CONTRACT CLAUSES AND SOLICITATION PROVISIONS

7-602.40 Cleaning Up.

CLEANING UP (1965 JAN)

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 any rubbish from the premises and all tools, scaffolding, equipment, and materials 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 Of

(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 reference is made to the drawings accompanying this contract unless stated otherwise. The word "provided" as used herein shall be understood to mean “provided complete in place", that is "furnished and installed".

7-602.42 Accident Prevention.

(End of clause)

(a) Normally the following clause concerning safety controls, records, reports and corrective action to be taken shall be inserted.

ACCIDENT PREVENTION (1981 AUG)

(a) In order to 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, the Contractor shall comply with all pertinent provisions of Corps of Engineers Manual, EM 385-1-1, dated 1 April 1981, entitled "Safety and Health Requirements," and will also take or cause to be taken such additional measures as the Contracting Officer may determine to be reasonably necessary for the purpose.

(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)

(b) In contracts involving work of long duration or of hazardous character, the following paragraph (e) will be added to the above clause:

7-602.42

ARMED SERVICES PROCUREMENT REGULATION

CONTRACT CLAUSES AND SOLICITATION PROVISIONS

(e) Prior to commencement of the work the Contractor will:

(1) submit in writing his proposals for effectuating this provision for accident prevention; (2) meet in conference with representatives of the Contracting Officer to discuss and develop mutual understandings relative to administration of the over-all safety pro

gram.

7-602.43 Government Inspectors.

GOVERNMENT INSPECTORS (1965 JAN)

The work will be conducted under the general direction of the Contracting Officer and is subject to inspection by his appointed inspectors to insure strict compliance with the terms of the contract. No inspector is authorized to change any provision of the specifications without written authorization of the Contracting Officer, nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the contract.

(End of clause)

7-602.44 Commencement, Prosecution and Completion of Work.

(a) In accordance with 18-105, insert the following clause (except this clause may be appropriately modified to accommodate the issuance of orders under Indefinite Delivery Type contracts).

COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (1965 JAN)

calendar

The Contractor will be required to commence work under this contract within days after the date of receipt by him of notice to proceed, to prosecute said work diligently, and to complete the entire work ready for use not later than The time stated for completion shall include final clean-up of the premises.

(End of clause)

(b) When the completion date is expressed, not in a specified number of days after receipt of notice to proceed, but rather as a calendar day, which date is computed on the basis of the contractor receiving the notice to proceed by a certain day, add the following to the above clause:

The foregoing completion date is based on the assumption that the successful bidder will receive the notice to proceed by The Government will extend the completion date by

the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the bid. (1968 APR)

7-602.45 Contract Drawings, Maps and Specifications.

CONTRACT DRAWINGS, MAPS AND SPECIFICATIONS (1965 JAN) (a)

sets (five unless otherwise specified herein) of large scale contract drawings, maps and specifications will be furnished the Contractor without charge except applicable publications incorporated into the technical provisions by reference Additional sets will be furnished on request at the cost of reproduction. The work shall conform to the following contract drawings and maps, all of which form a part of these specifications and are available in the office of

CONTRACT CLAUSES AND SOLICITATION PROVISIONS

(b) Omissions from the drawings or specifications or the misdescription of details of work which are manifestly necessary to carry out the intent of the drawings and specifications, or which are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work but they shall be performed as if fully and correctly set forth and described in the drawings and specifications.

(c) The Contractor shall check all drawings furnished him immediately upon their receipt and shall promptly notify the Contracting Officer of any discrepancies. Figures marked on drawings shall in general be followed in preference to scale measurements. Large scale drawings shall in general govern small scale drawings. The Contractor shall compare all drawings and verify the figures before laying out the work and will be responsible for any errors which might have been avoided thereby.

(End of clause)

7-602.46 Suspension of Work.

SUSPENSION OF WORK (1968 FEB)

(a) The Contracting Officer may order the Contractor in writing to suspend, delay, or interrupt all or any part of the work for such period of time as he may determine to be appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted by an act of the Contracting Officer in the administration of this contract, or by his failure to act within the time specified in this contract (or if no time is specified, within a reasonable time), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by such unreasonable suspension, delay, or interruption and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent (1) that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor or (2) for which an equitable adjustment is provided for or excluded under any other provision of this contract.

(c) No claim under this clause shall 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 such suspension, delay, or interruption, but not later than the date of final payment under the contract.

(End of clause)

7-602.47 Rights in Shop Drawings. In accordance with 18–910.1(b), insert the following clause.

RIGHTS IN SHOP DRAWINGS (1966 APR)

(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 (ie., 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)

7-602.47

ARMED SERVICES PROCUREMENT REGULATION

DAC #76-26

15 DECEMBER 1980

CONTRACT CLAUSES AND SOLICITATION PROVISIONS

7-602.48 Reserved.

7-602.49 Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era. Insert the clause in 7-103.27.

In

7-602.50 Value Engineering Incentive--Construction. accordance with 1-1704.6, insert the following clause in all construction contracts of $100,000 or more except incentive contracts:

VALUE ENGINEERING INCENTIVE--CONSTRUCTION (1980 DEC)

(a) Applicability.

This clause applies to any Contractor developed, prepared, and submitted Value Engineering Change Proposal (VECP). (b) Definitions.

(1) "Contractor's development and implementation costs" means those costs incurred on a VECP before Government acceptance and those costs the Contractor incurs specifically to make the changes required by Government acceptance of a VECP.

(2) "Government costs" means those agency costs that result directly from developing and implementing the VECP and any net increases in the cost of testing, operations, maintenance, and logistic support. They do not include the normal administrative costs of processing the VECP.

(3) "Instant contract savings" means the estimated reduction in Contractor cost of performance resulting from acceptance of the VECP, minus allowable Contractor's development and implementation costs (including subcontractors' development and implementation costs). (See paragraph (g).)

(4) "Value Engineering Change Proposal (VECP)" means a proposal that:

(1) requires a change to this, the
instant contract, to implement;

and

(ii) results in reducing the contract
price or estimated cost without
impairing essential functions or
characteristics, provided that
it does not involve a change in
deliverable end-item quantities
only.

7-602.50

ARMED SERVICES PROCUREMENT REGULATION

CONTRACT CLAUSES AND SOLICITATION PROVISIONS

(c) VECP Preparation. As a minimum, the Contractor shall include the information described in (1) through (6) in each VECP. If the proposed change affects contractually required configuration management procedures, the instructions in the procedures relating to format, identification, and priority assignment shall govern VECP preparation. The VECP shall include the following:

(1) A description of the difference between the existing contract requirement and that proposed, the comparative advantages and disadvantages of each, a justification when an item's function or characteristics are being altered, and the effect of the change on the end item's performance.

(2) A list of the contract requirements that must be changed if the VECP is accepted, including any suggested specification revisions.

(3) A separate, detailed cost estimate for both the affected portions of the existing contract requirement and the VECP. The cost reduction associated with the VECP shall take into account the Contractor's allowable development and implementation costs, including any amount attributable to subcontracts under paragraph (g). The Contractor shall also include a description and estimate of costs the Government may incur in implementing the VECP, such as test and evaluation and operating and support costs. (4) A projection of any effects the proposed change would have on collateral costs to the agency.

(5) A statement of the time by which a contract modification accepting the VECP must be issued in order to achieve the maximum cost reduction, noting any effect on the contract completion time or delivery schedule.

(6) Identification of any previous submissions of the VECP, including the dates submitted, the agencies and contract numbers involved, and previous Government actions, if known.

Submissions.

(d) (1) The Contractor shall submit VECPs to the Resident Engineer at the worksite, with a copy to the Contracting Officer. The Contracting Officer shall notify the Contractor of the status of the VECP within 45 calendar days after the contracting office receives it. If additional time is required because of extenuating circumstances, the Contractor shall be notified within the 45-day period and provided the reason for the delay and the expected date of the Contracting Officer's decision. VECPS shall be processed expeditiously; however, the Government shall not be liable for any delay in acting upon a VECP.

7-602.50

ARMED SERVICES PROCUREMENT REGULATION