If a modification to a bid based on unit prices is submitted, which provides for a lump sum adjustment to the total estimated cost, the application of the lump sum adjustment to each unit price in the bid schedule must be stated. If it is not stated, the bidder agrees that the lump sum adjustment shall be applied on a pro rata basis to every unit price in the bid schedule.

(4) Standard Form 22 (Instructions to Bidders). A copy of this form should accompany each invitation for bids for the information of bidders.

(5) Standard Form 23 (Construction Contract). A copy of this form should be furnished bidders with the invitation for bids for information. The form shall be completed after award to the acceptable bidder and executed by the parties as the formal contract instrument.

(6) Standard Form 23-A (General Provisions). Additional general provisions or modifications to the General Provisions as authorized in Subpart F, Part 7 of this chapter, may be added to this form. Standard Form 23-A with any additional sheets necessary shall be attached to the executed contract.

(7) Specifications. Specifications consisting of technical and special provisions pertinent to the particular contract and contract drawings shall be attached to the above standard forms to complete the contract. § 16.401-3

visions.

Terms, conditions and pro

(a) The use of additional contract provisions consistent with those contained in the above forms is authorized, and, where required elsewhere in this subchapter, the use of such additional provisions is mandatory.

(b) Changes or additional provisions inconsistent with those contained in the standard forms shall be incorporated when required by this subchapter, and may be incorporated when authorized by this subchapter, or when approved pursuant to § 1.109 of this chapter. A copy of any such approval pursuant to § 1.109-2 shall be forwarded by the approving authority to the General Services Administration.

(c) The provisions of paragraphs (a) and (b) of this section shall not be construed to authorize the reinstatement in Standard Form 19 of clauses which appear in Standard Form 23-A and which have either been condensed or omitted

in the development of Standard Form 19 in the interests of simplification and uniformity. Where such reinstatement is deemed essential, the matter shall be handled as a deviation as provided in § 1.109 of this chapter. Deviations are not required for the use with Standard Form 19 of clauses which, although not properly a part of Standard Form 23-A may accompany it when printed for use within the Department of Defense (e.g., "Termination for Convenience of the Government" and "Gratuities").

(d) The "Disputes" clause of Standard Form 19 may be altered by inserting in the schedule or in the specifications, the following:

Alterations.

As used in the "Disputes" clause of the General Provisions "head of the Federal Agency" means the "Secretary" of the (insert name of Military Department). (August 1959)

(e) During a period of national emeragency, paragraph (d) (1) of the "Termination for Default-Damages for Delay-Time Extensions" clause of Standard Form 23-A may be changed by deleting the words "unforeseeable causes" in the two places where they appear in the first sentence and substituting therefor the words, "causes, other than normal weather".

(f) Deletion or modification of provisions in the above forms shall be accomplished in the "Alterations" paragraph of Standard Form 23, or in an "Alterations" paragraph added in the schedule of Standard Form 19, or in the specifications, as may be appropriate.

(g) Whenever Standard Forms 19 and 19-A are used for formally advertised contracts the clause entitled "Covenant Against Contingent Fees" need not be included.

§ 16.402 Negotiated construction contract forms.

tect-Engineer shall be paid the sum of Dollars ($------), which shall constitute complete payment for all services required to be performed under this Title II and all expenditures which may be made and expenses incurred except as are otherwise provided herein.

The United States of America, represented by the Contracting Officer executing this contract, and the individual, partnership, joint venture, or corporation named above, mutually agree to perform this contract in strict accordance with the above conditions and with the General Provisions of this contract.

In witness whereof, the parties hereto have executed this contract as of the day and year first above written:

§ 16.404 Contracts for dismantling, demolition or removal of improvements.

The format in § 16.404-2 shall be used in contracting for the dismantling, demolition or removal of improvements. It shall be completed in accordance with the following instructions and shall contain the clauses set forth below.

§ 16.404-1 General.

(a) The provisions of the Davis-Bacon Act relating to the predetermination of minimum wages for mechanics and laborers does not apply to contracts for dismantling, demolition or removal of improvements.

(b) The format set forth in § 16.404-2 contains alternate provisions regarding payment for the work to be performed. The first alternate covers a situation when the Government is to pay the contractor for the demolition of structures and the conditioning of materials. Normally this provision will be used as it appears in the format. However, if it is determined that all the material resulting from the demolition work is to be retained by the Government and the contractor is to be entirely compensated by payments received under the contract, subparagraph (b) of the first alternate provisions shall be deleted. The second alternate covers the situation under which the contractor will pay to the Government compensation in consideration of the right to salvage and remove, for his own use, the materials resulting from

the demolition operation. The contracting officer should carefully consider the usefulness of salvageable property to the Government. Any items more useful to the Government than the value to the Contractor as salvage should be expressly designated for retention by the Government. Title to any property not specifically designated for retention by the Government will vest in the contractor.

(c) The provisions of the Miller Act regarding performance and payment bonds do not apply to contracts for dismantling, demolition or removal of improvements. The contractor, however, shall be required to furnish a performance bond in a penal amount deemed adequate to assure completion of the work and to protect the Government against damage to adjoining property during its performance, irrespective of the fact that complete payment under the contract may be made to the Government by the Contractor prior to inception of the work. The amount shall be determined in advance of bidding and shall be set forth in the invitation for bids.

in the State of (hereinafter called the Contractor).

1. Statement of Work.

(a) The Contractor shall furnish all labor, material and equipment and perform all work required for the dismantling, demolition and removal, or both, of (identify property).

(b) The work shall be commenced and shall be completed not later than

(c) A performance bond in the penal sum of dollars ($------) shall be furnished by the Contractor.

(d) All property retained by the Government will be conditioned, handled and stored by the Contractor in such manner and place as prescribed in the specifications.

2. Payments. (Alternate 1 shall apply unless otherwise specified in the Schedule)

*Delete inapplicable phrase.

**Delete all lines which do not apply. ALTERNATE 1. PAYMENT BY GOVERNMENT TO CONTRACTOR (JANUARY 1965)

Un

(a) In (full) (part) (delete one) consideration of the performance of the work called for in the Statement of Work, the Government will pay to the Contractor (words). (figures) __. less otherwise provided in the specifications, progress payments will be made monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates approved by the Contracting Officer. In making such progress payments there shall be retained 10 percent of the estimated amount until final completion and acceptance of the contract work. However, if the Contracting Officer, at any time after 50 percent of the work has been completed finds that satisfactory progress is being made, he may authorize any of the remaining progress payments to be made in full. Furthermore, on completion and acceptance of each separate unit or other division of the contract on which the price is stated separately in the contract, payment may be made therefor without retention of a percentage.

(b) In further consideration of the faithful performance hereof, the Contractor shall receive title to all property to be demolished which is not specifically designated as being retained by the Government, said title to vest in the Contractor immediately upon the Contractor's receipt of the notice of award and furnishing of performance bond. The Government will not be responsible for the condition of or any loss or damage to such property from any cause whatsoever. In the event the Contractor does not wish to remove from the site any part of the property he has acquired hereunder, the Contracting Officer may, upon written request, grant the Contractor permission to leave such property on the premises. The Contractor agrees as a condition of the granting of such permission to waive any right, title, claim or interest in and to such property.

(c) Upon completion and acceptance of all work required hereunder, final payment of

the amount due the Contractor under this contract will be made upon the presentation of a properly executed and duly certified voucher therefor, and in addition, if requested, a release of all claims against the Government arising under and by virtue of this contract, other than such claims, if any, in stated amounts as may be specifically excepted by the Contractor from the operation of the release.

*Delete, if inapplicable.

ALTERNATE 2. PAYMENT BY CONTRACTOR TO GOVERNMENT (JANUARY 1965)

(a) The Contractor shall receive title to all property covered by this contract not specifically designated in the specifications as being retained by the Government, said title to vest in the Contractor immediately upon receipt of the notice of award and furnishing of performance bond. The Government will not be responsible for the condition of or any loss or damage to such property from any cause whatsoever. All property acquired by the Contractor hereunder shall be removed from the site by the Contractor promptly, as the storage of such property on the site will not be permitted beyond the completion date hereof. In the event the Contractor does not wish to remove from the site any part of the property he has acquired hereunder, the Contracting Officer may, upon written request, grant the Contractor permission to leave such property on the premises. The Contractor agrees as a condition of the granting of such permission to waive any right, title, claim or interest in and to such property.

within

(b) The Contractor shall perform the work called for in Clause 1 and, unless otherwise provided in the specifications, days of the receipt of notice of award and before proceeding with demolition, shall pay -(words) – Checks shall be made payable to the Treasurer of the United States and shall be forwarded to the Contracting Officer.

-(figures)

3. Specifications and Drawings. (Insert the clause set forth in 7-602.2.)

4. Changes. (Insert the clause set forth in 7-602.3.)

5. Termination for Default-Damages for Delay-Time Extensions. (Insert the clause set forth in 8-709.)

6. Termination for Convenience of the Government. (In accordance with 8-701 (a) and (c), insert the termination clause in contracts exceeding $10,000 in value. In contracts not exceeding $10,000 the clause in 8-705.2 may be inserted.)

7. Disputes. (Insert the appropriate clause set forth in 7-602.6.)

8. Assignment of Claims. (Insert the clause set forth in 7-602.8.) 9. Workmanship.

WORKMANSHIP (JANUARY 1965)

All work under this contract shall be performed in a skillful and workmanlike man

14. Other Contracts. (Insert the clause set forth in 7-602.15.)

15. Gratuities. (In accordance with 7104.16 insert the contract clause set forth therein.)

16. Additional Bond Security. (Insert the clause set forth in 7-103.9.)

17. Covenant Against Contingent Fees. (Insert the clause set forth in 7-103.20.)

18. Officials Not to Benefit. (Insert the clause set forth in 7-602.19.)

19. Contract Work Hours Standards ActOvertime Compensation. (Insert the clause set forth in 12-403.1(2).)

20. Convict Labor. (Insert the clause set forth in 12-203.)

21. Equal Opportunity. (In accordance with 12-802, insert the contract clause set forth therein.)

22. Federal, State and Local Taxes. (Insert the clause set forth in 11-401.1.)

23. Liability for Government Retained Property.

LIABILITY FOR GOVERNMENT RETAINED
PROPERTY (JANUARY 1965)

As to items of property, title to which remains in the Government and which are to be delivered to the Government by the Contractor in the performance of the work, the Contractor assumes the risk of and shall be responsible for any loss thereof or damage thereto except for reasonable wear and tear incident to removal and delivery to the Government.

24. Site Investigation. (Insert the clause set forth in 7-602.33.)

25. Operation and Storage Area. (Insert the clause set forth in 7-602.35.)

26. Cleaning Up. (Insert the clause set forth in 7-602.40.)

27. Accident Prevention. (Insert the clause set forth in 7-602.42.)

28. Availability of Utility Services. (Insert the clause set forth in 7-603.30.)

29. Misplaced Material. (If the contract involves work on or adjacent to a navigable stream, insert the clause set forth in 7-603.32.)

30. Signal Lights. (If the contract involves the use of marine equipment, insert the clause set forth in 7-603.33.)

31. Military Security. (In accordance with 7-104.12, insert the contract clause set forth therein in contracts involving classified fa

cilities except in those contracts to be performed outside the United States, its pos-p sessions and Puerto Rico.)

(In ac

32. Identification of Employees. cordance with 7-603.34, insert the clause set forth therein where identification is required for security or other reasons.)

33. Composition of Contractor. (Insert the clause set forth in 7-602.32.)

34. Renegotiation. (In accordance with 7-103.13, insert the appropriate contrac clause set forth therein.)

35. Interest. (Insert the clause set forth in E-620.)

36. Definitions. (Insert the clause sett forth in 7-602.1.)

37. Liquidated Damages. (Insert the clause set forth in 7-603.39. The rate of liquidated damages will be determined in accordance with 18-113.)

38. Alterations in Contract. clause set forth in 7-604.1.)

(Insert the

Experience data forms.

(a) U.S. Government Architect-Engineer Questionnaire (Standard Form 251,¦. June 1961 Edition). This form is designed to assure the uniform submission of experience and organizational data by Architect-Engineer firms and shall be used in lieu of any corresponding De partmental form.

(b) Construction Contractor Experi ence Data (DD Form 1072). This form

is designed to assure the uniform submission of experience and organizational data by construction contractors and shall be used in lieu of any correspond ing Departmental form.

§ 16.405-3 Contract modification forms.

(a) Modifications pursuant to provi sions of contract. Modifications affecting the price or time for performance of a construction contract may be made pursuant to the "Changes", "Changed Conditions" and "Termination for Default-Damages for Delay-Time Extensions" clauses of the contract. Although such modifications may be issued unilaterally by the contracting officer,

It has been determined that, in view of (here state reason for proposed modification e.g., reasons for changes, existence of changed conditions, causes of delay and excusability), it is in the best interests of the Government to modify this contract. (If the modification is pursuant to the "Changes" clause, set forth the details of the change.)

It is understood and agreed that, pursuant to the above, the time for performance is increased (state the extension definitely) /is decreased (state the decrease definitely) / remains unchanged, and that the contract price is increased (state the increase definitely) is decreased (state the decrease definitely)/remains unchanged.

Except as hereby modified, all terms and conditions of said contract as heretofore modified remain unchanged and in full force and effect.

If the foregoing modification of said contract is satisfactory, please indicate your acceptance thereof in the space provided below and return the original and one copy to this office (Attention: --------). The triplicate copy is for your records.

Subpart E-Special Contract and Order Forms

SOURCE: The provisions of this Subpart E appear at 25 F.R. 14315, Dec. 31, 1960, except as otherwise noted.

§ 16.500 Scope of subpart.

This subpart prescribes special forms for procuring certain supplies and services.

§ 16.501

Negotiated utility service contract forms.

This paragraph prescribes forms for the negotiated procurement of utility services which, as used herein, includes only electric, gas, water, sewage, and steam services, except where such services are procured under GSA area contracts as provided in Part 5, Subpart H, of this subchapter.

§ 16.501-1 Estimated annual cost $2,400 or less (DD Form 671).

(a) Utility services shall be procured without a written contract when the supplier's rates are regulated by a Federal, State, or other public regulatory body and when the annual cost of the services to be procured is estimated at the time of initiation of the service to be $2,400 or less: Provided, That, such services shall be procured by a written contract whenever

(1) The supplier requires the execution of a contract or application form; (2) A connection charge is involved;

or

(3) The negotiation and execution of a contract is deemed to be advantageous to the Government.

(b) When utility services are purchased without written contract the citation of procurement authority, and the