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$ 12–7.604 Additional clauses.
$ 12–7.603-21 Subcontractor cost and pric
ing data. Insert the appropriate clause set forth in FPR 1-3.814-3 under the conditions described therein.
812-7.603-22 Contracts with the Small
Business Administration (Special 8 (a) Contract). (a) Insert the clause set forth in FPR 1-1.713-4(g)(1) in contracts with the Small Business Administration awarded pursuant to section 8(a) of the Small Business Act (15 U.S.C. 637(a)).
(b) Insert the clause set forth in FPR 1-1.713-4(h) in subcontracts which will be executed by the Small Business Administration with its subcontractors.
8 12-7.603-23 Small business subcontract
ing program. Insert the clause set forth in FPR 11.710-3(b) under the conditions described therein.
8 12-7.603-24 Minority business enter
prises subcontracting program. Insert the clause set forth in FPR 11.1310-2(b) under the conditions described therein.
§ 12–7.603-25 Late bids and modifications
or withdrawals. Insert the provisions cited in FPR 17.603-25 in solicitations under the conditions precribed therein.
8 12-7.650-2 Protection of existing vegeta.
tion, structures, utilities, and improve
ments. Use with standard Form 19 or 23A.
PROTECTION OF EXISTING VEGETATION, STRUCTURES, UTILITIES, AND IMPROVEMENTS
(a) The Contractor will preserve and protect all existing vegetation (such as trees, shrubs, and grass) on or adjacent to the site of work which is not to be removed and which does not unreasonably interfere with the construction work. Care will be taken in removing trees authorized for removal to avoid damage to vegetation to remain in place. Any limbs or branches of trees broken during such operations or by the careless operation of equipment or by workmen, shall be trimmed with a clean cut and painted with an approved tree pruning compound, as directed by the Contracting Officer.
(b) All existing utilities, communications facilities, and other improvements, including but not limited to conduit, pipe, wiring, or cable (hereinafter referred to as “im. provements"), whether above or below ground, shall be protected by the Contractor from damage or destruction. The Contractor shall ascertain from the drawings and specifications the location of any concealed improvements at or near the site of the work. Any destruction of or damage to existing improvements, above or below ground, shall be promptly repaired, restored, or replaced at the direction of the Contracting Officer. The directions of the Contracting Officer may require complete replacement of conduits, pipes, wiring, cables, or similar improvements where original installation was made under a requirement for continuous, unspliced lengths. The Contracting Officer has the right to have the necessary corrective work performed by the Contractor at his expense, or by others and charge the cost thereof to the Contractor. If concealed improvements are encountered and they are not shown on the draw. ings or specifications, the provisions of the
§ 12-7.603–26 Preference for U.S. flag air
carriers. Insert the clause set forth in FPR 11.323-2 under the conditions described therein.
§ 12–7.603-27 Cost accounting standards.
Insert the notices for solicitations set forth in FPR 1-3.1203(a)(3), (h)(2), and (i)(2) and the clauses set forth in FPR 1-3.1204-1 and FPR 1-3.1204-2 under the conditions contained in FPR Subpart 1-3.12.
§ 12-7.603-28 Subcontracts.
Insert the clause set forth in FPR 17.103-28 under the conditions contained in the section.
"Differing Site Conditions” clause of this contract shall apply.
(End of clause)
8 12-7.650-3 Operations and storage areas
(use with SF-23A).
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)
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 vehi. cle 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.
(End of clause)
8 12-7.650-7 Additional definitions (use
812-7.650-4 Modification proposals
price breakdown (use with SF-23A).
BREAKDOWN Contractor, in connection with any proposal he makes for Contract modification, shall furnish a price breakdown, itemized as required by the Contracting Officer. Unless otherwise directed, the breakdown shall be in sufficient detail to permit an analysis of all material, labor, equipment, subcontract, and overhead costs, as well as profit, and shall cover all work involved in the modification, whether such work was deleted, added or changed. Any amount claimed for subcontracts shall be supported by a similar
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 was shown”, “as indicated”, “as detailed”, or words of similar import are used, it shall be understood that the refer
ence is made to the drawings accompanying ic instructions as to the extent to which the this contract unless stated otherwise. The representative may take action for the Conword “provided" as used herein shall be un tracting Officer. Such designation will not derstood to mean "provided complete in contain authority to sign contractual docuplace”, that is "furnished and installed”. ments, nor will it authorize the designee to
order contract changes, modify contract (End of clause)
terms, or create any liability on the part of § 12-7.650-8 Safety requirements (use
the Government different from that set with SF-23A).
forth in the contract. SAFETY REQUIREMENTS
(End of clause) (a) The Contractor shall provide safety 812-7.650-10 Contract time-notice to controls for protection to the life and health of employees and other persons; for
proceed (use with SF-23A). prevention of damage to property, materi
CONTRACT TIME-NOTICE TO PROCEED als, supplies, and equipment; and for avoidance of work interruptions in the perform (a) Provided the contract is not terminatance of this contract; and the Contractor ed pursuant to paragraph 4, Standard Form shall comply with any accident prevention 22, “Instructions to Bidders", if in the opin. or safety requirements included or refer- ion of the Contracting Officer, the Contracenced in this contract.
tor's delay in executing formal contract doc(b) The Contractor will maintain an accu
uments or furnishing performance or pay. rate record of, and will report to the Con
ment bonds causes a delay in the issuance of tracting Officer in the manner and on the
the notice to proceed, the time to complete forms prescribed by the Contracting Offi
the work as specified in the contract, may cer, exposure data and all accidents resulting in death, traumatic injury, occupational
be reduced to reflect such delay. disease, and damage to property, materials,
(b) The Contractor shall perform no work supplies and equipment incident to work
under this contract until the required conperformed under this contract.
tract documents and bonds have been fur(c) The Contracting Officer will notify the nished. Thereafter, work at other than the Contractor of any noncompliance with the contract site may be undertaken. The Conforegoing provisions and the action to be tractor shall perform no work at the contaken. The Contractor shall, after receipt of tract site except pursuant to a notice to prosuch notice, immediately take corrective
ceed given by the Contracting Officer. action. Such notice, when delivered to the
(c) Notice to proceed may be issued by the Contractor or his representative at the site
Government at its convenience. Any right of the work, shall be deemed sufficient for the purpose. If the Contractor fails or re
of the Contractor to price adjustment befuses to comply promptly, the Contracting
cause of unreasonable delay on the part of Officer may issue an order stopping all or
the Government in issuing notice to proceed part of the work until satisfactory correc
shall be determined in accordance with the tive action has been taken. No part of the
clause titled "Suspension of Work”. time lost due to any such stop orders shall be made the subject of claim for extension
(End of clause) of time or for excess costs or damages by the Contractor.
§ 12-7.650-11 Rights in shop drawings (d) Compliance with the provisions of this (use with SF-23A). clause by subcontractors will be the responsibility of the Contractor.
RIGHTS IN SHOP DRAWINGS (End of clause)
(a) Shop drawings for construction means
drawings, submitted to the Government by 8 12-7.650-9 Contracting officer's repre
the Construction Contractor, subcontractor sentative (use with SF-23A).
or any lower tier subcontractor pursuant to
a construction contract, showing in detail (i) CONTRACTING OFFICER'S REPRESENTATIVE the proposed fabrication and assembly of The Contracting Officer may designate
structural elements and (ii) the installation Government personnel to act as his author
(i.e., form, fit, and attachment details) of ized representatives for one or more con
materials or equipment. The Government tract administration functions not involving
may duplicate, use, and disclose in any a change in the scope, price, terms, or condi- manner and for any purpose shop drawings tions of the contract. Such designation will delivered under this contract. be in writing, set forth elsewhere in the con- (b) This clause, including this paragraph tract or by separate letter signed by the (b), shall be included in all subcontracts Contracting Officer, and will contain specif- hereunder at any tier.
The Contractor shall be responsible for pay. below. Wherever test borings, analyment of any demurrage and storage charges ses, or hydrographic data are to be accruing more than 5 days after his receipt
made available to the contractor, the of notice to proceed. (c) Time of delivery. Any property to be
wording of this special clause should iurnished by the Government shall be deliv
be such as only to inform the contracred to the Contractor in sufficient time to tor as to the source of the data and nable him to perform the work without where it may be examined. delay. The Contractor will be given advance notice of expected delivery dates if they are
PHYSICAL DATA not already shown on the GFPL. If the
Information and data furnished or reproperty is not delivered to the Contractor
ferred to below are furnished for the Cony the 5th day subsequent to the expected
tractor's information. However, it is express--livery date, he shall notify the Contract
ly understood that the Government will not ng Officer within 3 days thereafter. The
be responsible for any interpretation or conontractor shall acknowledge receipt there
clusion drawn therefrom by the Contractor. ce in writing to the Contracting Officer and
(a) The physical conditions indicated on ** there are shortages or defective property
the drawings and in the specifications are . any shipment, the contractor shall notify
the result of site investigations by (insert ine Contracting Officer within 24 hours after delivery of shipment, or in the case of
vestigational methods used, such as surveys, ncealed defects and shortages, within 3
auger borings, core borings, test pits, prob
ings, test tunnels, etc). vs after they are discovered. In either ent, the Contracting Officer will take ap
(b) Weather conditions. (Insert summary mopriate action to rectify the matter. In
of weather records and warnings.) e absence of information from the Con
(c) Transportation facilities. (Insert the actor to the contrary within the periods
summary of transportation facilities accesiore, the Government will consid
sid. ble to project, availability, and limitations.)
(d) sowi all property has been delivered to
— (Insert other pertinent inforlactor on time and in good condi
(End of clause)
8 12-7.651-7 Variations in estimated quanwred through inadequate pro
tities contracts. wim for adjustments in the
Erformance of the con Insert the following clause in conof Work” and the “Ter tracts containing estimated quantity 1011' Damages For Delay
items in accordance with DOTPR 12("use) shall be allowed
VARIATION IN ESTIMATED QUANTITIES within the periods
Where the quantity of a pay item in this the above-cited clauses
contract is an estimated quantity and where notifications to the Con the actual quantity of such pay item varies Wine and price adjust
more than fifteen percent (15%) above or
below the estimated quantity stated in this ccordance with instruc contract, an equitable adjustment in the the Contracting Officer, contract price shall be made upon demand of the work, any unused of either party. The equitable adjustment e prepared for shipment shall be based upon any increase or decrease by the Contractor to the in costs due solely to the variation above common arrier or Goy one hundred fifteen percent (115%) or in the cality of the below eighty-five percent (85%) of the esti
mated 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 nform
within such further period of time which s perta
may be granted by the Contracting Officer he con
prior to the data of final payment of the de availa
contract, ascertain the facts and make such be reference
djustment for extending the completion zpleting the
nte as in his judgment the findings justify.
(End of clause)
(End of clause) 812-7.651 Clauses to be used when appli
cable. 812-7.651-1 Notice and assistance regard
ing patent and copyright infringement. In accordance with DOTPR 129.153, insert the clause set forth in FPR 1-7.103-4.
8 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 require
ments. 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.
8 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 const
struction 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 Bismuth Cadmium, ores and flue dust Chrome ore or chromite 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 non domestic construction material. (All costs of delivery to the construction site shall be in cluded, 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.
812-7.651-4 Performance of work by con
tractor. Insert the clause set forth in FPR 118.104 in accordance with the instructions for its use.
812-7.651-5 Government-furnished prop
erty. 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 fur. nished 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 fur. ther delivery of the property at the job site.