition in every particular all such guaranteed work, correcting all defects therein, (2) restore to a satisfactory condition the building or site or any equipment or contents thereof which, in the opinion of the Contracting Officer, are affected or damaged as a result of the use of material, equipment or workmanship which are inferior, defective or not in accordance with the terms of the contract, and (3) restore to a satisfactory condition any work, materials and equipment disturbed in fulfilling the guarantee. (c) In any case where in fulfilling the requirements of the contract or of any guarantee, embraced in or required thereby, the Contractor disturbs any work guaranteed under another contract, he shall restore such disturbed work to a condition satisfactory to the Contracting Officer and guarantee such restored work to the same extent as it was guaranteed under such other contract. (d) Should the Contractor fail to proceed promptly to comply with the terms of a guarantee under this contract, the Contracting Officer may cause corrective action to be taken by others and the Contractor shall promptly reimburse the Government its cost incurred thereby, or in lieu of taking corrective action, the Contracting Officer may cause the Contractor to pay to the Government an amount of money commensurate with what the corrective action would cost. (End of clause) § 12-7.650-16 General conduct of work (use with SF-19). GENERAL CONDUCT OF WORK (a) The contractor shall comply with any accident prevention or safety requirements included or referenced in this contract, and shall take any additional protective measures deemed necessary by the Contracting Officer. (b) All operations of the Contractor (including storage of materials) shall be confined to areas authorized by the Contracting Officer. If the use of temporary buildings is authorized by the Contracting Officer, such buildings shall be removed by the Contractor at his expense upon completion of the work. (c) The Contractor shall keep the construction area free from waste material or rubbish. Upon completion of the work, he shall remove his equipment, tools, and material, and leave the premises in a clean, neat, and orderly condition. (d) The Contractor shall, under regulations prescribed by the Contracting Officer, use only established roadways or construct and use such temporary roadways as may be authorized by the Contracting Officer. § 12-7.650-18 Information regarding Buy American Act (use with SF-23A). INFORMATION REGARDING BUY AMERICAN ACT (a) The Buy American Act (41 U.S.C. 10a10d) generally requires that only domestic construction material be used in the performance of this contract. (See the clause entitled "Buy American" in Standard form 23A, General Provisions, Construction Contract.) This requirement does not apply to the following construction material or components: Acetylene black Asbestos, amosite Cadmium, ores and flue dust Cork, wood or bark and waste Graphite, natural Mica Rubber, crude and latex Wax, carnauba Woods of the following species: angelique, balsa, ekki, greenheart, lignum vitae, mahogany and teak (b)(1) Furthermore, bids or proposals offering use of additional nondomestic construction material may be acceptable for award if the government determines that use of comparable domestic construction material is impracticable or would unreasonably increase the cost or that domestic construction material (in sufficient and reasonably available commercial quantities and of a satisfactory quality) is unavailable. Reliable evidence shall be furnished justifying such use of additional nondomestic construction material. (2) Where it is alleged that use of domestic construction material would unreasonably increase the cost: (i) Data shall be included, based on a reasonable canvass of suppliers, demonstrating that the cost of each such domestic construction material would exceed by more than 6 percent the cost of comparable nondomestic construction material. (All costs of delivery to the construction site shall be included, as well as any applicable duty). (ii) For evaluation purposes, 6 percent of the cost of all additional, nondomestic construction material, which qualifies under paragraph (i), above, will be added to the bid or proposal. (3) When offering additional nondomestic construction material bids or proposals may also offer, at stated prices, any available comparable domestic construction material so as to avoid the possibility that failure of a nondomestic construction material to be acceptable under (1), above, will cause rejection of the entire bid. (End of clause) § 12-7.651 Clauses to be used when applicable. § 12-7.651-1 Notice and assistance regarding patent and copyright infringement. In accordance with DOTPR 129.153, insert the clause set forth in FPR 1-7.103-4. § 12-7.651-2 Authorization and consent. Insert the clause set forth in DOTPR 12-7.150-11 in accordance with the instructions for its use in DOTPR 12-9.151-1. § 12-7.651-3 Military security requirements. Insert the Military Security Requirements clause set forth in DOTPR 12-7.151-9 in accordance with the instructions for its use in DOTPR 121.352. § 12-7.651-4 Performance of work by contractor. Insert the clause set forth in FPR 118.104 in accordance with the instructions for its use. § 12-7.651-5 Government-furnished property. When property will be furnished by the Government, insert the following clause in the contract: GOVERNMENT-FURNISHED PROPERTY (a) Title, use, and quantities. Any property to be furnished by the Government (as listed elsewhere in this contract under the heading "Government-Furnished Property List" hereafter referred to as "GFPL") is for use only in connection with the performance of the work hereunder. Title to all such property shall remain vested in the Government. The property shall be furnished in the quantities shown, with the exception of items marked "as required" which will be furnished in whatever quantities are required to complete the work. All additional quantities of the items on this list and any other property required to complete the work will be furnished by the Contractor. (b) Point of delivery. The Government shall deliver this property to the Contractor at the point(s) specified in the GFPL. The Contractor shall at no expense to the government inspect, unload, load and make further delivery of the property at the job site. The Contractor shall be responsible for payment of any demurrage and storage charges accruing more than 5 days after his receipt of notice to proceed. (2) Time of delivery. Any property to be furnished by the Government shall be delivered to the Contractor in sufficient time to enable him to perform the work without delay. The Contractor will be given advance notice of expected delivery dates if they are not already shown on the GFPL. If the property is not delivered to the Contractor by the 5th day subsequent to the expected delivery date, he shall notify the Contracting Officer within 3 days thereafter. The Contractor shall acknowledge receipt thereof in writing to the Contracting Officer and if there are shortages or defective property in any shipment, the contractor shall notify the Contracting Officer within 24 hours after delivery of shipment, or in the case of concealed defects and shortages, within 3 days after they are discovered. In either event, the Contracting Officer will take appropriate action to rectify the matter. In the absence of information from the Contractor to the contrary within the periods specified above, the Government will consider that all property has been delivered to the Contractor on time and in good condition and he will be held responsible thereafter for any shortages and defective property that may later be discovered, or for any damages incurred through inadequate protection. No claim for adjustments in the time and price for performance of the contract ("Suspension of Work" and the "Termination For Default-Damages For DelayTime Extensions" Clause) shall be allowed for failure of the Government to furnish property unless the Contractor reports the delinquent deliveries within the periods specified above. Notifications to the Contracting Officer are in addition to the requirements under the above-cited clauses for making timely notifications to the Contracting Officer if time and price adjustments are desired. (d) Surplus. In accordance with instructions furnished by the Contracting Officer, upon completion of the work, any unused property shall be prepared for shipment and be delivered by the Contractor to the nearest appropriate common carrier or Government storage point in the locality of the work. (End of clause) § 12-7.651-6 Physical data. 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 below. 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. PHYSICAL DATA 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 accesible to project, availability, and limitations.) (d) (Insert other pertinent information.) (End of clause) § 12-7.651-7 Variations in estimated quantities contracts. Insert the following clause in contracts containing estimated quantity items in accordance with DOTPR 1218.201-50. VARIATION IN ESTIMATED QUANTITIES CONTRACTS 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 percent (15%) above or below the estimated quantity stated in this contract, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above one hundred fifteen percent (115%) or below eighty-five percent (85%) of the estimated quantity. 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 data of final payment of the contract, ascertain the facts and make such adjustment for extending the completion date as in his judgment the findings justify. (End of clause) 90-140 0-82--10 |