FORMS FOR CONSTRUCTION CONTRACTS The following provisions from the reverse of Standard Form 19 shall be added: (1) Changes and Changed Conditions (in the last line of (c), the reference to "Clause 3" shall be changed to "the 'Disputes' clause") (2) Termination for Default - Damages for Delay Time Extensions (in the last line of (b), the reference to "Clause 3" shall be changed to "the 'Disputes' clause"). (4) Responsibility of Contractor (5) Material and Workmanship (6) Payments to Contractor (c) The applicable additional clauses required by 3.608-2(b)(1) shall be added to NASA Form 1379, and where it is indicated that the low quotation may exceed $2,000 the following shall be accomplished: (i) Standard Form 19-A shall be attached along with the appropriate wage rate determinations; (ii) the provision in 10.102-4(a) shall be added; (iii) the following language shall be inserted on the face page of the NASA Form 1379 prior to issuance; If this quotation exceeds $2,000, the quoter shall furnish with his quotation a bid guaranty in an amount equal to % of his quotation; failure to submit the guaranty on time may be cause for rejection of the quotation. If this quotation exceeds $2,000, notice to proceed will be issued upon receipt of acceptable payment and performance bonds; and (iv) notice of payment and performance bonds shall be added in accordance with 10.103. 16.403 Architect-Engineer Contracts. 16.403-1 General. Architect-Engineer services are professional services for the production of designs, plans, drawings, and specifications, from which the construction of a project will be accomplished. This phase of architect-engineer work is subject to statutory limitations as to the amount to be paid. (See 4.204-1(b).) Supervision and inspection services during construction may also be procured as part of the professional service furnished by architect-engineers. 16.403-2 Forms for Architect-Engineer Contracts. The following forms are prescribed for use in procuring architect-engineer services: (a) Architect-Engineer Fixed-Price Contract (Standard Form 252). Instructions for Block entries are as follows: (1) Block 5-Project Title and Location. Include a short description of the construction project and the estimated cost of constructing the facilities for the project. If the space provided is insufficient, include a more detailed description in Appendix A of the contract and list the Appendix A in Block 10. (2) Block 6-Contract For (General description of services to be provided). Include a brief description of the services and state that these services are fully set out in Appendix A (Scope of Work). Clearly specify the date by which design services must be completed. If supervision and inspection services during construction are to be procured, also clearly specify the date by which such services must be completed and add a NASA PROCUREMENT REGULATION 16.403-2 PROCUREMENT FORMS statement that the Government may extend such period as provided in the Changes clause of the contract. (3) Block 7-Contract Amount. If the contract is for both design and supervision and inspection services, set out the figures separately. (b) General Provisions (Architect-Engineer Contract)(Standard Form 253). (i) Pending the publication of a new edition of Standard Form 253 (August 1970 Edition), the "Examination of Records by Comptroller General" clause as prescribed in 7.607-8 shall be substituted for Clause 8 (Examination of Records); the "Convict Labor" clause set forth in 7.60712 shall be substituted for Clause 12 (Convict Labor); and the "Equal Opportunity" clause set forth in 7.607-13 shall be substituted for Clause 13 (Equal Opportunity Clause). (ii) Additional general provisions or modifications of the general provisions as authorized in 7.607 and 7.608 may be added to Standard Form 253. This Form 253 with any additional sheets necessary shall be attached to the executed contract. (c) Representations and Certifications (Construction Contract)(Standard Form 19-B). Pending publication of a new edition of the form, when the form is used in contracting for architect-engineer services, it shall be modified by an appropriate provision in the schedule, specifications, or continuation sheet as follows: (1) Change the title of the form to read: REPRESENTATIONS AND CERTIFICATIONS (CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS (For use with Standard Forms 19, 21, and 252). Change the Reference block to read: Reference (Enter same No(s) as on SF 19, 21 and 252). Change (c) of paragraph 1, Small Business, to read: (c) Had average annual receipts for the preceding 3 fiscal years not exceeding $12 million for construction contracts, $2 million for architect-engineer contracts primarily architectural, and $7.5 million for architect-engineer contracts primarily engineering. 16.403-3 Statement of Architect-Engineer Services. The services to be furnished by an architect-engineer should be carefully defined during negotiation of the contract and a statement of such services inserted in Appendix A (Scope of Work) of the contract. The statement should clearly state the nature and extent of the services in a concise form and include any special services such as the nature and extent of sub-surface exploration prior to designing foundations, etc. A similar statement of supervision and inspection services should be prepared for inclusion in Appendix A (Scope of Work) of the contract if supervision and inspection services are included. 16.403-4 Terms, Conditions and Provisions. The use of additional contract provisions, e.g., payment schedule, surveys and subsoil information, and laboratory test, consistent with those contained in 7.607 and 7.608 are authorized, and, where required elsewhere in this Regulation, the use of such addition provisions is mandatory. Supervision and inspection services during construction may also be procured as a part of the professional services furnished by architect-engineers. 16.403-3 CFR TITLE 41 CHAPTER 18 Subpart 5-Special Contract and Order Forms 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 the contract forms to be used for utility service contracts negotiated pursuant to the policy and procedures set forth in Part 4, Subpart 50, of this Regulation, except where such services are procured under GSA area-wide public utility contracts as provided in Part 5, Subpart 8, of this Regulation. 16.501-50 NASA Form 550, Negotiated Utility Service Contract, NASA Form 550A, General Provisions for Negotiated Utility Service Contract, and NASA Form 550B, Signature Page. (a) Required Forms. NASA Form 550 (Negotiated Utility Service Contract) shall be used in all negotiated utility service contracts, except those for which NASA Form 550S (Negotiated Utility Service Contract-Short Form) is used, as authorized by 16.501-51(a), together with NASA Form 550A (General Provisions) and NASA Form 550B (Signature Page). (b) Instructions for Completion of Form. The required information to be inserted in the various blanks on the first page is self-explanatory, except for the following: (1) Term of Contract. The term of the contract shall not exceed 12 months (see also 7.5003-1). (2) Service Location. The information to be inserted in the blank designating the service location should consist of the name of the installation to which service is to be furnished, and, as appropriate, any further designation; for example, "Kennedy Space Center," "Launch Complex 39," or "Building 7100." 16.501-51 NASA Form 550S, Negotiated Utility Service Contract (Short Form). (a) Optional Form. NASA Form 550S (Negotiated Utility Service Contract-Short Form) may be used, without any alteration, addition, or deviation whatsoever, for a negotiated utility service contract, whenever all the following conditions exist: (i) the utility service is taken under an established rate schedule approved by a Federal, State, or other public regulatory body; (ii) the annual cost of the utility service to be procured is $2,500 or less; (iii) no connection, termination, installation, or similar charge, except a meter deposit (or a membership fee in the case of a cooperative) required of all customers, is involved; and (iv) the supplier requires or requests the execution of a contract or application form, and/or it is deemed advantageous to the Government to negotiate and execute a contract. (b) Instructions for Completion of Form. The required information to be inserted in the various blanks on the first page is self-explanatory, except for the following: (1) The information to be inserted in the blank designating the service location should consist of the name of the installation to which service is to be furnished, and, as appropriate, any further designation; for example, "Kennedy Space Center," "Launch Complex 39," or "Building 7100." (2) The number or other identification of the contractor's applicable rate schedule should be inserted in the blank after the words "Rate Schedule." (3) A description of the service to be rendered should be set forth in the last blank (see NASA Forms 550A-1 through 5 and 16.501-52(b)). NASA PROCUREMENT REGULATION 16.501-51 PROCUREMENT FORMS 16.501-52 Appendices to Contract Forms. (a) Appendix A, Rate Schedule. Appendix A, the rate schedule applicable to the contract, shall consist of: (i) the printed or otherwise published rate schedule of the contractor which has been approved or established by a Federal, State, or other regulatory body; or (ii) the rate schedule negotiated between the contractor and the Goverment. In either event the rate schedule shall bear the legend "Appendix A, attached to and made a part of Contract No. ....," and be entitled "Rate Schedule." Each page shall indicate its numerical order in the total number of pages comprising Appendix A, as, for example, "page 1 of 3." In addition to setting forth the rate applicable to the contract, Appendix A shall include, where applicable, any rules or regulations (whether established by the regulatory body, the contractor, or by negotiation between the contractor and the Government), which pertain to the Rate Schedule. Appendix A may provide for payment to the contractor of a nonrecurring, nonrefundable fee of not more than $1,000 to cover the costs of connecting the contractor's facilities to, and disconnecting them from, the Government's facilities, whenever the contract period is less than six months. In all instances where a connection charge, other than the fee described above, is involved, the "Connection Charge" clause (7.5003-3) and Appendix C (16.501-52(c)) shall be included in the contract. (b) Appendix B, Service Specifications. Appendix B, the service specifications applicable to the contract, shall consist of: (i) NASA Form 550A-1 (Electric Service Specifications), NASA Form 550A-5 (Sewage Service Specifications), whichever is applicable, appropriately completed; or (ii) a specially drafted attachment to the contract bearing the legend "Appendix B, attached to and made a part of Contract No...," and the title of the appropriate service specifications. Each page shall indicate its numerical order in the total number of pages comprising Appendix B, as, for example, "page 1 of 3." Such appendix shall set forth as a minimum: (i) the premises to be served; (ii) an estimate of the service requirements; (iii) the point of delivery to the Government; (iv) a description of the service; (v) a statement of how the service is to be measured for purposes of billing; (vi) the quality of service to be rendered; and (vii) a statement of the capacity and flow of the service. (c) Appendix C, Connection Charge Schedule. Appendix C, the schedule required whenever the contract includes the connection charge clause prescribed by 7.5003-3 or the termination charge clause prescribed by 7.5003-4, shall bear the legend "Appendix C, attached to and made a part of Contract No. .....," and be entitled "Connection Charge Schedule." Each page shall indicate its numerical order in the total number of pages comprising Appendix C, as, for example, "page 1 of 3." The appendix shall set forth as a minimum: 16.501-52 30-156 0-79——35 CFR TITLE 41 CHAPTER 18 SPECIAL CONTRACT AND ORDER FORMS (i) a detailed description of the new facilities to be furnished by the contractor; and (ii) the agreed salvage value of such facilities. 16.501-53 Contents of a Negotiated Utility Service Contract. (a) Contract Using NASA Form 550. Any contract for which 16.50150(a) prescribes the use of NASA Form 550 shall consist of: (i) NASA Form 550, together with any alterations and/or additions thereto (A) required by 7.5001 and 7.5002, (B) authorized by 7.5003, or (C) approved by the Assistant Administrator for Procurement, pursuant to 4.5006(d); (ii) an Appendix A, Rate Schedule (see 16.501-52(a)); (iii) an Appendix B, Service Specifications (see 16.501-52(b)); and (iv) an Appendix C, Connection Charge Schedule (see 16.501-52(c) and 7.5003-3). (b) Contract Using NASA Form 550S. Any contract for which 16.50151(a) allows the use of NASA Form 550S shall consist of: (i) NASA Form 550S without any alteration, addition, or deviation whatsoever; and (ii) an Appendix A, which will be the established rate schedule of the contractor applicable to the contract and the rules and regulations pertaining thereto. 16.501-54 Terms, Conditions, and Provisions. Detailed instructions for use of the clauses contained in NASA Form 550A are set forth in Part 7, Subpart 50, of this Regulation. NASA PROCUREMENT REGULATION 16.501-54 |